HomeMy WebLinkAbout01/09/2019•••
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Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
January 9, 2019
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 December 19, 2018, Regular Meeting
4. Public Hearings
5. Land Use / Action Items
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
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, January 16, 2019 -
7:00 p.m.
Next City Council Meeting - Thursday, January 10, 2019 - 7:00 p.m.
7. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www.cityofapplevalley.org
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
January 9, 2019
Consent Agenda
Description:
Approve Minutes of December 19, 2018, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve minutes of regular meeting of December 19, 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
DECEMBER 19, 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, Jodi Kurtz, Paul Scanlan and David
Schindler.
Members Absent: Keith Diekmann.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, Planner/Economic Development Specialist
Alex Sharpe and Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda. Ayes - 6 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, approving the
minutes of the meeting of December 5, 2018. Ayes - 5 - Nays - 0. Abstained — 1
(Scanlan)
4. PUBLIC HEARINGS
A. TLM Realty Lot Subdivision — PC18-34-SF
Chair Melander opened the public hearing at 7:02 p.m.
Planner/Economic Development Specialist Alex Sharpe stated TLM Realty Holdings, LLC, is
requesting approval of a preliminary and final plat to create a 22,690 sq. ft. lot in front of the
Burlington Coat Factory and Aldi at the Apple Valley Square site. He said at this time the applicant
is not seeking approval of a site plan and building permit authorization because a user has not been
identified. This will require the project to be reviewed by the Planning Commission and City
Council at a later date when the applicant has identified a user and the actual design and footprint of
the proposed structure. This is not typical process for the City, however, is it permitted by code and
has been reviewed by the City Attorney.
He said another property owner, Regency Centers, has asked for the public hearing to remain open.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 2 of 7
The site of the proposed lot is in the northeast corner of Lot 2, Block 1, Apple Valley Square 4th
addition. This is directly north of the Arby's and east of the Burlington Coat Factory. The proposed
building is 2,500 sq. ft. and is proposed to remain zoned "RB" retail business.
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.
The site is zoned "RB" Retail Business, which will determine the permitted and conditional uses for
the proposed structure. The Retail Business zone is centrally located and serves to provide general
retail sales in the community. As a user has not been identified, the proposed use will be evaluated
if the subdivision is approved with an application for a site plan and building permit authorization.
Commissioner Scanlan commented that this proposal is just kind of keeping with what we see as a
trend here in other areas like, for example, Chick-fil-A across the street where a lot was created
from the Cub Foods parking lot and made changes to that for commercial applications.
Mr. Sharpe said there are other examples and there are some differences with this lot that are unique
to the lot as each application is slightly different. The utilities were different on most of those other
lots and became public and there are some additional unique pieces to it. He said staff is not
prepared to say if this is a recommended action or not but it is in keeping with the spirit of those and
why it is something that needs to be evaluated further.
Commissioner Scanlan said if the applicant has not mentioned who are proposing to be building
here and asked if it was something that will be disclosed at the next meeting or comes back to the
Commission when it comes to the surface.
Mr. Sharpe replied that the site plan/building permit would be an additional step that is required in
this case and would be reviewed at another time. The preliminary plat to create an additional lot is
all that is being evaluated at this time. We do not know the user or what the building would look
like. It is atypical but permitted by code.
Chair Melander asked for confirmation that there were no zoning issues or no setback issues and it
appears to be a legitimate use and no conflicts with any of our codes.
Mr. Sharpe answered there do not appear to be any zoning or setback issues necessarily but with the
uses that are coming forward there may be some traffic issues. There may be some utilities issues.
The landscaping is in the zoning chapter and there are some issues but zero percent landscaping is
shown and right now there is inadequate space on the lot but that is something that needs to be
evaluated and options looked at.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 3 of 7
Commissioner Burke inquired if there was a limitation based on the parking and what could
potentially go in there for a retail site.
Mr. Sharpe said parking right now is based on the maximum of retail use. Restaurants or users with
higher demand of parking could require a variance in the future.
Commissioner Alwin commented the request is to just turn this into a lot and it is speculative to the
size of the building and we would have to deal with setback and parking depending on the proposed
use.
Mr. Sharpe said that is correct and staff has been in discussions with the applicant since late 2016 to
try to evaluate if this lot could be created. He added at staff advice, they created a spec type
building so there could be something that could actually determine if the lot could be a viably
created lot and try to find the maximum without coming into a variance as long as the lot can be
served with utilities and traffic.
Ryan Anderson, ISG representing the applicant as the engineer on the project, said they have been
working on this with City staff for about 2 years. He said they do not have a user on the board and
there are some difficulties with this, one being the neighboring property to the north that might
come into effect on the private side of things, not necessarily a City issue. He said the owner
wanted to work out on the front end so when the user is on board and comes in, it will be a fairly
smooth and quick process for them.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, holding the public
hearing open until January 16, 2019 Ayes - 6 - Nays - 0.
B. Time Square Shopping Center — Portillo's — PC18-35-SCGFB
Chair Melander opened the public hearing at 7:17 p.m.
Planner/Economic Development Specialist Alex Sharpe stated Interstate Development Corporation,
on behalf of Time Square Shopping Center II, LLC, the property owner, has submitted an
application for a final plat, site plan and building permit authorization, and a conditional use permit
(CUP) to construct an 8,300 sq. ft. restaurant with a drive-through in the "RB" (Retail Business)
zoning district. The property is located at the northwest corner of Cedar Ave and CSAH 42, and is
known as Time Square.
The proposed restaurant is Portillo's, a restaurant that serves Italian beef, burgers, and other
American fair. The proposal includes the demolition of a portion of the southern Time Square
building, retaining the western half, and the construction of a new restaurant to the east on its own
lot.
The applicant, Interstate Development Corporation has applied for the following actions:
1. Replat of the entire Time Square site, both the north and south parcels.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 4 of 7
2. Site Plan and Building Permit authorization for a 8,300 sq. ft. Class III restaurant on Lot 3,
Block 1, Levine Subdivision No. 3.
3. Site Plan and Building Permit authorization for the retained 9,700 sq. ft. retail structure on Lot
2, Block 1, Levine Subdivision No. 3
4. A setback variance for the existing southern building.
5. A Conditional Use Permit for a drive-through lane in connection with a Class III restaurant.
6. Vacation of a driveway access easement held by the City of Apple Valley that was intended to
provide access to the City liquor store when it was located where Westwood Sports is
currently.
He said the petitioner is proposing to replat the existing parcels, shifting the lot lines to
accommodate the new development, provide parking for each lot, and public street access to each
lot. The existing property lines transect buildings, and create a land -locked parcel. The proposal will
correct this, and will be required to provide each site with cross access and parking easements and
agreements. A final plat diagram was not provided with the application materials and will be
required before proceeding to City Council.
Commissioner Burke said he remembered that the previous time this was reviewed the applicant
was requesting an outdoor storage facility for the holiday.
Mr. Sharpe said that has been removed from the plans and they found a way to service that from
within the building.
Commissioner Scanlan asked what the purpose was for the parking spots on the north side of the
site plan where the exit of the drive-through was.
Mr. Sharpe said it would be for a drop-off and pick-up area if an order was taking longer like a
larger order and the customer would be directly to that area to wait.
Commissioner Scanlan asked if that was two-way traffic at that location then.
Mr. Sharpe answered yes it would be two-way traffic.
Commissioner Scanlan asked if there was a concern of congestion there with people coming around
that relatively sharp corner with the drive-through to have that type of parking there.
Mr. Sharpe replied that it is something staff can evaluate further. The majority of the intent of those
parking spaces is for the user to have already gone through the drive-through and use those spaces
to pull ahead into them. He added since the parking spaces would be used for that purpose there
would likely be signs directly them.
Commissioner Scanlan asked about the existing building and if the entry to the drive-through is
going to be going directly in front of that structure and said it appears that pedestrians would have
access to that.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 5 of 7
Mr. Sharpe answered yes they would and he described the traffic flow to the drive-through.
Commissioner Scanlan commented that as he sees the traffic flow to the site using a different
primary drive -up from 149th Street.
Mr. Sharpe said that would need an additional study and that it would not be encouraged for
pedestrians to cross in front of the drive-through lane.
Commissioner Scanlan inquired if it would be better for drivers to have a direct lane to drive up to
the drive -up lane.
Mr. Sharpe replied that staff would like the applicant to study the traffic flow further.
Commissioner Kurtz asked if this Portillo's would look different from the previous design.
Mr. Sharpe answered that the prior design was from a prohibition era and this plan is for a diner
style.
Commissioner Kurtz asked about the two vacancies on the north side and if the two tenants on the
south would have the opportunity to relocate to the north side to fill that up.
Mr. Sharpe replied that would be a question for the property owner to answer.
Lonnie Provencher, Interstate Development Corp., said he was available to answer any questions.
Chair Melander commented that it looks like the drive-through lanes appear longer in length than
previous plans.
Peggy Hart, Portillo's, said the reason the drive-through lanes appear longer is that they would use
one of the lanes as the by-pass lane and that the lanes are longer for queuing. She added the
building would be the diner style. They try to build for the community and the style would be
unique.
Mr. Provencher said they have been in discussions now about relocating the tenants from the south
building to the north building.
Mark Matijasevich, 13688 Dunbar Way, commented he is excited for Portillo's to come to Apple
Valley. He grew up going to Portello's in Chicago and said it is a great restaurant. They have
unique food and are family friendly. He endorses it.
Lori Udenberg, 7613 Whitney Drive, commented there already is an issue with traffic coming out of
Time Square to get on to Cedar Avenue and to go east on County Road 42. She said there is going
to be increased traffic and noise and that they (Portillo's) are not concerned about the residents but
concerned about their bottom dollar. She said this would add to the problem and pedestrians could
get hit because drivers do not stop at the stop signs.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 6 of 7
Commissioner Alwin asked about the sidewalk connections out to Cedar Avenue and said this
might help with some of the pedestrians trying to access Cedar Avenue.
Mr. Sharpe replied they will be adding a sidewalk connection out to Cedar Avenue.
Commissioner Scanlan inquired about connection points for public access from the north of the site
to the south of the site for pedestrians and how that was to be managed. He asked if pedestrians
would need to go out toward Cedar Avenue to the sidewalk there and then walk over versus through
the parking lot.
Mr. Sharpe answered that currently he does not believe there are north/south sidewalk connections
planned for the site and that staff will need to evaluate that.
Commissioner Scanlan asked if they could take a look at this for the next meeting and address some
of the concerns that were presented here.
Mr. Sharpe said the applicant is expecting to be on the agenda for the January 16, 2019, meeting
and they should have some time to address these comments and concerns.
Community Development Director Bruce Nordquist said the City Engineer would be talking about
traffic on Cedar Ave and County Road 42 as well as improvements for pedestrians in the area.
Chair Melander closed the public hearing at 7:53 p.m.
5. LAND USE/ACTION ITEMS
-NONE-
6. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next regular Planning
Commission meeting would take place Wednesday, January 9, 2019, at 7:00 p.m.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:55 p.m. Ayes - 6 - Nays - 0.
Respectfully Submitted,
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 19, 2018
Page 7 of 7
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
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ITEM: 5.A.
PLANNING COMMISSION MEETING DATE: January 9, 2019
SECTION: Land Use /Action Items
Description:
Panera Bread Restaurant - PC18-33-ZCB
Staff Contact:
Thomas Lovelace, City Planner
Department / Division:
Community Development Department
Applicant:
Panera Bread, LLC and Brixmor Southport Centre, LLC
Project Number:
PC18-33-ZCB
Applicant Date: 11/7/2018
60 Days: 1/6/2019
120 Days: 3/7/2019
ACTION REQUESTED:
If the Planning Commission concurs, staff is recommending the following:
1. Recommend approval of an ordinance amendment to allow for drive-through window
service in conjunction with a Class I restaurant in Planned Development No. 244/zone
2; subject to the following conditions:
1. Only one Class I restaurant with drive-through window service shall be allowed in
zone 2.
2. The Class I restaurant shall be a free-standing building.
3. Only one drive-through lane and menu board shall be allowed.
4. All signage associated with the drive-through window service shall adhere to
Section 154.04 (J)(1)(2)(3)(4)(5).
2. Recommend approval of a conditional use permit to allow for drive-through window
service in conjunction with a Class I restaurant on property located at 15200 Cedar
Avenue and legally described as Lot 4, Block 1, Southport Centre addition.
3. Recommend approval of 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 located at 15200 Cedar Avenue and legally described as Lot 4, Block 1,
Southport Centre addition, subject to the following conditions:
1. Construction shall occur in conformance with the site plan dated December 18,
2018.
2. A bike rack shall be installed in front of the building.
3. Construction shall occur in conformance with the elevation plans date stamped
December 19, 2018.
4. All necessary mechanical protrusions visible to the exterior shall be screened or
handled in accordance with Section 155.346 (3)(a)(b) of the city code.
5. Construction shall occur in conformance with the landscape plan dated December
18, 2018; subject to submission of a detailed landscape planting price list for
verification of the City's 21/2% landscaping requirement at the time of building
permit application and the installation of additional landscaping along the north
property line.
6. Site grading shall occur in conformance with a Natural Resources Management
Plan (NRMP) which shall include final grading plan to be submitted for review
and approval by the City Engineer.
7. Installation of utilities shall occur in conformance with a final utility plan to be
submitted for review and approval by the City Engineer.
8. The infiltration basin and underground storm water infiltration system shall be
constructed in conformance with the City standards.
9. The property owner shall execute a maintenance agreement or other suitable
agreement to be filed with the deed that ensures the perpetual maintenance of all
onsite infiltration areas.
10. The property owner shall execute a maintenance agreement or other suitable
agreement to be filed with the deed that ensures the perpetual maintenance of the
underground storm water infiltration system.
11. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks
with deflector shields which confines the light to the property.
12. A separate application and signage plan in conformance with the sign regulations
must be submitted to the City for review and approval prior to the erection of any
signs.
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.
A public hearing for the zoning amendment and conditional use permit requests was held on
December 5, 2018. The hearing was opened, comments taken, and the hearing was closed.
The following is a synopsis of the comments received at those public hearings, followed by
any staff comments as appropriate.
A comment was received regarding the seating capacity and disabled parking. Staff
response — The proposed restaurant will have 120 interior seats and 26 outdoor seats.
The site plan shows 70 parking spaces on the property. There are currently five handicap
parking spaces on the property. The site plan for the proposed restaurant shows four
handicap spaces, two of which will be located directly adjacent to the building on the south
side. The Americans with Disabilities Act requires a minimum of three accessible
spaces for a 70 -space parking lot.
A concern was raised about the routing through the site and not being able to see over the
menu board, not being able to back up if cars are in line and how hazardous it could become
by the dumpster area if snow removal is not completely done. Staff response - The menu
board will be located in the drive-through lane and should not cause any visibility
problems. The drive-through lane has space for a nine vehicle queue. If the queue
exceeds nine vehicles, entering and exiting the parking spaces along the east side of the
building could become an issue.
The same issue regrading access to the east parking area would be true if the snow is not
removed in that area. However, one could surmise that removal of snow from all the
available parking would be important to the restaurant operator, in particular the area to
the east of the building, since that is the entry into the drive -up window lane and access to
the trash enclosure.
It should be noted that this property has an agreement with the property to the south to
share access and parking with each other. Therefore, additional parking is available
directly to the south of the property for its diners.
The City has received correspondence from residents regarding the proposed
development. Those have been attached along with the Community Development Director's
response to the e-mail dated December 18, 2018. Staff also forwarded the January 2, 2019,
e-mail to the applicant and they have provided a response, which attached with this report.
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 Amendment/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. Approval of a conditional use permit should include 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. An infiltration basin will be
constructed along the west side of the property.
The redevelopment of the site will provide 70 parking spaces for the proposed restaurant.
The minimum required parking is 51 spaces.
An 26 -seat 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, which
they show on their revised plan. Because of the grades and American with Disabilities Act
requirements, the sidewalk will need to go south, east and then north to the front of the
building.
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 and Utility Plans: The City Engineer has reviewed the grading and utility plans
and his comments are contained in his attached memo. Site grading and utility
installation shall occur in conformance with a final grading and utility plans which will need
to be submitted for review and approval by the City Engineer.
Elevation Drawings: The original elevation plans indicated an exterior finish consisting of
combination of brick and EIFS. The plans also identified other features that will enhance the
look of the building that included aluminum canopies above the building entrances and fabric
canopies above the windows. The materials and building design would be compatible with
the existing structures within the planned development.
A concern was raised during the public hearing about the lack of four-sided architecture as it
pertained to the north and west side of the building. The applicant has enhanced those
elevations with the addition of 6 -ft. x 6 -ft. recessed EIFS areas with fabric awnings above the
areas, and additional decorative lighting.
The applicant did not provide elevations for the trash enclosure with their original submittal.
A trash enclosure plan has been submitted with their revised plans, which shows a brick
veneer exterior finish. The gate and side door of the enclosure will be constructed with Trex
boards, which is durable maintenance -free material made of a mix of recycled wood fibers
and recycled plastic.
The applicant has not identified the location of the building's mechanical equipment. The
city code requires that rooftop mechanical equipment must be fully screened by either a
parapet wall along the edge of the building or by a screen immediately surrounding such
equipment. The height of the parapet wall or screen shall be at least the height of the
equipment. Parapet walls must be an extension of the primary building materials comprising
the outside walls of the building. Screens must be constructed of durable, low -maintenance
materials and be either a light, neutral color or the same color as the primary building
materials of the outside walls. Rooftop equipment shall be set back from the edge of the roof
along the front building face a minimum of one times the equipment height.
All ground mounted equipment must be fully screened by either a masonry wall or an opaque
landscape screen. The height of the wall or landscape screen shall be at least the height of the
equipment. Masonry walls must be constructed of the same materials and color as the
primary materials comprising the outside walls of the building; landscape screening must be
of plant materials that are fully opaque year-round. Equipment shall be painted a neutral
earth -tone color.
Landscape Plan: The landscape plan identifies a variety of plantings around the perimeter
of the building, trash enclosure and infiltration area along the west side of the building. They
will be saving some existing 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 Borer. Those trees should be removed and replaced with a
disease resistant species. Landscaping should be added along the north side of the site,
which will help screen the drive-through lane.
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.
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 has identified a sidewalk connection from the site to the
sidewalk along Cedar Avenue. The sidewalk goes approximately 56 feet south of the
restaurant then becomes a striped crosswalk in the parking area as it maneuvers east and
north to the front of the restaurant.
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 was on the proposed zoning amendment
and conditional use permit was held on December 5, 2018. The hearing was opened,
comments taken and the hearing was closed.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Background Material
Memo
Applicant Letter
Memo
Background Material
Applicant Letter
Map
Map
Map
Plan Set
Elevations
Elevations
Elevations
Plan Set
Floor Plan
PANERA BREAD
PROJECT REVIEW
Existing Conditions
Property Location:
15200 Cedar Avenue
Legal Description:
Lot 4, Block 1, Southport Centre
Comprehensive
Plan Designation
"C" (Commercial)
Zoning
Classification
"PD-244/zone 2" (Planned Development)
Existing Platting
Platted
Current Land Use
Baker's Square Retaurant
Size:
1.28 acres
Topography:
Flat
Existing
Vegetation
Plantings associated with commercial development
Other Significant
Natural Features
None
Adjacent
Properties/Land
Uses
NORTH
Multi -tenant retail building
Comprehensive
Plan
"C" (Commercial)
Zoning/Land Use
"PD-244/zone 2" (Planned Development)
SOUTH
Walgreen's Drug Store
Comprehensive
Plan
"C" (Commercial)
Zoning/Land Use
"PD-244/zone 2" (Planned Development)
EAST
Target
Comprehensive
Plan
"C" (Commercial)
Zoning/Land Use
"PD-244/zone 1" (Planned Development)
WEST
Cedar Avenue
Comprehensive
Plan
N/A
Zoning/Land Use
N/A
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. Tree planting is prohibited in public drainage and utility easements. Drainage and utility
easements should be clearly identified on landscape plan.
66. 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.
December 17, 2018
City of Apple Valley
Public Works Department
Brandon S. Anderson
7100 147th Street West
Apple Valley, MN 55124
CEI Engineering Associates, Inc.
ENGINEERS • SURVEYORS • LANDSCAPE ARCHITECTS • PLANNERS
3108 SW Regency Parkway, Suite 2
Bentonville, AR 72712
(479) 273-9472 Fax (479) 273-0844
www.ceieng.com
Project #: PC18-33-ZCB
Request: Large Scale Development
Project Name: Panera Bread Restaurant — Baker's Square Site
GENERAL
11/28/2018
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.
To be provided once bid is awarded and contractor selected.
PERMITS 1st SUBMITTAL COMMENTS:
11/28/2018
1. 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.
• An NPL—3 permit is not required since the project will only disturb 0.76
acre'
1. A City of Apple Valley Natural Resource Management Permit (NRMP) will be
required prior to any land disturbing activity.
• A NRMP permit will be obtained by the contractor prior to any ground
disturbing activities occur at the site.
2. 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.
iaerstoc
3. Provide a copy of the approval letter from the Department of Labor and Industry
(DOLI) prior to construction.
• Understood.
Solutions for Land and Life
CALIFORNIA • TEXAS • ARKANSAS • MINNESOTA • PENNSYLVANIA
4. Provide a copy of any other required permits.
SITE 1st SUBMITTAL COMMENTS:
11/28/2018
1. An existing tree near the northwest corner 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.
i is Sdi ii�di y . ULcu al iu .. .y... .ui II nests with
the tree location
2. The existing colored concrete sidewalk with 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.
Where the proposed sanitary sewer lateral connects to the existing
sanitary sewer main, a sawcut area has been delineated and a note
added with color pigmented concrete to match existing.
3. Construction of the proposed 12" HPDE storm sewer will require additional
concrete curb and gutter and bituminous pavement removal beyond what is
already shown.
The savv.;ut area has been expanded to sh,.vv this area to „roved.
4. 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.
The pedestrian connection has been shown across the front drive to allow
for a safer transition to the sidewalk along Cedar Avenue as well as a
connection to the accessible stalls South across the main drive.
5. Indicate the required parking stalls on the Site Plan.
• The number of required stalls is noted on the plans.
6. Indicate the detail number for van accessible spaces on the Site Plan.
• The detail for 90 degree parking as well as van and regular accessible
stalls has been provider'
7. Include detail 12F for parking lot sign base supports in the plan.
• Detail is provided
8. Provide the ALTA survey and photometric plan for review and approval by City
Engineer.
ALTA is provided.
9. Provide an additional drawing showing vehicle turning movements to ensure site
circulation requirements for emergency vehicles.
urdwirlg6r,�,r,y
included.
10. Provide an additional drawing showing vehicle turning movements to ensure site
circulation requirements for delivery vehicles.
The Circulation elan for delivery vehicles has heen crovided
11. Final site plan shall be reviewed with the construction plans and approved by City
Engineer.
Understood.
GRADING, DRAINAGE AND EROSION CONTROL 1st SUBMITTAL COMMENTS:
11/28/2018
1. Provide overall site composite Curve Number (CN) on the plans.
The pre- and post -developed CN values have been added to the plans.
2. Show all emergency over flow (EOF) elevations. The finished floor/low opening
elevation must be 1' minimum above the EOF elevation.
�e maximun OF elevation is 949.25, which is 1.65' lower than the FFE
Of the restaurant.
3. 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.
Per teiepnone conversation with the Cit) igineer, this comment does not
apply.
4. 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.
• The easter. ,Jortion the bioretention pond has removed. T.
eastern portion of the site is now captured in an underground infiltration
Pond.
5. Proposed filtration basin shall be privately owned and maintained. A filtration basin
Construction and Maintenance Agreement will be required as part of Development
Agreement.
a Nocea.
6. Filtration basin cannot encroach into existing drainage and utility easements.
• The bioretention pond does not encroach into any easements.
7. Electrical Pad cannot be located in filtration basin. Elevations should be revised or
pad should be relocated out of proposed basin.
• The gra,ig in the e. a of the electric transforr .r has beE evised tc ep
if ni,,If of anti ctnrmwAiatpr facilities.
8. Utilities are not allowed within filtration/infiltration basins.
• All utilities have been re-routed to keep them out of the bioretention pond.
9. The wrong storm water reviewing agency is listed on the grading plan. Plans
should be submitted to the City of Apple Valley.
his has been revised.
10. 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.
s The Erosion Control Plan has been revised to meet MN standards.
11. 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.
le concrete washout details have been removed and tf .ote callout
has been revised to provide a concrete washout that meets MN standards.
12. 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.
Notes have been added to the plans to protect the bioretention pond
during construction.
13. 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.
Riprap was not intended to be the stormwater pretreatment BMPs, it is
there to prevent erosion and scour. The eastern portion of the site is
treated by an underground infiltration pond, the western portion of the site is
treated via Rain Guardians and then the bioretention pond, and the
southern portion of the site will be treated by a FlexStorm inlet filter
14. 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.orq/technical reports.html
• All curb cuts have been revised accordingly
15. 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.
s The riprap pad detail mentioned above r: s been added to the plans.
16. 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.
The filter media death has bPen reviser
17. 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.
• A note has been added to the plan that states the contractor ..gust test and
provided documentation of results to ensure the bioretention pond
infiltration rates meet the standards.
18. 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.
, A Q, -;i rtn; p hn.. r.,. r.J ., +hn h.,rn+n.,+.,
19. 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.
ine additional neroiciae note nas oeen aaaea to the pians.
20. 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.
21. 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.
See(JIi llg. IS riot oei llg. pI opose°.
22. 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.
Plantings are being proposed within the bioretention pond to reach final
stabilization immediately.
23. 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?
1111 VCALVll Nt.A 111 IIIVIIIIVI IV.A C.a1,,,, VV 16;.6' NV VVIIV VI IV lV { �.AI IVtion BGA
that will not capture runoff.
24. 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.
• 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.
ne area nas now been regraaea to De a arainage cnannei tnat will
convey this area to the bioretention pond to the west. This area will
be sodded per the Landscape Plan
25. 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.
• Seeding is not beirarformed within the bioretention pond, plantings will
be nrovided to achieve final stahiIi7ation in that area.
26. Final grading, drainage, and erosion control plan shall be reviewed with the
construction plans and approved by City Engineer.
a I'VUtea.
SANITARY SEWER 1st SUBMITTAL COMMENTS:
11/28/2018
1. 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.
We are awaiting mc. .... the location of thk _..._ .
2. Indicate the existing sanitary sewer pipe size and material at the connection point.
We are awaiting more information on the size and material of this utility.
3. Indicate the proposed sanitary sewer pipe invert elevation at the connection point.
4. Sanitary sewer cleanout should not be located within filtration basin.
Sanitary location has been revised and no sanitary cleanouts are within the
filtration basin.
5. 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.
6. Confirm that the proposed sanitary sewer pipe grade meets the requirements
specified in the Minnesota Plumbing Code.
• Sewer line meets minimum grade .25%
7. Final sanitary sewer design shall be reviewed with the construction plans and
approved by City Engineer.
Understood.
WATER MAIN 1st SUBMITTAL COMMENTS:
11/28/2018
1. 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.
i Guiiiy iii ii iic Cli GG 1166 iieei 1 1'611'16
2. 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.
There are no water lines that cross
3. Provide a drawing showing hydrant coverage for the site. Commercial zones
require 450' radius for coverage.
• Dimension shown fror, ,.isting fire hydrant at the dive entry to the farthest
corner of the site (244.541
4. 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.
Valve . i, -.aced 30' fror�.
5. Final water main design shall be reviewed with the construction plans and
approved by City Engineer.
iderstoc
STORM SEWER 1st SUBMITTAL COMMENTS:
11/28/2018
1. 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.
a moot cretins empty into tree or dlndge swdie to the Nor°tn dna then are
conveyed to the underground infiltration facility.
2. 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.
A junction box has been provided to remediate this conditior
3. Include detail 28A for storm drain pipe bedding in the plan.
Detail is included
4. Include detail 73A for drainage structure modification in the plan.
• Detail is included.
5. 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.
Ijnderstood
6. Provide storm water calculations and storm water management plan for review
and approval by the City Engineer.
A ul'ali dye i`epoi`i dila the w11u5 trioueI is atta ii u Jui` yaui` i`CvieW. i i1C
plans have been revised to add BMPs to the plan to address the code
requirements. These are indicated o the Grading Plan.
7. Final storm sewer design shall be reviewed with the construction plans and
approved by City Engineer.
• Understood.
LANDSCAPE AND NATURAL RESOURCES 1st SUBMITTAL COMMENTS:
11/28/2018
1. Existing trees planted along Cedar Avenue and those to the north shall remain
and be protected throughout construction.
Tree protection details have been show.. 3n the fr..
2. 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.
\n/.= hada rex/ the r,len to . hnwni theca heinn remnued and ranlerard
3. Tree planting is prohibited in public drainage and utility easements. Drainage and
utility easements should be clearly identified on landscape plan.
• unaerstooa.
4. 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.
�..�:drstoou
Please contact us for any additional information.
Respectfully submitted,
CEI Engineering Associates, Inc.
Brent Massey
PrincipalNP of Operations
.a.
CITY OF Apple„
Valley
MEMO
Public Works
TO: Tom Lovelace, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: January 4, 2019
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 (NRNP) 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. Final site plan shall be reviewed with the construction plans and approved by City
Engineer.
Grading, Drainage and Erosion Control
8. 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.
9. Proposed filtration basin shall be privately owned and maintained. A filtration basin
Construction and Maintenance Agreement will be required as part of Development
Agreement.
10. Filtration basin cannot encroach into existing drainage and utility easements.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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.
18. 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.
19. Final grading, drainage, and erosion control plan shall be reviewed with the construction
plans and approved by City Engineer.
Sanitary Sewer
20. 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.
21. Indicate the existing sanitary sewer pipe size and material at the connection point.
22. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in
the Minnesota Plumbing Code.
23. Final sanitary sewer design shall be reviewed with the construction plans and approved by
City Engineer.
Water main
24. Apple Valley standard is 8' minimum cover for all public water main, please revise
General Utility Notes.
25. Include detail 22C.
26. 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.
27. Final water main design shall be reviewed with the construction plans and approved by
City Engineer.
Storm Sewer
28. 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.
29. Include detail 73A for drainage structure modification in the plan.
30. 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.
31. Provide storm water calculations and storm water management plan for review and
approval by the City Engineer.
32. Final storm sewer design shall be reviewed with the construction plans and approved by
City Engineer.
Landscape and Natural Resources
33. Existing trees planted along Cedar Avenue and those to the north shall remain and be
protected throughout construction.
34. Tree planting is prohibited in public drainage and utility easements. Drainage and utility
easements should be clearly identified on landscape plan.
35. 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.
36. The skinny bioretention basin along the northern portion of the property has been
replaced with a concrete swale and curb cut inlet with riprap. While this will likely
function, it will also likely be quite unsightly. The riprap still presents a maintenance
issue in that it is often installed incorrectly such that flow into the curb cut is blocked or
causes erosion problems by flowing to the outside of the riprap. Additionally, it is more
difficult to clean in that all the riprap must be removed and replaced.
a. The design might be better served with a wider raingarden to a sodded swale with
drain tile and sand (French drain with sod on top) that drains to the bio retention
basin.
37. The Minnesota Storm water Manual recommends "underdrains with Schedule 40 or SDR
35 smooth wall PVC pipe" for construction of underdrains; that may not be consistent
with use of a corrugated underdrain.
38. The use of shrubs in the bio retention basin is a good option for future ease of
maintenance and reduces time till when the BMP can go online.
39. Some of the language on the ESC and NPDES details do not match site characteristics or
City of Apple Valley. The applicant will be responsible for meeting state and local
requirements and preventing erosion and sediment migration.
40. Only two trees are proposed on site, both maples. Recommend diversifying and adding
additional trees on northern property edge or in islands to meet landscaping requirements.
JANE 03 2019
To The Planning Commission And City Council of Apple Valley:
Thank you for the opportunity allowing the community to present their input to a very important aspect of their
life. I speak not out of complaint nor am 1 representing any organized group even while what I have to say may
well reflect their thoughts. To say the consideration of losing the Bakers Square site as a favorite destination for
anything from a cup of coffee to a full meal is fully unsettling can only express the least of a community's
response to the news.
First, I would like to accept that appealing the demolition of the Bakers Square building and replacing it with a
new one for Panera Bread may do nothing for what is likely a nearly done deal. Why this activity is taking place
is only for us to wonder, but for the hundreds of faithful patrons it is an upheaval in their content pattern of life.
Next, what is the IMPACT of such a change in our business community?
1. This is home to hundreds of our local citizens.
A: It is here that individuals come to seek solitude for business research, educational study, bible
studies, personal times of quiet introspect, etc.
13: A favored location for meetings is lost. Church groups meet here for study and fellowship. Business
retirees, teachers, friends joining friends for breakfast, lunch, dinner or pie meet here. And, 1 am a part of a
group who came to know each other just by the fact we are in a place where strangers become friends that begin
to feel like family and frequent the Square as their home wherein they can visit while dining. It is a very
comfortable gathering place unlike any other in the Apple Valley area.
C: We are left without a restaurant that seems to have the comfortable atmosphere families and seniors
enjoy. There is no hurriedness nor sense of one being just another person or table to service. As a touch of home
we find the serving and management staff interested in us personally. These young servers become much like
our own family sharing their aspirations sought out in colleges, developing their own family life or even as they
work either part time or full time to provide a source of income.
D: Employment opportunities are minimized. Many of our young people find jobs at this dining facility
where they not only gain income but social skills and personal confidence through interaction with friendly folks
who have been there at one time or have children or grandchildren going through the same rite of passage in
their lives. To close this store would be to put many out of work where personal interaction has not been
replaced by the electronic ordering boards the Panera store will bring. Let's keep the conversation of our
community going by retaining the unique ambiance of the family home nature found in Bakers Square.
E: Seniors in our community are seemingly disregarded in the commercial planning. With the number
of this generation expanding and multiple dwellings being constructed for them it would seem to be imperative
to provide dining establishments catering to their needs. Bakers Square is a very popular destination that meets
that demand and lends credence to the appeal to maintain its presence.
F: As a tax base for the city, a large number of the customers of Bakers Square will not be going out to
eat so often which is a loss in sales tax revenues.It is hard to believe a back -fill into the present Panera store will
provide city revenues such as the Square would in its continuance. As for property taxes, a new footprint at
another location should be beneficial.
2. This is the kind of restaurant a COMMUNITY NEEDS.
A: As representatives of this community, you are asked to provide for us what we desire as citizens and
what is good for us. That being, in this case, is a restaurant such as Bakers Square. What we are faced with
losing now is just what one would want to bring into a community as part of its development. This is a gathering
place for so many people who don't find other venues to be to their liking or needs. Especially the elderly find
the Square, as we affectionately call it, to be the ideal place to meet for breakfast after worship services on
Sundays. Even though one may have to wait for seating, the friendly fellowship with people not even in that
party is welcomed and makes the wait worthwhile. How many folks come through at noon each Sunday, could it
be 400 +1-?, 1 do not know. But, where else will they go, or will they not go at all? The thought expressed many
times over is one of much dismay for the loss of a favorite store while wondering where they will go to find
anything like it. Forfeiture of this clientele business could even impact the tax base of the city for a negative
effect on this proposed change.
13: Wednesday is Free Pie Day at the Square and brings in another large group to enjoy something no
other restaurant can give. It may not be so much the free pie that brings the people in as it is the wonderful
outing it provides in the middle of the week when they can just have a friendly visit with those they know and
love. The free and tasty pie may often serve as an excuse to be there. Oh, we can't forget the one irreplaceable
source of special occasion pies that Bakers Square provides. You may be surprised to note that between
Thanksgiving and the end of the year our friends and neighbors purchase ten to twelve thousand pies for various
reasons. Can we really take that away? There is no other source of such a favorite maker of these The Best Pies
In America, as they have repeatedly been awarded.
C: Personally, I have been a regular every morning for coffee or breakfast for the past 14 years. During
that time 1 have met and become friends with a host of people from which a number of us meet each Tuesday as
a group for a very friendly breakfast visit that lasts for 2 to 3 hours. While 1 don't know names of so many
others, 1 am acquainted and in conversation with nearly all who come in between 6:15 and 9:00 AM. It is this
sort of comradary and intracommunal fellowship that builds and strengthens a community and thus raises the
importance of retaining such a place as Bakers Square.
D: 1 believe it is important to provide diverse, desirable venues for all ages and people groups as a
means of making and keeping a vibrant business community for a growing city. The elimination of Bakers
Square will diminish that quest.
E: Closures of any business have a dulling effect on the impression of a city. Knowing there are dining
choices nearby brings a comforting feeling to folks who would like to go out themselves or take friends out for a
visit and meal. This community needs that reputable characteristic for its own pride and use, therefore it seems
beneficial to retain the Bakers Square store and find another location for Panera to build.
Alternative SITE SUGGESTIONS:
A: Considering Panera wants more parking and a more visible site; could it be that the far end of this
parcel north of Mattress Firm, etc. would allow the space and visibility they are looking for? That would
preserve Bakers Square, open a new business location and allow a refill in their vacated store. While retaining
all lessees the property owner would maintain three entities, then, instead of only two without disrupting the
commercial habits and desires of the community. All good for the vitality and preservation of the downtown
district.
B: The demolition costs of the Bakers Square site in order to erect a new Panera site would quite likely
be near that of purchasing another lot. Why, then, proceed with such a plan?
C: While it eliminates the Brixmor group, why not consider the old Ruby Tuesday site? Or, there is also
plenty of space in the old Rainbow parking lot in which multiple businesses could be located. And, if you
should deny HyVee their proposal, there is the property at 7668 - 150th St. where also a building could be
demolished for a new Panera site in a very highly visible location. Meanwhile, the community could retain its
preferred dining venue and the city would be richer for it.
This all being said, and noninclusive of much other valuable thought within the Bakers Square customer
community, I must admit the dollar often speaks louder than the heart. But, 1 would ask you to take careful
consideration of the heartfelt concerns of the Bakers Square community and family. Our request would be for
for you to deny the application to demolish the Bakers Square site in favor of a new Panera Bread building. This
action must be considered ill-advised and unnecessary while there are other locations available and the
consequence of such a move would be detrimental to the image of the business community as well as impacting
a large and vital part of its residential constituency.
Thank you.
Sincerely,
From:
Sent: Tuesday, December 18, 2018 9:20 PM
To: Grawe, Charles <:.. Gr
Subject: Baker's Square
I heard that the flttrrrc of Baker's Square is Qoin_! It, Ne Discussed at the neat eitr council mcctin2.
I sineer•Ir hope that Baker's Squats: is alio ed to starthere arc ren fess tamilr restaurants in
.1pplc Arrlle� and Baker's Square has wreat rood in a mood price. Also. hitv e v ou v er seen the
number of hies that thev se11 around the holidays'.' I hint: of all those pcoplc that mould have to
attempt to make pies themsc]res! In all seriousness. there arc so man\ quick casual restaurants
ulreadr , ]'inert has a spot and there are locations all oy er. There aren't many Baker'; Syaures
lent Please don't let Baker's Square g.o!
(hanks!
From: Nordquist, Bruce
Sent: Wednesday, December 26, 2028 3:12 PM
To:
Cc: Grawe, Charles <: �>, .<,›
Subject: FW: Baker's Square
Hi,
I'm Bruce Nordquist, City of Apple Valley Community Development Director.
I oversee the planning application review process and am familiar with the land use
application that affects Baker's Square. Charles Grawe forwarded me your message
from December 18.
Some background:
• An application meeting all requirements for review was received from the owner
of the land and building, Brixmor Southport Centre LLC, and a proposed tenant,
Panera Bread LLC.
• The City, by State statute, is required to review the application within 120 days.
• Baker's Square opened in 1990 and has been in operation continuously for 28
years and has a lease with Brixmor. Both meals and pie are what they are known
for and we have all benefitted from their location in Apple Valley.
• Business decisions, like at this location, are affected when leases are due for
renewal, are being discussed, perhaps have not been renewed by a tenant, and
other terms may affect decisions, like requests to update a store. Leasing
decisions are private matters and require both parties to move forward together
to achieve the objective of renewal,
With all that said, the City is not making a decision about Baker's Square or Panera. It is
reviewing an application for an allowed dining use, that included drive -up services since
1990 and is proposed to have that same type of offering be continued.
You mentioned that a City Council review is coming up. The application is scheduled to
be further reviewed by the Planning Commission on January 9th at 7:00 p.m. The
Planning Commission must complete a review and take action, making a
recommendation to the City Council when ready. Like all written comments we receive
about applications, we will forward your message to the Planning Commission.
Regards,
Bruce Nordquist
Community Development Director
City of Apple Valley
Email received — January 2, 2019:
From:
To: customercaremanagement@panerabread.com
Cc: Murphy, Joan; patty.dexter@ecm-inc.com
Subject: Apple Valley Panera Relocation Concern
Date: Wednesday, January 2, 2019 11:08:46 AM
To Whom it May Concern:
On December 51r, in Apple Valley, Minnesota before a city Planning Commission meeting,
Panera proposed its plan to take over the current site of the Bakers Square location in the city.
razing the existing building and constructing a new restaurant with a drive thru. This came as a
surprise to not only the customers of Bakers Square, but also the employees of that location. This
proposal appears hostile: forcing out an existing, successful restaurant fom their location \with
no consideration for the existing tenant. If the existing restaurant were in the process of closing
or relocating themselves, this proposal would make sense. However, since the lease is still being
negotiated, these steps are premature.
I've read through Panera-s 2016 Responsibility Report and find this action to be at odds with the
image Panera is advertising. From the report:
"Responsibility Strategy: Relationships Through Warmth Building 14[/1'111 relationships
based an respect and hones11' with guests, aSSociCiles, load con11fhfif111ie,1', inve.slors and
other stakeholders.... C ultural Values ...Our cultural values .serve as our guideposts. in all
our interactions. 3'e define our values as.• ]Vo Jerks Fostering relationships based on
respect and honesty....A'o Shortcuts Getting the tough stuf f dune rs-ith optimism and
mastery... Business InFL rii1 tend Ethics Panera ix dedicated to tnaintainirag the highest
ethicu/ Vancitircls in our bu.Vines.S' COIldil't and practicing,hone.s11' in all our relationships,
We measure our ethical practices against the principles outlined in our ,Standards of
Business ('onduci. Everi'one al Panera adheres to these standards. including all nc'1, lv-
hired crtisociale.s. Our quick rule of thumb to evaluate our ethical conduct is to ask
ourselves (five would be proud 10 see art action publicized If not, we know it's not un
action that has integrity..."
Panera seeks to promote themselves as honest. wholesome. responsible and caring members of
the communities they serve. The actions on Dec. 5th demonstrate otherwise.
It's difficult to believe that in all the community of Apple Valley, there is no other suitable
location for Panera to explore a new site that would accommodate a drive thru. The former
location of TCF bank on the northwest corner of Cedar and CR 42, or the vacant lot just east of
the Transit Station on 155`u' (former Watson's/Menards yard) could both be suitable
alternatives. It's difficult to believe that the only solution to Panera's problem is to put another
restaurant out of business, particularly one that is only tangentially a competitor.
1 write this letter as a customer of both Bakers Square and Panera recognizing that the current
location for Panera is problematic. Parking is often a challenge. and the location is not
particularly convenient to access. 1 ask that Panera re-examine the solution to its problem and
seek to find a location that is both a benefit to their business roadmap and upholds the values
outlined in the 2016 Responsibility Report.
Sincerely.
CC: Apple Valley Planning Commission ctrtnmdus Ltc i.apple s,ali�s.mo.us
Patty Dexter Sun TI sWeek Newspaper path _dexter de n i-ine.cmt
Bakers Square Guest Relations __-- ._._
Local News Article:
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Panera
)_i1t,tlt,-011 Panera Responsibility Report:
https: //wvww.paricr.rhr,,ad.com
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JANUARY 4, 2019 E-MAIL FROM PANERA, LLC
Mr. Lovelace,
I am copying the property ownership team from Brixmor on this response to the message
below. Panera does not own the property, nor do we have any control over the existing lease for
Baker's Square or any potential negotiations regarding their lease status. I think it is unfortunate
that a resident and customer feels Panera is acting in a hostile or deceptive manner. We are
going through the very public process of presenting the subject project for review by the
governing bodies of the city, and have done nothing to hide our intent to develop a new
freestanding building in order to relocate from our current position.
As of December 28, 2018 Panera has entered in to a lease with Brixmor for the property, and is
working in good faith with the city and the ownership team to secure the necessary approvals to
develop the site in to a new Panera location.
I believe Marc Newman, Brixmor's Vice President of Redevelopment, spoke with you a few
weeks back to discuss potential concerns regarding Baker's Square. If necessary, Marc will be
available next week to connect with you again in order to get this cleared up further.
Thank you for bringing this resident's concerns to our attention, and please let me know if you
need anything more.
Thank you,
Brian Barnard
Sr. Development Project Manager
Panera, LLC
3630 South Geyer Road, Suite 160
Sunset Hills, MO 63127
tel: 314-934-2609
fax: 314-909-337O
mobile: 314-304-1136
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SECTION #6
NM LS 9
...
....
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Apple
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Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6.A.
January 9, 2019
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, January 16, 2019 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, December 19, 2018
• Site plan, variance applications due by 9:00 a.m. on Wednesday, January 2, 2019
Wednesday, February 6, 2019 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, January 9, 2019
• Site plan, variance applications due by 9:00 a.m. on Wednesday, January 23, 2019
Next City Council Meetings:
Thursday, January 10, 2019 - 7:00 p.m.
Thursday, January 24, 2019 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A