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HomeMy WebLinkAbout01/16/2019••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 January 16, 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 January 9, 2019, Regular Meeting B. Ordinance Amendment Accessory Structures, Fences and Building Construction - PC 19-01-Z Adopt Resolution Setting Public Hearing to Consider Amendments to Title XV, Chapter 155 (Zoning), of City Code Related to Accessory Buildings, Fences, and Building Construction Location: City-wide Petitioner: City of Apple Valley 4. Public Hearings A. TLM Realty Lot Subdivision - PC 18 -34 -SF Continue Public Hearing to Consider a Preliminary Plat to Create an Additional 22,690 sq. ft. Lot. Location: 7575 153rd Street West Petitioner: TLM Realty Holdings, LLC 5. Land Use / Action Items A. Time Square Shopping Center - Portillo's - PC 18-35-SCGFB Consider a Preliminary Plat, Conditional Use Permit for a Drive -Through and Site Plan/Building Permit Authorization to Allow for Construction of 8,300 sq. ft. Restaurant with Drive -Through Window Service Location: 7525 -7665 148th St. W & 7530 - 7564 149th St. W. Petitioner: Interstate Development Corp. B. The Shores - PC18-16-PZCSB 1. Consider an Amendment to the 2030 Comprehensive Plan Land Use Map, Rezoning, Subdivision, Conditional Use Permit and Site Plan/Building Permit Authorization to Allow for the Construction of 101 Townhomes on 9.9 Acres Location: Northeast corner of 157th Street West and Johnny Cake Ridge Road Petitioner: Pulte Group, Inc. and Rockport, LLC 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, February 6, 2019 - 7:00 p.m. Next City Council Meeting - Thursday, January 24, 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 l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.A. January 16, 2019 Consent Agenda Description: Approve Minutes of January 9, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of January 9, 2019. SUMMARY: The minutes of the last regular Planning Commission meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 9, 2019 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 7 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of December 19, 2018. Ayes - 6 - Nays - 0. Abstained — 1 (Diekmann) 4. PUBLIC HEARINGS -NONE- 5. LAND USE/ACTION ITEMS A. Panera Bread Restaurant — PC18-33-ZCB City Planner Tom Lovelace stated 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9, 2019 Page 2 of 4 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. He said a public hearing for the zoning amendment and conditional use permit requests was held on December 5, 2018 and he commented on the questions received during that public hearing. Discussion followed. Brent Massey, CEI Engineering Associates, Inc., representing Panera was available for questions. Nobody asked him any questions. Dick Hanson, 7108 Lower 170th Ct, said he was there to represent the customers of Baker's Square and that Baker's Square was a home away from home. It was a place to share. He said you are eliminating a place for them to go and that Baker's Square is a very unique place and they provide a lot of jobs. He added this is a very important part of the community. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending 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). Ayes -7 -Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending 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. Ayes -7 -Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Kurtz, recommending 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9, 2019 Page 3 of 4 3. Construction shall occur in conformance with the elevation plans date stamped December 19, 2018 and to add the condition of intricate colored brick. 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 and east property lines. 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. Ayes -7 -Nays -0. 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 16, 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 Alwin to adjourn the meeting at 7:37 p.m. Ayes - 7 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9, 2019 Page 4 of 4 Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.B. January 16, 2019 Consent Agenda Description: Ordinance Amendment Accessory Structures, Fences and Building Construction - PC19-01-Z Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: City of Apple Valley Project Number: PC19-01-Z Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Adopt resolution setting public hearing for the February 6, 2019, Planning Commission meeting to consider amendments to Title XV Land Usage, Chapter 155 Zoning, of the City Code related to accessory buildings, fences and building construction. SUMMARY: The Planning Commission is asked to set a public hearing to consider amendments to the Zoning Chapter of the City Code concerning accessory buildings, fences and building construction. The proposed amendments are requested to update the Zoning Code to make it better align with the provisions of the State Building Code. More information will be provided when the public hearing is conducted. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2019 - A RESOLUTION SETTING A PUBLIC HEARING FOR AMENDMENTS TO TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY AMENDING CHAPTER 155 (ZONING) RELATED TO ACCESSORY BUILDINGS, FENCES AND BUILDING CONSTRUCTION IN THE CITY OF APPLE VALLEY WHEREAS, the City of Apple Valley has adopted a Zoning Ordinance providing for a variety of permitted land uses and performance standards in order to protect the public health safety, and general welfare, and WHEREAS, the Zoning Ordinance must be updated from time to time to ensure compliance with the State Building Code, and WHEREAS, the Apple Valley Planning Commission finds that current conditions warrant the consideration of amendments to the Zoning Ordinance related to accessory buildings, fences and building construction, and WHEREAS, Section 155.400 of the City Code of Ordinances provides for such procedure to effect a rezoning or amendment to the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City of Apple Valley, Dakota County, Minnesota, that a public hearing before the Apple Valley Planning Commission be set for February 6, 2019, at 7:00 p.m., or as soon thereafter as possible, to consider an amendment to the Apple Valley Zoning Regulations concerning Chapter 155 related to accessory buildings, fences and building construction of the Apple Valley Code of Ordinances. ADOPTED this 16th day of January, 2019. Thomas O. Melander, Chair c:Aprogram files (x86)Aneevia.com\docconverterproAtemp\nvdc158b2292-da98-4468-8de4-2350773at426\apple valley. 8771.1.res._set publichearing.docx ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. January 16, 2019 Public Hearings Description: TLM Realty Lot Subdivision - PC18-34-SF Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: TLM Realty, LLC Project Number: PC18-34SF Applicant Date: 11/8/2018 60 Days: 1/7/2019 120 Days: 3/8/2019 ACTION REQUESTED: The public hearing remains open, the Commission is recommended to receive any additional public comments, and close the public hearing. If the Planning Commission concurs, staff is recommending the following: 1. Recommend approval of a lot subdivision via preliminary plat of Lot 2, Block 1, Apple Valley Square 4th Addition creating Lot 1, Block 1, Apple Valley Square 6th Addition; subject to the following conditions: 1. Lot 1, Block 1, Apple Valley Square 6th Addition shall provide evidence to the City that the site has required public street access. All documentation shall be reviewed and approved by the City Attorney prior to final action by the City Council. 2. A Developer's Agreement between the City and the petitioner shall be developed detailing the petitioner's site responsibilities, including but not limited to: 1. Utilities 2 Landscaping 3. Park Dedication 4. Easement Dedication 5. Site Access 6. Cross Parking Agreements. 3. Park dedication shall be calculated and required at the time of Site Plan and Building Permit Authorization and shall be paid prior to the issuance of a building permit. This shall be noted in the developer's agreement. 4. A cross parking agreement shall be filed with the city between Lot 2, Block 1, Apple Valley Square 4th Addition and Lot 1, Block 1, Apple Valley Square 6th Addition and shall be noted in the developer's agreement. 5. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. 6. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. If the site is one (1) or more acres in size the applicant shall also submit a copy of the of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100. regarding the State NPDES Permit prior to commencement of grading activity. 7. Earthmoving activities shall be limited to the hours 6:30 a.m. to 5:30 p.m. Monday through Friday. 8. The City shall receive a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. 9. The final plat shall be recorded with the County prior to the issuance of a building permit. 10. Subject to all conditions noted in the City Engineer's memo dated January 10, 2019. 11. A Site Plan and Building Permit Authorization shall be approved prior to approval of a building permit. SUMMARY: 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. At this time the applicant is not seeking approval of a site plan and building permit authorization as 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. 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 public hearing was held on December 27, 2018 for the preliminary plat. The hearing was opened but was not closed due to a request by a neighboring property owner and their concerns how this development could affect their property. Regency Centers, the neighboring property owner has submitted a letter detailing their concerns about the development of this parcel which is attached for review. To address the legal concerns noted in the letter, the City Attorney has also submitted a memo to the Planning Commission. Staff has responded to the development concerns in the background section of this report. Additionally, the applicant has submitted a response letter, also attached to this report. BACKGROUND: Staff Response to Regency Center Letter: The two primary concerns noted in the letter are a private cross parking agreement, and the sight lines from Cedar Ave. Staff has reviewed the existing and new lots and found that the number of parking stalls will remain at 388 spaces. Additional parking stalls are gained by realigning the parking to be 90 degrees vs. the 45 degree current configuration. The proposed curb island on the north side of the existing lot is not currently under review by the City, but does contribute to bringing the parking lot into code conformance for curb island requirements. Site lines are not reviewed by the City, nor are they regulated by City Code. 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 Retail Business, Retail Shopping Center, and Planned Development, 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: 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. Site Plan/Plat: A site plan and building permit authorization is not being applied for as part of this application. However, preliminary evaluation by staff has been completed to provide direction for the future application if the subdivision is approved and to determine whether the new lot is viable. Originally, other applications under review by the City required that this plat be renamed to Apple Valley Square 7th Addition. However, those applications are still under review and the addition number may be altered to reflect the correct order. The total building coverage permitted by code in the "RB" retail business zone is 35%. The existing lot is 302,473 sq. ft. with a building footprint of 88,737 sq. ft. or 29% building coverage. The proposed lot is 22,609 sq. ft. with a 2,500 sq. ft. building or 11% building coverage. By reducing the existing lot size with the creation of the new lot the existing lot would become 279,864 and have a building coverage of 32%. The final plat shall dedicate 5' drainage and utility easements along the perimeter, which is consistent with other lot subdivisions within the city. Parking: The total parking required for the existing and proposed parcel is 388 stalls, which are being provided on site. The new lot shall obtain cross parking agreements with the existing lot for overflow parking. Staff has evaluated the parking requirement based on full use of the site, rather than the current uses in the event of an additional tenant, or redevelopment of the existing building in the future. Landscape Plan: The landscape plan identifies a variety of plantings in new landscape islands on the adjacent parcel. These landscape islands are required as a redevelopment of the existing parking lot to bring it into code compliance. The new parcel is required to install landscaping at 2.5% of the means cost of construction of the proposed building is associated with the site plan and building permit authorization. A new landscape plan has been submitted since the public hearing, but staff still has concerns that the site is not meeting landscape requirements. A preliminary and final plat review does not include conditions related to landscaping, which is addressed at the Site Plan and Building Permit Authorization. If the applicant submits an application for a Site Plan and Building Permit Authorization the site will be required to meet code requirements. However, in the past, the City has permitted developments to install improved exterior features such as stamped concrete, public art, and decorative murals to meet the landscaping requirements. Strategies such as these could be combined to achieve the 2.5% building cost code provision. Availability of Municipal Utilities: The City Engineer has reviewed the utility plans and his comments are contained in his attached memo. New utility lines are anticipated to be public as they will serve multiple lots and users. Final alignments may be altered at the time of construction. 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. A cross access/parking easement between this property and the lot to the south will provide additional access to the site. Pedestrian Access: A sidewalk connection from the proposed building to the Cedar Ave trail is proposed. The parking stall lost was gained by adding additional site parking to the existing site. Signs: All signage shall conform to the regulations set forth in Chapter 154 of the city code. BUDGET IMPACT: Park dedication would be required as part of the creation of this lot. Park Dedication will be deferred to the site plan and building permit authorization per the conditions on the preliminary plat. ATTACHMENTS: Area Map Area Map Zoning Map Plan Set Final Plat Easement Letter Applicant Letter Letter Memo Proposed New Lot .tt 4.44A A A 0 A 40.... , . „„, • A., t 412112 r. 0 Iv - wo - v wv- v v. t . vs. N ,* 4 153RD CT W ,. W W Q Q 11 CC as 0 0 WW O V WHITNEY DR Comprehensive Plan Designation Map rr t ISM r,�' a 'ENL'w�'-� Firi \-#741 kitsolm- Imatvratab, VFW", Lo.---....aommt PP( 7.17-421,1k4_ 1400 mlilic"ign OtAdrIeli &A- 111 f rapi,•�irM em Oi42k JILL! IL!rrML - V --��' z J U 0 z z w a RB 153RD ST W WHITNEY DR PD - LU w 'a 'a as U U —PD1244 c ii`F, CEJ; •• imFi-1 ��; y m, ,„I ��•r • sp", w'w-m-diiiiiPrIf -V% VIPS .nwkim swill.' f �ii ImamatINCIP -- Wim' w7 147 WlNq !4Rh 11 e, PRELIMINARY PLAT PROJECT INDEX 0 Q W w m w J 1- 1- 0 MANAGING OFFICE: cn 1- w z 0 i- az 2 0 cel- ww J N N -1-1 ,...0 JJ 0 ao Cn Cr Cr �www d' J J 00 ,;.-n as a¢ CI r ¢¢ Z w w J zLETI J I a+d ,tea, l J a ccc W cc 2w 2a 00 V 2a E LluII _,.1-1EDULE 3 LL EY_ 0 N (z "ON "U2J .01)) 311N3AV oOOOVE M„9 .-» 1 I 111111 iiia'r 1 I d al � � iy'i'i i i i a II 21VQ3: 3 ®® zG a o O o • X ■ ® 0 * L (0 'ON 'au '03) 3J20t, NaAV 21 -Vag,) II • •• 0,1 F L 00 06 NINON 0 7 '00010 HIi1�N IIMEM 1 TIINIHrs u 00 0116 III H1nos 0 0 k w 4,) o ct ex cc 0020 3W14 2 O ~ LIJ cc W 0 0 • V EROSION CONTROL LEGEND 3 o wF 4 E a y E a - , , _ z ® v 3 3 Po SITE PLAN 0 ei 0 PAVEMENT LEGEND PARKING DATA: ( 2& » ) l *Ag. \ ��\ »y&a } 4,3 MIA anew riArbil STORM DRAIN PIPE SCHEDULE LT STORM DRAIN SCHEDULE FE SANITARY SEWER PIPE SCHEDULE SANITARY SEWER STRUCTURE SCHEDULE SELF LL.NING PICK HOLES FEJ 0 Z'50N 81, GRADING PLAN 0 4 GRADING LEGEND z ® v 10-0 0 ZN 27S- PLANTING PLAN 0 CITY LANDSCAPE REQUIREMENTS EY. 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SCHADING Al wn licensed in Wisconsin January 4, 2019 U.S. MAIL and EMAIL GS Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 200 Coon Rapids Boulevard NW. Suite 400 Minneapolis, Minnesota 55433-5894 Wt\'w.b2S.COIT (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 Writer's Direct Line: (763)783-5156 E -Mail Address: aIhompsan@bgs.Co777 Alex Sharpe City of Apple Valley Community Development Department 7100 147th St. W. Apple Valley, MN 55124 asharpe@cityofapplevalley.org Re: Planning Commission Public 1 -fearing, January 16. 2019 (7:00 P.M.) Objection to Petition of TLM Realty Holdings, LLC — PCI$ -34 -SF Our Client: Regency Centers Corporation Our File: 66981-003 Dear Mr. Sharpe: WILLIAM I' HIJIkFNFR I31ZAI)I.1iY A KI.I:ISCIIFR 111()TI 1Y D. ERI3 KAREN K. KLRT1l \ORIl:l. 13. VII.LARREAI. 1 ANIMY J. SCI II:AQNIEL JENNIFER C. MORI-.\l DAVID R. SCIIAPS I(.)NIAS R. \\1.i1 /1.1.1. CAROI.1 C ISAkSON LINDSAY h I.ISL 1 VCl1 NICO1.1.: R W11..1401 1) TYLER W. F1JIiAN1\ ANDREW C'. 1'IIOMPSON ItOMAS M- CATIJRI.A OF COUNSEI. W. JAMES VOUI.. JR JAMES II. WILLS Barna, Guzy & Steffen, Ltd. ("BGS") represents Regency Centers Corporation ("Regency"). Regency, through CAR Apple Valley Square LLC. owns the property commonly known as the Apple Valley Square Shopping Center and legally described as Lots 1, 2, and 3 all in Block 1, Apple Valley Square 5111 Addition, Apple Valley, Minnesota. I am writing in regards to TLM Realty Holdings. LLC's ("TLM") petition for approval of'a preliminary and final plat to subdivide Lot 2, Block 1, Apple Valley Square 4th Addition, containing a Burlington Coat Factory and Aldi, to create an additional 21690 square foot subdivision. which would be platted as Lot 1, Block 1, Apple Valley Square 6th Addition. For your orientation. attached as Exhibit A is an aerial image of the Apple Valley Square Shopping Center site depicting Regency and TLM's property and the approximate location of TLM's proposed subdivision. This letter is Regency's formal objection to TLM's proposed subdivision. For clarity, Regency generally supports TLM's development of a small. 2,500 square foot retail building on TLM's parking lot, however, Regency's objection to TLM's plan, as currently proposed, is that the location of the subdivision and proposed building will create long-term parking issues for both TLM's and Regency's properties. It should be noted that Regency and TLM have easements over each other's properties for vehicular and pedestrian use as well as shared parking rights which have been in place since the original development. Existing and future tenants of both properties rely on the An EOEIAA Employer ability to cross -park for their customers' convenience. By allowing the subdivision and future building in its currently proposed location, Regency's rights will be materially impacted and Regency expects significant parking issues on its Property, especially once new tenants open in the former Rainbow Foods space (expected openings are in the summer to fall of 2019). The existing rights are granted under a Declaration effective as of October 1, 1982, and attached as Exhibit B ("Declaration") and a First Amendment to Declaration effective as of June 11, 1986, and attached as Exhibit C ("First Amendment"). If you reference the Declaration and First Amendment, please note that Regency owns the "Mall Parcel" and the "Future Development Parcel."' TLM owns the "K -Mart Parcel." It is the K -Mart Parcel that TLM is proposing to subdivide in its application. For the purpose of this letter, I will refer to the parcels as Regency's property and TLM's property. The Planning Commission should deny TLM's subdivision request because the proposed subdivision and site plan would materially impact access to cross parking and have a detrimental effect on the future tenants currently under construction on the Regency Property. The Planning Commission will read additional details on this material impact later in this letter. As mentioned earlier, Regency supports TLM's ability to develop a 2,500 square foot building in its parking lot, however, Regency would like TLM to craft a new plan that relocates the subdivision and future building to the south which would ease parking concerns as well as respect the Declaration. Access and Parking Easements Regency's main concern about TLM's proposed site plan is its impact to parking. The plan eliminates many parking spaces on the north side of TLM's Property and includes a concrete landscape island extending from the drive lane in front of the Burlington Coat Factory building to the western border of the proposed subdivision. in line with the common wall between the Burlington Coat Factory building and the old Rainbow Foods building. This concrete landscape island, in combination with the proposed building outlined below in red, will form a raised concrete barrier across the majority of the TLM parking field that will discourage cross parking and pedestrian maneuverability between the properties. The result of this barrier is that of the 600+ parking stalls on the eastern side of both the TLM Property and Regency Property only 28 parking stalls, or less than five percent (5%) of the total parking lot, would realistically be accessible to cross parking. Access to the 28 parking stalls could be even further reduced depending on how TLM eventually orients the building and the ultimate user for the space. For example, if TLM leases to a restaurant or other intensive use that requires significant parking spaces, the ability for patrons of the Regency Property to access the 28 spaces will be further reduced. At the time the Declaration was signed, the Future Development Parcel was undeveloped and the parcel continued west to Pennock Lane. The Future Development Parcel has since been developed and replatted to include less land. For consistency with the Declaration, we refer to Lot 1, Block 1, Apple Valley Square 5th Addition as the Future Development Parcel. 2 D Due to the timing of the holidays. Regency has not been able to have its engineers review TLM's proposal. However, in the absence of an engineer's review, it is clear that the TLM plan does not take into account the parking lot changes that have been made on the Regency Property as a part of its recent redevelopment (complete resurfacing of the parking lot and restriping to 90 degree stalls as shown on the attached Exhibit A). This is additional evidence that the TLM plan needs further review and study. The City should be particularly concerned for Regency's new gym tenant. Xperience Fitness, which will occupy approximately 39,000 square feet at the south end of the former Rainbow Foods building as soon as Fall 2019, which will rely on the ability to cross -park between the properties. In order to mitigate the cross parking issue, Regency proposes that TLM resubmit its project with the proposed subdivision and concrete landscape island relocated further south so that both properties have realistic cross parking access to at least one -and -a -half parking trees on the TLM Property. 011 short notice and without an engineer's review, Regency is unsure exactly how many feet south TLM's subdivision would have to be relocated, but estimates that it would have to be relocated at least fifty (50) feet south of its current location. Ideally. TLM would not resubmit its project until it could simultaneously submit for approval of site and building plans, because the eventual orientation of the proposed building and setbacks could substantially impact the number of parking stalls available for cross parking and the way traffic flow is directed in the parking lot. Sight Lines In addition to the material parking concerns. the current layout ofthe Apple Valley Square Shopping Center provides Cedar Avenue traffic with an unobstructed view of the TLM Property and the Regency Property. Please note that the property line between the two does not extend due east from the party wall between the buildings to Cedar Avenue. Rather, the property line makes a 40 foot jog north directly in front of Regency's building on the property. For your convenience, below is an image with the 40 foot property line jog north circled in blue. 3 .mma4 611111I11I1 VIII -__I- 111 _I_L.I.JJ_11I 1111 il�lI�_III II s$ n x,d sla The proposed location of TLM's future building, although in line with the party wall, will impact the visibility to the newly redeveloped Regency Property. Regency is now completing an investment in excess of $7 million to redevelop Apple Valley Square and particular attention was paid to the design aesthetic. signage, and visibility from Cedar Avenue. TLM's subdivision and subsequent development at the proposed location would obstruct the clear sight lines from Cedar Avenue to the Regency Property, and, as a result. would diminish the visibility and value of the Regency Property. Regency's concern over sight lines would also be mitigated by the above proposal to have TLM relocate its subdivision further to the south. Conclusion In conclusion. Regency supports TLM's proposal to add a building to its parking lot. However, as currently proposed. TLM's subdivision would materially impact cross parking between the properties and impact the visibility and appeal of the Regency Property from Cedar Avenue. Therefore, Regency asks that the Planning Commission recommend the denial of TLM's proposed subdivision of Lot 2, Block 1, Apple Valley Square 4th Addition, project number PCI8-34SF. TLM should resubmit its project after relocating its proposed building and landscape island at least fifty (50) feet south of where it is currently shown and adding back the complete parking tree in the area currently affected by the proposed building and landscape island. Regency is happy to work with TLM on studies and an eventual solution to the issues raised in this letter. In fact. Regency may seek to construct a building in its own parking field in the future and would adhere to the agreed upon commitment to limit parking impact between the properties. In light of both parties' recent investments in their respective properties, it is in both parties' and the City's best interest to ensure the parking lot at Apple Valley Square works for customers moving forward. Please pass this objection along to the Planning Commission to be included in the public commentary for project number PCI8-34SF at the January 16. 2019 public hearing. 4 Sincerely, BARNA, GUZY & STEFFEN, LTD. 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V :O -E - L2.3v�cuo.o.sa��^.as1)i..%" C., %..:: sco s � .0, �v ., u r. U O 000 - .. V V V V, -_,•=z 0 u o0F"',o,W ,u c rc., v .. -._ r.-.3: 4 r -f r. UC30•V .' Cr-... S Vhr 0 • yrt, a r -' 0. 1- 0. .r n Cu.r.j W ,�P.n LI a yn J e W '' � r a r 0 Lt i• 4la 0 - ..L. -- yun Y�y Y 0 O V 0 -- #R15.4O.....4'70. Og. .uy C 0. ".1 =c LH x -.C. . t V 0 0 C' • _ -• '- _ ,ry 0 _J 0 a,?�, Lm' 3. S 0 _ . r 0 0G 1 ? C a • soot] - WES2CC?.t n C L u C Z = , n i0co iCt gig IV1 ao:OT 86/ZO/01 612 332 0312 10:02/05 10:57 1.42 812 132 8102 RS157.hN 07 ccda rocuinvrsants fOC -arcing cpaae ratio teased upon the square Ecotago and p✓=king r.pac--r rC each. 9• cpy_vcti `.i'=tt::er1'C mach a.ner of the mall Parcel, tale O'at1Pt ftcea7�L-a. . r.ere Cev^lop.nn t P.rrc.el, ar,1 A Hart Cneporat ion. tit: ken,n t, _Cr th' Y•-M4L t. 'ir-,real, the rr upon. ltli 11 is tc,e t^.r • nett r.. tn,r-)n area neemonar-.ce ;"Cordran Area :'tint cr'rncc") C -.r L0el: espc.a.ivu P.tccnl•:- r-n,.n.n: Area ;iai ltc^ s Triol 1,71..1, tnr landscaping, !XLuc* . 1i.9PtiAq, atrlc:a7, 'cPny rel r., ani '•;a o er the Plc e.ta ec;rl.tnrl the Jeapr:_, 1 1 eta ca r..,. nir~or patching, .er.lin; , nd .e^ruc fact tt„• -.:n7 ta-iittles, it aay, patching, on _noir, respective 7aravla.I� tnc .cs per ib1: party deem-d<ara.lcclX 1lravide Its r?rtiired :cscn %-rca Y,cintcnan-^_, =c r' -car -st :z.! y repair the scrimp ficLlitie-„ it .:ny, located on t1'11r cr. ::a•_ -_Give . PJrce lar Declaant, open La., 4101 days wri1t.:r1 .rocky to the ear l_•0:1..hlc ^arty, ray provide such Common 7.rea Maintenance ne rt-oa1r of l.1.e parking Ceuilir_ies, and all eoctc incuc700, plus an +xoan' ei,e1 to ten percent 110k) a_ all enstn lncorred as e'. a'ca esexnnt to Dec La.: an Car o=e: 1.:,,1 a and oup•r!rvi$ion, nha1L Ee -d::s ar.d payable Immediately Croo the recpossible party to nh.1. giant. at tr--h t.i.:e en rhe Future a--.r1:lpmenC Parcel it Imtat,nzirtly. devtluped by tr.- .r, the ! r..,�r-cr, upon 1)11 Rayc. w'rittcr. .Jt 0'- 1.71 tI, -.or-_ct t11) :t:. ir' tive Pa8eel3r and t1 11 110rt ,:c1Cr47xa'.'tcn, may c_.C:17 tO ;he Cow -on Arca ka!ntcnanc.' Lor the Property. In tht evert u ouch 01rr:!-ion, DCClar an -_hall coo"9 to ee rievireel such a;4,0 Xaintennnct ine_,serially reaLumab10 manner. end , hall-a_l 717time to provide zh ,__,,.- ar 7a Hi _.mane^ cntti such tine „1 it no Danger 0e8lren to^t•revida such Cantron ,`,era Maintenance, In wbio1 case, tt 51...11 _n notify tn.:, ownnrs at the rl11 o ctive Parcels and 1C Hart Corr.,r,rr.i3On at lcn,1. thirty '311 ' 1.+apria2 to -er1inaci.- Lcc :: _. _ oner OL 4o_?'7- 17 l.:11l.:119'1 1 O1171[77^l 71 -nt Par' .1 .: n1:7 F Hart r:arpoc,tion an to the 171 ".a1. ...'1.c t1w reepOnai0llitY pr)vldlr,g C.:o.., 1.r, Are-,tenanr, ;ar t10ir 17177Ctive t'ertell. 11 :10 ❑eclerart elects Ca provide the .v, o alnr'n1,i,f, thev: t^,. _ e Cu ltcnn,l n::.l and the.1 rr[e Oe^71.L017.e1. ,, 41c: 71 771tion3 to th.. S-`1:7 7 Parcel, •�,::l: shall. . pr017?C Ilonnre;err, al chr r -r r:- neer 7101711., r ;. -. 113!1', ` 1.,,.1.11 ., 1771"71,_07 vaVh PacceL L -.art; « - p tot. 1. S-2: ,:a,. r,lr,.. �.ril 1, - ,.. :._ iatuele v vvriiinlthe nceper'r.j 'Goa reaapnat Common V Centel c supplier paliCini) re9Ylati cleanin5 coot of charge* togethat servleil liabLltr 1 ten pe:l { OeClerer direccl; parking reapaCt demand basis o reaarvt cE the o f D4c1 Crc-two la5) da atateme : atting prdpor! tore). 1 Eoc 1:777 Each Q: dale +I Gomori of any stateml 4. 1- tot: the 0 here i❑ pay au. part,. 10 at any Parcel lnclud ream shall convey 1 e^ von h:ee ;fai'1Cehonne Goat' hereby is defined t.' memo all reasonable coats and expenses directly relating non llml ted plo.La'_1S ., hs Common Ncea Maintenance, including, rental charges far egulpneht Lind Coat of Small tools and a19p1142; all costs o: ma Is, tenonce equipment; all coats of p)lleing, security protection, ttafrie direction., control_ and cagnlatLOn oe the varioJa parting t3ctlitt 21i.oSst J(ce; the and caa•oval of rubbish, dirt, debris. ono., cost of landscape ralntenanCe and cup?lies incident thereto; 411 chncgeY for utilities sr•r4iCes utilized In connection therewith, together with all Coats. of maintaining the lighting fixtures servicing the variaue parking Ldellities; .a11 prer..ien= Ear public liability and ptopecty damage insurance; and en annnnt equal Lo ton percent (let) of the total COstS as reimbursement to beolarant for overhead and supe rrisiOn• Excluded shall be costs directly attributable to patching. resealing and rcWorn ting any parking facilities. The proportionate share to be paid by the respective mastic- shall be paid to Declarant apvn demand, which demand shall se accompanied by n statement setting forth the bsulm of such payment dile fres ouch party. Iloveve:, Declarant r r..eaves the right to e5elnntn ..1101 party's proportionate share of She C07,,ca Area Maintenance Cant fur any current fiscal year of 'declarant. sad each petty shall pay Monthly to Declarant one -twelfth (1/11) Of rhe amount so estimated. Within Corry -five (ail days after receipt by Declarant of neelarar.t's annual acatcsent, Declarant shaii render a statement Ce each party setting forth the difference betwncn Such party's actual ;proportionate Share ne the Coleman ?area Maintenance Cost and the total amount of Declarant's estimate cf noeh proportionate share for the year, or portion thereof, collected Lacca such party. Each party 01.r11 pa,• any shortage to Dsclaeant .it1111 ken (101 days after delivery of :aid statement to such party by Daclarant. Correspondingly, Deciaeent Shall rctun0 eo each party the accent or any ocernayeent vy'_I.in ten SI41 days after delivery at said statement to reit party 0y Declarant. pit'\r. E57AT Te.YES. All seat estate nae and instalsnescs ortial assecumenta shall be paid, when aux_, by a •w Lhnnets nr tenants dr the respective Parcels, and nothing herein snail epetate er to construed to impose any obligations to pay such taros end Lnitatimrnts o; asne.smentn on any other petty. 14. mor-mmpc,ea. Netwlthata ndir.g an y law to the contrary, Lb at any time, including to time of thisDeclaration, two of more Parcels of the Property are owned by the sane person or entity including Declarant. the roclprOcal covcnant6, can menta and restrictions provided herein not -merle ar.e!or t.lrreicate but shall remain 1n Lull Farce and effect; and upan a .unsequent conveyance, trans ter or assignment of owner:hip of one or more Of the rarce contained by and an 11_ to all e% presenti-r ail cases 12, reCarved agreement benefit c auccestar auetenanL under the 13. of any pr invalid, ro ud iCa' the tart pr0vi sin 14, cover :ed neci year fit $FATE Ci Cof1N^. Y c :h it October Square on beha' Thin an STACKER DDD Fir MLnneop (612) i 11),02:9.3 10!58 FAX 612 412 4302 612 332 6302 MOAN nos 1 ic ky in re nh. nt 'Y ZE but ! Of the narcels., chs nanementn, cestrlutt04164 rights and obligations i7ontalnel hereinL1khe revived and stall be fully enZorcesble by arid against all .iii,eq,ent owness and parties in intermit. 11. Em16-riNG Ekiii=2-ti, Th13 Clarion Stall to subject to all ceislinq ta,nn-ntm, tostriCtians, rights end oblliations pre,enhl? ite i=czioorty, Inclndlnq, G,It not limited to, slL rArr7t.1,L, cu,trnt17 cnocting the MALI Patoel. 1::. e.A.-:EiKf. !O iNTES1r,T. The aanements herein ted. thr rostriccionn hereby inpr and the ' ae,rra.ontr. tad i.t.7,e7cants herein contalned shall inure to the 1,trutit nf ac l. t, bind!nq npon the Delarlat and its tespeetive sancesSc:s, .:v:.ni,os, 1,1[7.h.nuerZ, tLansferens, grantees, tenantSi .;qheensi:its And 1l7.enrees, and oli persons claiming bT, thzoogh of ander their.. as Cmlly ntorcable by and again,„t Declaconti. 13. INvAE=1-r:. If any part el' tt.L7, 1-,clareti0n or 411y pc,t of any mrovisLcn 1,2,,,7! -11411 t,,: u,.N.JOIcLeik,O. to bc Void or tnq A [ id , th,,„, ,:..,- ,,,,,knkrvi rt.1,1-.i.C7, 11CC!. %C,t SPMCf.i.cally mo ard,dIsats,7.1 7..(r t,. -valid :nail tn n:-.eoLit0-1 ,ithOdt LOtexesoe 10 the part oc per:1,n r, adjslin,cd,1..dch remaining ernvielons ar,r ,.,rar.rie, of er.iiti.ec. 14. ccvc7 :,,,,t, rii,‘ r.".,:isr,ticn Lhsll bre subject to and. governed T57-±: L. :If the lit,ryot lit.:incisota. . . zecisrans has executed this D,,,,isescton an of the date and year Cir ,rJositten. . . - . ;.prt,!...?vALL.F.y. F.QUA,6.tii '41393i-1:lc . ..-,. .,...' c;..frl-7: C`2.1.'iCrt ,,,":,- I/ 2.,''') .• - . /.;i%i%X'.-ii,:,-.- i ,--JVIII7a STATE 641. AINHESOTA) . ) el. COUNTY O At44.SPY inStiA=ACG WAS ock.7:,,L.-»'r 1...,ctr a, 1962, try ccaig 3. mini:a, ,Tien,al. LidFiff squar„! ii.lopplinj Center company, ij-neenl on beha1,: ,f the Partnership. /his document Wd, pcmpared by: STACKER. 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FRARCBIIS'+Z ASS'CCYATEN, INC. • i t - � TSJ•st'-'� `' -� THE I'IF•c ).i•'=1C'<a.L PANT of `;Til:IE'J.POL15 • rt<: Wit,,-(. _!_; TIIS Y.-StiorNTI1!L LIF`_' INsuRANCC CC;IPANY OF AMERICA r / By: L1?rr V.r,r ,�06.,./ 1tr: '4,140- {,qtr 1,I4O.ar Minneapolis hereby join s:ATE OF MIN::E.5c •35. Cour? OP The roregoiag in.:trnnar,t vac acknowledged beeore me. a ]tctory this_Say of 19E6 by C:aig J. Minora a Cenral Pd,tr.cr of 7:p,Nlc l rc' :- _a 5happidg Centee Company. a t1i : esOt: ' . •:cal pn_taer h_r OFFORm i, CASSFLC yj eriw+h,v,0 v�.tis-�*+ itt t1 -NINEPIN COUNT( / • )85. OCUN:Y OF C¢.,:±a_ ____1 Tit,-, ecru ,iur, instrumerQ Neac -+ i AOtnewlccaef- Fier 4o=dry Sabi"c C'.,L, y` daQ e. f iia l:2.1 1•'J t.:. , w_L.. �,.... T—� cS ror. _:tLstl As:. G.: l.]t.J,. =7'-!. "Ii RRaiPta ccrpor-r. [iotacy i S1 2 332 85R2 10/0249a 41;01 FAX 012 332 8302 RiENUN STATZ OF •••!.:Ls.E.S:.:T.. 1 CC...tar far fa:go:rainy P tallo his I j c gar...r.lac.ar-s •d" ingtt,s,t,trtt-••ya.: ncknr:..eleag.•!. auf.y.q.a.r,rtet • lay 'f • • 9Fii by P-07,..1k:x.-- 'tb iTFijtNaetnnal Bank ut Z•11 nnt spa 1 1-(5•.;et-14. fin% 4\ t •• g‹t .rt t•atary b1 c v.L", • 34.1210 ; 2TATeC II55CT ) COUNTY The fur,97c4n9 inotrurtrnT. t.srr.,:rt mc, P",:17'.1c, LILL: _11L-Xaay of /,•.: • c^..'((•:,.1, CC 7n, F617,TTLa, ,...st.ranat. cc:qt.:1,y a! nint•taaot-a L• • - / ' . . raft•Cf Nota -v F•Iblac ' • LL1T (/ TED BY: Ca...id E. Kirl---car,, Robins, Casson 1 Kaplan 400 2nd AvA. So, minnQsotm 554t2-3394 • • • 10/02/6)8 11:01 FAX 612 332 6302 512 132 8302 AMR.M&F T irk EXHIBIT A TiQR TO FIR ;^T AMENBMENT TO OECLARA ENTCUTCC BY APPLE VALLEY SQUARE EHOPOIMG CENTER COMPANY Legal desa_iptio.. of- the Mall Parcel Ostloi A, Apple Valley Square Ind Addition au3l 0aasot5. utlots B and O, Apple valley Square. tokata Cocnty, EX 612 332 8302 16/fl2, 11:01 FAS 612 3a2 440tKODON Oin • EYMIpIT" TO FitST AMLNOMSNT TC 77ECLAAATION tXZCUTEU BY APPLG VALLEY SQUARE 504OPPINC CENTER COMPANY Legal CeecYlption vS Llie K -Mart Parcel Lot 2, Block 1, Appl. valley Square tth Addition. Oi!'tuta County. Minnesota_ 612 332 8302 10'02,';6 11:01 FA1 e12 132 8002INKIMN EXHIBIT C TO F1RaT a? ENeMMt tT TO OLCLAR.ITIO:i C 1CIITED BY AFPLE VJLLE7 sODAEE $HOPP It4C CENTER COMPANY 6sg31 dacceiptien of the Outlot Parcel Lee 3, Block 1, apple Valley 3guare Ith addition, according tO the recorded pLat thereof, yakate Cors ty. Sinnesote. 612 332 8302 10.'02/A8 11:02 FAX 012 112 $302 WOW 020 GXHI5IT 0 TO MRST PNENLmat TO DECLARATION IXECOTLo 3Y APPLE VALLEY SQUARE SHOPPING CENTER COMPANY Legal dascrition of thr Future Development parcel Lots 4 and 5, Block 1, AppLa Malloy SgULie 4th A2ditIOD Dakota County, si,naesota 1O. /C8 11:02 FAI 1312 332 $302 612 3.32 8302 KMKNEN EXflTBIT C TO FIRST km:NOMENT TC DECLARA"T'ION EXECUTED BY AFFL6 VALLEY STI RF, 51:OFFI G CENTER CL1MP.ANY Legal delcr 1ptior, of the FtlLurc c_vcloprent 4arCel and [he Hall F3ccel as replotted as the Shopping Center Mortal Lnts 1, 2, and 3, Bleck 1, Apple Vsllcy Sqraarc 5th nddiliun, Oa Ot6 Ccunky, 6iirneoeta Y1 Marc Simpson 612.335.1504 DIRECT marc.simpson@stinson.com S `e M ; : N Li 0)fi'I/v L. January 10, 2019 Via Electronic Moil and U.S. Mail Alex Sharpe City of Apple Valley Community Development Department 7100 147th St. W. Apple Valley, MN 55124 asharpe©cityofapplevalley.org Re: Planning Commission Public Hearing, January 16, 2019, Petition of TLM Realty Holdings, LLC - PC18-34-SF Our Clients: Apple Valley Minnesota Realty, LLC and TLM Realty Holdings, LLC Dear Mr. Sharpe: We represent the above -referenced clients in connection with the Petition of TLM Realty Holdings, LLC - PC18-34-SF (the "Petition"). We acknowledge receipt of Regency Centers Corporation's objection to the Petition sent by the Barna, Guzy & Steffen law firm dated January 4, 2019. We are writing to urge the Planning Commission to approve the Petition on January 16, 2019, despite Regency's objection. My clients disagree with the assertions set forth in the objection letter that Regency will experience any access or parking issues as a result of the requested subdivision or that the visibility of the Apple Valley Shopping Center from Cedar Avenue will be impacted in any meaningful way by a small building that may be constructed on the subdivided parcel. More importantly, the objection raised by Regency raises issues arising out of a private agreement between the owners of the parcels making up Apple Valley Square. The City is not a party to this agreement. The City's sole role in deciding to approve the subdivision is whether the subdivision will comply with City ordinances. Since the subdivision complies with those ordinances, approval should be granted. If Regency somehow believes that my clients have violated the terms of the private agreement between the owners, that is a matter Regency should raise with my clients, not the City. Please let me know if you have any questions about this letter. We look forward to the Planning Commission's expected approval of the Petition on January 16, 2019. STINSON.COM 150159977.1 50 SOUTH SIXTH STREET, SUITE 2600 • MINNEAPOLIS, MN 55402 612.335.1500 MAIN • 612.335.1657 FAX Alex Sharpe January 10, 2019 Page 2 Sincerely, Stinson Leonard Street LLP Marc Simpson MDS:SDM 150159977.1 46)1......0.___ Dougherty Molenda Attorneys Solfest, Hills & Bauer P.A. MEMORANDUM To: Alex Sharpe, Apple Valley Planning From: Michael G. Dougherty, City Attorney Date: January 10, 2019 Re: TLM Realty Holdings' Preliminary Subdivision Application 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 Direct (962) 432-3136 Office (952) 432-3780 Fax MDougherty@dmshb.com Email In response to your inquiry, our office has received and reviewed the letter submitted by attorney, Andrew Thompson, on behalf of Regency Centers Corporation objecting to the application submitted by TLM Realty Holdings for a preliminary subdivision approval. Included with Mr. Thompson' s letter were Declarations, and an amendment thereto, which govern access and parking affecting the properties owned by Regency as well as the property owned by TLM. It is our opinion that while the Declarations may affect the individual rights and obligations of Regency and TLM, the Declarations do not bear upon whether the applicant has met the City Code provisions regulating subdivisions. There is a presumption that a city acted arbitrarily and capriciously if it were to deny an application that complies with city code requirements unless the city articulates a rational basis to deny the application in furtherance of health, safety, and welfare. Mr. Thompson's letter cites to two particular issues as a basis for Regency's objections: extension of a landscape island and sight lines. While the extension of a landscape island is reflected in the materials submitted by TLM, there is nothing to suggest that the extension of the island is a result of the application or that it could not be installed but for the subdivision. Mr. Thompson does not state that TLM could not independently extend the landscape island absent the city's approval of the subdivision. If TLM has authority to extend the landscape island, it may choose to do so with or without subdivision approval. As to the issue of sight line, while it may be true that the sight line from Cedar Avenue to Regency's tenant would improve if the proposed lot were shifted to the south, the City Code makes no provision for maintaining sight lines to facilities within the City as a precondition to subdivision. Mr. Thompson asserts in his letter that a building on the proposed lot would diminish the value of Regency's properties. However, absent tangible and credible evidence that the value of Regency's properties would be diminished due to the lack of a clear sight line, the record is void of any independent health, safety, or welfare impact related to the sight line. Mr. Thompson's assertion in his letter does not amount to such evidence. ••• vies* ••• CITY OF Apple Valley MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: January 10, 2019 SUBJECT: TLM — Burlington Pad Site. General 1. Provide a narrative and site plan showing how the site will be developed 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. 3. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 4. Provide a copy of the executed MPCA sanitary sewer extension 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. This plan is intended to be for the development of the proposed retail at Lot 1 Block 1, however, numerous improvements are shown on private property of Lot 2 Block 1 of Apple Valley Square 4th Addition: islands are shown as being constructed throughout the parking lot, the entire parking layout is being revised, and plantings are shown throughout the property. 8. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage and Erosion Control 9. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 10. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer is as shown shall be part of a public improvement project and shall be included in drainage and utility easement. Watermain 11. 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. 12. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 13. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 14. The original proposed planting plan indicated 22 trees outside the boundary of this parcel, with no plantings or details on landscaping available around the building. The revised planting plan provides 27 trees with 5 on the parcel and 22 on the surrounding parcel. The revised plan also includes some additional green space with perennials and shrubs around the building. a. The quantities of the shrubs and perennials could be more balanced or diversified. For example, 1 Blue Fescue is specified while 55 Feather Reed Grass are specified. Same comment for the shrubs. 15. Existing elms along Cedar Avenue shall be protected throughout construction. ... .... •••• ..• l App Valil ley ITEM: 5.A. PLANNING COMMISSION MEETING DATE: January 16, 2019 SECTION: Land Use /Action Items Description: Time Square Shopping Center- Portillo's - PC18-35-SCGFB Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: Interstate Development Corp. Project Number: PC18-35-SCGFB Applicant Date: 11/15/2018 60 Days: 1/14/2019 120 Days: 3/15/2019 ACTION REQUESTED: If the Planning Commission concurs, staff is recommending the following actions: 1. Recommend approval of a Conditional Use Permit for a drive-through lane in connection with a Class III restaurant on Lot 3, Block 1, Cedar Retail Addition subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated January 2, 2019. 2. All signage associated with the drive-through window service shall adhere to Section 154.04 (J)(1)(2)(3)(4)(5) by separate review and approval. 2. Recommend approval of a Site Plan and Building Permit authorization for a 8,300 sq. ft. Class III restaurant on Lot 3, Block 1, Cedar Retail Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated January 9, 2019. 2. Construction shall occur in conformance with the elevation plans date stamped October 15, 2018. 3. 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. 4. Construction shall occur in conformance with the landscape plan dated January 2, 2019; subject to minor revisions and 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. 5. A parking stall depth variance from 20' to 18' for the parking stalls noted in the staff report. 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. The infiltration basin and underground storm water infiltration system shall be constructed in conformance with the City standards and approval from the City Engineer. 8. 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. 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 the underground storm water infiltration system. 10. The sidewalk connection to Cedar Ave parallel to the drive entrance shall provide a minimum of a 2' clear zone between the edge of walk and the back of curb for safety concerns and snow storage in a boulevard area. The landscaping plan will be required to be adjusted accordingly. 11. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 12. The building shall be required to install a fire suppression system approved by the Fire Marshal. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. 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. 17. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. 3. Recommend approval of a Site Plan and Building Permit authorization for the retained 9,700 sq. ft. retail structure on Lot 2, Block 1, Cedar Retail Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated January 2, 2019. 2. Construction shall occur in conformance with the landscape plan dated January 2, 2019; 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. 3. a parking stall depth variance from 20' to 18' is sought for the overflow parking field adjacent to Portillo's. 4. a side setback variance from 15' to 7' for the retained existing structure on Lot 2, Block 1, Cedar Retail Addition, as reviewed at the public hearing. 5. 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. 6. Trash enclosures/storage at the rear of the structure shall comply with City Code. 7. The infiltration basin shall be constructed in conformance with City standards and approval by the City Engineer. 8. 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. 9. Additional trees shall be added surrounding the infiltration basin west of the existing building. 10 Landscaping in western most curb island shall be shifted within the landscape island to allow for a unobstructed view when vehicles are headed northbound. 11. An internal stop condition shall be installed on the western most curb island for traffic coming from the south to allow for east/west thru traffic. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. 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. 17. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. SUMMARY: Interstate Development Corporation, on behalf of Time Square Shopping Center II, LLC, the property owner are requesting approval of a Final Plat, Site Plan and Building Permit Authorization, and a Conditional Use Permit (CUP) to construct a 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 Portillo's, serves Italian beef, burgers, and other American fare. Portillo's traffic study has noted that a majority of customers utilize the drive-through, making this a principal part of business operations. 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. Parking Stall Depth Variance A variance has been requested by the applicant as part of the site plan/building permit authorization. The applicant, Interstate Development is seeking a parking stall depth variance for the center island stalls (see exhibit). Code requires that parking stalls be 20' deep, the applicant is seeking a variance to allow selected stalls to be 18' deep. Access and circulation recommended by the City Engineer constrained by the redevelopment lot dimensions causes this impact, and response. The Commission and staff encouraged the applicant to alter the prior site plan to align the drive-through lane with a parking aisle to reduce vehicular conflicts, and reduce stacking which could impact access to the site from Glenda Drive. The applicant has presented a solution which requires selected parking stall depths to be reduced from 20' to 18'. This creates a site plan that allows for better access to the site, moves vehicles off of public roadways more efficiently, and reduces conflicts within the parking lot. Staff has researched adjacent community's codes and found the following: Parking Stall Length Requirement City Stall Length Apple Valley 20 Rosemount 19 Burnsville 18 Eagan 19 Eden Praire 19 Edina 18 Lakeville 20 Minnetonka 18 Plymouth 18.5 Richfield 19 St. Louis Park 18 Shakopee 18 Savage 18 Woodbury 20* * Woodbury Portillo's site includes a number of 18' depth stalls. Additionally, staff researched vehicle lengths in the United States and found that while vehicles are getting longer, most models base bumper to bumper length is less than 18'. Model types that exceeded 18' were extra large SUV's such as the Suburban, and pickup trucks. The parking field includes a mix of 20' stalls, and stalls which overhang curb islands, allowing for larger vehicle parking. an alternative identified by staff is the removal of 8 parking stalls, which causes a need for a parking variance, and creates a parking lot configuration which is not as intuitive to users. A loss of 8 parking spaces on a retail center which by code is already under -parked is a considerable loss, particularly with the high parking demand Portillo's demonstrates. The actions recommended by staff include the parking stall depth variance as this is sought by the applicant, and the property owner. The practical difficulty for a parking stall depth variance is due to the restricted nature of this site forredevelopment. The site was originally developed in 1969 and the access and site layout are not consistent with current development patterns. The applicant is proposing to demolish the majority of the southern structure, and due to load bearing walls is unable to demolish any additional structure. With the increased parking demand on the center due to the redevelopment the applicant is seeking a stall depth variance rather than a required stall vanance. A public hearing for the conditional use permit for the drive-through lanes was held on December 19, 2018. The hearing was opened, comments taken, and the hearing was closed. The following is a synopsis of the comments received at the public hearing, followed by a staff response. A comment was received regarding traffic around the site, and at Cedar Ave/CSAH 42 and the potential increased traffic this use would generate. Staff response - The City Engineer has determined the following through the site and area traffic study. • The daily traffic expected to be generated by the development is approximately 2,500 daily trips, however 50% of these trips are vehicles already passing by the site on either Cedar Ave, or CSAH 42. • Both Cedar Ave, and CSAH 42 are currently under capacity, meaning they are able to accommodate additional traffic. • The proposed development is not expected to add more the 300 new trips to any roadway segment within the study. • No roadway segments are expected to increase overall daily volume by more than 1.5% A concern about pedestrian safety was raised and how pedestrians would access the site. Staff response - A pedestrian crosswalk connects the Portillo's site to Cedar Ave and the trail. This allows pedestrians to access Portillo's, and is an improvement for pedestrian access to the existing building remaining. The Commission noted a concern about the parking stalls immediately exiting the drive- through, and the potential for vehicular conflict with those exiting and vehicles backing out of these stalls. Staff response- A note was added to the site plan that the closest stalls to the drive- through are for pickup only, drive-through overflow, and staff parking. This allows the use of these stalls to be more temporary for quick pickups where the customer remains in the vehicle, or as long term parking for staff. Both of these outcomes reduces the potential conflict with vehicles exiting the drive-through. BACKGROUND: Replat of Existing Parcels: 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/agreements. A final plat diagram has been reviewed and if the project proceeds can be acted on by City Council in conjunction with other actions with this project. Vacation of Driveway Access Easement: The Planning Commission does not review vacations of publicly held land, but some details are being provided to allow the Commission to better understand the project. The City Council took action vacating the portion of the driveway access easement on December 27, 2018. 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 Retail Business, Regional Shopping Center, and Planned Development, 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: The site is zoned "RB" retail business, which conditionally allows a drive-through in connections with a Class III restaurant. The applicant is not proposing to rezone the property as the proposed use is permitted. Site Plan: The site plan proposes to retain the three existing lots, shifting the lot lines to reflect the new development. Lot 1 includes the northern portion of Time Square, and parking north of the center drive aisle. The facade of the north building is proposed to be updated, but is not being reviewed as part of this application. Large facade improvements such as those done by Target and the former Rainbow site have not required a site plan/building permit authorization from City Council and have been reviewed as part of the building permit. Lot 2 consists of around half of the existing Time Square southern building, including the Tide, and Salon Concepts. Approximately 9,700 sq. ft. of the existing southern Time Square building will remain to the west, while nearly 14,500 sq. ft of the eastern portion of the structure will be demolished. This area formerly housed TCF Bank and other tenants, but has been mostly vacant. Lot 3 includes the former TCF Bank, and some of the vacant space in the southern building. As stated, this area is proposed to be demolished. A new 8,300 sq. ft. Class III restaurant will be constructed for Portillo's on the eastern portion of lot 3 adjacent to Glenda Drive. A condition of the site plan and building permit authorization will be that the final plat be filed prior to issuance of a building permit. Additionally, some sheets included updated plan sets, while others, such as the landscape plan include minor details that were corrected. Prior to review at City Council all plan sheets shall be updated. Site Access: The site is proposing to retain access from Glenda Drive, and Granada Ave. The new lot configuration will allow all of the lots to have public road access, but a cross access agreement or easement will be required that allows access for all parcels in the event of a land sale in the future. A sidewalk connection to Cedar Ave was added to the site plan allowing the site to connect with the trail. However, a condition has been added shifting this sidewalk at least 2' to the south to provide a pedestrian clear zone between the back of curb and the sidewalk. This creates a more desirable and safer pedestrian experience. Additional study of the landscape islands requested has resulted in the new configuration shown on the site plan. The changes allow traffic to enter the drive-through via a more direct route, reducing potential conflicts. This was achieved by reducing the parking stall depth of the center drive isles from 20' to 18'. Conditional Use Permit: A conditional use permit (CUP) is required to allow a drive-through when in conjunction with a Class III Neighborhood Restaurant. The drive-through proposed allows for stacking of approximately 30 vehicles and is dual lane. Recently approved sites have required an escape lane in the drive-through, however, Portillo's is proposing a dual drive-through that will function as the escape lane. City Code requires that the following provisions be met for the City to approve the CUP. (1) The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses. (2) The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Engineer. (3). When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. The site is in the center of the Apple Valley downtown, and is well suited for the drive- through use. It will not impact residential uses as they are more than 1,000 feet from the site. The City Engineer has evaluated the drive-through and provided conditions and recommendations which will mitigate potential impacts to vehicular, bicycle, and pedestrian traffic circulation. Utilities: The City Engineer's memo is attached to this report which provides greater detail on utility requirements. A public project is anticipated with the extension of water service from Glenda Drive. Final alignment of the sewer line is proposed to extend eastward to Glenda Drive, and then south to connect with the existing line. This bypasses a private line that the City does not wish to acquire as it was not constructed to City standards, and is not maintained to City requirements. Stormwater: Stormwater for the site is proposed to be managed through an underground vault on the Portillo's lot and an above ground storm drainage feature on the existing building's lot. The City currently holds a maintenance agreement with Time Square for the rain garden and the green space west of the southern building. Each lot will be required to provide a maintenance agreement that amends the current agreement. The City Engineer's memo attached to this report provides additional details and conditions on the site stormwater treatment. Variances: Due to existing lot line configurations a side setback variance is required. On the existing southern Time Square building a lot line currently transects the structure. Part of the building is being demolished, which improves the setback to the lot line, but the structure remaining will not meet the 15' setback required. As this is an improvement to the overall site conditions, staff is supportive of a setback variance. The parking stall depth variance has been previously detailed in this report. P arking: The total site requires 516 parking spaces, but the existing site only includes 344. This is likely due to the era in which this center was originally built having less parking demand. The proposed site plan allows for the increase to 402 spaces by placing storm water facilities in underground vaults, rather than adjacent to the Tide Cleaning service. As this is an improvement to an existing condition, the City Attorney did not recommend a variance. The condition that there is a declaration of cross parking agreements and easements between all of the parcels will be a condition of approval. Landscaping: The applicant is required to provide 2.5% of the total building cost of construction as landscaping on Lot 3, as it is proposed to be new construction. The applicant shall be required to submit a bid list of all plants to ensure they have the ability to meet this requirement. At this time, additional landscaping may be required. Additional details on the species and configuration of the rain garden shall be provided, including native plantings. City staff has commented that the choice to utilize plantings rather than seeding the rain garden is a best management practice to be commended. Staff is recommending greater diversity of tree species on site as 15 of the 28 trees proposed are of a single species. Tree replacement on the site is likely required as many of the existing trees are Ash and likely infected with Emerald Ash Borer. Building Elevations: The Portillo's building will have a variety of materials, and visual breaks. Primary materials include Brick, precast concrete with alternating color palates, stainless steel, and aluminum. The elevations also include several decorative aluminum panel features. The facade will be consistent with code and surrounding commercial uses. As stated previously, the facade of the Time Square center's north building will also be improved but is not being reviewed with this project. Similarly to the facade improvements that have occurred at Target, Regency Center, the City is reviewing these improvements as part of the building permit. However, to clarify what the center's appearance will look like when constructed, staff is seeking elevations for the entire north structure, including the rear or north elevation. Primary materials being proposed are Nichiha Illumination Panels, Nichiha Vintage Wood Panels, and Waypost stone. The Nichiha product is a fiber cement board similar to other products such as Hardy plank, but comes in a full commercial line. As the footprint of the southern building is being changed due to the demolition, the City is reviewing the building elevations for the retained portion of the southern structure. Elevations for both the north and south structures have been submitted which demonstrate a number of facade improvements. The south structure's HVAC rooftop units are currently viable from on, and off the site. If this were a new structure, code would require that these units have full screening, primarily via a parapet wall. As this is an existing condition, these units are proposed to be screened with a visual break, rather than the parapet wall. Staff will evaluate the materials, and the locations of the screening at the time of building permit to ensure it meets code requirements. Elevations on the southern building were improved, but still do no include the stone elements included on the north structure. Staff continues to encourage installation of stone elements on the southern structure to improve the relationship of the structures together. Signs: No sign approvals are given as part of the site plan and building permit authorization. The site plan was amended to remove the second menu board, thus bringing this portion of the sign plan into code conformance. Additional sign permit review will be required. A separate sign permit must be obtained prior to the installation of any signs on the site. BUDGET IMPACT: The property was originally developed in the 1960/70's and paid park dedication at that time. ATTACHMENTS: Area Map Zoning Map Area Map Memo Plan Set Elevations Elevations Memo Memo Exhibit Final Plat z BIZ Rg a 4 0 1 0Ks]:I • RB 149TH ST W Ni )i3ONN : -1 z w J FRONTAGE RD :d 4 BM f_V/ w ,rli_f'A14:7_1 150TH ST W moaarku 150TH ST W Comprehensive Plan Designation Map CITY OF Apple 'Valley MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: December 13, 2018 SUBJECT: Times Square — Portillo's General 1. Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 2. A Public Improvement project is anticipated with this project for the extension of public utilities (sanitary sewer and water main) within Glenda Avenue. 3. Infiltration Maintenance agreements will be required for storm water improvements as part of each lot and block. 4. See attached Memo from SRF regarding the review of Traffic Impact Study as submitted by Kimley-Horn dated November 6, 2018. Permits 5. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 6. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 7. A right-of-way permit from the City of Apple Valley is required for work within the Granada Avenue and Glenda Drive right-of-way. 8. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 9. Provide a copy of any other required permits. Lot 1 Site 10. Additional pavement removal should be shown for the island modification south of building and storm sewer construction north of building. 11. Provide the shared parking agreement between Lots 1, 2, and 3. 12. The drive aisles within the parking lots north and south of the shared center access drive are slightly skewed from each other, if possible it is recommended to align these drive aisles directly across from one another. 13. The main access to the drive-thru should be aligned better with drive aisles and improve internal circulation. 14. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 Site 15. Additional pavement removal should be shown for the storm sewer extension from Granada Avenue. 16. Show additional dimensions on the site plan indicating sidewalk and pedestrian access route widths and drive lane width (far west side adjacent to Mc Donald's). 17. Provide the shared parking agreement between Lots 1, 2, and 3. 18. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for emergency vehicles, especially behind existing building to remain. 19. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for typical delivery vehicles, especially behind existing building to remain. 20. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Site 21. Show additional dimensions on the site plan indicating sidewalk and pedestrian access route widths. 22. Provide the shared parking agreement between Lots 1, 2, and 3. 23. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for emergency vehicles. 24. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for typical delivery vehicles. 25. Sidewalk connection (and ADA ramps) to Cedar Avenue/Glenda Avenue should be provided along the south side of the RIRO entrance off Cedar Avenue. 26. Additional signage should be provided to direct drive-thru traffic to drive-thru lane directly. 27. Provide existing, 2019 build and 2030 build conditions for critical Mid-day and PM average, 95th percentile and max queue lengths for both eastbound and westbound traffic at center Private Street (149th) and Glenda. For the westbound (left turn), it should be measured from primary access into Portillo's. 28. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Grading, Drainage and Erosion Control 29. Provide overall site composite Curve Number (CN) on the plans. 30. Provide the existing and proposed pervious and impervious areas and percentages on the plans. 31. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 Grading, Drainage and Erosion Control 32. Provide overall site composite Curve Number (CN) on the plans. 33. Provide the existing and proposed pervious and impervious areas and percentages on the plans. 34. Drainage should be contained within the lot and drainage easement. Drainage should not cross the lot line outside of a drainage easement. This is not the case around the low point of structure STR-29 and on the east side of the building of Lot 2. Modify grading such that drainage does not trespass from one lot onto another. The parking lot grading should also be modified to reflect a "ridge" to prevent drainage from crossing the lot line. 35. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation and 3' minimum above 100 -year high water level. 36. Provide soil borings and geotechnical report for the proposed infiltration basins. 37. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Grading, Drainage and Erosion Control 38. Provide overall site composite Curve Number (CN) on the plans. 39. Provide the existing and proposed pervious and impervious areas and percentages on the plans. 40. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation and 3' minimum above 100 -year high water level. 41. The required volume chosen by the consultant reflects our 0.5" standard. However, policy 5.4 from the 2007 SWMP stated the following: a. New and re -development activity creating over 0.2 acres of new impervious surface shall be required to achieve no -net -increase in average annual runoff volume compared to the 1990 non -degradation baseline loading condition. Within the Vermillion River Watershed JPO boundaries, new development and re- development activities creating over one acre of new impervious area will be required to keep runoff volume for the 2 -year 24-hour storm at or under the runoff volume for the pre -development condition, or meet the above criteria, whichever is more restrictive. b. And policy 6.5 of the 2018 SWMP states the following: i. New and redevelopment activity of 0.2 acres or more shall be required to achieve no -net increase in average annual runoff volume compared to the pre -development condition; linear projects that do not increase the amount of impervious surface are exempt from this policy. c. The water quality volume selected by the applicant may be incorrect. Show no - net -increase in volume in addition to meeting the 0.5" requirement. Please note, City Code 152.55 (A) states the following: Conformance with operational plans. All construction, land -disturbing activity, and new development shall comply with any applicable operational plan. The SWMP is an operational plan per 152.02. 42. Plans shall indicate that the infiltration BMPs will be protected from compaction and sedimentation during construction, and that where feasible, will be constructed last. 43. No Utilities are allowed within Infiltration Basin areas. 44. It is unclear what the nature of the inlet(s) to the SE raingarden is/are. There also appears to be a pipe leading from the building to the raingarden that does not connect to the building or a catch basin. Basin appears to lack required pretreatment to protect the basin from sedimentation and erosive flows. Please note, the City recommends against the use of riprap as pretreatment as it is very difficult to clean; riprap must be removed completely and replaced. Consider a rain turret or equivalent structure for pretreatment. 45. Information is lacking on the underground infiltration chambers. Unable to comment on adequacy of pretreatment and other details. 46. Provide erosion and sediment control details. 47. Provide soil borings and geotechnical report for the proposed infiltration basins. 48. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Sanitary Sewer 49. Existing private sanitary sewer line between existing north buildings (14800, 7600, 7570 and 7525) should be clearly indicated on C502. Lot 2 & 3 Sanitary Sewer 50. The existing sanitary sewer that is shown as being connected to is privately owned. This existing sanitary sewer is a "high maintenance" line as indicated by Public Works due to existing services from restaurants. An agreement between the property owners will need to be provided prior to the sanitary sewer connection. Should sanitary sewer be dedicated to the City of Apple Valley due to multiple lots being connected to a single lateral, the sanitary sewer should be televised with reports being provided to City of Apple Valley for review. The sanitary would either need to be lined with CIPP or new PVC provided. Sanitary sewer would need to be dedicated in a drainage and utility easement for access by City of Apple Valley to maintain. 51. If connection to existing sanitary and dedication of easement is not feasible then a new sanitary sewer line would need to be run from proposed manhole between proposed lots 2 & 3 and extended into Glenda Avenue to connect to existing public sanitary sewer south of Raising Cane's. 52. The proposed sanitary sewer is trespassing onto private property. An agreement between the property owners will need to be provided prior to the sanitary sewer construction. 53. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Water main 54. Final Glenda Avenue watermain design and construction plans shall be done by the City of Apple Valley. 55. Existing 8" Water main behind building 7525 should be indicated on C502. 56. Applicant should indicate if existing 8" CIP north of existing buildings in lot 1 should be dedicated to City of Apple Valley and be included in a drainage and utility easement. Extension of Glenda Avenue water creates a loop to Granada Avenue. Lot 2 Watermain 57. Final Glenda Avenue watermain design and construction plans shall be done by the City of Apple Valley. 58. The proposed watermain is trespassing onto private property. An agreement between the property owners will need to be provided prior to the watermain construction. 59. Provide a drawing showing hydrant coverage for the site. Commercial zones require 450' radius for coverage. 60. 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. 61. 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. 62. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Watermain 63. Final Glenda Avenue watermain design and construction plans shall be done by the City of Apple Valley. 64. Provide a drawing showing hydrant coverage for the site. Commercial zones require 450' radius for coverage. 65. 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. 66. 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. 67. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Storm Sewer 68. Catch basin being constructed over existing to be constructed per City of Apple Valley standard detail plate STO-5. 69. Additional horizontal separation from the existing sanitary sewer is required to prevent maintenance issues in the future. 70. Drainage adjacent to Granada from private alley is not shown to be addressed by proposed storm water design. Additional structure constructed over existing 24" RCP is recommended in lieu of "angled" connection as shown. 71. Specify roof drain connection invert elevation on grading plan notes. 72. Provide storm water calculations for review and approval by the City Engineer. 73. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Lot 2 Storm Sewer 74. Show the orientation and layout of the underground chambers on the plan. 75. The rim elevation of structure STR-35 appears to be incorrect on sheet C501 based on the proposed grading contours. 76. Specify roof drain connection invert elevation on grading plan notes. 77. The proposed storm sewer is trespassing onto private property. An agreement between the property owners will need to be provided prior to the storm sewer construction. 78. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. 79. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Storm Sewer 80. Show the orientation and layout of the underground chambers on the plan. 81. Specify roof drain connection invert elevation on grading plan notes. 82. Provide more detail on bio -infiltration basin. Basin appears to be collecting water from curb curbs in drive-thru only. 6" riser outlet specified on note on sheet C501, but not depicted on plans. 83. Proposed sign adjacent to Glenda is over proposed storm sewer. Relocation of storm or signage is necessary. 84. Bottom of infiltration basin is lower than proposed 100 -year elevation of underground stormtech. Provide hydraulic calculations to ensure infiltration basin will not back up during larger events. 85. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. 86. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 87. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 88. We commend the choice to utilize plants opposed to a seeding in the raingarden. This should allow for quicker establishment and for the BMP to go on line quicker. 89. Recommend against the use of a spaded edge for the raingarden; a contractor grade plastic, metal, or paver edge is preferred. This will aid in preventing grass creep into the garden. 90. The raingarden lacks planting and materials details. Area of the garden, plant species, mulch, and engineered soil media shall be specified. Installation methods and plant establishment methods shall be specified. Recommend following the standards of the Minnesota Storm water Manual and Dakota County LID Standards http : //www. dakotaswc d. org/pdfs/Dakota%2O LID %20 Standards %20Revi s ed%2002-09- 12.pdf. 91. 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. 92. Recommend against the use of Miscanthus in plantings. Some species of Miscanthus are listed as invasive or noxious in certain regions of the United States. Recommend substituting with a native alternative (e.g. Big Bluestem, Indian Grass, and Switchgrass). 93. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements should be clearly identified on landscape plan. 94. The Landscape Plan proposes 28 new trees, 15 are lindens. It is recommended to diversify the plantings to follow the 30-20-10 rule. (The rule suggests an urban tree population should include no more than 10% of any one species, 20% of any one genus, or 30% of any family.) Tree replacements in the existing parking islands are an improvement, currently there are several ash trees likely infested with EAB. To: From: Date: Subject: Review Summary SIF No. 12337.00 Brandon Anderson, PE, City Engineer City of Apple Valley Tom Sachi, PE, Senior Engineer Matthew Pacyna, PE, Principal December 14, 2018 Review of Redevelopment Site — Cedar Avenue at 149th Street Traffic Impact Study Apple Valley, MN Introduction As requested, SRF has completed a review of the Redevelopment Site — Cedar Avenue at 149th Street Traffic Impact Study document, dated November 6, 2018 completed by Kimley-Horn and Associates, Inc. The proposed development is located in the southwest quadrant of the Cedar Avenue/149th Street intersection in the City of Apple Valley. Review of the traffic impact study identified the following questions and comments for consideration. Review Summary Based on our review, the following items were identified. Underlined text indicates potential study modification considerations. 1. Site Trip Generation — The trip generation and pass -by trip reduction estimate approach using the Institute of Transportation Engineers Trip Generation Manual, 10th Edition is reasonable for the midday and p.m. peak hours, based on the previous study completed. The rounding of the trips allows for a conservative estimate of the trip generation. 2. Trip Distribution and Assignment — The directional distribution is reasonable. However, the routing of development related traffic shown in Exhibit 4 is inadequate. Currently, no vehicles exiting the site are shown proceeding east on 149th Street and turning left to travel north on Glenda Drive to access 147th Street. It would be reasonable to assume that a portion of vehicles destined north on Cedar Avenue or east on 147th Street may use Glenda Drive. Further review of queuing and operations at the 147th Street/Glenda Drive intersection should be completed to determine if there is expected to be any impacts due to this routing. 3. Intersection Capacity Analysis a. The analysis approach and existing condition results are reasonable. b. While not noted specifically in the document, the build out and horizon background analysis assumed a background growth rate of one-half (0.5) percent, which is consistent with historical trends within the area and the Dakota County 20 -year growth project factor (typical growth is between 0.5 and 1.5 percent growth per year). Therefore, the no -build analysis provides an accurate assessment. The growth rates should be noted within the Build -Out Background Analysis section. ONE CARLSON PARKWAY, SUITE 150 MINNEAPOLIS, MN 55447 763.475.0010 I WWW.SRFCONSULTING.COM Brandon Anderson, PE, City of Apple Valley December 14, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 2 c. Under the Year 2019 Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, Granada Avenue and 147th Street, and CSAH 42 and Granada Avenue intersections improves when compared to the existing conditions. These improvements, while minor, are counter intuitive with the volume increase expected as a result of the assumed background growth. d. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, improves when compared to the Year 2019 Background conditions. This improvement, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. e. Under the Year 2019 Build Capacity Analysis, the overall delay during the p.m. peak hour at the CSAH 42 and Pennock Avenue intersection improves when compared to both the existing and Year 2019 Background conditions. This improvement is counter intuitive with the volume increase expected as a result of the assumed background growth and development trips. f. It should be noted that the decrease in delay shown at the CSAH 42 and Granada Avenue intersection is expected as additional right -turning vehicles are added to the intersection; these right -turning vehicles are expected to experience minimal delay. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the p.m. peak hour at the Glenda Drive/149th Street and Glenda Drive/147th Street intersections improves when compared to the Year 2019 Background conditions. These improvements, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. h. Further explanation should be provided for why there is a significant increase in delay at the Glenda Drive and 147th Street intersection between Year 2030 Horizon Background and Build conditions, as well as justification for other improvements noted within this section. g. 4. Queuing Analysis a. Existing and background queues are not noted within the 149th Street Queue Summary table. This could provide a comparison to baseline conditions. b. Given the expected blockage of the eastern driveway during the p.m. peak hour, "Do Not Block Intersection" signing should be installed at each driveway entrance. c. The queuing along Glenda Drive at 147th Street should be reviewed given the expected degradation in operations under Year 2030 Horizon Build Conditions and the recommended re-routing of trips to Glenda Drive. 5. Conclusions and Recommendations — A review of the trip assignment routing should be completed to include a portion of exiting vehicles utilizing Glenda Drive north of 149th Street. Additionally, a review of the intersection capacity analysis should be completed to determine why counter -intuitive changes in delay are occurring if signal timing was assumed to remain the same. Lastly, further explanation should be included as to why the intersection operations during the p.m. peak hour at the Glenda Drive and 147th Street intersection degrade significantly under year 2030 Horizon Build conditions. It should be noted that this degradation is not expected under Year 2019 Build Conditions. Brandon Anderson, PE, City of Apple Valley December 14, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 3 6. CSAR 42 and Granada Avenue Westbound Right -Turn Lane — Although not included within the traffic study, the County is exploring the possibility of constructing a westbound right -turn lane from CSAH 42 to Granada Avenue. Given the proximity of the Granada Avenue and Glenda Avenue intersection to the location of the proposed turn lane, this intersection would ideally be closed east of Granada Avenue. Glenda Avenue would then be realigned to the internal drive lane immediately west of O'Reilly Auto Parts connecting to 149th Street. This re-routing would cause additional circulation along Glenda Avenue and Granada Avenue. Additionally, the McDonalds parking lot may become a "cut -through" option for motorists on Granada Avenue looking to access Glenda Avenue. Further discussion regarding McDonald's access driveways would be necessary prior to construction of the westbound right -turn lane. 7. Other Considerations — The proposed site -plan appears to provide adequate storage for the drive-thru queue. Given that 149th Street is a private roadway, the occasional eastbound queues along 149th Street that extend beyond the eastern site access during the p.m. peak hour are not expected to be an issue. The recommended "Do Not Block Intersection" signs are appropriate and should help mitigate internal queuing. The proposed layout also provides adequate circulation throughout the site, however, it was observed that the drive aisles within the parking lots north and south of 149th Street are slightly skewed from each other. If possible, it is recommended to align these drive aisles directly across from each other. Se 3,0 SNOISAVil -1,111,11X5 ALID SHVI of �ssk is Na¢3L640-1034V9 `15.3,13nv uixmc ossc DNA V3,130SSV ONVNVOSVal NV 840S UJOH (<<l(alw!N -13H A8 NAY. 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Illuminated Monument - ALUMINUM CAP AND SILL, SW6148 WOOL SKEIN PAINTED FINISH. SIGN ILLUMINATED USING WHITE LED MODULES. * DIRECT BURY POLE. January 8, 2019 11 =MMM =MMM : fJ 0 =MMM =MMM : ••• vies* ••• CITY OF Apple Valley MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: January 10, 2019 SUBJECT: Times Square — Portillo's General 1. Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 2. A Public Improvement project is anticipated with this project for the extension of public utilities (sanitary sewer and water main) within Glenda Avenue. 3. Infiltration Maintenance agreements will be required for storm water improvements as part of each lot and block. Traffic 4. Public Roadway System Impacts — The daily traffic expected to be generated by the proposed development is expected to be approximately 2,500 daily trips. Of these 2,500 daily trips, it is assumed that 50 percent of them are already traveling along the public roadway system (i.e. pass -by trips). These pass -by trips were assumed to be traveling along CSAH 42 and Cedar Avenue (CSAH 23). a. The following items are noted: i. Both Cedar Avenue (CSAH 23) north of 147th Street and CSAH 42 west of Cedar Avenue are nearing a V/C of 0.85 but still under capacity. ii. The segment of CSAH 42 east of Cedar Avenue (CSAH 23) has a V/C ratio of 0.92 indicating that this segment of roadway is nearing its capacity. It should be noted that this segment would be nearing capacity regardless of the proposed development. iii. The proposed development is not expected to add more than 300 new trips to any roadway segment within the study area after pass -by reductions are applied. iv. No roadway segments are expected to increase overall daily volume by more than one and a half (1.5) percent. 5. See attached Memo from SRF regarding the review of Traffic Impact Study as submitted by Kimley-Horn dated November 6, 2018. 6. Additional Traffic Impact Study as submitted by Kimley-Horn dated 1/10/19 shall be reviewed and subject to approval by City Engineer. Permits 7. 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. 8. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 9. A right-of-way permit from the City of Apple Valley is required for work within the Granada Avenue and Glenda Drive right-of-way. 10. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 11. Provide a copy of any other required permits. Lot 1 & 2 Site Plan 12. Additional pavement removal should be shown for the storm sewer extension from Granada Avenue. 13. Please ensure that cars can back out of the two corner stalls in the SE corner of Lot 1. 14. For the curb island change on the far west side of Lot 2 — it is recommended that an internal stop condition coming from the south to allow for the thru traffic east/west to maintain ROW rules. This is an odd angle to see vehicles approaching and would benefit from a stop condition and signage and/or striping. Please revise the landscape plan to have a clear line of site at this curb island. 15. Provide additional details for the existing door locations and elevations and mechanical equipment behind existing 9,700 SF building. The proposed 8.0' concrete sidewalk in the rear of building will need to accommodate door locations and existing stairs. 16. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Site Plan 17. Additional signage should be provided to direct drive-thru traffic to drive-thru lane directly. 18. The sidewalk alignment as shown on the south side of "149th" at Glenda should be relocated to provide a 2' min. "clear zone" between the edge of walk and back of curb for safety concerns and some available snow storage in a boulevard area. Adjustments to the proposed landscaping plan will be required with this change. 19. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Grading, Drainage and Erosion Control 20. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 & 3 Grading, Drainage and Erosion Control 21. Provide overall site composite Curve Number (CN) on the plans for each lot. 22. Provide the existing and proposed pervious and impervious areas and percentages on the plans for each lot. 23. Drainage should be contained within the lot and drainage easement. Drainage should not cross the lot line outside of a drainage easement. This is not the case around the low point of structure STR-29 and on the east side of the building of Lot 2. Modify grading such that drainage does not trespass from one lot onto another. The parking lot grading should also be modified to reflect a "ridge" to prevent drainage from crossing the lot line. 24. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation and 3' minimum above 100 -year high water level. 25. Provide soil borings and geotechnical report for the proposed infiltration basins. 26. Plans shall indicate that the infiltration BMPs will be protected from compaction and sedimentation during construction, and that where feasible, will be constructed last. 27. Provide erosion and sediment control details. 28. Grading shall be modified behind the existing 9,700 SF building. Drainage swale as shown will not be allowed. An additional catch basin could be provided to prevent surface drainage from crossing drive thru lane from Tide. 2% min slope is required in grassed areas. 29. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 & 3 Sanitary Sewer 30. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer and Water main construction shall be per City of Apple Valley standards. 31. Existing Sanitary Manhole adjacent to SSWR-103 shall NOT be abandoned in place. This structure is necessary for cleaning of existing line to the south. Lot 1 Water main 32. Final Glenda Avenue watermain design and construction plans shall be done by the City of Apple Valley. 33. Applicant should indicate if existing 8" CIP north of existing buildings in lot 1 should be dedicated to City of Apple Valley and be included in a drainage and utility easement. 34. See attached water distribution modeling exhibits for the proposed water main service to the site which includes existing and proposed modeled pressure and flow data. Lot 2 & 3 Water main 35. Drainage and Utility Easement will be required over all public infrastructure. 36. Final Glenda Avenue water main design and construction plans shall be done by the City of Apple Valley. Boring of water main may be considered north of Portillo's service connections within Glenda Avenue to avoid closure of primary access to center. 37. 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. 38. 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. 39. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Lots 1, 2 & 3 Storm Sewer 40. Specify roof drain connection invert elevation on grading plan notes. 41. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 42. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 43. The raingarden lacks planting and materials details. Area of the garden, plant species, mulch, and engineered soil media shall be specified. Installation methods and plant establishment methods shall be specified. Recommend following the standards of the Minnesota Storm water Manual and Dakota County LID Standards http://www. dakotaswcd. org/pdfs/Dakota%2OLID%20Standards%20Revised%2002-09- 12.pdf. 44. The original Landscape Plan proposed 28 new trees, and 15 were lindens. It was recommended to diversify the plantings to follow the 30-20-10 rule. (The rule suggests an urban tree population should include no more than 10% of any one species, 20% of any one genus, or 30% of any family.) The proposed revised plan reflects this recommendation and contains 5 new additional tree varieties. The quantities of each proposed follow the 30-20-10 rule. a. A total of 29 trees are being removed for the site improvements; approximately 18 of the 29 are ash trees in poor condition and highly susceptible to Emerald Ash Borer. The new diversified plantings will be a huge improvement to withstand future pests or diseases. c co E au 0 co 0 E E X co 2 c O ON v) co cu dA m C I CC 'N 0 0_ 0 v)z I = E a) N }, a� N L N CU WOW C13 L a -i CU . v) < w ' d '0 IQ, „sir N cu s_ t3.0 CE DAR AVEN LJE 1 1 e 1 1 1 1 1 r 3 rir w LJ 1 6" C11• 1 1 r I Co) co1 dIDfl A dlp„TT.„ dry „n r .110YVVId 9 .0/ 1 1 f=. 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(n X )L a � E S- .7 'N cu E o a Bo 110 O N O LL Q CU O LL i O CCS ▪ O Q • 0 To: From: Date: Subject: Review Summary SIF No. 12337.00 Brandon Anderson, PE, City Engineer City of Apple Valley Tom Sachi, PE, Senior Engineer Matthew Pacyna, PE, Principal December 21, 2018 Review of Redevelopment Site — Cedar Avenue at 149th Street Traffic Impact Study Apple Valley, MN Introduction As requested, SRF has completed a review of the Redevelopment Site — Cedar Avenue at 149th Street Traffic Impact Study document, dated November 6, 2018 completed by Kimley-Horn and Associates, Inc. The proposed development is located in the southwest quadrant of the Cedar Avenue/149th Street intersection in the City of Apple Valley. Review of the traffic impact study identified the following questions and comments for consideration. Review Summary Based on our review, the following items were identified. Underlined text indicates potential study modification considerations. 1. Site Trip Generation — The trip generation and pass -by trip reduction estimate approach using the Institute of Transportation Engineers Trip Generation Manual, 10th Edition is reasonable for the midday and p.m. peak hours, based on the previous study completed. The rounding of the trips allows for a conservative estimate of the trip generation. 2. Trip Distribution and Assignment — The directional distribution is reasonable. However, the routing of development related traffic shown in Exhibit 4 is inadequate. Currently, no vehicles exiting the site are shown proceeding east on 149th Street and turning left to travel north on Glenda Drive to access 147th Street. It would be reasonable to assume that a portion of vehicles destined north on Cedar Avenue or east on 147th Street may use Glenda Drive. Further review of queuing and operations at the 147th Street/Glenda Drive intersection should be completed to determine if there is expected to be any impacts due to this routing. 3. Intersection Capacity Analysis a. The analysis approach and existing condition results are reasonable. b. While not noted specifically in the document, the build out and horizon background analysis assumed a background growth rate of one-half (0.5) percent, which is consistent with historical trends within the area and the Dakota County 20 -year growth project factor (typical growth is between 0.5 and 1.5 percent growth per year). Therefore, the no -build analysis provides an accurate assessment. The growth rates should be noted within the Build -Out Background Analysis section. ONE CARLSON PARKWAY, SUITE 150 MINNEAPOLIS, MN 55447 763.475.0010 I WWW.SRFCONSULTING.COM Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 2 c. Under the Year 2019 Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, Granada Avenue and 147th Street, and CSAH 42 and Granada Avenue intersections improves when compared to the existing conditions. These improvements, while minor, are counter intuitive with the volume increase expected as a result of the assumed background growth. d. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, improves when compared to the Year 2019 Background conditions. This improvement, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. e. Under the Year 2019 Build Capacity Analysis, the overall delay during the p.m. peak hour at the CSAH 42 and Pennock Avenue intersection improves when compared to both the existing and Year 2019 Background conditions. This improvement is counter intuitive with the volume increase expected as a result of the assumed background growth and development trips. f. It should be noted that the decrease in delay shown at the CSAH 42 and Granada Avenue intersection is expected as additional right -turning vehicles are added to the intersection; these right -turning vehicles are expected to experience minimal delay. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the p.m. peak hour at the Glenda Drive/149th Street and Glenda Drive/147th Street intersections improves when compared to the Year 2019 Background conditions. These improvements, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. h. Further explanation should be provided for why there is a significant increase in delay at the Glenda Drive and 147th Street intersection between Year 2030 Horizon Background and Build conditions, as well as justification for other improvements noted within this section. g. 4. Queuing Analysis a. Existing and background queues are not noted within the 149th Street Queue Summary table. This could provide a comparison to baseline conditions. b. Given the expected blockage of the eastern driveway during the p.m. peak hour, "Do Not Block Intersection" signing should be installed at each driveway entrance. c. The queuing along Glenda Drive at 147th Street should be reviewed given the expected degradation in operations under Year 2030 Horizon Build Conditions and the recommended re-routing of trips to Glenda Drive. 5. Conclusions and Recommendations — A review of the trip assignment routing should be completed to include a portion of exiting vehicles utilizing Glenda Drive north of 149th Street. Additionally, a review of the intersection capacity analysis should be completed to determine why counter -intuitive changes in delay are occurring if signal timing was assumed to remain the same. Lastly, further explanation should be included as to why the intersection operations during the p.m. peak hour at the Glenda Drive and 147th Street intersection degrade significantly under year 2030 Horizon Build conditions. It should be noted that this degradation is not expected under Year 2019 Build Conditions. Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 3 6. CSAR 42 and Granada Avenue Westbound Right -Turn Lane — Although not included within the traffic study, the County is exploring the possibility of constructing a westbound right -turn lane from CSAH 42 to Granada Avenue. Given the proximity of the Granada Avenue and Glenda Avenue intersection to the location of the proposed turn lane, this intersection would ideally be closed east of Granada Avenue. Glenda Avenue would then be realigned to the internal drive lane immediately west of O'Reilly Auto Parts connecting to 149th Street. This re-routing would cause additional circulation along Glenda Avenue and Granada Avenue. Additionally, the McDonalds parking lot may become a "cut -through" option for motorists on Granada Avenue looking to access Glenda Avenue. Further discussion regarding McDonald's access driveways would be necessary prior to construction of the westbound right -turn lane. 7. Other Considerations — The proposed site -plan appears to provide adequate storage for the drive-thru queue. Given that 149th Street is a private roadway, the occasional eastbound queues along 149th Street that extend beyond the eastern site access during the p.m. peak hour are not expected to be an issue. The recommended "Do Not Block Intersection" signs are appropriate and should help mitigate internal queuing. The proposed layout also provides adequate circulation throughout the site, however, it was observed that the drive aisles within the parking lots north and south of 149th Street are slightly skewed from each other. If possible, it is recommended to align these drive aisles directly across from each other. 8. Public Roadway System Impacts — The daily traffic expected to be generated by the proposed development is expected to be approximately 2,500 daily trips. Of these 2,500 daily trips, it is assumed that 50 percent of them are already traveling along the public roadway system (i.e. pass - by trips). These pass -by trips were assumed to be traveling along CSAH 42 and Cedar Avenue (CSAH 23). Information in Table 1 details how expected daily trips generated by the proposed development are anticipated to be distributed to area roadways. For each roadway segment, the typical planning - level annual average daily traffic (AADT) capacity ranges and future build AADT volume are listed. These volume ranges are based upon guidance from the City of Apple Valley 2040 Comprehensive Plan Update. A range is used since the maximum capacity of any roadway design (v/c = 1) is a theoretical measure that can be affected by its functional classification, traffic peaking characteristics, access spacing, speed, and other roadway characteristics. Typically, roadways with a v/c ratio over 0.85 are indicated as nearing capacity. The following items are noted: • Both Cedar Avenue (CSAH 23) north of 147th Street and CSAH 42 west of Cedar Avenue are nearing a v/c of 0.85 but still under capacity. • The segment of CSAH 42 east of Cedar Avenue (CSAH 23) has a v/c ratio of 0.92 indicating that this segment of roadway is nearing its capacity. It should be noted that this segment would be nearing capacity regardless of the proposed development. • The proposed development is not expected to add more than 300 new trips to any roadway segment within the study area after pass -by reductions are applied. • No roadway segments are expected to increase overall daily volume by more than one and a half (1.5) percent. Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 4 Table 1: Public Roadway System Impacts Roadway Segment Existing AADT Estimated AADT Increase Proposed Future AADT Percent Change in AADT Daily Roadway Capacity* Volume to Capacity Ratio Cedar Avenue N of 147th Street 48,000 750 (-425 pass -by) 48,325 0.7% 55,000 - 60,000 0.81 Cedar Avenue S of CSAH 42 37,500 500 (-425 pass -by) 37,575 0.2% 55,000 - 60,000 0.63 147th Street E of Cedar Avenue 9,100 125 9,225 1.4% 18,000 - 22,000 0.42 CSAH 42 E of Cedar Avenue 34,500 500 (-200 pass -by) 34,800 0.9% 32,000 - 38,000 0'92 CSAH 42 W of Pennock Avenue 31,000 375 (-200 pass -by) 31,175 0.6% 32,000 - 38,000 0.82 Pennock Avenue N of 147th Street 9,900 125 10,025 1.3% 17,000 - 22,000 0A6 Pennock Avenue S of CSAH 42 8,400 125 8,525 1.5% 18,000 - 22,000 0.39 *Capacity was based on values used from the City of Apple Valley 2040 Comprehensive Plan Update Kimley>»Horn MEMORANDUM Date: January 10, 2019 To: Brandon Anderson, P.E. City Engineer — Apple Valley From: Douglas Arnold, P.E. Kim ley -Horn and Associates, Inc. Subject: Redevelopment Site — Cedar Avenue at 149th Street Traffic Impact Study Executive Summary Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. The proposed restaurant is anticipated to generate 410 driveway trips during the Mid -Day peak hour and 200 driveway trips during the PM peak hour, which is based on information provided by the restaurant operator. Access is proposed to be located along 149th Street within the existing commercial parking lot. A traffic impact analysis was performed to quantify operating conditions of adjacent intersections for Existing Conditions (2018), Background Conditions (2019), Build Conditions (2019), Horizon Background Conditions (2030) and Horizon Build Conditions (2030). The analysis focused on level of service and delay at the intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, CSAH 42 & Pennock Lane during the weekday Mid -Day and PM peak periods. The study also reviewed anticipated 95th percentile queues on the eastbound approach at the intersection of Glenda Drive & 149th Avenue. Based on the traffic analysis, no off-site mitigation is recommended to address roadway and intersection impacts with the proposed development traffic. The site has been designed so that the anticipated queueing along 149th Street does not impede driveway operations; however, in the event that queuing does extend beyond the first site drive aisle, a "Do Not Block Intersection" sign is recommended at the eastern most drive aisle along 149th Street. Wayfinding is recommended on- site and along 149th Street to encourage exiting traffic to utilize Pennock Lane and Granada Avenue to access the surrounding roadway network. 1 Kimley>»Horn Introduction Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. As part of the development process, a traffic im pact study has been requested by City staff to quantify any impacts the proposed redevelopment will have on the adjacent intersections. Existing Conditions The proposed redevelopment site has frontage on two public roadways; 149th Street and Glenda Drive, with driveway aisle along 149th Street within the existing commercial parking lot. Following provides more information on the adjacent roadways: • Cedar Avenue is a north -south divided highway with three lanes in each direction east of the proposed site. At its right-in/right-out intersection with 149th Street, a southbound right -turn lane is provided along Cedar Avenue. The speed limit is 45 miles per hour. • CSAH 42 is an east -west divided highway with two lanes in each direction south of the proposed site. The posted speed limit is 40 miles per hour. At its right-in/right-out intersection with Granada Avenue, no dedicated turn -lanes are provided. At its signalized intersection with Pennock Avenue, dedicated right- and left -turn lanes are provided for both approaches. • 149th Street is an east -west undivided private access roadway with one lane in each direction. 149th Street primarily serves as an access to commercial developments. No speed limit is posted along 149th Street; therefore, a speed limit of 20 miles per hour was assumed for this analysis. No turn -lanes are provided at its intersection with Glenda Drive, and the eastbound approach is under stop control. Due to its proximity to the right-in/right-out intersection with Cedar Avenue, no stop control is provided for the westbound approach. At its right-in/right- out intersection with Cedar Avenue, one inbound and one outbound lane are provided, and the approach is under minor -leg stop control. • Glenda Drive is a two lane north -south undivided roadway adjacent to the proposed site on the east side. No speed limit is posted along Glenda Drive so a speed limit of 30 miles per hour was assumed for this analysis. At its intersection with 149th Street, no dedicated lanes are provided, and both approaches are under stop control. At its intersection with 147th Street, Glenda Drive is under minor -leg stop control, and no dedicated turn lanes are provided. • Granada Avenue is a two lane north -south undivided roadway west of the proposed site. No speed limit is posted along Granada Avenue within the study area; therefore, a speed limit of 30 miles per hour was assumed for this analysis. At its intersection with 147th Street, Granada Avenue is under minor -leg stop control and does not provide any dedicated turn lanes. At its right-in/right-out intersection with CSAH 42, one inbound and one outbound lane are provided for the southbound approach, and it is under minor -leg stop control. 2 Kimley>»Horn • 147th Street is an east -west undivided roadway north of the proposed site with two lanes in each direction. At its intersections with Glenda Drive and Granada Avenue, no dedicated turn lanes are provided. The posted speed limit for 147th Street is 30 miles per hour. • Pennock Avenue is a north -south undivided roadway with two lanes in each direction to the west of the proposed site. The posted speed limit along Pennock Avenue is 30 miles per hour. At its signalized intersection with CSAH 42, Pennock Avenue provides dedicated left -turn lanes for both approaches. Study Area The intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, and CSAH 42 & Pennock Avenue were defined as study intersections. Existing lane geometry and intersection control at these study intersections is provided in Exhibit 1 in Appendix 1. Existing Traffic Counts Weekday peak period turning movement counts (Mid -Day and PM) were collected at the study intersections on Tuesday, October 16, 2018. Exhibit 2 in Appendix 1 provides a summary of the weekday Mid -Day and PM peak hour turning movement counts. Traffic volumes were rounded to the nearest multiple of five vehicles. To determine future traffic conditions, existing traffic counts were grown by 0.5 percent per year. Proposed Development The proposed site will be an 8,300 -square foot restaurant with a drive-thru and a 11,000 -square foot retail space. The concept plan calls for the existing commercial building to be partially demolished and replaced with parking. Proposed access to the site will provided by the existing parking lot drive aisles along 149th Street. The site is anticipated to be open for business in 2019. Site Trip Generation The proposed restaurant is a unique restaurant, so the trip generation was based on trip data from existing restaurant locations. A traffic study completed by KLOA in 2014, reviewed four existing restaurant locations and based on the traffic at those locations summarized a trip generation for a new restaurant. It is anticipated that the proposed restaurant will have approximately 80% of the traffic when compared to the trip generation provided in the traffic study due to the smaller restaurant size and a market assessment of the proposed restaurant. Trip generation for the proposed restaurant was adjusted to be 80% of the locations previously studied. The KLOA report can be found in Appendix 2. Table 1 shows the trip generation for the proposed restaurant. A pass -by reduction was included in the trip generation. Pass -by traffic was assumed to be 50% for the restaurant. In the Mid -Day peak hour, the site is anticipated to generate 410 trips (205 in and 205 out) and in the PM peak hour, the site is anticipated to generate 200 trips (100 in and 100 out). Since the 11,000 square foot retail building exists today, additional trips were not accounted for since they are included in the existing peak hour traffic counts. A reduction in trips for the portion of the building the is being demolished was not accounted in order to provide a conservative analysis. 3 Kimley>»Horn Table 1. Trip Generation Land Use Description ITE Intensity / Units Mid -Day Peak Hour PM Peak Hour In Out Total In Out Total Restaurant with Drive -Through 8,300-- Square Feet 205 205 410 100 100 200 TOTAL EXTERNAL TRIPS 205 205 410 100 100 200 Restaurant Peak Hour Pass -by (50%) 105 105 210 50 50 100 TOTAL NET NEW TRIPS 100 100 200 50 50 100 Trip Distribution and Assignment The directional distribution was based on the current traffic patterns in the area, the location of the proposed site access, and the anticipated routes that will provide site users with the fastest and most convenient path to and from the site. The estimated trip distribution for the site -generated traffic is illustrated in Exhibit 3 in Appendix 1. Pass -by traffic is assumed to be 70% from Cedar Avenue and 30% from CSAH 42. The global site trip distribution used in the traffic analysis is provided below: • Cedar Avenue — 30% to/from the north, 20% to/from the south • CSAH 42 — 15% to/from the west, 20% to/from the east • 147th Street — 5% to/from the east • Pennock Avenue — 5% to/from the north, 5% to/from the south In accordance with the estimated site trip generation and distribution, weekday Mid -Day and PM peak hour site traffic volumes were assigned to each of the study intersections. The resulting trip assignment including pass -by is presented in Exhibit 4 in Appendix 1. Intersection Capacity Analysis A capacity analysis was performed at the study intersections to quantify existing operating conditions, as well as future conditions without and with traffic from the proposed redevelopment. Since the proposed redevelopment will not be open during the AM peak hour, the focus of the future conditions analysis was on the weekday Mid -Day and PM peak hours. Level of service (LOS) analysis was conducted for the Mid -Day and PM peak hours at the study intersections for existing conditions, background conditions, build conditions, horizon background conditions, and horizon build conditions. LOS is a quantitative measure used by traffic engineers to describe the operations of an intersection. It ranges from A to F, with A being the best and F being the worst level of operation. LOS A conditions are characterized by minimal vehicle delay and free-flow conditions, while LOS F is characterized by long vehicle delay — usually when demand exceeds available roadway capacity. Although LOS E is defined as at -capacity, LOS D is generally the minimum acceptable level of operation at an intersection. Each study intersection was analyzed based on the Highway Capacity Manual using Synchro/SimTraffic software. 4 Kimley>»Horn Existing (2018) Analysis A capacity analysis was performed to quantify existing operating conditions during the Mid -Day and PM peak hours at the study intersections. The analysis was based on the existing lane geometry and signal timings that are currently in the field. Synchro/SimTraffic was used to perform the capacity analysis. Table 2 and Table 3 provide a summary of the Existing (2018) capacity analysis for the Mid -Day and PM peak hours, respectively. Based on the analysis, all intersections are currently operating at an acceptable LOS during the study time periods except for the intersection of CSAH 42 & Pennock Lane, which is operating at LOS E during the weekday PM peak hour. The signal timings at CSAH 42 & Pennock Lane have a particularly long cycle length for the PM peak hour. As a result, high levels of delay are experienced for most approaches even when movements are not at their capacity. The SimTraffic reports are attached in Appendix 3. Table 2. Existing (2018) Capacity Analysis Summary (Mid -Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 6.1 A 7.0 A 3.2 A 3.9 A WB 0.1 A 0.1 A 0.1 A NB 5.1 A 7.2 A 3.1 A SB 5.7 A 4.6 A 2.5 A Glenda Drive & 147th Street EB 3.4 A 0.9 A 0.4 A 2.6 A WB 4.7 A 2.0 A 1.6 A NB 12.9 A 12.4 A 4.2 A SB 12.9 A 12.7 B 5.1 A Granada Avenue & 147th Street EB 2.5 A 0.3 A 0.2 A 2.4 A WB 3.4 A 0.8 A 0.8 A NB 10.3 A 10.1 B 4.7 A SB 8.3 A 9.7 A 3.5 A CSAH 42 & Granada Avenue EB 3.6 A WB 2.6 A 2.5 A NB SB 6.4 A CSAH 42 & Pennock Lane EB 62.2 E 33.4 C 5.7 A 31.1 C WB 40.6 D 13.6 B 3.8 A NB 43.9 D 52.8 D 23.2 C SB 48.2 D 55.4 D 28.3 C (1) Darkened boxes = movement not available 5 Kimley>»Horn Table 3. Existing (2018) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 8.3 B 14.8 C 5.5 A 6.8 A WB 0.8 A 0.2 A 4.9 A NB 10.2 A 10.6 A 9.9 B SB 9.9 B 3.8 A 3.5 A Glenda Drive & 147th Street EB 7.0 A 5.7 A 2.1 A 4.9 A WB 7.2 A 2.6 A 2.0 A NB 5.9 A 18.6 C 7.6 A SB 12.5 B 14.5 B 5.7 A Granada Avenue & 147th Street EB 4.1 A 0.6 A 0.2 A 3.4 A WB 4.0 A 1.7 A 1.2 A NB 10.1 B 13.3 B 6.5 A SB 11.8 B 12.5 B 3.9 A CSAH 42 & GranadaNB Avenue EB 8.5 A WB 4.2 A 4.3 A SB 8.7 A CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 71.4 E 71.3 E WB 45.1 D 14.2 B 4.1 A NB 58.5 E 71.5 E 48.0 D SB 63.0 E 72.4 E 49.9 D (1) Darkened boxes = movement not available Background (2019) Analysis The Background (2019) capacity analysis analysis was based on an expected Opening Year of 2019. Background capacity analysis was performed at the study intersections to provide a basis of the baseline operating conditions in the opening year. Existing volumes were grown at a 0.5% annual growth rate, and the volumes used for the analysis are provided in Exhibit 5 in Appendix 1. Existing signal timings were used for this analysis. Table 4 and Table 5 provide a summary of the capacity analysis for the Mid -Day and PM peak hours, respectively. Based on the analysis, the study intersections are anticipated to operate at an acceptable LOS during the study time periods, except for the intersection of CSAH 42 & Pennock Lane, which is anticipated to operate at LOS E during the PM peak hour, similar to existing conditions due to the existing signal timings. SimTraffic reports are provided in Appendix 3. 6 Kimley>»Horn Table 4. Background (2019) Capacity Analysis Summary (Mid -Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 5.8 A 7.3 A 4.5 A 3.9 A WB 0.1 A 0.1 A 0.1 A NB 5.3 A 7.3 A 3.3 A SB 6.3 A 4.5 A 2.7 A Glenda Drive & 147th Street EB 3.8 A 0.9 A 0.4 A 2.2 A WB 4.6 A 1.9 A 1.3 A NB 12.9 B 9.9 B 3.6 A SB 9.6 A 12.3 B 4.8 A Granada Avenue & 147th Street EB 2.7 A 0.4 A 0.1 A 2.4 A WB 3.3 A 1.0 A 0.9 A NB 9.0 A 10.6 B 4.6 A SB 7.9 A 9.6 A 3.7 A CSAH 42 & GranadaNB Avenue EB 3.8 A WB 2.8 A 2.5 A SB 6.7 A CSAH 42 & Pennock Lane EB 61.1 E 32.8 C 5.7 A 30.6 C WB 36.6 D 131 B 4.0 A NB 44.1 D 53.5 D 26.3 C SB 47.7 D 53.7 D 21.1 C (1) Darkened boxes = movement not available 7 Kimley>»Horn Table 5. Background (2019) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 12.9 B 18.7 C 13.2 A 8.1 A WB 0.1 A 0.2 A 0.1 A NB 14.2 A 8.2 B 11.2 C SB 11.6 B 3.8 A 3.0 A Glenda Drive & 147th Street EB 9.5 A 7.7 A 2.9 A 6.1 A WB 7.5 A 2.7 A 1.8 A NB 8.2 A 16.3 C 9.0 A SB 21.1 C 14.1 B 7.6 A Granada Avenue & 147th Street EB 4.0 A 0.5 A 0.2 A 3.5 A WB 4.5 A 1.7 A 1.1 A NB 10.5 B 14.5 B 6.8 A SB 11.3 B 14.8 B 7.6 A CSAH 42 & GranadaNB Avenue EB 8.3 A WB 4.4 A 4.0 A SB 10.4 B CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 81.2 F 74.9 E WB 53.3 D 15.3 B 4.2 A NB 57.3 E 73.2 E 56.1 E SB 68.2 E 75.9 E 60.4 E (1) Darkened boxes = movement not available Build (2019) Analysis Build (2019) capacity analysis was performed at the study intersections to determine the operations once project traffic is added to the surrounding roadway network for the opening year. Volumes used for the analysis are provided in Exhibit 6 in Appendix 1. Existing signal timings were used for this analysis. Table 6 and Table 7 provide a summary of the capacity analysis for the Mid -Day and PM peak hours, respectively. Based on the analysis, the study intersections and individual movements are anticipated to operate at an acceptable LOS during the Mid -Day peak hour. During the PM peak hour, the intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS E. SimTraffic reports are provided in Appendix 3. 8 Kimley>»Horn Table 6. Build (2019) Capacity Analysis Summary (Mid -Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 7.4 A 8.6 A 3.9 A 5.0 A WB 0.1 A 0.1 A 0.1 A NB 6.6 A 7.9 A 4.8 A SB 6.0 A 4.9 A 3.3 A Glenda Drive & 147th Street EB 4.1 A 1.1 A 0.4 A 2.6 A WB 4.9 A 1.9 A 1.5 A NB 9.1 C 13.9 B 5.6 A SB 12.7 B 14.5 B 4.4 A Granada Avenue & 147th Street EB 2.6 A 0.4 A 0.1 A 2.7 A WB 3.5 A 0.9 A 0.9 A NB 9.0 A 10.0 A 5.2 A SB 8.2 A 8.8 A 3.7 A CSAH 42 & GranadaNB Avenue EB 3.9 A WB 2.9 A 3.4 A SB 7.0 A CSAH 42 & Pennock Lane EB 60.7 E 32.8 C 5.6 A 30.6 C WB 38.9 D 13.7 B 4.2 A NB 43.2 D 55.2 D 24.9 C SB 44.4 D 55.0 D 23.1 C (1) Darkened boxes = movement not available 9 Kimley>»Horn Table 7. Build Total (2019) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 17.3 C 22.8 C 20.5 C 11.5 B WB 0.4 A 0.4 A 0.1 A NB 8.4 A 11.8 B 20.1 C SB 8.0 C 4.4 A 3.1 A Glenda Drive & 147th Street EB 10.3 B 7.7 A 5.8 A 6.2 A WB 8.1 A 2.9 A 1.8 A NB 7.6 A 14.4 B 8.2 A SB 19.5 C 16.1 C 6.1 A Granada Avenue & 147th Street EB 3.9 A 0.6 A 0.3 A 3.6 A WB 4.5 A 1.6 A 1.2 A NB 11.7 B 15.0 B 7.1 A SB 11.2 B 11.7 B 4.6 A CSAH 42 & GranadaNB Avenue EB 8.9 A WB 4.5 A 4.7 A SB 8.9 A CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 92.2 F 78.9 E WB 45.4 D 15.1 B 3.9 A NB 53.6 E 72.6 E 51.2 D SB 63.3 E 69.7 E 47.6 D (1) Darkened boxes = movement not available Horizon Background (2030) Analysis Horizon Background (2030) capacity analysis was performed at the study intersections to provide a basis of operations in the 2030 horizon year. Volumes used for the analysis are provided in Exhibit 7 in Appendix 1. Existing signal timings were used for this analysis. Table 8 and Table 9 provide a summary of the capacity analysis for the Mid -Day and PM peak hours, respectively. Based on the analysis, the study intersections and individual movements are anticipated to operate at an acceptable LOS during the Mid -Day peak hour. During the PM peak hour, and the intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS F. All other movements and overall intersections are anticipated to operate acceptably. SimTraffic reports are provided in Appendix 3. 10 Kimley>»Horn Table 8. Horizon Background (2030) Capacity Analysis Summary (Mid -Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 5.9 A 8.0 A 4.7 A 4.3 A WB 0.1 A 0.1 A 0.1 A NB 6.4 A 6.9 A 3.8 A SB 5.9 A 4.5 A 2.7 A Glenda Drive & 147th Street EB 4.8 A 1.0 A 0.4 A 2.7 A WB 5.1 A 2.1 A 1.6 A NB 9.6 A 15.0 B 4.5 A SB 11.2 B 13.5 B 5.4 A Granada Avenue & 147th Street EB 2.8 A 0.4 A 0.1 A 2.4 A WB 3.5 A 1.0 A 0.8 A NB 8.9 B 10.0 A 4.7 A SB 8.9 A 8.7 A 4.3 A CSAH 42 & GranadaNB Avenue EB 3.9 A WB 2.9 A 2.8 A SB 7.3 A CSAH 42 & Pennock Lane EB 62.3 E 33.6 C 6.2 A 31.6 C WB 36.9 D 13.8 B 4.5 A NB 46.3 D 55.8 E 32.2 C SB 51.2 D 54.7 D 25.5 C (1) Darkened boxes = movement not available 11 Kimley>»Horn Table 9. Horizon Background (2030) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 12.9 B 20.8 C 11.8 B 9.1 A WB 0.4 A 0.3 A 4.7 A NB 4.7 A 9.5 A 11.8 B SB 11.9 B 3.3 A 2.6 A Glenda Drive & 147th Street EB 7.2 A 9.6 A 8.4 A 7.2 A WB 8.6 A 3.0 A 1.9 A NB 22.8 C 12.3 B 11.0 B SB 18.2 C 24.5 C 5.8 A Granada Avenue & 147th Street EB 3.5 A 0.5 A 0.3 A 3.4 A WB 4.2 A 1.7 A 1.2 A NB 11.5 B 14.3 B 6.9 A SB 11.2 B 12.0 B 4.3 A CSAH 42 & GranadaNB Avenue EB 8.8 A WB 1.2 A 2.2 A SB 10.8 B CSAH 42 & Pennock Lane EB >100 F >100 F >100 F 84.6 F WB 51.4 D 15.4 B 4.0 A NB 52.6 D 70.0 E 54.4 D SB 68.9 E 75.5 E 53.9 D (1) Darkened boxes = movement not available Horizon Build (2030) Analysis Horizon Build capacity analysis was performed at the study intersections to determine the operations in the 2030 horizon year with the incorporation of project traffic on the surrounding roadway network. Volumes used for the analysis are provided in Exhibit 8 in Appendix 1. Existing signal timings were used for this analysis. Table 10 and Table 11 provide a summary of the capacity analysis for the PM and Mid -Day peak hours, respectively. During the Mid -Day peak hour, the intersections and individual movements are anticipated to continue to operate acceptably. In the PM peak hour, the intersection of CSAH 42 & Pennock Lane is anticipated operate at LOS F. All other overall intersections and movements are anticipated to operate acceptably. SimTraffic reports are provided in Appendix 3. 12 Kimley>»Horn Table 10. Horizon Build (2030) Capacity Analysis Summary (Mid -Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 7.0 A 8.4 A 4.5 A 4.7 A WB 0.1 A 0.1 A 0.1 A NB 6.0 A 8.0 A 4.2 A SB 10.0 A 5.3 A 3.3 A Glenda Drive & 147th Street EB 4.8 A 1.3 A 0.9 A 2.8 A WB 5.2 A 2.0 A 1.3 A NB 10.7 C 14.1 B 5.6 A SB 14.4 B 16.7 C 5.7 A Granada Avenue & 147th Street EB 2.8 A 0.4 A 0.2 A 3.0 A WB 3.9 A 0.9 A 0.7 A NB 9.8 A 13.2 B 5.7 A SB 9.4 A 9.6 A 4.0 A CSAH 42 & GranadaNB Avenue EB 4.2 A WB 3.1 3.4 A SB 7.5 A CSAH 42 & Pennock Lane EB 60.0 E 33.9 C 5.9 A 32.3 C WB 35.6 D 16.8 B 4.5 A NB 45.2 D 56.0 E 30.0 C SB 47.8 D 55.9 E 29.1 C (1) Darkened boxes = movement not available 13 Kimley>»Horn Table 11. Horizon Build (2030) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Delay (sec/veh) LOS Glenda Drive & 149th Street EB 18.1 C 26.2 D 29.5 D 14.2 B WB 0.1 A 0.1 A 0.1 A NB 5.1 A 12.7 B 22.7 C SB 12.2 B 3.2 A 2.6 A Glenda Drive & 147th Street EB 17.8 C 11.2 B 11.8 B 8.1 A WB 7.2 A 3.4 A 2.0 A NB 60.1 F 24.7 C 12.2 B SB 11.8 B 16.1 C 4.5 A Granada Avenue & 147th Street EB 2.9 A 0.5 A 0.3 A 3.9 A WB 5.3 A 1.9 A 1.2 A NB 10.8 B 12.6 B 7.3 A SB 13.2 B 9.5 A 8.6 A CSAH 42 & GranadaNB Avenue EB 9.5 A WB 4.4 A 5.1 A SB 11.5 B CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F > 100.0 F 89.1 F WB 53.5 D 15.3 B 4.8 A NB 55.3 E 71.1 E 58.0 E SB 60.3 E 71.1 E 46.4 D (1) Darkened boxes = movement not available Capacity Analysis Summary Based on the Background and Build analyses, the introduction of site traffic onto the network with the background volumes is not projected to significantly degrade study intersection operations. The intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS F during the PM peak hour and is consistent between the background and build scenarios. In the Horizon analysis, all intersections are anticipated to operate at an acceptable LOS with the exception of CSAH 42 & Pennock Lane, consistent with Build conditions. Queue Analysis The traffic impact analysis also reviewed the anticipated queueing of vehicles for the eastbound approach at the intersection of 149th Street & Glenda Avenue during the Mid -Day and PM peak hours. The purpose of the analysis was to ensure that the anticipated 95th percentile queues would not significantly impact access into or out of the development parking lot. The proposed throat depth along 149th Street is approximately 125 feet with an additional 70 feet between the eastern most drive aisle and the next drive aisle into the development. 14 Kimley>»Horn Table 15 provides a summary of the queue analysis for the five (5) scenarios analyzed for both the Mid -Day and PM peak hours. Based on the SimTraffic analysis, the 95th percentile is anticipated to extend beyond the drive aisles along 149th Street during the PM peak hour. It is recommended that a "Do Not Block Intersection" sign be posted along 149th Street to improve site circulation in the case that the spillback may occur. Table 15. 149th Street Queue Summary Analysis Year Mid -Day Peak Hour PM Peak Hour Average 95th Average 95th Existing (2018) 40 65 50 85 Background (2019) 40 60 55 110 Build (2019) 55 100 80 155 Horizon Background (2030) 40 65 60 135 Horizon Build (2030) 55 100 90 170 Conclusions and Recommendations Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. The proposed restaurant is anticipated to generate 410 driveway trips during the Mid -Day peak hour and 200 driveway trips during the PM peak hour, which is based on information provided by the restaurant operator. Access is proposed to be located along 149th Street within the existing commercial parking lot. A traffic impact analysis was performed to quantify operating conditions of adjacent intersections for existing conditions, opening year background and build conditions, and horizon year background and build conditions. The analysis focused on level of service and delay at the intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, CSAH 42 & Pennock Lane during the weekday Mid -Day and PM peak periods. The study also reviewed anticipated 95th percentile queues on the eastbound approach at the intersection of Glenda Drive & 149th Avenue. Based on the traffic analysis, no off-site mitigation is recommended to address roadway and intersection impacts with the proposed development traffic. The study area consists of built out infrastructure, so additional turn lanes and other geometric improvements would prove difficult, and the future capacity issues stem from existing capacity issues. Improvements are not essential to mitigate the impacts of site generated traffic. The site has been designed so that the anticipated queueing along 149th Street does not impede driveway operations; however, in the event that queuing does extend beyond the first site drive aisle, "Do Not Block Intersection" signs are recommended at the eastern most drive aisles along 149th Street. 15 Kimley>»Horn APPENDIX 1: EXHIBITS Cedar Avenue ewe Glera' 6 F 41. ti Granada Avenue 1 Pennock Avenue r • Z W W J Proposed Site Location XX (XX) MD (PM) Peak Hour Volumes Cedar Avenue N 0 0 OCO O (h CO O CO O N CO 6 F (1) ti • (091,) 091, - (9d) OZ (917) 91, Jenue Gle" '1T(' oo4 u O - O N N N a , Se6i 4 :. Ick, Granada Avenue Pennock Avenue C( N N (09) 09 r (ooa) oe1, Ei ,- (0171,) 091, (902)061, — (06Z) 991, -, (98) 9L —4, 'rr 3 1660 1. P,. eria F 4.0 4.0 (1) 4.0 ti rI Cedar Avenue enue V J Gle' a E 1 P •� 1. :61 s. 1.4 1, I. 1iG4d,. I1.I Intl rias al- 1 a Granada Avenue • 1lfi nl` i' Pennock Avenue I r 16,11110 1, I 6 E 4 1 0 1,1 is 6 Cedar Avenue L $ 147th Street - 403 u e - t' 0a Granada Avenue (g g g •L"— (g) g y 4 4." 1 0 ; • g , g, ging e 150th 6 I . 4 r iLe Al, 11 46, Pennock Avenue • 'OU) I= b cDLJJ E < x w ce I— 0 —3 ow ce ci- < 0 Z W W J Proposed Site Location XX (XX) MD (PM) Peak Hour Volumes Cedar Avenue 1 N O CO O CO O CO O N CO • (091,) 091, - (9d) OZ (917) 91, '1Tr' oo4 CO u� o N- O N 1 • f 4 Granada Avenue Pennock Avenue O O O ▪ N ▪ N (09) 09 I r (ooa) oe1, E) "i 4—(0171,)091, 0 2 CU E Proposed Site Location XX (XX) MD (PM) Peak Hour Volumes ij L_ I 6.4 ic r 0 CO 0 CO LO 0 CO 0 C, CO Cedar Avenue 4enue (ty G e 112), • (9LI.) 90Z 4— (9) OZ (09) OZ • f 4yri* ^ ^ ^ C, CO LO LO C, Granada Avenue e,„ 1 g14 0410 I 4 15 Pennock Avenue „ ° „ ittrf r C•I "Dg2- (09) 09 .1; 4— (00Z) 991, 4) '(t'"* (0171,) 091, (90Z) 061, (06) 991, —> • 1 r . Proposed Site Location XX (XX) MD (PM) Peak Hour Volumes Cedar Avenue 4 o o Lc) o o Lc) Lc) c, os 4) NO* • (09) 091, <— (9) OZ (09) 91, • r 0 ^ ^ ^ C•I 0 .n C•I Granada Avenue Pennock Avenue ) 41 r-- 2'7— r (01Z) 061, (091) 091, (OZZ) 00Z is (01,E) 991, —> (06) 08 r o o c+ co oO N co • k- (991,) 91,2 - (9Z) OZ (99) OZ i 1• f T� Cedar Avenue Jenue Z W W J Proposed Site Location XX (XX) MD (PM) Peak Hour Volumes 1 Granada Avenue Pennock Avenue O CR' 1n 1n 0 N r m r o (99) 99 LC)r 4-(01,2)961, 4) 4, ,c- (091) 091, City of Apple Valley MEMO Building Inspections TO: Alex Sharpe, Planning and Econ Dev Specialist FROM: George Dorn, Building Official DATE: January 4, 2018 SUBJECT: Time Square Shopping Center - Portillo's • SAC determination is required from Met Council prior to permit issuance from the city. • Geotechnical report boring log and Special Inspector Agreement is required prior to permit and soil corrections on site. • Submit plans to Minnesota Department of Labor, Plumbing Division for review of proposed plumbing, roof drainage, sanitary and storm design. • Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. • Separate sign permits are required. Structural drawings will be required for review. • The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the building to have an automatic sprinkler system installed based on occupancy type and square footage. • Allowable area and building heights will be determined once the code analysis has been completed. • A grease interceptor is required for this project per City Ordinance Chapter 51.08 (B) (d). • A U.S. Environmental protection Agency must inspect all buildings, prior to demolition. A copy of the inspector's report is required with the demolition permit application. The contractor is required to send the notification of intent to perform a demolition to the Minnesota Pollution Control Agency (MPCA) Asbestos Program. This notification form must be sent ten working days before the demolition begins. Provide a copy of this to the City when you apply for the demolition permit. You may contact the MPCA at 651-296- 6300. • Platting of the property lines must be completed prior to permit issuance. • Parking calculations for accessibility need to be calculated for the new mercantile property not the existing entire site. Revise parking calculation for accessibility on the Portillo's site with the building permit. Red — 18' Stalls ❑ Blue — Code Compliant ESCIN 0E343E. -1 rr GL 1 1 CEDAR RETAIL ADDITION Lj' n�P on behalf o 09'6L5 N. BID 1-2222 M/3a n]lT�n 3ldd� Ja A�� 91'6, 16',11 00,61,06 ,6'951 3 SL,/1,09 h 0 ON NOISIA100. aNd 1roaa I, .N1rv3 ..n�.� a� 3�dNrotia £1'a£1 0S'15Z 3„LZ,£O,ON s c) L9LZZ 3„OS,SO,ON W 4101114 11111014 aq o LrL Z w • i yv was.) c v Nv. . s� ... .... •••• ..• l App Valil ley ITEM: 5.B. PLANNING COMMISSION MEETING DATE: January 16, 2019 SECTION: Land Use /Action Items Description: The Shores - PC18-16-PZCSB Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Pulte Group, Inc. Project Number: PC18-16-PZCSB Applicant Date: 11/28/2018 60 Days: 1/27/2019 120 Days: 3/27/2019 ACTION REQUESTED: Staff has been working with the developer on revisions to their plans related to storm water management. Late in the afternoon on January 10, we received a revised set of plans for review. We have been working on our review, which is about 85-95% complete. With that said, we are reluctant to provide a recommendation at this time. In order to keep this project moving through the entitlement process, staff will be providing a recommendation on the night of January 16, Planning Commission meeting. SUMMARY: The applicant is requesting the following: 1. An amendment to the 2030 Comprehensive Plan Land Map re -designating approximately 2.5 acres from "LD" (Low Density Residential/ 2-6 units per acre) and 7.3 acres from "HD" (High Density Residential/12+ units per acre) to "MD" (Medium Density Residential/6-12 units per acre). 2. Rezoning of 9.9 acres of property from "SG" (Sand and Gravel) to "M-6" (Medium Density Residential/6-12 units per acre). 3. Subdivision of 9.9 acres into 101 residential townhome lots and thirteen (13) outlots. 4. Conditional use permit to allow for townhome construction with exposed finish materials other than those provided under section 155.346 of the city code. 5. Site plan/building authorization to allow for construction of 101 townhome dwelling units on 9.9 acres. The applicant is proposing to subdivide approximately 9.9 acres into 101 lots and thirteen (13) outlots. Outlots A through D will be used for private streets within the townhome development, with Outlots E through M will be devoted for common open space. An easement over a portion of Outlot K is proposed to be dedicated to the City for public park purposes and will be the location of a public trail. A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to release the sand and gravel mining C.U.P. on 9.9 -acre site and remove the property from the Sand and Gravel Overlay designation on the 2030 Comprehensive Plan Land Use amp. Staff will work with the developer and property owner with the amendment of the C.U.P. and removal of the Sand and Gravel Overlay. Mining operations will continue north of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. The proposed 9.9 -acre townhome development will require approval of the before -mentioned Comp Plan Land Use Map re -designation, rezoning, conditional use permit and site plan/building permit authorization. Acceptance of easements for the storm water ponding area east of the site and the proposed trail along the east edge of the property will need to be approved by the City. A public hearing for the Comp Plan amendment, rezoning, subdivision 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. Response - Mr. Paul Heuer, Pulte Group representative, stated that rentals would likely be allowed. A homeowners association (HOA) would be created upfront and all property owners would become part of that association and would address rentals. A comment was received regarding height of the buildings. It was asked if there would be a basement option where you do not have to go as tall as the similar type of townhome units in Cobblestone Lake. Response - Mr. Heuer said they will go with straight zoning with this application and meet the requirements of the rooflines and lower the building. Related to the concern of grades, he said they will be following the same grades as those of 157th Street and Johnny Cake Ridge Road There is not massive hill. This is a mine so they get to create the grades. They will not create steep grades in a townhome development to make it difficult There is a reason to believe level grade throughout. A resident who lives across the street in the corner looking toward this development was concerned about the proposed land use changes as he was told that across from them would be single-family homes. Response - The property located directly east of the Quarry Pond Fourth Addition single-family development is currently designated "LD" (Low Density Residential). A variety of housing types can be built in "LD" areas including single- family detached dwellings, duplexes, twin homes, townhomes and other types of attached housing at a density of 2-6 units per acre. The 101 townhomes will be built on 9.9 acres and will have a density of 10.2 units per acre. The approximately 2.5 acres currently designated "LD" will have 23 units, with the remaining 78 units on property currently designated "HD" (High Density Residential/12+ units per acre). If the current designation was to remain, this 9.9 -acre site could have a density of 94-193 units per acre. Therefore, it appears that the re -designation of the property to "MD" (Medium Density Residential/6-12 units per acre) and the proposed development will be slightly higher than the minimum currently allowed and significant lower than the maximum. A question was raised about how the school district would be impacted with changing of this density. Response - School District #196 estimates that a townhouse will have approximately .265 students per unit. They break that number down further and estimate that there will be .123 elementary, .055 middle school and .074 high school students per unit. Therefore, this proposed development would generate 12 elementary, 6 middle school, and 8 high school students. These would be estimates that the school district would use for their planning purposes, and these numbers may vary when other factors are taken into consideration. Also, the school district was provided notice of the proposed Comp Plan amendment for review and comment The district did not provide comments to the proposed changes. A resident inquired, that from a marketing standpoint, who they are aiming for their sales and what the price range would be. Response - Mr. Heuer stated that the homes would range from $290, 000 to $330, 000. The median sales price for homes in Apple Valley range from $256,000 to $265,500, with new homes sale prices in the low to mid $300,000 range. A resident asked if parking would be allowed on 157th Street West and if the public using Quarry Point Park would be allowed to park along the streets in the proposed development. Response - 157th Street West is a minor collector street and parking is currently not allowed on the street. The City does not have any plans to remove the parking restriction as part of this development The streets within the proposed development will be private and under control of the owners of the townhomes. In most cases, townhomes development limit parking to residents and guests only. Also, the design of the street will not allow for on -street parking. The only parking available will be at each residence and the guest parking spaces scattered throughout the development BACKGROUND: Comprehensive Plan Amendment: The 2030 Comprehensive Plan Land Use Map currently designates approximately 11 acres of property in the area of the townhome site "LD" (Low Density Residential/ 2-6 units per acre) and 29 acres "HD" (High Density Residential/12+ units per acre). The proposed 2040 Comprehensive Plan Land Use Map designates the whole site "HD". The applicant is requesting re -designation of approximately 2.5 acres of the existing "LD" area and 7.4 acres of the "HD" area to "MD" (Medium Density Residential/6-12 units per acre). The proposed 101 -unit townhome development will have a density of 10.2 units per acre, which would exceed the maximum units per acre allowed in the "LD" designation and would be below the minimum in the "HD" designation. Medium Density Residential land uses includes townhomes, other attached single-family dwellings, low-rise apartments, and condominiums at densities that range between six and twelve units per acre. This designation fits with the "M-4", "M-5", "M-6" multi -family zoning districts, and some "PD" (Planned Development) zoning districts. There is some concern with how this proposed amendment and development will impact the adjacent property that will not be re -designated. The applicant has provided a plan that shows all of the property to the north being developed as townhomes. The property in the Temporary Sand and Gravel Overlay district. The Sand and Gravel Overlay is a temporary land use designation that allows mining activity on properly zoned property in conformance with an approved conditional use permit. The overlay designation states that sand and gravel mining is considered an interim use and that properties currently being mined will eventually be redeveloped in conformance with the underlying land use designation. This designation should be removed as part of the Comprehensive Plan amendment. Rezoning: The applicant is requesting a rezoning of the property from "SG" (Sand and Gravel) to "M-6" (Multiple Family Residential/6-12 units per acre. The "M-6" districts are intended for those areas which are designated for "medium density" in the comprehensive guide plan, where a moderately high density of townhouse or apartment dwelling units is expected. Property within these districts are characterized by relatively level topography, the minimal presence of significant mature vegetation and proximity to either neighborhood or community collector roads or to arterial roads. The subject property meets all the characteristics of the "M-6" zoning district. Townhouse dwellings are a permitted use with the "M-6" zoning district as long as no building contain in excess of 12 dwelling units. The proposed development will have fourteen 4 -unit, three 4 -unit, and five 6 -unit buildings. The zoning code also has three different zoning designations, "A", "B" and "C", which identifies building setbacks, height, number of stories and maximum impervious surface. The applicant has requested a "C" zoning classification for their development, which allows for least restrictive setbacks. For example, building setbacks along 157th Street West is 75 feet in the "A" designation, 50 feet in the "B" and 40 feet in the "C". Conditional Use Permit: Section 155.346 of the zoning states that " Multiple residential buildings adjacent to "R" zones or occupied "M" zones shall have a vertical exposed exterior finish consisting of at least 50% non-combustible, non -degradable and maintenance -free construction materials (such as face brick or natural stone but excluding such construction materials as sheet aluminum, iron or concrete block of any kind or similar), with the balance being a non -manufactured natural construction material such as plank cedar or redwood". The applicant is proposing an exterior finish consisting of vinyl siding, with one-third of the units having cultured stone accents, which not in conformance with section 155.346. However, section 155.078 (C) of the ordinance does allow apartment or townhouse dwelling units constructed with exposed vertical exterior finish materials other than those provided under section 155.346 as a conditional use when: 1. The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. 2. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. 3. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Preliminary Plat: The original submission requested the subdivision of a 78 -acre unplatted parcel into 101 townhome lots and twelve (12) outlots (Outlots A through L). Outlots A -K were designated for common open space, utilities, private streets and guest parking areas to serve the proposed townhouse development. The remaining 64 -acre outlot (Outlot L) was to be reserved for storm water ponding, a section of the North Creek Greenway trail and future residential and commercial development, with the remaining 4.1 acres of property to be dedicated for Pilot Knob Road and 157th Street West right-of-way. No drainage and utility easements were identified on the original preliminary plat. Staff commented that the preliminary plat should show the dedication of draining and utility easements sufficient to serve all units within the development, either as defined or blanket easements. The applicant has submitted a revised plat that shows the subdivision of 9.9 acres into the 101 and thirteen (13) outlots. The outlots will be once again used for common open space, utilities, private streets and guest parking areas to serve the proposed townhouse development. The 64 -acre outlot as well as the public street right-of-way has been removed from the revised preliminary plat. The revised plat also includes additional property north of Blocks 9, 16, and 17. This was in an effort to bring the units in those blocks into conformance with the minimum required setbacks. Unfortunately, creating those outlots, as proposed, will not do that. Outlot L should be combined with Outlot G, H, and/or J and Otulot M should be incorporated into Outlot K. The applicant will be required to dedicate one foot (1') wide easements which restrict direct driveway access to all city streets abutting the plat except at locations approved by the City. They will also be required to dedicate to Dakota County an access restriction easement along Pilot Knob Road. Livable Communities Impact: The proposal will add 101 market -rate townhomes to the City's existing housing stock, which is consistent with the Livable Communities Act. Site Plan: The site plan indicates the construction of fourteen 4 -unit, three 5 -unit, and five 6 -unit townhouse buildings on approximately 9.9 acres. The net density for this project will be 10.2 dwelling units per acre. The applicant is proposing to develop the site in two phases, with the east 45 units in the first phase and remaining 56 units in the second phase. The dwelling units within the site will be served by private streets. One of the streets will intersect with 157th Street West in the southeast corner of the site and Johnny Cake Ridge Road in the northwest corner. This street will be aligned with Evendale Avenue to the south and will provide a full compliment of turning movements in and out of the development. The Johnny Cake Ridge Road intersection will be a right in/right out intersection only. This street will also extend to the north and will terminate at the property line. It is expected that this street will extend in the future into the property north of the site. A temporary "hammerhead" turnaround will be constructed until such time that it is extended to the north. City code requires a minimum of one and one-half parking spaces, and two garage spaces per townhouse dwelling unit. Each dwelling unit will have a minimum two -car garage and a driveway that should be able to accommodate parking of two vehicles. Fifty-one guest parking spaces are proposed for the development, which meets the minimum required rate of 1/2 -space per unit. The site plan indicates that these spaces will be nine feet wide and 20 feet long, which meets city requirements. The proposed development will meet all building setbacks with the exception of the setback along the north property line. The plan indicates a 15 -foot setback at that location for the buildings located in Blocks 9, 16, and 17. The minimum required side or rear yard setback in the "C" district is 25 feet. The applicant has indicated that they will be the likely developer of the property to the north, which may bring the three blocks into conformance. However, that is not guaranteed, therefore, the units should meet the minimum setbacks. Street Classifications/Accesses/Circulation: The 9.9 -acre townhome site is bordered by Johnny Cake Ridge Road to the west and 157th Street West to the south. Johnny Cake Ridge Road is classified as a major collector street and 157th Street West is classified as a minor collector. No direct vehicle access from the individual units in this development onto Johnny Cake Ridge Road and 157th Street West is proposed. Private streets and drives will provide vehicular access to dwelling units and circulation within the development. All the private streets/drives have been designed to provide adequate flow of vehicular traffic throughout the project area. Vehicle access from this residential project to a public street will be via a right in/right out intersections along the east side of Johnny Cake Road, and a full intersection along the north side of 157th Street West. The project is proposed to completed in two phases. The first phase will include the construction of 45 units on Blocks 13 through 22. A temporary hammerhead turnaround will be constructed at the north end of Road B as part of the first phase. A second temporary turnaround should also constructed at the west end of Road B in the first phase. Road B extend to Johnny Cake Ridge Road as part of the second phase development. That intersection will only allow for right turns in and right turns out to from the development. If Johnny Cake Ridge Road is not extended north and 153rd/155th Street West not constructed at the time of development of the second phase, the petitioner will need to provide a temporary turnaround at that intersection. Pedestrian Access: The applicant is proposing a network of internal sidewalks with connections to pathways/sidewalks adjacent to future Johnny Cake Ridge Road and 157th Street West. The sidewalk between Block 20 and 21 should be extended to 157th Street West. The applicant is also proposing to construct a 12 -foot wide trail along the east edge of the property that will connect to the existing trail along 157th Street West and will extend north into Outlot L. Initially the plan showed that individual units in Blocks 17, 18, and 19 would be connected to the trail as well as a sidewalk connection between Blocks 18 and 19. The applicant has indicated that the trail will be constructed as part of their park dedication requirements. If it dedicated as a public trail, the City will not allow sidewalks from the dwelling units to connect to the trail. They have revised their plans that have removed those connections from the units. They have added a sidewalk that will be just west of the trail that will provide access from those units and to the trail. The new sidewalk should be extended and make a connection to the proposed sidewalk along the east side of Road A. Grading and Utilities Plan: Revised development plans for this project was received in the afternoon on January 10. As of the tome of preparation, the City Engineer is in the process reviewing the revised grading and utility plans. A storm water ponding area for this development will be located to the east the site. a drainage and utility easement is proposed over the ponding area. If the easement is acceptable, the City will need to formally accept the easement by adopting a resolution. Elevation Drawings: The applicant is proposing an exterior finish that will be consist of vinyl lap siding, which is not an approved exterior finish unless by conditional use. A conditional use permit application has been submitted for consideration by the City. Please refer to the applicant's narrative for additional information on the exterior finish of the buildings. Landscape Plan: The Natural Resources Coordinator has reviewed the preliminary landscape plans and she had the following comments: 1. All evergreen trees shall be at least 15'-20' behind the trail or sidewalk connections to Johnny Cake Ridge Road and 157th Street to minimize future visibility and branch conflicts. 2. Ensure all other trees are planted a minimum of 15' from buildings and garages to allow for full growth with minimal pruning 3. Ornamental tree species are proposed in between every driveway. There will likely be future visibility/sightline issues and nuisance branches as they mature. More narrow or slender tree species, shrubs, or other perennial plantings are recommended instead. Underground utilities may also be an issue with limited space to plant in these small spaces. 4. Trees would likely live longer lives in the open green spaces around the buildings or in "front yards". 5. There are very few trees located along the northern and eastern property edges, some trees could be shifted to provide additional screening. 6. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 7. Clarify the intention of the note stating "A 15 foot landscape buffer shall be provided along all public roads" on sheet 17. 8. 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. 9. Landscaping at the NE corner of 157th and Johnny Cake will need to be relocated out of drainage and utility easements and be clear of any future traffic signal components.her comments are contained in the City Engineer's memo. Revisions should be made to the plan per her comments. She also reviewed the proposed foundation planting and commented that the plan will provide the standard mix of shrubs and perennials that will do well. The revised landscape plan shows approximately 74 trees being removed from the original landscape plan, predominantly from between each driveway location (62 less ornamental trees and 12 fewer conifers). The overall site contains adequate space for these trees to be relocated to front yard locations and along the northern and eastern boundaries. Staff is recommending that the applicant provide additional landscaping as recommended. Recreation Issues: The City's subdivision regulations provide for dedication of land or easements for the purpose of offsetting the need created by new development for new parks or storm water holding ponds. The regulations also provide for a cash -in -lieu of land dedication and is based on a "benchmark" land valuation for raw land. The applicant has indicated that the park dedication for the proposed townhome development will be satisfied by the dedication of Outlot K, trail construction in the oultot, and park dedication fees. This proposed park dedication request was presented to the Apple Valley Parks and Recreation Advisory Committee at their December meeting. Parks and Recreation Department staff and the Committee concluded that they would accept the easement and trail as part of the development's park dedication requirements and accept the remainder as cash - in -lieu of land dedication at the current requirements set forth in the City's 2019 fee schedule. Dakota County Review: Because the proposed development is located adjacent to a Pilot Knob Road (CSAH 31), it is subject to review by the Dakota County Plat Commission. This preliminary plat was reviewed by the Plat Commission at their November 26, 2018, meeting. Attached is a letter from the Commission with their findings. Public Hearing Comments: The Planning Commission held a public hearing on December 5, 2018. The hearing was opened, comments received and the hearing was closed. A synopsis of the comments and staff and the developer's responses to those comments are contained in the Summary section of this report. BUDGET IMPACT: N/A ATTACHMENTS: Applicant Letter Letter Memo Background Material Location Map Comp Plan Map Comp Plan Map Zoning Map Zoning Map Plan Set Landscaping Plan Site Plan Elevations Elevations Site Plan Pulte "THE SHORES" APPLICATION FOR: Comp Plan Amendment, Preliminary Plat, Rezoning, Site Plan Review APPLE VALLEY, MINNESOTA November 7, 2018 Introduction Pulte Homes of Minnesota, LLC ("Pulte") is pleased to be submitting this application. Pulte's company vision is "Building Consumer Inspired Homes and Communities to Make Lives Better". We are a large homebuilder with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the country: Pulte Homes, Centex Homes, and Del Webb. Pulte's Minnesota Division has an office in Eden Prairie and will sell over 500 homes in the Twin Cities in 2018, all under the Pulte Homes brand. Pulte will act as both developer of the property and builder of the homes within this new neighborhood. The primary contact for Pulte is: Paul Heuer, Director of Land Planning & Entitlement 7500 Flying Cloud Drive, Suite 670 Eden Prairie, MN 55344 952-229-0722 Paul.Heuer@PulteGroup.com The owner of the property is: Rockport LLC 14698 Galaxie Avenue Apple Valley, MN 55124 Property Legal Descriptions & Addresses Legal Description: The North 1/2 of the Southeast 1/4 of Section 35, Township 115, Range 20, Dakota County, Minnesota, except that part platted as REGENTS POINT and also excepting those parts platted as QUARRY PONDS FOURTH ADDITION and QUARRY PONDS FIFTH ADDITION. Address: 15497 Pilot Knob Road Apple Valley, MN 55124 1 Key Facts • Existing zoning is Sand and Gravel (SG) • Proposed zoning is Multiple Family Residential District (M-6) • Proposed use is 101 multiple family residential townhomes • Property area = 9.86 acres • Density = 10.2 units/acre • Maximum allowed building coverage is 25%. This application is at 20.7%. • Key dimensions o 24 -foot private streets (face to face) o 40 -foot setback along Johnny Cake Ridge Road and 157th St. West o 25 -foot setback to regional ponding outlot to the east o 25 -foot setback to the north o Distance between sides of buildings must be 15 -feet or half of the combined heights of buildings, which is 29.5 -feet. We used 30 -feet separation. o Distance between fronts, rears, or rear and sides must be 50 -feet or half of the combined heights (29.5 -feet). We used 50 -feet. Neighborhood Vision This property is well suited for multiple family residential housing due to its proximity to major transportation corridors, Quarry Point Park, the park and ride facility, retail establishments, and the future County regional trail planned immediately to the east of the neighborhood. Our vision is to target singles, young couples, young families, and even some empty nesters to own a home in a well -located area with access to many community amenities and within the highly rated RAVE school district. We have spent a considerable amount of time creating a neighborhood which is attractive and functional, while delivering an attainable price point. The above listed nearby amenities are very attractive to these home buyers. Whenever we are creating a sizable new neighborhood with townhomes, we take great care in creating variation throughout the neighborhood to make it attractive from the outside and feel livable from within. We utilized the following techniques to accomplish these goals: 1. Building Orientation - One important design attribute that can make a townhome neighborhood feel more "livable" is to vary the orientation of the buildings. This prevents the feeling of "barracks" that can sometime occur if attention is not placed on the geometric layout of the neighborhood. We have purposely utilized different strategies that result in the building orientations varying throughout the neighborhood. This variation in the orientation of the buildings is a key component in making a townhome neighborhood feel attractive and "livable." Please also note that we are positioning all garages to face inward, thereby displaying the attractive "fronts" of the buildings outward, specifically along 157th Street, Johnny Cake Ridge Road, and along the regional stormwater pond that is visible from the future retail and the trails planned through the area. 2. Entrance experience — At the primary entrance to the neighborhood off 157th St. West, we have purposely left open space on both sides of the road and beyond the first intersection. This, along with the addition of a center median, creates a pleasant and welcoming arrival to the new neighborhood. The visual impact of having open space at the first intersection is powerful and delivers a message of quality and attention to detail. 2 In addition, placing amenities at this location (discussed in the next section) increases social interaction since cars driving into the neighborhood will see neighbors who are using the amenities. 3. Private amenities - A key part of creating new neighborhoods is understanding our customers and anticipating their desires. This property is fortunate to have a very strong location surrounded by a variety of recreational, retail, and convenience -oriented amenities. Increasingly we are finding that our buyers would like social gathering areas within their neighborhoods. This is an important priority for many of our customers, and the size of this neighborhood is large enough to economically sustain such an amenity. Additional market research is necessary, but we are considering constructing a private tot lot and fire pit gathering area that will be owned and maintained by the neighborhood homeowner's association. 4. Pedestrian connectivity — A Dakota County regional trail is planned just to the east of the Shores which utilizes a tunnel beneath 157th Street West. In addition, there are sidewalks along both sides of 157th Street West, guiding pedestrians from the Shores to Quarry Point Park, the park and ride, and retail establishments to the east. A trail is planned along Johnny Cake Ridge Road as well. Within the neighborhood, we have designed a pedestrian system that conveniently connects to internal private amenities and the perimeter trail and sidewalk systems. This neighborhood is thoroughly integrated into the perimeter pedestrian systems. The applications included in this submittal pertain only to the area containing the 101 homes. However, we have also prepared and submitted a larger "ghost plat" for additional property which shows how this neighborhood could logically be expanded to the north in the future. Previous Application We submitted a Sketch Plan application for this property earlier this year and went before the Planning Commission on June 20th. Feedback was positive. Since then, the layout of the neighborhood was revised in a few minor ways to conform with City ordinances and City staff comments: 1. Perimeter setbacks were increased 2. Some internal dimensions were increased 3. Access to future Johnny Cake Ridge Road was moved slightly north Zoning & Comp Plan Guidance Existing zoning of the property is Sand and Gravel (SG). We are applying to rezone the site to Multiple Family Residential District M-6. The current 2030 Comprehensive Plan designates the site as Low Density Residential (LD) with a density of 2 to 6 units/acre and High Density Residential (HD) with a density of 12+ units/acre. The draft 2040 Comprehensive Plan designates the site as High Density Residential (HD) with a density of 12+ units/acre. The density of the Shores is 10.3 units/acre, which is similar to the overall density outlined in the 2030 Comprehensive Plan and slightly below the density outlined 3 in the 2040 Comprehensive Plan. As part of this application, we are requesting a Comprehensive Plan amendment to Medium Density Residential (MD) with a guided density range of 6 to 12 units/acre. The range of density in the M-6 zone is 8 to 10 units/acre with three-story homes. Our density is slightly higher (10.2) than this range. We are utilizing zoning ordinance section 155.080 to apply a bonus density, for which the range of densities is 10 to 12 units/acre. Density bonuses are allowed for six different categories. The Shores provides common open space (a), private outdoor space (b), sound suppression (c), and private amenities (f). However, categories a, b, and f are somewhat complicated calculations. Since we are only requesting a bonus density of 0.3 units/acre, we will show the simple calculation for item c: sound suppression. "(c) Sound suppression: 1.50 units/acre. This bonus shall be granted when multiple residential buildings are constructed with upgraded sound suppression materials in the walls, ceilings and floors which separate individual dwelling units. In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code." The Minnesota state code calls for not less than a rating of STC 45. We will be using a rating of STC 56, which is an increase of 11 or 24%. This brings the allowable density to 11.5 units/acre, well beyond the proposed 10.3 units/acre. Park Dedication The Comprehensive Plan does not show a need for additional park land in this area. It is our understanding that the City would like to build a trail around the regional pond planned to the east. The land supporting this trail equates to 0.28 acres. See attached exhibit. We are assuming that the City would like this trail built in conjunction with development of this neighborhood. Therefore, park dedication will be satisfied by a combination of fees, trail land, and trail construction. If the City does not want this trail, then we will not construct it and park dedication will be fulfilled through park dedication fees. It should be noted that the City's park dedication fees do not provide the necessary legal nexus between need and the fee amounts. It results in townhomes paying more than they should. Park needs are commonly determined by the number of people living in an area. However, your park dedication fee is calculated based on land value. On a per unit basis, multiple family homes pay a higher amount than single family homes even though on average a multiple family home has less people than a single-family home. We recommend that you revise your park dedication fees to correlate the fees with the generated demand (people per household). We also request that the Shores be credited after this change is made to your ordinance. The examples in your 2018 fee schedule result in a fee of $4,512.08/unit for townhomes and $1,935.00/unit for single family homes. From our experience, the per unit park dedication fee for multiple family homes should be significantly less than for single family homes. Infrastructure City infrastructure is in place to serve this new neighborhood. 4 157th Street West is in place to serve Phase 1. It is our assumption that extension of Johnny Cake Ridge Road will occur in conjunction with development of Phase 2. Internal streets will be designed to standard private street requirements and will be privately owned and maintained by the homeowner's association. Sewer and water have both been extended to the property. Sewer and water extended through the neighborhood will be publicly owned and maintained within drainage and utility easements. The current land owner is working with City staff on the design and construction of a regional storm water facility directly to the east of the neighborhood. Storm sewer constructed within the neighborhood will be privately owned and maintained by the homeowner's association. The current property is being mined under a Conditional Use Permit. One requirement of this permit relates to perimeter berming requirements. As part of our plan set, we are showing a relocation of existing berming from immediately north of 157 Street West to immediately north of the new neighborhood. This will result in both compliance with the existing CUP as well as providing adequate screening/buffering between the land uses. Our Homes Pulte Homes is known for the extraordinary steps that we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. We continually reach out to the public and Pulte homeowners to get feedback to improve our home designs. We call this Life Tested®. The Shores will have versatile 3 -story rowhomes, which will provide association -maintained lawn, snow removal, and building exterior maintenance. This type of home appeals to many singles, first-time home buying couples, young families, and even some empty nesters. We built almost identical homes in the Cobblestone neighborhood in 2016-2017 in "Trey Point," and the product was well received and sold out in less than 15 months. We anticipate the townhome prices to range from the high $200k's to the mid $300k's. Architecture Background For a variety of reasons, very few town homes were built after the real estate crash began in 2007. Pulte and other builders have recently begun to carefully venture back into the townhome market. Given the long time span since rowhomes in have been built, the market environment has changed significantly, including the tastes and needs of the buying public. In response, Pulte has completed in-depth consumer surveys and designed what could be considered "version 2.0" for rowhomes. "Version 1.0" Rowhome Architecture One of the original primary drivers of sales for rowhomes is that it expands the range of consumers who can afford home ownership. In "version 1.0", this was typically accomplished by having identical floor plans and many exterior units being identical in appearance. A common theme was that some or most of the units within a building would have the same exterior 5 elevation. Another common theme was to have the same color scheme or two alternating color schemes for all individual units. "Version 2.0" Rowhome Architecture With Pulte's version 2.0, our goal is to maintain some level of price attainability, but to improve on the historical rowhome architectural themes. Our overall approach is to "individualize and stylize" each unit. The result is individual units which differ in architecture from all other units within the same building and which vary in color scheme from most homes within the neighborhood. This is a significant advancement in the approach to rowhome architecture. Our new rowhome incorporates the following individualizing features: a) Significant number of and varying orientation of windows providing interest to the exterior and transparency and daylighting on the interior b) Windows and building corners are wrapped with trim c) Different types of gables d) Pediments and brackets within the gables to add interest e) Window shutters f) Porches g) Horizontal banding boards between floors to add variety and differentiation h) Articulation of each unit; each unit is offset in depth from the adjacent units by two feet; this creates shadows which visually "break up" the front of the building i) Varied color scheme for each unit and for most units within our community (for example, we may have 25 different color schemes throughout the neighborhood) The result is that each unit will appear unique and distinct. See attached photos and elevations of Elevation A. Due to the size of this neighborhood, we wish to provide additional architectural variety. Therefore, we are introducing an upgraded Elevation B that includes additional architectural treatments such as: a) Cultured stone b) Bump outs c) Dormers d) Pediments, and e) Different siding patterns/materials. See attached photos and elevations of Elevation B. We will be interspersing Elevations A and B throughout the neighborhood. Over 1/3 of the buildings will have Elevation B. We will focus on displaying Elevation B in the high visibility locations along 157th Street West, Johnny Cake Ridge Road, and along the public open space to the east. The combination of varying the building orientation, elevation, and color schemes will result in an attractive and thoughtfully planned neighborhood. 6 Architectural Compliance City ordinance describes the following architectural requirements for multiple family residential districts: 1. "The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. 2. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. 3. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block." We comply with all the above requirements. There are not many homes built within 350 feet. However, those built are single family homes that primarily utilize vinyl siding. Some homes have cultured stone accents. Our homes will also utilize vinyl siding. All buildings with Elevation B will have cultured stone accents. The materials of our homes will be comparable in grade and quality as the single-family homes. The primary difference in architecture between the adjacent single-family homes and our homes is that our garages will be hidden from public view locations. New Approach to Rowhome Floor Plans We realize that the City is primarily interested in exterior architecture. However, it is worth noting that our approach to "individualized and stylized" rowhome units extends to the interior as well. Buyers can choose from a range of options that are not typically seen in version 1.0 floor plans: a) 3 bedrooms with options for a 4th b) 2 car garages with an option for a 3rd tandem stall c) Two owner suites in lieu of one owner suite and two smaller bedrooms d) 1st floor flex room and additional bathroom We believe that floor plan versatility and individualization at the scale offered with this design is unmatched in the Twin Cities market. Building Height It should be noted that our buildings (46 -feet to roof peak) are 1 -foot taller than allowed by your ordinance (45 -feet). Therefore, we will be redesigning and redrawing our homes to have a flatter roof pitch that will meet the City ordinance. We have begun the redesign process and are including an early version of it. See attached elevations. Phasing & Schedule The following preliminary schedule for development is envisioned based on current information: Winter 2018/2019 Preliminary plat approval Summer/Fall 2019 Development of Phase 1 7 Fall 2019 Open model home and begin sales 2020 Development of Phase 2 2022-2023 Full build out See attached Phasing Plan for a graphic representation. This submittal includes: • This narrative • Application • Escrow agreement • Application fee totaling $2,253 and escrow totaling $3,063.74; Total = $5,316.74 • Mailing labels • Preliminary Plat package — plat, engineering, landscape architecture • Preliminary Plat — graphic rendering • Architectural package • Phasing plan 8 (7-•:, C O U N T Y Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 • Fax 952.891-7127 • www.co.dakota.mn.us November 28, 2018 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: THE SHORES The Dakota County Plat Commission met on November 26, 2018, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 31 (Pilot Knob Road), and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat is along CSAH 31, 157th Street West, 155th Street West, and Johnny Cake Ridge Road. The plat proposes 101 townhome lots along 157th Street West and future John Cake Ridge Road with the remaining property as one large outlot that is contiguous to CSAH 31. The right-of-way needs for a future 6 - lane divided roadway are 100 feet of half right of way. The proposed plat is dedicating the existing highway easements along CSAH 31 that meet the future needs of 100 feet of half right of way. Access control along CSAH 31 will be required at this time. However, access restriction in the future with the replatting of the outlot along CSAH 31. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 31 are 24,000 ADT and are anticipated to be 35,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, #4,467 Todd B. Tollefson Secretary, Plat Commission c: ••• •.•• ••••• •••• •• • CITY OF Apple 'Valley MEMO Public Works TO: Will Matzek, Kimley-Horn FROM: Brandon S. Anderson, PE, City Engineer DATE: January 8, 2019 SUBJECT: The Shores (Pulte) at 157th and Johnny Cake Ridge Road — Offsite Drainage Comments. Grading, Drainage and Erosion Control 1. The proposed improvements within The Shores as shown on the Preliminary Plat Submittal prepared by Alliant Engineering and the proposed improvements of the ponding area as shown on the Preliminary Stormwater Management Memorandum prepared by Kimley- Horn should correlate with each another. The following are examples of items that should match: a. Grading contours and critical elevations (e.g. NWL and HWL). b. Proposed site improvements (e.g. building pads, sidewalks, trails, etc.) c. Proposed utilities (e.g. storm sewer) d. Proposed property lines and easements 2. All work and infrastructure within public easements or right of way shall be to City standards. All storm sewer that will be publicly owned and maintained shall be constructed per the latest Apple Valley Standard Detail Plates and Technical Specifications. 3. The storm sewer stub at the intersection of Johnny Cake Ridge Road and 157th Street is designed to convey 5.5 cfs from the future Johnny Cake Ridge Road to the existing WVR- P443 near Johnny Cake Ridge Road and CSAH 46. Stormwater beyond the anticipated 5.5 cfs should be directed towards the proposed WVR-P54 per the Apple Valley Surface Water Management Plan (SWMP). Stormwater from 155th Street will be directed to the north to the future WVR-P53. The maximum allowable discharge from WVR-P53 to WVR-P54 is 2.3 cfs during the 100 -year rainfall event per the SWMP. 4. Wet ponds and pretreatment basins (both interim and full build -out) shall meet the requirements of the MPCA's Minnesota Storm Water Manual: Design Criteria for Storm Water Ponds. It is required that public safety be considered in every aspect of pond design. a. Wet Ponds i. The minimum required total storage volume (Vts) equals the sum of the volume in the permanent pool (Vpp below the outlet elevation) plus live storage allocation for water quality volume (Vwq). Vwq equals 1.0 inch of runoff per new impervious acre. It is required that the Vwq is discharged at no more than 5.66 cubic feet per second per surface area of the pond. Additional storage may be needed to meet the allowable discharge rate of 2.3 cfs per the SWMP for WVR-P54. ii. It is required that basin outlets have energy dissipation: 1. The City of Apple Valley specifies that the maximum allowable pipe velocity at basin outlets shall be 6 fps. The velocities of the proposed pretreatment basin outlet pipes exceed 6 fps. 2. It is highly recommended that where open channels are used to convey runoff to the pond, the channels be stabilized to reduce the sediment loads. iii. The WVR-P54.1 pond outlet configuration shall be modified to reflect a skimmer structure as the primary outlet and a secondary overflow structure. The skimmer structure shall be located within the embankment and have a submerged pipe into the wet pond. The skimmer structure shall be set to skim up to the 10 -year rainfall event. The skimmer structure shall provide 1' between the NWL and the top of the submerged pipe. The secondary overflow structure shall also be located within the embankment and be constructed per Apple Valley Standard Detail Plate STO-14. The rim elevation of the secondary overflow structure shall be at the HWL. Restricting stormwater flow to 2.3 cfs is preferred to be done via pipe size and slope rather than a weir wall with orifice opening to limit the potential for clogging. iv. The channel between WVR-P54.1 and WVR-P54.2 in the interim condition shall be designed to prevent erosion from occurring in the open channel. The recommended maximum velocity for overland discharge is 4 fps. b. Pretreatment Basins/Fore bays i. It is required that where a fore bay is installed, direct vehicle/equipment access be provided to the fore bay for sediment removal and other maintenance activities. A 10' wide maintenance bench, 1' — 2' above the NWL, with a maximum slope of 10% should be constructed around the entire perimeter of the pretreatment basins (as shown on the typical section included with the Preliminary Stormwater Management Memorandum dated November 27, 2018) in conjunction with the maintenance access. ii. It is recommended that the fore bays be sized to contain 10 percent of the water quality volume (Vwq) in a pool that is four to six feet deep. Note that the fore bay storage volume counts toward the total permanent pool requirement. Vwq equals 1.0 inch of runoff per new impervious acre. The typical sections of the pretreatment basins should be modified to reflect a six -foot -deep maximum permanent pool. iii. It is recommended that the fore bays be designed with a surface area equivalent to 10 percent of the pond permanent pool surface area or equivalent to 0.1 percent of the drainage area. iv. The pretreatment basin typical sections should reflect a 6' permanent pool depth. v. It is highly recommended that flows from fore bays enter the permanent pool area with non-erosive outlet conditions. 1. The outflow pipe velocities from the pretreatment basins to the wet ponds are significantly above 6 fps. To alleviate the demand on the outlet pipe, the outlet pipe should be designed with capacity to handle the 10 -year rainfall event. Rainfall events larger than the 10 - year can be conveyed to the wet ponds via an overland open channel The recommended maximum velocity for overland discharge is 4 fps. vi. Skimming shall be provided at each of the pretreatment basins to prevent floating debris from entering the main wet ponds. The outlets from the pretreatment basins shall be modified to incorporate a skimmer structure (within the embankment) and a submerged pipe in the pretreatment basin. The skimmer structure shall be set to skim up to the 10 -year rainfall event. The skimmer structure shall provide 1' between the NWL and the top of the submerged pipe. c. Maintenance Access i. It is required that adequate maintenance access be provided. The City of Apple Valley requires a minimum width of 8 feet. If feasible, it is recommended that the access be 10 feet wide, have a maximum slope of 10 percent, and be appropriately stabilized for use by maintenance equipment and vehicles. ii. It is required that the maintenance access extends to the fore bay, access bench, riser, and outlet, and allows vehicles to turn around. iii. The maintenance access should be covered by drainage and utility easement and be clearly denoted on plans. The proposed easement should be shown with the proposed grading to verify that the easement encompasses all the proposed improvements. d. Pond Buffers and Setbacks i. It is highly recommended that a pond buffer extending a minimum of 16.5 feet outward from the maximum water surface elevation of the pond be provided. Permanent structures (e.g., buildings) should not be constructed within the buffer. There appears to be an encroachment into this buffer near WVR-P54.3. An unnamed hatch is show adjacent to the proposed building and encroaching into the pond buffer. ii. Restoration/Landscape plan should indicate required buffer area above the HWL. e. Pond Emergency Spillway/EOF i. Indicate the emergency spillway path that will pass storms in excess of the ponds hydraulic design or if the permanent outlet pipe/structure fails. ii. In the case of WVR-P54, the existing North Creek Greenway Trail underpass will function as the emergency spillway and drain into Quarry Point Park. 5. This project is located in the East Lake watershed; East Lake is impaired due to phosphorus. Per the Apple Valley SWMP Policy 6.4, enhancements to the pond and filtration basin to capture dissolved phosphorus are recommended. 6. This project is within 1 mile of East Lake. Projects that drain to a water impaired for phosphorus, turbidity, TSS, DO or aquatic biota, and that are within a one -mile distance of that impaired water, are required to comply with sections 23.9 and 23.10 of the Minnesota NPDES Construction Permit. Portions of this project will be required to comply with sections 23.9 and 23.10: a. 23.9 - Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090] b. 23.10 - Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 7. The HydroCAD model reflects a Manning's roughness coefficient of 0.012. The standard Manning's roughness coefficient for concrete pipe is 0.013. 8. Verify that the proposed pretreatment basin/pond data shown on the figures matches the data in the HydroCAD model. For example, WVR-P54.5 indicates a permanent pool volume and active storage volume of 8,786 cf and 46,424 cf respectively, however, the HydroCAD model on page 93 of the Full Build -Out Condition indicates a permanent pool volume and active storage volume 8,372 cf and 40,205 cf respectively. 9. The proposed spillway weir wall design in not acceptable to the City. a. The low flow channel opening and 6" orifice openings are too susceptible to clogging. b. The approximately 8' tall concrete wall does not follow the aesthetic goals for this area. A more "natural" look is desired for a residential/commercial area that is also anticipated to receive larger amounts of pedestrian traffic from the regional trail. 10. The construction of iron enhanced sand filter benches will not be required. Additional phosphorous load reduction measures beyond 3,600 cubic feet per acre of drainage area permanent pool volume and 8 -foot maximum permanent pool depth are not required. 11. The 20' wide, 20:1 bench within the wet ponds shall be designated as a vegetative buffer, not an infiltration bench. 12. Is an elevation of the proposed trail amenity between WVR-P54.3 and WVR-P54.6 available? Freeboard will need to be checked between the amenity and the surrounding HWLs. 13. The proposed grading contours reflect areas with very steep slopes (primarily on the east side of the proposed ponds and around the proposed spillway). Are retaining wall proposed in these areas or is the grading to be modified? The maximum slope for green space to be maintained by the City is 3:1. 14. The North Creek Greenway Trail shall be designed per the standards in the MnDOT Bikeway Facility Design Manual for a 12' wide, 20 mph shared -use path. a. When between ponds and pretreatment basins, the minimum North Creek Greenway Trail corridor width shall be 28' wide (measured between HWLs): a 12' wide trail with 2' clear zone on both sides and a 6' buffer to the HWL on both sides allowing room for other trail amenities such as trees. b. The desired freeboard from adjacent pond/pretreatment basin HWLs to the North Creek Greenway Trail is 1'. 15. Additional trail segments shall be constructed around the perimeter of the ponds/pretreatment basins to create a "looping" feature. a. The desired freeboard from adjacent pond/pretreatment basin HWLs to the trails is 1' 16. The discarded volumes shown in the HydroCAD model seem very high and do not match the infiltration volumes shown in the body of the memorandum. A preliminary design of WVR-P54 done by the City estimated that the total active storage volume of WVR-P54 would be approximately 39 ac -ft. Approximately 36 ac -ft of active storage is currently provided in the proposed design. 17. The figure titled "The Shores Preliminary Plan (Full Build -Out)" in the Stormwater Management Memorandum should be revised to reflect the latest site and grading configuration. 18. Provide CAD drawings of the proposed contours and site improvements to the City Engineer. 19. Provide HydroCAD modeling files to the City Engineer. 20. The revised Stormwater Management Memorandum shall be reviewed and approved by City Engineer. 21. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Kimfey»> H F: / ; Orchard Place — Apple Valley To: From: Date: Technical Memorandum Brandon Anderson, City Engineer, City of Apple Valley, MN William D. Matzek, P.E., Kimley-Horn & Brandon Elegert, P.E., Kimley-Horn November 27, 2018 Subj: Orchard Place—Shoppes at Orchard Place and the Shores Preliminary Stormwater Management Memorandum AVR, Inc. is proposing to redevelop their existing 400-acre±gravel mine generally bound by CR -42 to the north, Pilot Knob Road to the East, 157th Street to the South, and Flagstaff Avenue to the west. The development, known as Orchard Place, is intended to be a multi -phased, multi-year redevelopment. It is anticipated as mining activities are completed in various portions of the Site, the areas will be filled and redeveloped. The location map is shown in an exhibit in the Appendix. The first phase of the redevelopment is anticipated to be the Shores developments and the Shoppes at Orchard Place. The total area of the developments is approximately 75 acres. The developments generally comprise of the southern third of the overall development and are bound by Future 155th Street to the north, Pilot Knob Road to the east, 157th Street to the south, and Johnny Cake Ridge Road to the west. The first phase of the Shores is proposed to be approximately 10 acres containing 101 townhome units. The Shoppes at Orchard Place is proposed to be an approximately 40 -acre retail development with approximately 300,000 square feet of retail. The Shores development is a proposed multi -phase townhome development which will be developed by Pulte. Phase 11 (north expansion) will consist of the construction of approximately 16 acres and 185 townhomes. The conceptual site plan is provided as part of the Appendix. This memorandum is to provide information on the existing conditions, interim conditions (after Phase 1 of the Shores development) and full build -out conditions of the Shores and Shoppes at Orchard Place. The stormwater management system is designed to meet the City of Apple Valley and Minnesota Pollution Control Agency's stormwater requirements for the proposed development. It is understood that the design is preliminary and as developments proceed, the stormwater management plan will be updated to confirm the applicable requirements are satisfied. Kimley-Horn has analyzed the drainage conditions of the Site and provides computations for applicable City of Apple Valley stormwater requirements in this memorandum. The analysis of existing and proposed drainage models was completed using HydroCAD, Version 10.00, a computer aided design system for modeling the hydrology and hydraulics of stormwater runoff. These calculations are largely based on the hydrology techniques developed by the Soil Conservation Service (SCS/NRCS), combined with other hydrology and hydraulics calculations. All calculations, hydrographs, and drainage area maps are provided in the appendix of this memorandum. Existing Conditions The area of the proposed development was previously mined by AVR, Inc. Since mining has been completed, the site has been partially filled and rough graded. To support the redevelopment of the Site, an 18" RCP storm sewer stub has been provided to the site near the recently completed ;67 Eustis treet,5uite 00,';$,a int Pa UL MN 551i 651645 4197 6516454197.„ Kimiep)Horn Orchard Place —Apple Valley Technical Memorandum trail underpass from 157th Street. The Site generally drains to a rough graded pond north of the trail underpass north of 157th Street. Based on the USDA websoil survey of the Site, the Site soils (gravel and sand) would be classified as hydrologic soil group (HSG) A. Interim Conditions The first phase of the development is proposed to be Phase i of the Shores by Pulte. The first phase of the development will consist of 101 units of townhomes located at the NEC of 157th Street and Johnny Cake Ridge Road. The development will consist of the construction of the townhomes, associated infrastructure (private/public utilities and private roadways) and landscaping. The proposed development will consist of approximately 10 acres. It is understood the preliminary plans were submitted to the City by Pulte in November 2018. Runoff from Phase 1 of the development will be directed to a proposed pre-treatment basin east of the site via overland flow and storm sewer. The pretreatment basin will allow for settlement of larger particles of sediment prior to discharging into the existing rough graded pond. Once water is discharged to the existing pond, it is anticipated that the water will infiltrate and no runoff from the pond will occur. The stormwater management best management practices (BMPs) are proposed to provide infiltration and rate control to meet the City and MPCA's requirements. Based on the web soil survey (HSG A), the interim infiltration rate is assumed to be 1.63 in/hr. This will require field tering to verify. Full Build -Out Conditions The Shores and The Shoppes at Orchard Place developments will consist of approximately 70 acres of the existing AVR gravel mine. As previously mentioned, the Shores project will consist of 110 townhome units in Phase 1 and ultimately will contain 286 townhome units on approximately 26 acres. The Shores development will also include; parking, private roadways, utilities and landscaping. The Shoppes at Orchard Place will include approximately 300,000 square feet of retail, parking, utilities, and landscaping. To support the redevelopment, two wet ponds are proposed to be constructed. The area of the wet ponds will also contain public amenities such as trails and gathering spaces. The wet ponds will provide rate control to comply with the allowable discharge of 2.3 cfs. The wet ponds are also to be sized to allow for up to 2.3 cfs of runoff from development north of 155th Street. For the purposes of this study, it is assumed that 2.3 cfs of runoff is contributing from the north of 155" Street. The base of the ponds will be lined with clay to allow for permanent pool storage. In addition to providing rate control, the ponds will also include an infiltration bench to meet the required City and MPCA infiltration requirements. The infiltration bench is proposed to contain engineered soils meeting the characteristics of an HSG Asoil with an allowable infiltration rate of 1.63 in/hr. The infiltration benches have been designed to drain within 48 hours. Atypical cross section of the wet ponds is provided in the Appendix. Water that does discharge from the Site will be discharged into an existing 18" storm sewer stub provided near the trail underpass along 157th Street. Stormwater Management Requirements '67.Eusr!s5treet suite" 00 Saint„Pau N.S:S Kimsey>>>Harn Orchard Place — Apple Valley Technical Mein orandum The City of Apple Valley's Storm Drainage Ordinance provides requirement for rate control and volume reduction. The City of Apple Valley allows for a maximum stormwater run-off of 2.3 cubic feet per second for the proposed development. Below is a summary of the runoff conditions in the interim and full build -out conditions. *The drainage resulting from the area of Pulte's Site (approximately 1.6 acres) that cannot be routed to the onsite basins will be routed to storm sewer within 157th Street and will be treated offsite. The MPCA requires volume reduction of 1" over newly constructed impervious. The City of Apple Valley also requires on-site infiltration of the first one-half inch from any rainfall event. Based on the existing conditions of the Site, the MPCA's requirements will be more stringent. The required infiltration amount is calculated utilizing the formula below: Volume of infiltration required (ac ft) = .0833 ft * Proposed impervious Area (ac) The infiltration volume provided accounts for the infiltration provided below the lowest outlet in each of the BMPs. In the interim condition, it is anticipated that infiltration will be provided with the existing excavated basin. In the full build -out condition, infiltration will be provided via infiltration benches in the proposed wet ponds. The infiltration benches for the full build -out wet ponds have been designed to draw down within 48 hours, which is consistent with the Minnesota Stormwater Manual. Below is a summary of the proposed BMPs and the infiltration provided. *Pond Proposed 100 - Year Runoff (cfs) interim Condition Discharge Rate 0 Full Build -Out Discharge Rate 1.95 *The drainage resulting from the area of Pulte's Site (approximately 1.6 acres) that cannot be routed to the onsite basins will be routed to storm sewer within 157th Street and will be treated offsite. The MPCA requires volume reduction of 1" over newly constructed impervious. The City of Apple Valley also requires on-site infiltration of the first one-half inch from any rainfall event. Based on the existing conditions of the Site, the MPCA's requirements will be more stringent. The required infiltration amount is calculated utilizing the formula below: Volume of infiltration required (ac ft) = .0833 ft * Proposed impervious Area (ac) The infiltration volume provided accounts for the infiltration provided below the lowest outlet in each of the BMPs. In the interim condition, it is anticipated that infiltration will be provided with the existing excavated basin. In the full build -out condition, infiltration will be provided via infiltration benches in the proposed wet ponds. The infiltration benches for the full build -out wet ponds have been designed to draw down within 48 hours, which is consistent with the Minnesota Stormwater Manual. Below is a summary of the proposed BMPs and the infiltration provided. Komley>>>Horn Orchard Place — Apple Valley Technical Memorandum Development Scenario Newly Created Impervious Area (Ac.) Infiltration Volume Required (Ac -ft) Infiltration Volume Provided (Ac -ft) Interim Condition (Shores Phase I) 5.3 0.44 8.73 Full Build -Out Condition 23.72 1.98 2.05 Please contact me at (651) 643-0497 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. William D. Matzek, P.E. Appendix: • Site Location Map — Ex -1 • The Shores Preliminary Plan (Full Build-Out)—Ex-2 • The Shores Phasel Drainage Map—Ex-3 • Full Build -Out Drainage Map —Ex -4 • Preliminary Wet Pond Cross Sections —Ex -5 • Interim Conditions HydroCAD Model • Full Build -Out Conditions HydroCAD Model i 1.131. g#1,4o,^D 767 Eustis Street, Suite 1.00, Saint Paul, MN 55114 65164'5 197` Kimlep>Horn Orchard Place—.fipple Valley Technical Memorandum THE SHORES PRELIMINARY PLAN (FULL BUILD -OUT) ;;It�rll' �t'e�i'kl�aT:vi 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651 645 4197 11 URI Ell 11 offlubiacimaaimmat L,..b It .1 L — t.L0? 'Of PO ..P 1,1,-L.3 I Old iS.LLL,D — saglyS \ pasaao.rewopepowan..g .5.011 IL.L1LbsoL Kimley»>Horn Orchard Place — Apple Valley Technical Memorandum THE SHORES PHASE 1 DRAINAGE MAP X010 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651 645 4197 111OH «<AalLU!N dVW 3JVNIV2ia 13SVHd S3UGHS NW 'A311VA 3lddV OVOd BON)1 loud l7NV LSM 133W.S H1LSt Y W I 0Y0d BONA 1O11d — �� I I i I 1 C L i N011011211SNO3 ddOJ ION — A8VNIW113Hd f OYU 370Id 3m7 ArrNNor Luo -oil - BOL 'LL .quunory 6"P n4€3 MoUI Q wI .IU\.1,a4.3�a6culn.O\u8isad vy.II A . dd \myV]ar3mA ,t Kmley)))Horn Orchard Place — Apple Valley Technical Memorandum FULL BUILD -OUT DRAINAGE MAP 767 Eusts Strot.t. SLt 100, ',dint Paul, MN 55114 651 645 4197 B 1Y 5.0 �iww..v..olwlwn He PM 1,11.1 Arm.au,s. .3...11.1191rienn06ri sewrwe.anwvr,vwa • 16 e MI -1 0La M %MYR NI inn 11-00 am =QM" sr rr. 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WOW: ,11. 4 w e o71 le 1 iii �� �r MALI -. leg 1E THE SHORES TOWNHOMES CURRENT COMPREHENSIVE PLAN DESIGNATION "LD" (Low Density Residential) and "HD" (High Density Residential) THE SHORES TOWNHOMES PROPOSED COMPREHENSIVE PLAN DESIGNATION "MD" (Medium Density Residential) ZONING MAP "SG" (Sand and Gravel) •PD,S32 A SG SG THE SHORES PROPOSED ZONING MAP 1.AnwAmmo ,.rte "M -6C" (Multi -Family Residential/6-12 u.p.a.) 1 1,4 ._121,61!1 !r. Aroa OM 1111. M. 111r, Anik 'r.7Fri:.1.Lae —I.\`ice .L33HS 1:13AO3 1V1IWans ltl'ld AHVNkw1131:1d V1OS3NNIW 'A3l1VA 31dd. 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', i ,f ill:. !, • • • .1•:."161111,11171/1:17: {o d w L. co a) OUTLOT M W 0 0 0 OUTLOT L P m0 �▪ m 0 —ON OUTLOT N OUTLOT H m 0 0 m� OUTLOT K OUTLOTJ 0 4 3 BLOCK 11 TLO 0 N 0 m2 m 0 9N 0 H 0 H 0 0 BLOCK 13 BLOCK 8 2 3 4 5 2 3 4 5 6 W 0 0 0 OUTLOT L P m0 �▪ m 0 —ON OUTLOT N OUTLOT H m 0 0 m� OUTLOT K OUTLOTJ 0 4 3 BLOCK 11 TLO 0 N 0 m2 m 0 9N 0 H 0 H 0 0 BLOCK 13 -- 2 3 4 5 T1 L OUTLOTJ -__ -- --_.,-1 BLOCK 14 5 1 2 3 4 _w. 2 BLOCK ROAD B OUTLOT A w_t,7 1, __ _ www_, 5 4 3 2 1 2 BLOCK 21 BLOCK 20 1 //ZFUTUREND 1 / / PARK DEDICATION 1 0.28 AC (12,191 SF) • • OUTLOT E • • • OUTLOT L 157TH STREET WEST REGENTS POINT SECOND ADDITION N 0 20 40 80 SCALE IN FEET Design File: 218-0110 Designed By: MPR Dwg Name: PARK DEDICATION Checked By. MPR Date: 12/18/18 Drawn By: ELL THE SHORES PARK DEDICATION EXHIBIT APPLE VALLEY, MINNESOTA Alliant Engineering, Inc. j733 Marquette Avenue Suite 700 Minneapolis, MN 55402 „la 612.758.3080 www.alliant-inc.com 1 6 5 4 3 2 BLOCK 20 OUTLOT E • • • OUTLOT L 157TH STREET WEST REGENTS POINT SECOND ADDITION N 0 20 40 80 SCALE IN FEET Design File: 218-0110 Designed By: MPR Dwg Name: PARK DEDICATION Checked By. MPR Date: 12/18/18 Drawn By: ELL THE SHORES PARK DEDICATION EXHIBIT APPLE VALLEY, MINNESOTA Alliant Engineering, Inc. j733 Marquette Avenue Suite 700 Minneapolis, MN 55402 „la 612.758.3080 www.alliant-inc.com 60. 600=4, 600.6 6.06 066 City of App e Val ey TO: Chairperson and Planning Commission Members FROM: Thomas Lovelace, City Planner DATE: January 16, 2019 SUBJECT: The Shores Proposed Recommendation AGENDA ITEM: 5B CASE NO.: PC18-16-PZCSB MEMO Community Development Department Below is the draft recommendations for The Shores development project. If the Planning Commission concurs staff is recommending the following actions: Recommend approval of an amendment to the 2030 Comprehensive Plan Land Map re - designating approximately 2.5 acres from "LD" (Low Density Residential/ 2-6 units per acre) and 7.3 acres from "HD" (High Density Residential/12+ units per acre) to "MD" (Medium Density Residential/6-12 units per acre). 2. Recommend the rezoning of 9.9 acres of property from "SG" (Sand and Gravel) to "M -6C" (Medium Density Residential/6-12 units per acre). 3. Recommend approval of the subdivision of 9.9 acres into 101 residential townhome lots and thirteen (13) outlots; subject to the standard requirements and conditions set forth in the City code, and the following conditions specific to this plat; a. Preliminary plat approval is subject to the appropriate amendment to the City's Comprehensive Plan Land Use Map and rezoning, which must be completed prior to final plat approval. b. Outlot L shall be incorporated into the adjacent outlots (Outlots G, H, and I) prior to final plat approval. c. Outlot M shall be incorporated into Outlot K prior to final plat approval. d. Park dedication shall be satisfied with the acceptance of the .28 -acre easement for a future trail, with the remaining dedication shall be satisfied by a cash -in -lieu of land contribution based on a benchmark land value of $175,000 per acre. e. The dedication of drainage and utility easements, which is the land the City, reasonably determines that it will need in order to provide the necessary storm water management as a result of this subdivision. f Storm water pond dedication requirements shall be provided in accordance with adopted City standards for storm water management. This dedication shall be satisfied by a land contribution to serve the plat as determined by the City Engineer. g. The area that includes the storm water ponds shall be dedicated to the City as a separate Outlot. h. The proposed storm water ponding easement should be shown with the proposed grading to verify that the easement encompasses all the proposed improvements. i. The applicant shall construct all storm water ponding necessary to serve this plat prior to issuance of any building permits for buildings/dwelling units contained within the plat. j. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. The applicant shall enter into an agreement with the City for payment of the design of said municipal improvements. k. The applicant shall be responsible for the costs of design and installation of all public and private utilities and streets necessary to serve the plat. 1. The proposed subdivision requires the construction of Johnny Cake Ridge Road north to 155th Street and the construction of a roundabout at the intersection (the "Road Improvements") to provide a secondary access. The applicant shall be responsible for the cost to design the Road Improvements and shall be responsible to either complete the construction of the Road Improvements and provide the City with a letter of credit sufficient to assure completion according to City specifications, or agree to the assessable cost attributable to the subdivision, as determined by the City Engineer, in conjunction with a city council approved public improvement project to construct the Road Improvements. m. Dedication of one foot (1') wide easements, which restricts direct driveway access to Johnny Cake Ridge Road and 157th Street West. 4. Recommend approval of a conditional use permit to allow for townhome construction with exposed finish materials other than those provided under section 155.346 of the city code; subject to the following: a. The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. b. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. c. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. 5. Recommend site plan/building authorization approval to allow for construction of 101 townhome dwelling units on 9.9 acres; subject to the standard requirements and conditions set forth in the City code, and the following conditions specific to this development project; a. Approval and issuance of this permit is subject to completion of the amendment process of the Comprehensive Plan Map to "MD" and the subsequent rezoning of the property to "M -6C". b. Construction shall occur in conformance with the site plan dated January 10, 2019, including parking lot paving and a non -surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement. c. A sidewalk connection shall be made from Lot 4, Block 19 building to sidewalk along the east side of Road A. d. A sidewalk connection between units in Blocks 20 and 21 shall be made to the pathway along the north side of 157th Street West. e. All temporary motor vehicle turnarounds associated with any phasing of the development shall be approved by the City prior to its construction. f Construction shall occur in conformance with the landscape plan dated January 10, 2019, (including sodded/seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape planting price list for verification of the City's 21/2% landscaping requirement at the time of building permit application and revisions identified in the January 16, 2019 staff report. g. 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; subject to the applicant submitting a copy of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. h. The applicant shall construct all storm water ponding necessary to serve this development prior to issuance of any building permits for buildings/dwelling units i. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday through Friday. Weekend construction hours shall not be allowed. j Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. k. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. Also, included with the recommendations are copies of the City Engineer's review memos. CITY OF App ell Valley TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: January 16, 2019 SUBJECT: The Shores (Pulte) at 157th Street and Johnny Cake Ridge Road. General MEMO Public Works 1 Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 2. All work and infrastructure within public easements or right of way shall be to City standards. A public improvement project will be required for sanitary sewer and water main as well as Johnny Cake Ridge Road and 155th Street. 3. A design agreement will be required for the design of the public utilities by City Staff. 4. Funding of all residential streets and base utilities is expected to be the responsibility of the developer. Funding for collector streets and trunk utilities will be included as part of the development agreement and will be shared with the City of Apple Valley. 5. Funding of designated turn lanes at the access points off Johnny Cake Ridge Road is expected to be the responsibility of the developer. 6. Access Restriction Easement will be required along Johnny Cake Ridge Road, 155th and 157th Streets as part of the Development Agreement in accordance with access spacing guidelines set by City Engineer. 7. Preliminary Plat should include required drainage and utility easements. 8. The area that includes the storm water ponds shall be dedicated as a separate Outlot and dedicated to the City. The proposed easement should be shown with the proposed grading to verify that the easement encompasses all the proposed improvements. 9. As stated in the Preliminary Plat Application Narrative dated November 7, 2018 (received November 19, 2018), sanitary sewer and water main extended through the neighborhood will be publicly owned and maintained within drainage and utility easements. Storm sewer constructed within the neighborhood will be privately owned and maintained by the homeowner's association. Permits 10. 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. 11. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 12. Provide a copy of any other required permits. 13. The City of Apple Valley will procure a sanitary sewer extension permit from the MPCA and an approval from the Minnesota Department of Health for public water main as part of public improvement project associated with public sanitary sewer and water main extension. Siterraffic 14. Site plan should show site line triangles at access entrances as well as on the landscape plan. The site triangles should be shown according to the guidelines described in section 5- 2.02: Intersection Sight Distance of the MN DOT Road Design Manual. Note that 157th Street at the intersection of Road A is a 40 -mph roadway. Johnny Cake Ridge Road north of 157th Street is anticipated to be a 40 -mph roadway. 15. As stated in the Preliminary Plat Application Narrative dated November 7, 2018 (received November 19, 2018), internal streets will be designed to standard private street requirements and will be privately owned and maintained by the homeowner's association. 16. Temporary Cul -de -Sac or hammerhead will be required at phasing line as part of Road B. 17. The development as proposed (101 townhomes in) results in 723 trips daily in and out of the development. Total of 60 trips during the peak hour (PM). a. Additionally, the Quarry Ponds development to the west (61 single family homes) results in 660 trips daily. The traffic volume as part of development of 101 units would not be anticipated to meet any warrants for a traffic control change from an all -way stop at Johnny Cake Ridge Road and 157th Street at this time. A Traffic signal is still anticipated at 157th and Johnny Cake Ridge Road and Johnny Cake Ridge Road and 160th Street (CSAH 46) in the future. 18. A northbound right lane at the right-in/right-out on Johnny Cake Ridge Road will need to be constructed with this development. a. The proposed Right-in/Right-out (RIRO) on Johnny Cake Ridge Road north of 157th Street shall be Per Design of Turn Lane Guidelines, the right turn lane should be 1:10 taper (110') plus 205' full tum lane = 315' 19. Proposed full access on 155th Street: a. Access spacing would indicate that the next full access be spaced at 1/8 mile (660 ft.) per access management guidelines b. Based on Pilot Knob Road and the pond locations, recommend accesses on 155th Street at the locations identified in the sketch plan review. c. Per Design of Turn Lane Guidelines (assumes up to 40 mph on 155th): i. The eastbound right turn lane should be 1:10 taper (110') plus 130' full turn lane = 240' ii. The westbound left turn lane should be 1:10 taper (110') plus 165' full turn lane = 275' 20. Indicate the design speed of the proposed private roads. Some of the proposed vertical curves appear to be below the minimum vertical curve length for a 20 -mph roadway per MN DOT standards. 21. An additional sidewalk connection should be made from Lot 4, Block 19 building to road A sidewalk. 22. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage, and Erosion Control 23. See supplemental comments regarding offsite drainage. 24. Additional Berms and screening is required for lots adjacent to a major collector roadway (Johnny Cake Ridge Road). 25. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 26. Public Sanitary Sewer is stubbed into the site from 157th and Everglade Avenue. Additional service connection is required offJCRR. 27. Final sanitary sewer design and construction plans shall be done by the City of Apple Valley. 28. It is anticipated that each townhome unit will have its own sewer and water service in accordance with City of Apple Valley Standard Detail Plates SER -1 and SER -IA. Water main 29. Final water main design and construction plans shall be done by the City of Apple Valley. 30. Public water main is stubbed into the site from 157th and Everglade Avenue. Additional 8" service connection is required offJCRR. Water main will need to be extended from 157th and JCRR to provide water main loop to serve this site. 31. Proposed hydrant locations will be evaluated during final design for coverage and water main maintenance. 32. Confirm that water services are to be 2" copper as indicated on note 11. Similar past townhome developments within Apple Valley have only required 1.5" copper. 33. Verify water service sizing and fire sprinkler requirements for townhome units. Storm Sewer 34. The City of Apple Valley will evaluate the crossings between the proposed public water main and private storm sewer during final design. Coordinate with City of Apple Valley during final design to resolve conflicts between water main and storm sewer. 35. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 36. All evergreen trees shall be at least 15'-20' behind the trail or sidewalk connections to Johnny Cake Ridge Road and 157th Street to minimize future visibility and branch conflicts. 37. Ensure all other trees are planted a minimum of 15' from buildings and garages to allow for full growth with minimal pruning. 38. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 39. 40. Additional landscaping is requested between the sidewalk and 10' trail along Blocks 17-19. 41. 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. 42. Landscaping at the northeast corner of 157th and Johnny Cake Ridge Road will need to be relocated out of drainage and utility easements and be clear of any future traffic signal components. 43. Depict the pond buffer above the HWL as shown in the Storm water Management Memorandum. 000 0006 0660e 0060 000 CITY OF App e, Val ey TO: FROM: DATE: Tom Lovelace, City Planner Brandon S. Anderson, PE, City Engineer January 16, 2019 MEMO Public Works SUBJECT: The Shores (Pulte) at 157th and Johnny Cake Ridge Road — Offsite Drainage Comments. Grading, Drainage and Erosion Control All work and infrastructure within public easements or right of way shall be to City standards. All storm sewer that will be publicly owned and maintained shall be constructed per the latest Apple Valley Standard Detail Plates and Technical Specifications. 2. The storm sewer stub at the intersection of Johnny Cake Ridge Road and 157th Street is designed to convey 5.5 cfs from the future Johnny Cake Ridge Road to the existing WVR- P443 near Johnny Cake Ridge Road and CSAH 46. Stormwater beyond the anticipated 5.5 cfs should be directed towards the proposed WVR-P54 per the Apple Valley Surface Water Management Plan (SWMP). Stormwater from 155th Street will be directed to the north to the future WVR-P53. The maximum allowable discharge from WVR-P53 to WVR-P54 is 2.3 cfs during the 100 -year rainfall event per the SWMP. 3 Wet ponds and pretreatment basins (both interim and full build -out) shall meet the requirements of the MPCA's Minnesota Storm Water Manual: Design Criteria for Storm Water Ponds. It is required that public safety be considered in every aspect of pond design. a. Wet Ponds i. The minimum required total storage volurne (Vts) equals the sum of the volume in the permanent pool (Vpp below the outlet elevation) plus live storage allocation for water quality volume (V,..1). V" equals 1.0 inch of runoff per new impervious acre. It is required that the V„ is discharged at no more than 5.66 cubic feet per second per surface area of the pond. Additional storage may be needed to meet the allowable discharge rate of 2.3 cfs per the SWMP for WVR-P54. ii. It is required that basin outlets have energy dissipation: 1. The City of Apple Valley specifies that the maximum allowable pipe velocity at basin outlets shall be 6 fps. The velocities of the proposed pretreatment basin outlet pipes exceed 6 fps. 2. It is highly recommended that where open channels are used to convey runoff to the pond, the channels be stabilized to reduce the sediment loads. iii. The WVR-P54.1 pond outlet configuration shall be modified to reflect a skimmer structure as the primary outlet and a secondary overflow structure. The skimmer structure shall be located within the embankment and have a submerged pipe into the wet pond. The skimmer structure shall be set to skim up to the 10 -year rainfall event. The skimmer structure shall provide 1' between the NWL and the top of the submerged pipe. The secondary overflow structure shall also be located within the embankment and be constructed per Apple Valley Standard Detail Plate STO-14. The rim elevation of the secondary overflow structure shall be at the HWL. Restricting storm water flow to 2.3 cfs is preferred to be done via pipe size and slope rather than a weir wall with orifice opening to limit the potential for clogging. iv. The channel between WVR-P54.1 and WVR-P54.2 m the interim condition shall be designed to prevent erosion from occurring in the open channel. The recommended maximum velocity for overland discharge is 4 fps. b. Pretreatment Basins/Fore bays i. It is required that where a fore bay is installed, direct vehicle/equipment access be provided to the fore bay for sediment removal and other maintenance activities. A 10' wide maintenance bench, 1' — 2' above the NWL, with a maximum slope of 10% should be constructed around the entire perimeter of the pretreatment basins (as shown on the typical section included with the Preliminary Stormwater Management Memorandum dated November 27, 2018) in conjunction with the maintenance access. ii. It is recommended that the fore bays be sized to contain 10 percent of the water quality volume (V") in a pool that is four to six feet deep. Note that the fore bay storage volume counts toward the total permanent pool requirement. V" equals 1.0 inch of runoff per new impervious acre. The typical sections of the pretreatment basins should be modified to reflect a six -foot -deep maximum permanent pool. iii. It is recommended that the fore bays be designed with a surface area equivalent to 10 percent of the pond permanent pool surface area or equivalent to 0.1 percent of the drainage area. iv. The pretreatment basin typical sections should reflect a 6' permanent pool depth. v. It is highly recommended that flows from fore bays enter the peifflanent pool area with non-erosive outlet conditions. 1. The outflow pipe velocities from the pretreatment basins to the wet ponds are significantly above 6 fps. To alleviate the demand on the outlet pipe, the outlet pipe should be designed with capacity to handle the 10 -year rainfall event. Rainfall events larger than the 10 - year can be conveyed to the wet ponds via an overland open channel. The recommended maximum velocity for overland discharge is 4 fps. vi. Skimming shall be provided at each of the pretreatment basins to prevent floating debris from entering the main wet ponds. The outlets from the pretreatment basins shall be modified to incorporate a skimmer structure (within the embankment) and a submerged pipe in the pretreatment basin. The skimmer structure shall be set to skim up to the 10 -year rainfall event. The skimmer structure shall provide 1' between the NWL and the top of the submerged pipe. c. Maintenance Access i. It is required that adequate maintenance access be provided. The City of Apple Valley requires a minimum width of 8 feet. If feasible, it is recommended that the access be 10 feet wide, have a maximum slope of 10 percent, and be appropriately stabilized for use by maintenance equipment and vehicles. ii. It is required that the maintenance access extends to the fore bay, access bench, riser, and outlet, and allows vehicles to turn around. iii. The maintenance access should be covered by drainage and utility easement and be clearly denoted on plans. The proposed easement should be shown with the proposed grading to verify that the easement encompasses all the proposed improvements. d. Pond Buffers and Setbacks i. It is highly recommended that a pond buffer extending a minimum of 16.5 feet outward from the maximum water surface elevation of the pond be provided. Permanent structures (e.g., buildings) should not be constructed within the buffer. ii. Restoration/Landscape plan should indicate required buffer area above the HWL. e. Pond Emergency Spillway/EOF i. Indicate the emergency spillway path that will pass storms in excess of the ponds hydraulic design or if the permanent outlet pipe/structure fails. ii. In the case of WVR-P54, the existing North Creek Greenway Trail underpass will function as the emergency spillway and drain into Quarry Point Park. 4. This project is located in the East Lake watershed; East Lake is impaired due to phosphorus. Per the Apple Valley SWMP Policy 6.4, enhancements to the pond and filtration basin to capture dissolved phosphorus are recommended. 5. This project is within 1 mile of East Lake. Projects that drain to a water impaired for phosphorus, turbidity, TSS, DO or aquatic biota, and that are within a one -mile distance of that impaired water, are required to comply with sections 23.9 and 23.10 of the Minnesota NPDES Construction Permit. Portions of this project will be required to comply with sections 23.9 and 23.10: a. 23.9 - Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity m that portion of the site temporarily or permanently ceases. [Minn. R. 7090] b. 23.10 - Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 6. The Hydro CAD model reflects a Manning's roughness coefficient of 0.012. The standard Manning's roughness coefficient for concrete pipe is 0.013. 7. Verify that the proposed pretreatment basin/pond data shown on the figures matches the data in the Hydro CAD model. For example, WVR-P54.5 indicates a permanent pool volume and active storage volume of 8,786 cf and 46,424 cf respectively, however, the Hydro CAD model on page 93 of the Full Build -Out Condition indicates a permanent pool volume and active storage volume 8,372 cf and 40,205 cf respectively. 8. The proposed spillway weir wall design in not acceptable to the City. a. The low flow channel opening and 6" orifice openings are too susceptible to clogging. b. The approximately 8' tall concrete wall does not follow the aesthetic goals for this area. A more "natural" look is desired for a residential/commercial area that is also anticipated to receive larger amounts of pedestrian traffic from the regional trail. 9. The North Creek Greenway Trail shall be designed per the standards in the MN DOT Bikeway Facility Design Manual for a 12' wide, 20 mph shared -use path. a. When between ponds and pretreatment basins, the minimum North Creek Greenway Trail corridor width shall be 28' wide (measured between HWLs): a 12' wide trail with 2' clear zone on both sides and a 6' buffer to the HWL on both sides allowing room for other trail amenities such as trees. b. The desired freeboard from adjacent pond/pretreatment basin HWLs to the North Creek Greenway Trail is 1'. 10. Additional trail segments shall be constructed around the perimeter of the ponds/pretreatment basins to create a "looping" feature. a. The desired freeboard from adjacent pond/pretreatment basin HWLs to the trails is 1' 11. The discarded volumes shown in the Hydro CAD model seem very high and do not match the infiltration volumes shown in the body of the memorandum. A preliminary design of WVR-P54 done by the City estimated that the total active storage volume of WVR-P54 would be approximately 39 ac -ft. Approximately 36 ac -ft of active storage is currently provided in the proposed design. 12. Provide CAD drawings of the proposed contours and site improvements to the City Engineer. 13. Provide Hydro CAD modeling files to the City Engineer. 14. The revised Stoilowater Management Memorandum shall be reviewed and approved by City Engineer. 15. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. January 16, 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, 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 Wednesday, February 20, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, January 23, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, February 6, 2019 Next City Council Meetings: Thursday, January 24, 2019 - 7:00 p.m. Thursday, February 14, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A