HomeMy WebLinkAbout02/06/2019•••
••••
Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
February 6, 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 16, 2019, Regular Meeting
B. Time Square Shopping Center - Portillo's - PC18-35-SCGFB
Consider a Side Setback Variance of 11.5' for the Retained 9,700 sq. ft.
Building on Lot 2, Block 1, Cedar Retail Addition
Location: 7525 -7665 148th St. W & 7530 - 7564 149th St. W.
Petitioner: Interstate Development Corp.
4. Public Hearings
A. Ordinance Amending City Code Title XV, Chapter 155 Zoning, Related to
Building Construction Standards, Fences and Accessory Structures -
P C 19-01-Z
Location: City-wide
Petitioner: City of Apple Valley
5. Land Use / Action Items
A. Springs at Cobblestone Lake Sign Variances - Consider Variances to
Allow for a 20 -Foot Tall Monument Sign to be Located Less Than 30
Feet From a Residence - PC 19-02-V
Location: 15899 Elmhurst Lane
Petitioner: Continental 432 Fund, LLC
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, February 20, 2019 -
7:00 p.m.
Next City Council Meeting - Thursday, January 14, 2019 - 7:00 p.m.
7. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www.cityofapplevalley.org
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App Valil
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
February 6, 2019
Consent Agenda
Description:
Approve Minutes of January 16, 2019, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve minutes of regular meeting of January 16, 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 16, 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,
Planner/Economic Development Specialist Alex Sharpe and Department Assistant
Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the
agenda. Ayes - 7 - Nays - 0.
3. CONSENT ITEMS
Chair Melander asked for his comments related to Panera be enter into the minutes of January 9,
2019.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, approving the
minutes of the meeting of January 9, 2019 as amended. Ayes - 7 - Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, adopting
Resolution No. 2019-01 setting a public hearing at 7:00 p.m. on February 6, 2019, to
consider amendments to Title XV Land Usage, Chapter 155 Zoning, of the City
Code related to accessory buildings, fences and building construction. Ayes - 7 -
Nays - 0.
4. PUBLIC HEARINGS
A. TLM Realty Lot Subdivision — PC18-34-SF
At 7:04 p.m. Chair Melander continued the public hearing from December 19, 2018.
Planner/Economic Development Specialist Alex Sharpe stated TLM Realty Holdings, LLC, is
requesting approval of a preliminary and final plat to create a 22,690 sq. ft. lot in front of the
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 2 of 12
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 19, 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.
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.
Andrew Thompson, Attorney with Barna, Guzy and Steffen, representing Regency Center, said the
subdivision did not identify a user at the time the application was submitted. Regency Center is
concerned how this will affect site lines, property value, health, safety and wellness, and conditional
use permits that would be needed. He added it makes it difficult to respond not knowing details to
properly evaluate the issues. Regency does not know the design of the building or footprint,
structure and landscaping or the actual use of the building and parking could be a concern because
whatever the use of the lot is the parking could spill over into Regency Center's lot.
Nick Koglin, Manager of Investments at Regency Center, expressed concern of the subdivision and
due to the holidays they were not able to work with their engineers to evaluate the real implications
of this subdivision. Certain studies cannot be conducted during peak hours and holiday seasons.
He expressed concern for the parking. He does not know what could happen here and what parking
demands would be like because there was no site plan presented. He would like TLM to expand
their subdivision by 50 feet.
Chair Melander inquired if they had spoken with the applicant, TLM.
Mr. Koglin said they have not spoken with them directly on this matter.
Commissioner Alwin commented that Regency is asking the Commission to reject the application
based on speculation of what TLM's future development might be. He said the Commission's
obligation is to act on the actual application and imposing conditions that change the size or change
the scope of the subdivision is not the application that TLM has put in front of them. He added that
Regency Center owns 400+ centers and assumed that makes Regency pretty savvy operators of
these facilities. He said it is not a secret that Regency did not own the TLM parcel. He said
whatever representation was made to tenants, knowing Regency did not own the TLM property, that
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 3 of 12
is not something the City can deal with. He agreed with Chair Melander that there should have been
discussions with TLM. He said this is a matter between two private parties. He said he struggles
with what Regency is asking the Commission to do and within the law of what they have to do
which is rule on an application in front of them.
Mr. Koglin answered that they understand that any representations they may or may not make,
which in this case, he would not say they did.
Commissioner Alwin commented the Commission cannot referee what is going on between to
property owners.
Mr. Koglin said they think from the bases of good planning, and it is just his opinion, that he looks
at it and it is a vacant box and they had a real challenge. They have a relationship with every one of
their own tenants. They had tried many times to get that box leased over the years. He stated that
thankfully this re -development plan has been well received by the retail community. They do not
want to find out that when they make multi-million dollar investments into an asset that neighboring
impediments can come up without really much verification of what they are going to be other than a
concept box on a parking lot.
Commissioner Alwin said you are aware of what the City code provides and we cannot referee that.
Mr. Koglin said their request is for a municipality, like the Planning Commission, to approve on
condition. Their request was conditional approval. If it needs to be a rejection in the City of Apple
Valley they would be more than willing to work with TLM hereafter.
Commissioner Alwin said you received the public hearing notice and you are putting the City in a
difficult spot with the request.
Mr. Koglin said Regency has real concerns for what this ultimately means. He said this is a great
addition to TLM's property. They do not have an overall objection for TLM to have a outlot in this
vicinity but their challenge is what is that outlot and how does it impact their own recently
developed asset.
Commissioner Alwin said the more appropriate time to bring it up would be when the site
plan/building permit is pending.
Ryan Anderson, ISG representing the applicant, TLM, as the engineer on the project, said they have
met with City staff and went through any comments and adjusted the site plan accordingly. They
have on the side privately looked at somethings they (TLM) can do to ease Regency's concerns, but
that would be a private matter.
Commissioner Alwin again suggested for the two parties to talk.
Marc Simpson, Attorney with Stinson Leonard Street representing TLM, said the objections raised
by Regency are a matter of private agreement between parties that needs to be worked out. He
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 4 of 12
thinks comments made by Regency are pre -mature and all those comments would be more
appropriately addressed to the site plan application that would be submitted later. He said in terms
of the parties talking, no they did not. TLM had made it clear to Regency two years ago that they
intended to develop this outlot parcel. He agrees the parties should talk and TLM has reached out to
Regency but there was no response to letters sent.
Chair Melander closed the public hearing at 7:31 p.m.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
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.
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 5 of 12
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.
Ayes -7 -Nays -0.
5. LAND USE/ACTION ITEMS
A. Time Square Shopping Center — Portillo's — PC18-35-SCGFB
Planner/Economic Development Specialist Alex Sharpe stated 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.
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. 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 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. A public hearing for the conditional use permit for
the drive-through lanes was held on December 19, 2018. He reviewed the public hearing comments
and concerns.
Discussion followed.
Lonnie Provencher, Interstate Development Corp., said he was available to answer any questions.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 6 of 12
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
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.
Ayes -7 -Nays -0.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
approval of a Site Plan and Building Permit authorization for an 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 2 1/2% 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.
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 7 of 12
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.
Ayes -7 -Nays -0.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
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 2 1/2% 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.
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 8 of 12
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.
Ayes -7 -Nays -0.
B. The Shores — PC18-16-PZCSB
City Planner Tom Lovelace stated the applicants, Pulte Group, Inc. and Rockport LLC, are
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 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.
Mr. Lovelace said a public hearing for the Comp Plan amendment, rezoning, subdivision and
conditional use permit requests was held on December 5, 2018, and he reviewed the comments and
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 9 of 12
concerns. He described the site plan, street circulation, pedestrian access, grading and utilities
plans, elevation drawings, and landscape plan.
Discussion followed.
Paul Heuer, Plute Homes, provided additional information and was available for any questions.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
approval of an amendment to the 2030 Comprehensive Plan Land Map redesignating
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). Ayes - 7 - Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
the rezoning of 9.9 acres of property from "SG" (Sand and Gravel) to "M -6C"
(Medium Density Residential/6-12 units per acre). Ayes - 7 - Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
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.
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
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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.
Ayes -7 -Nays -0.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
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.
Ayes -7 -Nays -0.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending site
plan/building authorization approval to allow for construction of 101 townhome
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 11 of 12
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 2 1/2% 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.
1. Watering to control dust shall occur as needed and whenever directed by the
Apple Valley Building Official or Zoning Administrator.
Ayes -7 -Nays -0.
6. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
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Dakota County, Minnesota
Planning Commission Minutes
January 16, 2019
Page 12 of 12
Community Development Director Bruce Nordquist stated that the next regular Planning
Commission meeting would take place Wednesday, February 6, 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 Burke moved, seconded by Commissioner Diekmann to adjourn the
meeting at 8:25 p.m. Ayes - 7 - Nays - 0.
Respectfully Submitted,
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
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App Valil
ley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.B.
February 6, 2019
Consent Agenda
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 side setback variance of 11.5' for the retained 9,700 sq. ft.
building where 15' is required on Lot 2, Block 1, Cedar Retail Addition subject to the
following conditions:
1. The new exterior wall shall meet all building code requirements.
2. Construction shall occur in conformance with the site plan dated 1-30-19.
SUMMARY:
The Planning Commission previously recommended approval of an 8' side setback variance
for this lot on January 16, 2019. However, upon further study the applicant, Interstate
Development, has requested a larger variance to construct an exterior wall for the
existing/retained building. The request for an 11.5' variance allows for the construction of a
new exterior wall next to the existing tenant without disturbing the tenant space.
The current location of the property line intersects the existing building and has a 0' setback.
This can be seen in the location map attached to this memo. As the setback is being
increased, staff is supportive of the variance as long as the new wall is designed to meet
building code requirements.
BACKGROUND:
The Planning Commission provided a recommendation of approval for three actions on
January 16, 2019. A site plan/building permit authorization for Lot 2, Block 1 Cedar Retail
Addition, a Conditional Use Permit for a drive through and a site plan/building permit
authorization for Lot 3 Block, 1, Cedar Retail Addition. Included as conditions of the site
plans were variances to the side setback for lot 2, and a parking stall depth variance on lots 2
and 3.
As the applicant is requesting amending the side setback variance the Planning Commission
is required to review this alteration and provide a recommendation to the City Council.
The applicant has stated that the need for this additional variance is due to the wall
construction of the existing building. The original setback was from the tenant wall to the
property line. This wall was not intended to be an exterior wall, and is not able to meet
requirements. A new exterior wall that is load bearing is required to be constructed. The
applicant is seeking to disturb tenants as little as possible, and as such is seeking a greater
variance to construct this wall outside of the tenant space.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Area Map
Zoning Map
Site Plan
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App Valil
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
February 6, 2019
Public Hearings
Description:
Ordinance Amending City Code Title XV, Chapter 155 Zoning, Related to Building Construction
Standards, Fences and Accessory Structures - PC 19-01-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:
1. Open public hearing, receive comments, close public hearing.
While it is the policy of the Planning Commission to not act on an item on the night of
its public hearing, this item is primarily a housekeeping item and is not expected to
have any outstanding issues. If there are no outstanding questions or issues, the
Planning Commission is asked to make the following motion:
• Recommend approval of the draft ordinances amending City Code Title XV Land
Usage, Chapter 155 Zoning related to accessory buildings, fences and building
construction.
SUMMARY:
The Minnesota State Building Code (MSBC) was updated in 2015 and certain elements of
the MSBC now conflict with some of the provisions of the City Code Zoning Chapter. The
Planning Commission is asked to consider amendments to City Code Chapter 155, the
Zoning Chapter, to bring the zoning code into compliance with the State Building Code
related to building construction, fences and accessory buildings.
BACKGROUND:
The proposed amendments to the zoning code will make the zoning code better align with the
provisions of the Minnesota State Building Code (MSBC). The following amendments are
proposed:
1. Property Maintenance - Building Construction Requirements
Sect. 155.360(D)(2) Property Maintenance
Provision is added to ensure that accessory buildings and structures are constructed and
maintained with materials and methods that prevent storm damage, water infiltration and
decay. The provision prohibits the use of temporary material for building exteriors and
roofs and ensures the completion of construction projects. The long-term use of house
wrap material, tar paper, tarps or similar materials is prohibited. Exteriors must be
maintained with paint, stain or siding and roofs must be covered with shingles or other
materials acceptable under the MSBC.
2. Fences
Sect. 155.003 Definitions
The definition of "Fence" is modified by removing a provision related to building
permits. Building permits for fences are addressed in a different section of the code.
Sect. 155.351(A) Fences; Permits and Location
Amends the requirement when a building permit is needed to construct a fence. The
requirement is increased from six feet (6') to seven feet (7') to comply with the current
MN Building Code provisions. Language is also amended to state that a building
permit is required for a fence unless otherwise exempted by the MSBC.
3. Accessory Buildings
Sect. 155.332(A) Accessory Buildings and Structures - Building Permit
Provisions under which a building permit is required for construction of an accessory
building. The requirement is updated to state that a building permit is required to
construct an accessory building that is 200 sq. ft. or larger. This update brings the
zoning code into compliance with the MSBC.
Sect. 155.332(D) Accessory Buildings - Setbacks and Placement
The requirements for accessory building setbacks and placement are amended so that
buildings in all "R" districts must be located a minimum of five feet (5') from an interior
side property line, 20' from a street side property line, and 10' from the rear property
line. Only a garage would be permitted in the front yard; all other accessory buildings
would be required to be located in the side yard or rear yard.
Previously, accessory buildings larger than 120 sq. ft. were required to comply with the
setback requirements of the zoning district. In the R-3 district, the district containing
most of the City's single family housing units, the setback is 5' to the side yard. But it
should be noted that side yard setback for an accessory building in the "R-1" (Single
family, 40,000 sq. ft. min. lot size) was previously 20' and in the "R-2" (Single family,
18,000 sq. ft. min. lot) district was 10'. The proposed 5' side yard setback provides a
uniform requirement across all R districts, but now allows for closer placement of
accessory buildings in the larger lot subdivisions. Today approximately 365 parcels of
the City's total 10,600 detached single family dwelling units are zoned either "R-1" or
"R-2", or 3.4% of the City's housing stock.
Sect. 155.332(I) Accessory Building - Anchoring
The Building Official asked that the current provision of the zoning code be removed
related to anchoring of accessory buildings. The current requirement states that all
accessory buildings must be "suitably anchored" to the ground. He states that the
zoning provision is vague and anchoring is more specifically addressed in the MSBC.
Sect. 155.332(J) Accessory Buildings Construction and Maintenance
Provisions identical with 155.360 above related to accessory building construction and
maintenance. Again, all accessory buildings must be constructed and maintained with
materials and methods that prevent storm damage, water infiltration and decay.
Sect. 155.053(B) Permitted Accessory Uses (One -Family Residential District)
Currently, residents located in the "R" (Residential) zoning districts are allowed to have
one small accessory building of 120 sq. ft. or less and one large accessory building up
to 750 sq. ft. This allows for a detached garage and garden shed. The proposed
amendment would increase the size of the "small" building from 120 sq. ft. to 144 sq.
ft. This would allow up to a 12' x 12' shed in addition to a larger detached accessory
building.
Currently, any building 200 sq. ft. or smaller does not require a building permit.
Normally the threshold for the size of the "small" building was based on the size of
building that did not require a building permit under the MSBC. Staff is concerned that
allowing the size of the "small" building up to 200 sq. ft. would be a significant change
to the code and essentially allow for a 10 x 20' building in addition to a detached
garage. This would impact impervious surface coverage and would be a more
substantial structure than a simple garden shed.
Sect. 155.053(B) Permitted Accessory Uses (One -Family Residential District)
A definition is added to clarify how the size of the accessory buildings are determined.
In cases where the roof overhang exceeds 24", the City will calculate the roof area
rather than the building area. This helps to address situations when homeowners wish to
have small sheds with large roof overhang for shade or additional outdoor storage. The
MSCB states that size of an accessory building is based on the building floor area.
This amendment in the zoning code will be used to help address rare cases when
homeowners wish to construct unique structures.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Ordinance
Ordinance
Ordinance
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY
AMENDING SECTION 155.360 REGARDING PROPERTY MAINTENANCE
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising Section
155.360 (D)(2) to read as follows:
(2) Exterior of buildings, structures, and accessory structures.
(a) General. The exterior of any building, structure, or accessory structure shall be
maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All
accessory building and structure exterior surfaces shall be constructed and maintained with
protective covering or treatment as to protect the surfaces from the weather elements and decay.
Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or
other protective covering or treatment such as siding. All roofs shall be maintained and properly
protected with singles, tin roofing or other products deemed acceptable under the Minnesota
State Building Code to provide the building weather -resistant and water tight. For all accessory
buildings constructed by conventional methods, the exterior wall surfaces and roof shall have
protective covering as is otherwise required for residential homes under the Minnesota State
Building Code.
Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 3. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice a printed copy of the ordinance
is available for inspection by any person during regular office hours at the Office of the City
Clerk.
Section 4. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this day of , 2019.
Mary Hamann -Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY
AMENDING CHAPTER 155 REGARDING BUILDING PERMIT REQUIREMENT
FOR FENCES IN EXCESS OF SEVEN FEET
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising the definition
of fence in Section 155.03 to read as follows:
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or
enclosure and located along the boundary or within the required yard. A FENCE in excess of six
feet in height shall be subject to a building permit as required by the Minnesota State Building
Code.
Section 2. Title XV of the Apple Valley City Code is amended by revising Section
155.351(A) to read as follows:
(A) Permit required. No person, firm or corporation, except on a farm and related to
farming, shall hereafter construct or cause to be constructed or erected any fence, wall or similar
barrier in excess of six seven feet in height, as measured from the ground to the top of the fence
with an exception of a two-inch ground clearance, without first obtaining a building permit from
the city, unless otherwise exempt by the Minnesota State Building Code. Any fence, wall or
similar barrier requiring a building permit shall be constructed or erected in accordance with the
provisions of the Minnesota State Building Code.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 4. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice a printed copy of the ordinance
is available for inspection by any person during regular office hours at the Office of the City Clerk.
Section 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this day of , 2019.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE" BY
AMENDING SECTIONS155.332 AND 155.053 REGARDING ACCESSORY
STRUCTURES
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is amended by revising Section 155.332
to read as follows:
§ 155.332 ACCESSORY BUILDINGS AND STRUCTURES.
(A) It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any outdoor
accessory storage building which exceeds 120 200 square feet of enclosed area on a residentially
zoned lot without first obtaining a building permit. If the roof of an accessory building or structure
is projected beyond the walls or supports of the building or structure more than 2/1 inches in any
direction and the total roof arca exceeds 120 square feet, a building permit shall also be required.
(B) The application for a building permit for an accessory building or structure shall be made
upon a form provided by the city and shall include:
(1) Drawings, plans and specifications in sufficient detail so that the city's Building Inspector
may review the same for compliance with all applicable building codes;
(2) Illustration of the method of anchoring the building to the ground which must be approved
by the Building Inspector; and
(3) Other information as the city may require to ensure compliance with these regulations.
(C) No accessory building or structure other than a fence or a temporary construction office
shall be permitted on any lot in an R district prior to the time of construction of the principal
building to which it is accessory, except a residential garage, which prior to construction of the
residence can be used only for storage purposes pertaining to and until completion of the main
structure.
(D) Setbacks.
(1) All accessory buildings or structures120 square feet in area or less, except those related
to a farming operation shall be located in the side or rear y :.
property line or 20 feet to a side lot line, if adjacent to any public street right of way.
(2) All accessory buildings or structures exceeding 120 square feet in arca, except those
minimum of ten feet.
a) All accessory buildings or structures, except those related to a farming operation in an
Agricultural district, shall be located in the side or rear yard and no closer than five feet to any side
lot line unless adjacent to a public street right-of-way then it shall be 20 feet to a side lot line, and
in R districts set back from rear lot line shall be a minimum of ten feet and in all other districts,
setbacks as provided in this Chapter. Notwithstanding the foregoing, in a R district, an accessory
detached garage may be in the front yard in accordance with the applicable front yard setback set
forth in this Chapter.
(42) Accessory buildings and structures related to a farming operation and on a farm, may be
located anywhere on the lot except that a building for housing more than two animal units shall
not be less than 50 feet from a lot line and all buildings shall otherwise conform to yard regulations
for the district in which it is located.
(E) Any accessory building or structure not attached to a dwelling unit shall be set back a
minimum of six feet from the dwelling unit. If the dwelling unit has an attached garage, the
accessory building or structure may be placed directly adjacent to the garage provided it maintains
the six-foot setback from the dwelling unit and any other applicable setbacks. A detached
accessory building or structure may be placed closer than six feet to a dwelling unit if appropriate
fire protection of the exterior wall(s) and roof is provided.
(F) All accessory buildings or structures shall be maintained and kept so as not be an eyesore
or a nuisance. Any building which is not so maintained shall be removed by the property owner
or upon due notice. The building may be removed by the city at the property owner's expense.
(G) An accessory building or structure shall not exceed 16 feet in height and 750 square feet in
area.
(H) A portable or permanent accessory building or structure shall not be located in a public
utility easement, except when approved by the city and/or any public utility holding the
easement. Where any question arises as to the location or design of the accessory building, the
Building Inspector may refer the matter to the City Council for final determination.
(I) - ..' . •: - .' • •- :..
(J) Any accessory building or structure in excess of 120 square feet shall be constructed to the
. .. • - ' • • - .. - • _ .. All accessory building and structure exterior
surfaces shall be constructed and maintained with protective covering or treatment as to protect
the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and
maintained with either exterior paint or stain or other protective covering or treatment such as
siding. All roofs shall be maintained and properly protected with singles, tin roofing or other
products deemed acceptable under the Minnesota State Building Code to provide the building
weather -resistant and water tight. For all accessory buildings constructed by conventional
methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required
for residential homes under the Minnesota State Building Code.
2
Section 2. Title XV of the Apple Valley City Code is amended by revising Section
155.053(B) to read as follows:
§ 155.053 PERMITTED ACCESSORY USES.
Within any R-1, R-2 and R-3 district, no accessory structures or use of land shall be permitted,
except for one or more of the following uses or uses deemed similar by the City Council:
(B) One accessory structure in addition to any garage(s), except that it shall not exceed
120 144 square feet in area if a detached garage exists on the same lot. If there is no detached
garage on the property, there may be not more than two accessory structures of which one shall
not exceed 750 square feet and the other shall not exceed 120 144 square feet. In the event a
detached garage is constructed, any accessory structures existing on the same lot shall be removed
or modified such that only one accessory structure remains which must be 120 144 square feet or
less in area. Landscape features, such as statuary and the like; easily movable seasonal temporary
structures not intended to remain erected for 12 months, such as party tents and the like; and
backyard play equipment, such as swing sets, trampolines, slides, and the like, shall not count
towards the number of permitted accessory structures as provided in this division. For purposes
of calculating the square feet area of the accessory structure for this clause, the total roof area of
an accessory building or structure shall be used if the roof edge projects beyond a wall or support
post of the structure more than 24 inches in any direction.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 4. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice a printed copy of the ordinance
is available for inspection by any person during regular office hours at the Office of the City Clerk.
Section 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this day of , 2019.
ATTEST:
Pamela J. Gackstetter, City Clerk
3
Mary Hamann -Roland, Mayor
...
•.••
..e
Apple.,
Valley
ITEM: 5.A.
PLANNING COMMISSION MEETING DATE: February 6, 2019
SECTION: Land Use /Action Items
Description:
Springs at Cobblestone Lake Sign Variances - Consider Variances to Allow for a 20 -Foot Tall
Monument Sign to be Located Less Than 30 Feet From a Residence - PC19-02-V
Staff Contact:
Thomas Lovelace, City Planner
Department/ Division:
Community Development Department
Applicant:
Continental 432 Fund, LLC
Project Number:
Applicant Date: 1/22/2019
60 Days: 3/23/2019
120 Days: 5/22/2019
ACTION REQUESTED:
If the Planning Commission concurs, staff is recommending denial of the request for a sign
height and setback variance for the Springs at Cobblestone Lake, located at 15899 Elmhurst
Lane because it does not meet the criteria for approval of a sign variance.
SUMMARY:
Continental 432 Fund, LLC is requesting height and setback variances from the city's
sign code requirements to allow for a 20 -foot tall monument along the east side of Pilot Knob
Road, which 25 feet from the closest residential building.
Sign Ordinance Requirements: The sign code defines a monument sign as a ground sign
intended to permanently identify by name a residential development. The code also states
that a monument sign intended to permanently identify a multiple dwelling or single-family
residential development shall be permitted under the following conditions:
1. There shall be an entity established to the satisfaction of the city such as homeowners
association, which shall be clearly responsible for the perpetual maintenance of the
monument sign and its environs with corresponding powers to raise maintenance capital;
or
2. In the alternative, there shall be a $1,000 fee paid to the city and a ground easement
surrounding the monument sign granted to the city in order that the city may remove the
monument sign and its environs if it is not maintained or if it otherwise becomes
necessary to remove the sign.
3. The monument sign shall not exceed 40 square feet of copy area.
4. The monument sign shall be a minimum of 30 feet from any existing or future residence.
5. The city, at the discretion of the City Council, may deny a permit for a monument sign
where it is determined that the monument sign may create an undue burden upon the city
by virtue of its size, location, building materials or potential need for maintenance.
A multi -family development is allowed one ground or one building sign with a maximum sign
area of 40 square feet and maximum height of eight feet. The minimum required setbacks for
a ground sign are 13 feet from a public street right-of-way line, ten feet from other yards
and 30 feet from any existing or future residence.
Sign Variance Request: The applicant has submitted two designs for consideration. The
first sign (Exhibit 3) will be a 20 -foot tall three -sided sign, with 39 sq. ft. of sign area. The
sign will be interior illuminated and will be constructed on a decorative stone base. The
second sign (Exhibit 4) will also be 20 feet in height and will sit on a five-foot wide
pedestal. The interior illuminated sign will have 40 sq. ft. of total sign area. Both signs will
be located 25 feet from a residential building.
Sign Ordinance Variance Requirements: To provide reasonable flexibility in the sign
regulations, the Council may approve a variance for a sign otherwise not permitted by these
regulations where an exception would not be inconsistent with the intent of the sign
regulations. No variance shall be granted unless the Council shall find that either condition
(1) or (2) hereinafter set forth exists:
1. All of the following requirements must be met:
o Special conditions exist which are peculiar to the land, structure, building involved
and
which are not applicable to other lands, structures or buildings in the same district;
o The special conditions and circumstances do not result from the actions of the
applicant;
o A literal interpretation of the provisions of these regulations would deprive the
applicant
of rights commonly enjoyed by other properties in the same district and the terms
of
these sign regulations;
o That granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
o The proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties and there will be no deterrence to
development of vacant land.
2. Any proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
Summary of Issues: The applicant has stated that the proposed sign will serve as a
presence and marketing tool for the multi -family development. As stated previously, the
purpose of a monument sign is to permanently identify by name a residential development;
and is not expected not to be used as a marketing tool.
The applicant states in their letter that the topography of their property along Pilot Knob
Road has several conditions that makes it challenge to erect a monument sign that would the
sign code requirements. The property is 15 feet lower than the street, the property line
located 60 feet from the edge of the street, and a 20 -foot wide drainage and utility easement,
which restricts the location of the monument sign. Therefore, one could conclude that these
circumstances are conditions peculiar to the property that have not resulted from actions of
the applicant.
However, in order to grant a sign variance, all the requirements set forth in the before -
mentioned condition 1 of the code must be met. So one must ask, is a literal interpretation of
the sign ordinance depriving the applicant rights commonly enjoyed by other properties in the
same district and will granting the variance not confer the applicant any special privilege?
The site is adjacent not only to Pilot Knob Road, but also 160th Street West to the south,
Cobblestone Lake Parkway to the north, and Elmhurst Lane to the east, which would likely
provide locations for a sign that would not require a sign variance. Therefore, staff believes
that the proposed request is not meeting all of the conditions necessary to approve a variance.
Finally, access to the residential property is via an entrance of Elmhurst Lane. Although the
ordinance does not specifically state where a monument sign must be located, most
residential developments locate their signs adjacent to its entrance. Placing the monument
sign at the Elmhurst Lane entrance or near the intersection of 160th Street West and Elmhurst
Lane would likely not require approval of any variances and would meet the intent of a
residential monument sign, which by definition is a sign erected to identify a residential
development.
BACKGROUND:
Staff has reviewed sign locations of other multi -family developments in the city and have
found that their signs are located at the entrance or along the same street as the entrance.
Staff has provided some photos of the Boulder Ridge, Hidden Ponds, and Palomino East
apartment complexes; and Glenbrook Place rental townhomes.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Applicant Letter
Location Map
Plan Set
Photo
CQNTINENTAL.
r-, OPERTRES
January 22, 2018
Springs at Cobblestone Lake
Applicant: Continental 432 Fund LLC
Land Use Application - Sign Variance
Introduction
Continental 432 Fund LLC ("Continental") is currently building 196 apartment homes at the
Springs at Cobblestone Lake multifamily development. The site is approximately 12.41 acres of
land near Pilot Knob Road & 160th Street. Highly visible, commercial signage is paramount in the
success of the lease -up and daily operations of a multifamily community. A Springs at
Cobblestone Lake monument sign will serve as a guide for potential Apple Valley residents for
years to come. Continental has submitted its original Land Use Application and materials to the
city for review. Please accept this project narrative and accompanying submittal materials for a
detailed explanation of our request.
Unusual Site Constraints
Continental requests approval for a Sign Variance for the proposed monument sign at the
Springs at Cobblestone Lake development. The planned sign would be located at the Northwest
corner of the project site off Pilot Knob Road (see Exhibit 1 and 2) and will be located 80 feet
from the road. The unique project site poses several constraints that are outlined below.
Limited Street Frontage: The Springs development is a part of the Cobblestone Lake master
planned community that has multiple signs of its own. The existing subdivision signage is
located near Elmhurst Lane and 160th Street, and at the hard corner of Pilot Knob Road & 160th
Street (see Exhibit 2), making the location of a monument sign on 160th Street difficult. The
Springs Clubhouse will serve as a presence and marketing tool for the community on 160th
Street, while the monument sign will serve a similar purpose on Pilot Knob Road, ultimately
allowing potential residents to discover the development and maximize the visibility of the
Springs at Cobblestone Lake.
Topography: The proposed monument sign would be next to Pilot Knob Road in the Northwest
corner of the Site (see Exhibit 1). The elevation of the Site sits significantly below Pilot Knob
Road (roughly a 15 -foot elevation change), while the location of the sign is restricted by the
property line (60 feet) and an existing utility easement (20 feet), sitting roughly 80 feet from
Pilot Knob Road and is 8 feet below street level.
Proposed Monument Sign
As part of Continental's Springs community, Continental is proposing one (1) monument sign
along Pilot Knob Road with internally illuminated letters. However, Continental is offering two
CONTINENTAL
PROPERTIES
potential sign options for your consideration. This location is pointed out on Exhibit(s) 1 and 2.
The following table shows the two proposed monument signs (Exhibits 3 and 4) with the height
and total square footage areas compared to the Apple Valley Code of Ordinances.
Monument Sign Comparison for Springs at Cobblestone Lake
Code Criteria
Option 1 (Exhibit 3)
Option 2 (Exhibit 4)
Number of Faces
N/A
Three
Two
Height
96"
226"
226"
Total Square Feet
40'
39.2'
40'
Continental is seeking a greater height due to the slopping topography and distance from Pilot
Knob Road. Under the current sign parameters, the Springs at Cobblestone Lake monument
sign would be at a severe disadvantage relative to the other signs in the area. Continental is
confident in both monument sign options but prefers the vertical sign (Exhibit 3) to the
horizontal sign (Exhibit 4). Continental believes the unique shape is a more compelling design
that will differentiate itself from its more traditional counterpart, and better compliment the
Cobblestone Lake community. The proposed free-standing monument sign will feature a stone
masonry base and color palette similar to the stone masonry and color palette of the clubhouse
and apartments that are currently under construction. The monument sign benefit Continental
and the City of Apply Valley for years to come.
Conclusion
In conclusion, the existing master planned community signage, challenging topography as well
as the distance from Pilot Knob Road, create special conditions which are peculiar to the land,
and are not applicable to other land or developments in the area. The issues are preexisting and
are not a direct result of the Springs at Cobblestone Lake Development. If denied the sign
variance, Continental would be deprived of basic sign rights granted to other property owners
in the area. The proposed monument sign is not seeking any special provisions that would serve
as a unique advantage to Continental or the Springs at Cobblestone Lake development. The
proposed signage will not have an adverse effect on adjacent properties and will provide a
better -quality sign for the neighborhood. Continental acknowledges that Cobblestone Lake is a
high-quality community, and the proposed signage is a testament to that belief. The new
monument sign will fit with the overall vision of Cobblestone Lake, while the current Code of
Ordinances prohibits Continental from reaching this goal. Continental is submitting this project
narrative and Sign Plan for its proposed Springs community signage. Please let us know if there
are any questions or comments on these submittal items. Continental looks forward to working
with the City on this request. Thank you for your consideration.
SPRINGS
AT
COBBLESTONE LAKE
SIGN VARIANCE
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Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6.A.
February 6, 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 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
Wednesday, March 6, 2019 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, February 6, 2019
• Site plan, variance applications due by 9:00 a.m. on Wednesday, February 20, 2019
Next City Council Meetings:
Thursday, February 14, 2019 - 7:00 p.m.
Thursday, February 28, 2019 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A