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HomeMy WebLinkAbout03/06/2019••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 March 6, 2019 PLANNING COMMISSION TENTATIVE AGENDA ANNUAL BUSINESS MEETING 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 February 6, 2019, Regular Meeting B. 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 4. Annual Business Meeting A. Nominate and Approve Officers B. Approve 2018 Planning Commission Annual Report 5. Public Hearings A. Ordinance Amending City Code XV, Chapter 154, Sign Regulations - PC19-04-Z Location: City-wide Petitioner: City of Apple Valley 6. Land Use / Action Items 7. Other Business A. Cider Ridge Marketplace/Hope Church Commercial Sketch Plan 1. Sketch Plan Review of Proposed Comprehensive Plan Amendment from "INST" (Institutional) to "LB", Rezoning from "P" (Institutional) to "PD" (Planned Development), Subdivision by Preliminary Plat to Subdivide Existing 7.2 -acre Church Property to Create 33,588 sq. ft. New Lot, Site Plan Review/Building Permit Authorization for a 7,200 sq. ft. Multi -Tenant Office Building Location: 7477 - 145th Street West (Northeast Corner Cedar Ave and 145th Street W.) Petitioner: Hempel Companies and Hope Christian and Missionary Alliance Church B. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, March 20, 2019 - 7:00 p.nti Next City Council Meeting - Thursday, March 14, 2019 - 7:00 p.m. 8. 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. March 6, 2019 Consent Agenda Description: Approve Minutes of February 6, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of February 6, 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 FEBRUARY 6, 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, Civil Engineer Jodie Scheidt, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer and Department Assistant Joan Murphy. Community Development Director Bruce Nordquist introduced Civil Engineer Jodie Scheidt. 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 Diekmann, approving the minutes of the meeting of January 16, 2019 as amended. Ayes - 7 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending 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. Ayes - 7 - Nays — 0. 4. PUBLIC HEARINGS A. Ordinance Amending City Code Title XV, Chapter 155 Zoning — PC19-01-Z Chair Melander opened the public hearing at 7:02 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 2 of 11 Planner Kathy Bodmer stated 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. 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 amendments proposed are related to property maintenance — building construction requirements, fences and accessory buildings. Ms. Bodmer summarized the new code. 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. 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 3 of 11 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. 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) 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. Ms. Bodmer asked City Attorney Sharon Hills for clarification when the building code and zoning code conflict with each other, does the building code supersede and why. Ms. Hills answered yes that the building code does supersede because State Law says so. Ms. Bodmer added that when the building code gets updated the City needs to update these provisions in the zoning code. Commissioner Alwin inquired about the calculations on the building size with an overhang of 24 inches if the pitch is included when calculations are done. Ms. Bodmer said they would have to look at that because that was not the intention. It would just be looking at it from an aerial view. The area that is covered. Ms. Hills clarified that the 24 -inch overhang is only applicable when we are talking about large vs small accessory building, not if there is a building permit. Chair Melander asked if the 24 -inch overhang is measured at a right angle from the wall. Ms. Bodmer answered yes. Commissioner Schindler commented that calls the City receives must be about people that start projects and do not get them done and asked how is that gauged. Ms. Bodmer said there is a provision in the building code that calls for the homeowner to have to continue to make progress on the project and calls out 180 days. There are arguments that a tarp is water tight and what is being proposed is that a trap is not acceptable for a final inspection. She added that the City has been willing to work with people so it is just a matter of helping them finish it up. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 4 of 11 Commissioner Burke asked about the setbacks and what kind of issues there would be of the 5 and 10 feet and if grandfathering people in would be sufficient. Ms. Bodmer answered it would be sufficient but it may be when folks build accessory buildings they tend to do it in the smaller building but they want as much yard space as they can get. She added that any time the City requests a property owner to move it and it would be difficult. She was concerned that people would reply to the City that their neighbor got 5 feet and those kinds of comparisons. If the City feels it is really important to have uniform requirements, it could be dealt with. Chair Melander commented that can be tough with timing. It could have been put up last week and people could say it was there forever. So how would you know. Commissioner Scanlan inquired about the setbacks and now that we are increasing the square footage of the accessory building to 200 sq. ft. size without a building permit, is it better to have the bigger setback so not to put pressure on the neighboring properties with a larger structure. Ms. Bodmer answered that is something for discussion. Chair Melander said he would be more inclined to leave everything at 5 feet, no matter when it is built. Chair Melander closed the public hearing at 7:20 p.m. 5. LAND USE/ACTION ITEMS A. Springs at Cobblestone Lake Sign Variance — PC19-02-V City Planner Tom Lovelace stated 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 is 25 feet from the closest residential building. 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 5 of 11 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. He said the applicant has submitted two designs for consideration. The first sign 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 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. 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: • 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; • The special conditions and circumstances do not result from the actions of the applicant; • 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; • 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 • 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. He added the applicant has stated that the proposed sign will serve as a presence and marketing tool for the multi -family development. The purpose of a monument sign is to permanently identify by name a residential development; and is not expected to be used as a marketing tool. He said the applicant stated in their letter that the topography of their property along Pilot Knob Road has several conditions that makes it a challenge to erect a monument sign that would meet the sign code requirements. The property is 15 feet lower than the street, the property line located 60 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 6of11 feet from the edge of the street, and a 20 -foot wide drainage and utility easement, which restricts the location of the monument sign. One could conclude that these circumstances are conditions peculiar to the property that have not resulted from actions of the applicant. 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. Staff believes that the proposed request is not meeting all of the conditions necessary to approve a variance. Access to the residential property is via an entrance of Elmhurst Lane. 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. He added that 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. He provided some photos of the Boulder Ridge, Hidden Ponds, and Palomino East apartment complexes and Glenbrook Place rental townhomes. Mr. Lovelace said the applicant has other options for a sign and the City is not denying them opportunities to provide for a monument sign that identifies the location of their apartment complex. He added they could put up a monument sign and meet the City's qualifications. He said the City is recommending denial of this variance request tonight. Commissioner Scanlan said when this project came up originally for approval there was a lot of discussion that they were showing signage at the entrance and the way this is proposed right now there is no signage at the entrance point or on the buildings or anything they were previously proposing. Mr. Lovelace said they have an opportunity as part of the code one monument sign or one building sign. They were looking at both a monument and a building sign. We told them they could not put a building sign on it because they were putting this neon piping on the building. So they do have an opportunity, based upon the code, for one or the other. They have chosen, and he gives them credit that they are very creative, that they are doing some kind of vinyl that would be applied on the windows of the clubhouse. That provides some information that you are at the Springs at Cobblestone Lake. He said he believes that is the case and had not been following that one that closely. Evan Weiss, Continental Properties, said the opportunity is why do we not move this on. Case in point is if we could we would. He said this site has challenges and why they need to have the sign exist on Pilot Knob Road. He provided an overview of the site and said the sign would be located in the northwest corner. He talked about the easement of the subdivision and intersection of Pilot Knob Road and 160th Street. He said it is pretty massive and ideally it is where they would locate CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 7of11 the sign but it is not an option. Another easement exists near Elmhurst Lane off 160th Street and that is another subdivision sign indicating that you have arrived there. Staff noted that they could potentially move a sign to Elmhurst Lane and how far it would need to be set back because of the easement for the subdivision sign. That would put them at a severe disadvantage. He said that the City code states to provide the business with an equitable opportunity and they believe it just does not do so. He said the area for the proposed sign provides some risks, the 50 feet and then the 20 foot easement requirements. There are some issues overall. The general topography of the site is very challenging. The site itself sits 15 feet below street level. If they were to move the sign from Pilot Knob Road to 160th Street, they would really be running into the same issues. He added that is not really a great option for them. He said another thing to note is that they are restricted by right- of-way access. So originally when they were discussing this project internally, the clubhouse was proposed to go off Pilot Knob Road. That has the highest visibility and the best option for their business but they cannot do that. So that is why the project comes in off Elmhurst Lane because that is a requirement they had to do. The traffic count on Pilot Knob Road and on 160th Street both see 24,000 cars per day there. That is not comparable to the other two options. They are achieving presence through the clubhouse on 160th Street and believe they would be foolish not to try capture the traffic of Pilot Knob Road. It is just too good of an opportunity and the proposed signage does meet the requirements of identifying a multi -family development. They believe at the current ordinances, if they were not going to be granted a variance, that it would pose a safety risk. Drivers would struggle to see the sign and ultimately does not meet the overall intent of the code because you would not be able to see it. It is not visible entirely. They believe denial would deprive the Springs at Cobblestone Lake the rights enjoyed by properties in the area and ultimately pose as a safety risk. They are proposing two signs. One that is vertical and they believe it meets the intent of the overall development in the neighborhood and the community as a whole. The vertical style is the choice and it meets the intent. This sign only requires a height variance not a setback variance. This would meet the code based on setback requirements. He added that this sign will not work at a lower level. The reason they are asking for 20 feet is because the base of the sign is 8 feet below street level. So really it needs to come up to street level in order for it to be visible. This is the reasoning behind the height. Their second option is they could build a horizontal sign but it would need a setback variance as well as a height variance. This would be the lesser of the two options. Commissioner Diekmann asked if the Cobblestone Lake monument signs were in place when Springs purchased the property. Mr. Weiss answered yes. Commissioner Diekmann commented that you were aware of their location and their size. Mr. Weiss answered yes. Commissioner Diekmann said the street locations were at the same height that they are today so you knew the topography that you were going to build on when you purchased the property. Mr. Weiss answered yes. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 8of11 Commissioner Diekmann said he is trying to find the hardship in this when you knew these pre- existing conditions. Mr. Weiss replied so they are pre-existing conditions but the variance code states that in order to be granted a variance the site has to be unique. Yes, they were aware of the challenges but they still pose unique challenges specific to this site. Commissioner Diekmann said the City offers a place for a ground sign at the entrance and there is location for this at the entrance. He added you are wanting this for a specific reason that he cannot find a hardship that backs it up because you are allowed the signage on the street. He said just because it is not per your liking, he does not believe is a hardship. Mr. Weiss commented that is correct and they could build the sign at the entrance to the building and that the City is going to get more of the horizontal design. It is their job to provide Cobblestone Lake in Apple Valley with a better option. That is why we went back to the drawing board and came up with the vertical design. He thinks it speaks better to the overall neighborhood. And yes to Commissioner Diekmann that you are absolutely right that we could build it at the entrance. But quite frankly we are trying to capture as much attention as they can and they believe the vertical sign along Pilot Knob Road is the better option. Commissioner Diekmann said it is part of the City policy and they try to work with as many businesses as they can and they do not want to create something that could become a slippery slope for any other development along any other busy road with 24,000 car count. He said the City has a sign ordinance and he feels we need to follow it. He said he cannot find the hardship. Gwyn Wheeler, Development Director for Continental, added that there already is a Cobblestone Lake monument sign at the corner of 160th Street and Elmhurst Lane and putting another one there is just redundant. She said trying to come up with something that is the best for the community it could just look kind of odd. She said you drive in Elmhurst Lane and you are greeted by a subdivision sign to Cobblestone Lake and then another sign 100 feet in you see a Springs at Cobblestone Lake sign. You do not need another sign at Elmhurst Lane because it is already identified there by the master developer at that intersection. She added that on both sides of Elmhurst Lane it says Cobblestone Lake. She said they could place their monument sign there but it would just be redundant. She said they do not need one there because it is already identified. Commissioner Scanlan said you knew the challenges from the beginning and you bring a design for that challenge and now you are trying to look at other options here. He said he is supporting with what Commissioner Diekmann had already discussed. He said you talked about your project here and how it adds value to the community and the Cobblestone Lake community as a whole and asked what value does this provide when you speak to the Cobblestone Lake community. Ms. Wheeler answered having the best value sign. They are trying to come up with something that is esthetically pleasing and neat and come up with a plan that makes sense. Not to have redundant signage and yet looks at this as a whole and where does it make sense for them and not right next to an existing sign. What makes sense to other people that driving by and just coming up with CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 9of11 something that is a little more unique compared to their other Springs at Apple Valley project. She said let's do something that is a little bit different at the Springs at Cobblestone Lake. Commissioner Kurtz referred to the vertical sign image and asked if the businesses to the north would be blocked by this sign they are requesting. She said she is looking out to the other businesses how they would feel about it and if they were being blocked. Mr. Weiss said several of those businesses have podium signs themselves. Ms. Wheeler said they do not think the sign would block anybody because there is hundreds of feet in between and the sign is only 48 inches wide. Commissioner Schindler said he understands that the reason they want the sign there is for visibility and is that wrong — no. He said let's look at public service. You would not want something that says Springs at Elmhurst Lane and that does not make sense. He said it comes down to how people find things. Does the person say they live at the Springs or does the person say they live at Cobblestone Lake and he does not know how people are going to describe it. He said he thinks if you put it on Pilot Knob Road if he was coming to visit someone that lives in that development that is going to be helpful to him when he would be coming south on Pilot Knob Road or the north - there is the Springs. He said they should also have something letting them know that they are in the Springs if they are on Elmhurst Lane when people pull in to clarify where they really are. He added that is why all the pictures Mr. Lovelace showed had the monument signs right in the front entrance so people know they are in the right place. He thinks that should be their number one priority to let people know where they are at. He said he also sees the value of having the sign along Pilot Knob Road so people coming to visit know where they are. People who live there do not need the signs. It is only for the people coming, to visit the people who live there, who need the signs. He said it is useful to have that sign on Pilot Knob Road because you cannot see this development. It is down in the hill. He said, at the end of the day, all you are talking about is a variance for height and that is all we are talking about here. He said the fact is the way the topography is you are losing a lot of the height because it has to come up to get to viewing level. He said he does not have a problem with what they are proposing. Commissioner Burke commented that when he saw this he fully expected to see a sign where it said "proposed full access point" and asked if the plan was to not have anything there where the driveway to the development is. Ms. Wheeler answered that is correct and said it would be ideal to have one on the clubhouse and one on Pilot Knob Road but they are in a position where they need to choose one or the other. They believe that their clubhouse in itself will represent their community and be their signage at that entrance and their property management team will find ways through marketing materials and window decals to identify themselves that way. She said they feel it is a very large missed opportunity to not have some visibility on Pilot Knob Road, due to these constraints that have been discussed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 10 of 11 Commissioner Burke commented that anybody that is going to find this place is going to use their smartphone and get to it by GPS. Ms. Wheeler said some people will just see their roofs and think they are close by. Commissioner Burke asked if they had a design what the sign might look like had they met all the requirements. Ms. Wheeler provided a design along Pilot Knob Road and said they would try to go with the horizontal option to try get it as tall as they could. They feel it is a less attractive option. Chair Melander commented if he lived in the Springs he would tell people he lived on the northeast quadrant of the intersection of Pilot Knob Road and 160th Street. He does not think you really need to have a sign that says "here we are". He understands the advertising impact of having a sign there but that is not the idea for the signage ordinance. He would prefer a sign at the entrance if he was the one driving to try get in there. Mr. Lovelace said, in staff's position, the purpose of a monument sign is to identify development and that the applicant stated explicitly that it is a marketing tool for them to help lease out apartments. That is not the intent of a monument sign as it relates to multi -family, as well as, a single-family development, be it investor owned or owner occupied. All we are doing here is identifying that you are here at this location and generally at or near the main entrance of the development itself. That is staff's position with the request of the variance. Staff is not saying they put it at Elmhurst Lane and 160th Street and that gets pushed back and what that would look like. He said the applicant has not identified any signage at that location of how it would look there with meeting the 8 foot height and meeting the setback requirements that are necessary for that. He said they did it at the original Springs that is right at the main entrance of their development and staff feels that would be the appropriate place to put and they would meet the code. Mr. Weiss said they meet the intent of the monument sign code at least to identify a multi -family business and they do that through the signage and a benefit is that it helps with their business. At the end of the day, they are a business and they need to lease apartments in order to be successful. He said he thinks it is no different than the Target down the road in helping travelers identify that it is a Target, that they can turn into that store to buy whatever is needed that day. So to say that they are not meeting the intent of the code, he thinks that is untrue and that they are using it to identify a multi -family project. MOTION: Commissioner Alwin moved, seconded by Commissioner Burke recommending approval of the request for sign height variance for the sign set forth in the staff report for the Springs at Cobblestone Lake, located at 15899 Elmhurst Lane. Ayes - 1 - Nays — 6. (Melander, Alwin, Burke, Diekmann, Kurtz and Scanlan) 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 6, 2019 Page 11 of 11 Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, February 20, 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 Scanlan moved, seconded by Commissioner Diekmann to adjourn the meeting at 8:01 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 ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.B. March 6, 2019 Consent Agenda 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: • Recommend approval of the draft ordinances amending City Code Title XV Land Usage, Chapter 155 Zoning related to building construction, fences and accessory buildings and structures. SUMMARY: At its meeting of February 6, 2019, the Planning Commission held the public hearing to review three proposed ordinances amending Chapter 155 Zoning chapter of the Apple Valley City Code. The amendments are needed to bring Chapter 155 into conformance with the provisions of the Minnesota State Building Code (MSBC). One outstanding item from that discussion was whether to enact a single setback requirement for all detached accessory buildings, or to establish certain setbacks based upon the size of the building. The Planning Commission supported a change to the draft ordinance so that "small" accessory buildings of 144 sq. ft. or less would have a 5' side and 5' rear yard setbacks. On the other hand, "large" accessory buildings, buildings over 144 sq. ft., will be required to meet the side yard setback of the zoning district, but will have a rear yard setback of 10'. Whether the accessory building is large or small, the street side setback would be 20' from the right-of- way line. The revision maintains existing accessory building setbacks to help prevent creating non -conforming structures on properties. 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 155. 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 correspond 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 are modified. 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 based on Planning Commission feedback at the public hearing on February 6, 2019. 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. Accessory buildings larger than 144 sq. ft. are required to comply with the side setback requirements of the zoning district where the building is located, but the rear setback may be reduced to 10'. Buildings less than 144 sq. ft. may be located 5' from an interior side lot line and 5' from a rear lot line. All accessory buildings must be located a minimum of 20' from a street side lot line. 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 to 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 211 inches in any direction and the total roof area 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 arca or less, except those related property line or 20 feet to a sid t of way. (2) All accessory buildings or structures exceeding 120 square feet in arca, cxccpt those related to a farming operation, shall meet the minimum building setbacks of the appropriate zoning 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. 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. An accessory building or structure that is 144 square feet or less shall be no closer than five feet to any side or rear lot line. An accessory building or structure that is greater than 144 square feet in area shall be no closer than 10 feet to any rear lot line and in accordance with the side lot line setback for the applicable district as provided elsewhere in this Chapter. If the accessory building or structure, regardless of size, is adjacent to a public street right-of-way, then it shall be no closer than 20 feet to a side lot line. (-2) 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 qandards of the Minnesota State Building Code. 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 -1-24 144 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 l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. March 6, 2019 Annual Business Description: Nominate and Approve Officers Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Nominate and elect the following officer positions: 1. Chair 2. Vice -Chair 3. Secretary SUMMARY: In accordance with City Code, the Planning Commission provides for an annual business meeting, to be held following the City Council meeting at which new appointments to the Commission are made. At the City Council meeting of February 28, 2019, existing members Burke and Scanlan were reappointed for a 3 -year term. The purpose of the annual business meeting is to elect officers for the year and approve the annual report from the previous year. BACKGROUND: N/A BUDGET IMPACT: N/A ... .... ..... Apple ppl all Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.B. March 6, 2019 Annual Business Description: Approve 2018 Planning Commission Annual Report Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve 2018 Planning Commission Annual Report SUMMARY: The Community Development Department is responsible for the work of the Planning Commission. City ordinance requires that a report of Commission be provided annually representing the work during the preceding year, 2018. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Report APPLE VALLEY Planning Commission Apple Valley 2018 ANNUAL REPORT Planning Commission The role of the Planning Commission is to make recommendations to the City Council on a variety of land use requests and issues. In 2018, there were 20 Planning Commission meetings held that consisted of public hearings, land use applications and sketch plans. Members of the Apple Valley Planning Commission included: • Tom Melander, Chair • Tim Burke, Vice -Chair • David Schindler, Secretary • Ken Alwin • Keith Diekmann • Jodi Kurtz • Paul Scanlan Community Development - 2018 Economic Development - Overview With an active 2018, staff planned for a 50th golden year to be celebrated in 2019. There were many planning and development activities. Single family and multi -unit housing review and approvals and commercial retail and office repositioning were notable activities throughout the year. The intersection of Cedar Avenue and County Road 42, our "main and main", showed significant transformations in all four quadrants at the core of the downtown. Available land was committed to new neighborhoods and initial uses of the Mixed Business Campus, known as "Orchard Place". During 2018: Wings Financial completed a $6 million renovation of a mostly vacant office building on Glazier Avenue. Target Corporation completed a $10 million retail renovation at Southport Centre. A buyer was identified, for a scheduled January 2019 closing, that invests approximately $20 million into the Time Square Shopping Center; including the proposed addition of a Portillo's restaurant. Regency Center began a reported $7 million renovation of the Apple Valley Square shopping center, with tenants to follow later in 2019. Cub Foods renovated their store to the newest concept; right sizing the space to have sufficient square footage to add a Planet Fitness. Uponor completed an expansion of their manufacturing annex to add additional manufacturing and distribution facilities and jobs. In celebration of their 100th year, Uponor rang the Nasdaq closing bell in New York City, August 20, 2018. The Zvago/Central Village Senior Cooperative began construction. Commercial development is being discussed for 2019 to fulfill the sought-after suburban intensive mixed use completion of the triangle site. Menard, Inc., finalized a plan acceptable to the City Council and Planning Commission to relocate their retail store and building supply warehouses as part of the redevelopment of the former Hanson Concrete manufacturing site. The 414 -acre Mixed Business Campus, with a concept masterplan developed by the owner, began to attract sought after medical office development in the fully mined and reclaimed area and a Lunds/Byerly's Grocery in the guided commercial retail area of the campus. Significant infrastructure planning underway in 2018 leads to design and initial construction work in 2019. Land Use Development - Introduction In 2018, there were 36 land use development applications. Land use development applications may consist of multiple actions that must be reviewed and analyzed by staff, then presented to the Planning Commission and City Council for their consideration and action. A total of 20 Planning Commission agendas, agenda packets, and minutes were prepared and distributed, as well as 20 public hearings held: Land Use Actions Requested in 2018 Comprehensive Plan Amendments 3 Zoning Ordinance Amendments/Rezonings 7 Conditional Use Permits 8 Subdivision/Preliminary Plats/Final Plats 16 Site Plan Reviews/Building Permit Authorizations 9 Vacations 2 Variances 9 Environmental Reviews 0 Interim Use Permits 2 Miscellaneous 9 TOTAL 65 Performance and activity never tells the whole story. The complexity of land use requests has often involved comprehensive plan revisions, rezonings, zoning amendments, variances and site plan/building permit authorizations on property located in established neighborhoods. Changes in the fully developed area of the City often require multiple meetings for the complete review. Commercial Projects Commons I Building Signs — Request was granted to allow for the installation of two building signs above the first floor of the Commons I building, located at 7300 147th Street West. Menard's at Hanson Concrete — Menard, Inc. received approval of a Comp Plan Land Use Map amendment, rezoning, preliminary plat and site plan/building permit authorization to allow for a 216,209 -sq. ft. Menard's store and 48,970 -sq. ft. warehouse on 18.4 acres, with 16.44 acres of future commercial/industrial development and 5.2 acres of storm water ponding on property located on property located at the northwest corner of CSAH 42 and Johnny Cake Ridge Road. Americlnn/Old Chicago Entrance Sign Variance — A variance for Americlnn and Old Chicago was approved allowing a shared sign and a setback variance. Code does not allow for off-site signage, despite the shared drive. By approving the variance the users each get a single entry sign at the driveway. Removal of an existing poorly marinated sign adjacent to CSAH 42 was required. Appliance Smart Building Addition — A conditional use permit and site plan/building permit authorization was granted to 7370, LLC to allow for a Class II restaurant with drive -up window service in a portion of a proposed 7,087 -sq. ft. building addition to the Appliance Smart building, located 7370 153rd Street West. Ryan Real Estate Redevelopment — The owners received approval of amendments to PD - 290, conditional use permit and site plan review/building permit authorization to redevelop the existing office building at 14750 Cedar Ave into an 11,000 sq. ft. multi -tenant commercial building. The four tenants planned for the building include a Class I Casual restaurant on the north end of the building, a dental office, a soup/sandwich shop, and a coffee shop with drive- thru service on the south end of the building. Regency Centers Free Standing Signs — A Conditional Use Permit (CUP) amendment to alter the Major Anchor signs at the Regency Center site received approval in summer 2018. The original CUP was issued in 1992 was required an amendment to make aesthetic alterations to the signs. These changes will reduce the overall height, and allow the signs to be more consistent with the facade improvements which occurred at the center. The signs, combined with the facade improvements reposition this center for new tenants and uses. Holiday Superstore #0316 Car Wash Expansion C.U.P. Amendment — Holiday Station Stores received approval to amend this CUP, allowing a second car wash at the 149th Street West fuel station. The addition removes two semi -trailer parking stalls but retains the existing drive lanes throughout the site. Wings Financial Mortgage Sign — Request was granted to allow for the location of two lighted building signs on the north and south faces above the first floor of multi -story building more than four stories tall, located at 15025 Glazier Avenue. Bogart's Entertainment Center Outdoor Sand Volleyball Interim Use Permit — Bogarts Entertainment Center is under new ownership and was approved for an Interim Use Permit to allow them to store the volleyball sand on the site over the winter. The CUP issued allowing the courts requires that the sand be removed by September 30th each year. This interim use permit will allow the owners to save the cost of removal for one year and encourages winter activities/use of the sand. Additionally, a temporary sign received approval for one year while the building is rebranded to Bogarts Entertainment Center, this sign will cover the "Apple Place" existing sign. Prior to September 2019 a new permanent sign is required. Hy -Vee Convenience Store — Hy -Vee, Inc. submitted an application to redevelop the Liberty Credit site on the southeast corner of Pennock Lane and CSAH 42, 7668 -150th Street W. The plans called for demolishing the existing office building and constructing a 4,400 sq. ft. convenience store with a total of 10 fueling stations. The site is very constrained, so Hy -Vee requested that the City consider vacating a portion of Pennock Lane right-of-way that is currently not part of the Pennock Lane roadbed. The City Council determined that the right-of- way was still needed, and denied the vacation request. Traffic impacts to Pennock Lane and the CSAH 42/Pennock Lane intersection have been identified as issues. Hy -Vee will need to significantly redesign their site in order for the project to move forward. Apple Valley Square 6th Addition — TLM Realty has applied for a subdivision of the Aldi/Burlington Coat Factory lot to create a pad site in the northeast corner of the lot. The lot is proposed to be .52 acres and include a 2,500 sq. ft. retail building. A site plan/building permit authorization is not being applied for at this time, which will be required when the owner brings a user forward. The project is currently under review by the Planning Commission. Time Square Redevelopment — A final plat, CUP for a drive-thru, site plan/building permit authorization, setback variance, and parking stall depth variance are currently under review for the Time Square site. Portillo's is planning an 8,300 sq. ft. restaurant with a 30+ vehicle drive- thru. A portion of the southern Time Square building is proposed to be demolished, retaining approximately 9,700 sq. ft. Extensive facade improvements are anticipated for the entire center as well as improvements to the stormwater management system, and the sewer/water system. Some of the biggest improvements to the center, such as the sewer and water lines, will not be visible to the general public, but will reposition this center and enable it to attract the next generation of businesses. The application is currently under review with construction anticipated in 2019. Panera Bread Restaurant — Review began in late 2018 of a request by Panera, LLC and Brixmor Southport Centre, LLC for a planned development ordinance amendment and site plan/building permit authorization to allow the removal of the existing Baker's Square restaurant and construction of a new Panera Bread restaurant with drive-through window service at 15200 Cedar Avenue. The City Council will consider this project in early 2019. Cobblestreet Market — Approval was granted to Hempel Companies in 2017-18 for the replat of an outlot that created two lots, zoning amendments to allow for a drive -up window in conjunction with a restaurant, and site plan/building permit authorization to allow for construction of 8,148 -sq. ft. multi -tenant retail building. Construction began late in 2018 on the project located lot at the southwest corner of 157th Street West and Cobblestone Lake Parkway. Industrial Projects Apple Valley Self Storage — A final plat and site plan/building permit authorization was approved for a 6 building, 52,000 sq. ft. self -storage facility east of Lifeworks on Evendale Way. Staff worked with the applicant to remove all units facing the residential homes to the east. A 60 -foot wide buffer of landscaping and greenspace between the residential property lines and the nearest storage building will offer screening and reduce the impact of the development. The site will have one access point from the Evendale Way cul-de-sac. McCormick Computer Resale — McCormick Computer Resale received approvals to more than double the size of their existing office warehouse building at 14925 Energy Way. The 23,700 sq. ft. addition will provide additional office and storage space, bringing the total size of the building originally constructed in 1994 to 44,340 sq. ft. A second driveway access will be constructed on Energy Way and additional employee parking will be added to the west side of the building. Two saw -tooth dock doors will be constructed on the north side of the building. The landscaped buffer on the north side of the site will be slightly modified, but will be replanted to help screen the dock doors from Energy Way. Uponor Expansion - Approval for the 58,000 sq. ft. expansion occurred in 2017, which allowed construction in 2018. A ribbon cutting occurred in August celebrating the completed addition. Council and staff also attended Uponor's Hutchinson ribbon cutting in fall 2018. These additions demonstrate Uponor's commitment to Minnesota, and Apple Valley. Wasatch Storage -Approval of a preliminary plat and site plan/building permit authorization was granted for an 804 unit self -storage facility at the north east corner of Johnny Cake Ridge Road and 147th St in 2017. The final plat and site plan/building permit authorization was approved in early 2018. Construction of the facility began in summer and is anticipated to be completed in spring 2019. Residential Projects Springs at Cobblestone Lake — Continental 432 Fund, LLC began construction of 196 -unit multi- family apartment development on the last tract of residential land in Cobblestone Lake. The 11.8 - acre parcel is located in the northeast corner of Pilot Knob Road and CSAH 46. Quarry Ponds Fifth Addition — Development that included will result in the construction by Key Land Homes of 42 single-family lots on 15 acres on property located along the west side of Johnny Cake Ridge Road, north of 157th Street West. Splinter Addition — Two property owners in the Lebanon Hills neighborhood at 129 and 135 Surrey Trail South worked together to readjust a common lot line so that the neighbor at 129 Surrey Trail South could construct a 744 sq. ft. detached garage. Variances were granted so that the shed could be situated to minimize site disturbance and tree removal in the heavily wooded neighborhood. The Shores Townhomes — Rockport, LLC and Pulte Homes of Minnesota, LLC submitted an application for approval of a townhome project in the Fischer mining area. The application include requests for an amendment to the 2030 Comprehensive Land Use Map, rezoning, subdivision, conditional use permit for alternative exterior materials, and site plan/building permit authorization to allow for a 101 -unit townhome project on 9.8 acres located at the northeast corner of 157th Street West and Johnny Cake Ridge Road. Review of this project will continue into 2019. Legends of Apple Valley (formerly Valley Bluffs Senior) — Construction was completed and the grand opening was held for the Legends of Apple Valley, 14050 Granite Ave, on July 26, 2018. The 163 -unit affordable senior apartment building includes an active outdoor community deck area, heated underground parking, fitness center and community room with fireplace and full kitchen. The signature art piece, located on the northwest corner of the site, is an eye- catching 20' sculpture that is visible when waiting at the Cedar Ave and 140th Street W. traffic signal or passing by on Cedar Ave. Nuvelo (formerly Bigos Kelley Park) - Construction is underway on the two multiple family apartment buildings flanking Fresco Terrace south of Kelley Park. The project size and scope were reduced after meeting with the surrounding neighborhood June 2017. The resulting project was a 61 -unit 4 -story building on the west side of Fresco Terrace and a combination 3 - and 4 -story 114 -unit building on the east side of Fresco Terrace. The development offers the first live -work facility with a 1,100 sq. ft. dedicated workspace area that includes a lounge area, conference rooms, rest rooms and dedicated parking spaces to support residents who may conduct home-based businesses. Both buildings will have rooftop decks and the east building will contain the shared community outdoor area with pool, grilling stations, and bocce ball courts Delegard Apple Villa Apartments — Construction is wrapping up for the new 28 -unit Apple Villa Apartment building at 7800 Whitney Drive. The long-time owners of the property requested a comprehensive plan amendment, establishment of a planned development zoning district, variances and final plat in order to construct the new building on the existing site. A detached garage structure in the center of the site was demolished and relocated to the side of the site to make room for the new building and to provide screening between the apartment site and the residential properties to the west. In connection with the project, the owners cleaned and painted the exterior of the existing buildings constructed in the early 1970s to match the new building and update the appearance of the overall site. Variance, Interim Use Permits The number of variances and interim use permits reviewed in 2018, is consistent with other years. Many of the applications accentuate the City's goal to be a "Community for a Lifetime" and offer "universal design" features. Most of the variances approved in 2018 allowed homeowners to further invest in their properties by adding bedrooms, kitchens, and other expansions. An Interim Use Permit allowed a family to continue living in their home by constructing a driveway needed for medical care access. Grier Garage Variance — A front setback variance was approved at 216 Edgewood Lane so that the owner could replace an existing single stall garage with an updated 3 -stall garage. The home, constructed in 1965, suffered significant damage from a fire. The owners of the house were next door neighbors and planned to update the home to allow a son and his family to move back to Apple Valley from Iowa. The variance allowed the home to be updated to better meet the needs of a growing young family. Christian Workshop Addition — The home at 13415 Gunflint Court was constructed on a corner lot in 1983 so that the garage faced Gunflint Court while the front of the home faced 134th Street W. In addition, the home was constructed on an angle, further reducing available space on the south side of the property. A side yard setback variance allowed the homeowner to construct a 466 sq. ft. workshop beside the garage while placing the addition in the functioning rear yard of the property. Lear Deck Variance — Sometimes research is needed to determine that a variance is not required. A variance was found to not be needed in order to reconstruct a 12' x 12' deck on the townhome located at 8592 -134th Street W. The home was constructed in 1983, making it subject to the requirements of the zoning code in effect in 1976. Institutional Projects ISD 196 Safety Improvement Projects - Independent School District 196 has completed most of the school construction projects that began in 2017. The construction resulted from a special bond referendum that voters approved in 2015 to improve the safety and security of ISD 196 buildings throughout the District. All of the school entrances in Apple Valley were updated and enhanced to better control and identify visitors entering the buildings. In addition, surveillance and other safety equipment were also updated and site safety was improved by reconfiguring student drop-off/pick-up areas for buses and parents. Dakota County Residential Organics Drop off IUP — Dakota County applied for an Interim Use Permit (IUP) to create a residential organics drop off site on the north side of the Western Service Center (WSC) building at 14955 Galaxie Ave. Dakota County made the request while it was in the process of expanding its dumpster enclosure area. The Planning Commission reviewed the request and, citing concerns about possible impacts to the commercial center of Apple Valley, did not support the request. Dakota County decided to explore other locations in Apple Valley and withdrew its request before it was considered by the City Council. Zoning Code Amendments Impervious Surface Coverage - The updated Impervious Surface Coverage ordinance was a collaboration between several departments including Community Development, Natural Resources, Engineering and the City Attorney's office. The ordinance was enacted to address issues homeowners were encountering who lived in neighborhoods zoned "Planned Development" (PD). Many of the PD developments were established with maximum building coverage requirements with no regulation of impervious surface area. As the economy has improved, more residents have been making improvements to their homes by constructing additions and other improvements. The building coverage requirement hindered property owners from expanding their homes. Switching to a maximum impervious surface area will work better for residents and will help the City to meet its goals related to stormwater management. Front Porch Setback Ordinance Amendment — The Planning Commission has recommended a code amendment allowing covered front porches to extend into the front yard setback by 8 feet. Current code allows uncovered front porches to extend 8 feet. Staff has worked with several residents seeking to update the front entry of their homes and processed several variances to this code. Final review by the City Council is anticipated in early 2019. Melby Property Zoning Appeal — Staff began work on a request by Miller Farms of Lakeville, LLC on an appeal to the Zoning Administrator's finding that a residential use is not permitted on property located at 5751 150th Street West in the "BP" (Business Park) zoning district. Review of this request will continue in 2019. Other 2040 Comprehensive Plan Update — SRF Consulting Group was retained to be the lead consultant and has been responsible for the preparation of the required land use, housing, and transportation chapters; and the vision and community context chapters. Separate consultants were retained to prepare the water resources and parks chapters and the active living elements of the 2030 Plan. The Planning Commission, acting as the steering committee for the project, met with the consultants on seven occasions in 2017-18 to review and provide input on the Plan's chapters. The consultant also attended the 2017 Home and Garden Expo, conducted an online survey, and met with several stakeholders such as DARTS, School District 196, Dakota County Community Development Agency, Apple Valley Chamber of Commerce, the Dakota County Transportation Division, and the Alliance for Sustainability. Other outreach efforts included City staff attending this year's Home and Garden Expo and having Comp Plan information available for review by the attendees. Open houses were held on April 30 and May 7 at the City Council chambers where the public had an opportunity to review and discuss with staff the proposed update. On May 24, 2018, the City Council authorized distribution of the draft Plan to adjacent communities, Dakota County, Independent School Districts 191 and 196, Black Dog and Vermillion Watershed Districts, MnDOT, and our Metropolitan Council sector representative. The Plan was sent to these entities on May 31, 2018, for their 6 -month review. A public hearing to receive comments on the draft 2040 Comprehensive Plan was held by the Planning Commission on June 6, 2018. Finally, On December 28, 2018, the City Council approved the submission of the Plan the Metropolitan Council for their review and the Plan was submitted on December 31. The Met Council will have 120 calendar days to complete their review and to take final action. Once the they make their determination, a letter will be sent explaining their action and the steps. Upon receipt of the Metropolitan Council's letter, the final draft Plan will be reviewed by the Planning Commission and a recommendation will be made by the Commission to the City Council. The City Council will then be asked to make a final decision on the adoption of the 2040 Comprehensive Plan Update. Sketch Plan Reviews Held Two sketch plan reviews were held in 2018, Ryan Real Estate Redevelopment and Springs at Cobblestone Lake which both resulted in formal applications which were approved. l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5.A. March 6, 2019 Public Hearings Description: Ordinance Amending City Code XV, Chapter 154, Sign Regulations - PC19-04-Z Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: City of Apple Valley Project Number: PC19-04-Z Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: It is not the practice for the Planning Commission to act on an item on the night of its public hearing. However, if there are no adverse comments or concerns from the Commission or the public, staff is recommending that the Planning Commission recommend approval. Recommend amending City Ordinance regarding digital signs to the draft language with final review by the City Attorney. SUMMARY: In 2014 the City of Apple Valley updated it's sign ordinance to accommodate digital signage. Digital sign technology has expanded rapidly since this time and the City needs to respond to these updates for signage within the community to be competitive. The goal of the sign ordinance is to promote signs which are effective for business, aesthetically pleasing, and reduce visual clutter of the community. A table of sign regulations for Apple Valley and surrounding communities is attached to this report for review. Using this research, staff has proposed draft changes to the digital sign ordinance that are consistent with surrounding communities and reflect the needs of the business community. BACKGROUND: Currently, the City of Apple Valley allows di -chromatic (or two color) digital displays, and requires that the text not change more than once every twenty minutes. Research of surrounding communities found that that this "hold time" is longer than the majority. Additionally, the restriction for two color displays is rare, as most communities allow full color photos. Video and animations, such as text scrolling or a waving figure are not permitted by the Apple Valley code, and are generally not permitted among neighboring communities. Based on communication with the business community, staff is recommending the following changes: • Full color images be permitted, but prohibit animations, video, or flashing lights. • Images be permitted to change once every 60 -seconds, rather than 20 minutes in current code. • Require that signs include a malfunction screen that is all black, or that they turn off in the event of a malfunction. This is done to ensure a sign does not become blindingly light, or flash, both of which would be disruptive to drivers and neighboring property. When the digital sign ordinance was crafted in 2014 the Council, Commission, and staff noted concern over the resolution or readability of the digital signs of that era. Images on these signs were often pixelated and unreadable. With the advancement in sign technology this is no longer a concern for new signs as the correct settings can offer a clear and visible image. At this time, staff is not proposing any changes to the permitted size, location, or brightness of digital signs, which have all been regulated through the 2014 code amendment. BUDGET IMPACT: This amendment will not affect the City Budget. ATTACHMENTS: Exhibit Ordinance 00 k _ ., % 0 f E/) m \ , 0u_ \ § % \ f E/§ • m \ , 0u_ \ / % \ 0 c 2 \ / m \ s_ \ \ 7 2 \ § / ® / 2 2 S E - / /) \ y = £ . / 0 / 3 / ƒ ® )\ ( E » 7 0 \ g 2 § § k > § \ 0 - \ 0 - \ • (\ 1 0 ! / \ c •E \ @ 0 § ® % 0 m ® L) § § y / § § S CO } 8 E 7 7 7 u j b 1 § § / 3 \ m On Premise Digital Sign Regulations Size Height Luminosity 7500 nints daytime. Same regulations as non 500 nits after dark. digital signs Automatic dimmer controls required t ; • \ / cu ` 2 \ \ \ \\y\ o44t / e O e• Subjective measure. 3 criteria. May not "be of such intensity or brilliance to impair the vision of motor vehicle driver" .5 Foot candle when adjacent to residential. 1.0 when adjacent to similar use. In some districts may not be illuminated at night 0 00 § c / be 2 5 \ ƒ E 7 ® ) a- 1- a = 0 } u Same regulations as non digital signs 2 ) v \ _ & •s a cu § E / be \ \ 2 / \ / - _ 8 5 , \ § / 7 \ 2 \ j , m = $0. J� \ e 2/ y E 2 ® § \ } ƒ \ \ / 2 s 0 2 ° - g & OD k0 , \// R§ \ \ / \ 4- c / 2 / LE - 5 ° § j / �_ / ( VI ll 2 \ ) If two signs are permitted on a lot, the signs shall be at opposite ends of the property One sign permitted per street frontage. One half of the required lot width between signs @ 0 • § \ j j ® § \ z NJ / § \ j j ® § \ z NJ / § \ j j ® § \ z N -.R / \ cc CU 0 0 0 k E -0 \ / \ \ / = R E E a g | ® ` < s V / % \ ) / 9 - ( _ OC @ - - el w / /& _ # ° o \ ° a / > y ° § & ®_ Ln \ § u 5 \ $ ®cz, _ \ u) u_ u= 2 § e 0 _ / E $ E 2 { \ > co E 7 a» _ 5 2 o May require a CUP depending on type and use of electronic sign Only Permitted with an interim CUP renewed yearly © 2 / ) / m / } u c \ / { ) 0 7 2 \ E / ® E — \ § — \ E — \ § — \ (\ § \ "0 ! g e Z k 4 c § \\ ( c ° / a g c 0 § m Ln 0 3 ) \ t10/ Cid £ ± 0 • \ s. \ \ 2 / t \ / ) 5 % / ) //f e\ / \ J \ \ \ » / , % ct 0 \ \ \ \ o 7 \ .E § \ ` \ ® ° /&/ \ -d 800' from another Zone based, not permitted in residential - dynamic display sign districts Regulated by interim CUP \ •/ 3 k ƒ\( = j ® / \ \ ) rn E / 0 } Ln c \ .• \ ƒ \ cU \ § 2 t \ co £ \cu « ` cU (13 ® \ cu , \ ( / 2 k j 0 , • m = _ - U $ 2 E / e \ / /\ a — } ) \ 2 \ ® u •7., / / \ § \ = a @ _ N co 4 — k \ » $ y _ \ •E o _ —• — % / O \ \ \ C'C'-42' ® co u E / a Q - / E — ¥ e o \ \ be 7 / \ a u _ 3 0 % Same as other zones g ilm \p. ( /,, / 9 0 . / ( CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV, CHAPTER 154, OF THE CITY CODE ENTITLED "SIGN REGULATIONS" BY AMENDING REGULATIONS REGARDING ELECTRONIC DISPLAY SIGNS. The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is hereby amended by revising Section 154.04 (L) to read as follows: SECTION 154.04 SIGNS REQUIRING A PERMIT. (L) Changeable signs subject to the following requirements: (1) Only reader board signs and electronic message signs are permitted; (2) The sign and the structure on which it is located shall be permanently installed and shall not be a portable sign; (3) The sign shall not be located within any residential or multiple family residential district; ('1) No graphic(s) or picture shall be present on the display arca or as the background of the sign display arca; (.4) If the changeable sign is an electronic message sign, the following requirements shall be met: (a) The text or message on the sign shall be maintained as one color; (b) The background of the display arca shall be maintained as a solid, single color; and (c) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. (a) The message shall be static, but may be changed at no less than a 20 minute 60 seconds intervals, and the message text shall not scroll or ticker across the sign display area. The only exception to this provision shall be for time, date, and temperature information which may be considered one display message and may change every three seconds. (b) The images and message displayed must be complete in a single interval display; no image or message shall continue in content to the next image or message displayed or to any other sign. (c) Digital or LED display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. (6) There shall be no illuminated border around or within the display area; 1 (7) No changeable sign shall be affixed to the building; and (8) Electronic message signs used in connection with public roadway operations by the state, county or city shall not be subject to the permit or permit fee required herein. Section 2. Filing. The City Clerk shall file a copy of this ordinance in her office, which 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 that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 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. ATTEST: Pamela J. Gackstetter, City Clerk Mary Hamann -Roland, Mayor 2 ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 7.A. March 6, 2019 Other Business Description: Cider Ridge Marketplace/Hope Church Commercial Sketch Plan Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: Hempel Companies Project Number: Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: • No official action is required. The owner wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal land use application. • It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. SUMMARY: The applicant wishes to present plans for a proposed development on the west side of the Hope Church property, abutting Cedar Avenue, at 7477 - 145th Street West. If the project were to move forward, the petitioner would be requesting the following actions: 1. Comprehensive Plan Amendment from "INS" (Institutional) to "C" (Commercial). 2. Rezoning from "P" (Institutional) to "PD" (Planned Development). 3. Subdivision by preliminary plat to subdivide the existing 7.4 -acre lot to create a 33,600 sq. ft. (0.8 -acre) lot for commercial development. 4. Conditional use permit (CUP) for bank teller drive-thru. 5. Site plan review/building permit authorization for construction of a 7,200 sq. ft. multi - tenant building, Cider Ridge Marketplace. Hempel Companies seeks to subdivide the property to construct a 7,200 sq. ft. multiple tenant office -retail building. The Hope Church property abuts residential development on the north and east sides of the property. On the south, the property abuts 145th Street W. and south of that is the Dalseth Dental Clinic. The west side of the property is bounded by Cedar Avenue. A large 75' wide pipeline easement bisects the property at an angle and restricts development and redevelopment of the property. BACKGROUND: 1 . Comprehensive Plan Amendment - Both the 2030 and 2040 Comprehensive Plan currently guide the development of the site for "INS" (Institutional) uses. A comprehensive plan amendment would be required in order to redevelop the site for professional office or other limited business uses. When the City considers a comprehensive plan amendment, it has the most discretion to decide whether a proposed change to the plan is consistent with the City's vision for the City and the specific neighborhood area. Guiding principals found in the 2040 Comprehensive Plan include: • The results of a public survey conducted in early 2017 indicates that there is strong support for investments in and redevelopment of Downtown that continue to promote a unique "sense of place." A sense of place arises from utility, activity, and careful design. (p. 4-9 Land Use) • An important objective of city planning in Apple Valley is to preserve the vitality and cohesiveness of residential neighborhoods. To that end, the City aims to minimize land use conflicts through application of the zoning ordinance and buffering policies. ... Buffering techniques are Apple Valley's primary strategy for smoothing land use transitions. (p. 4-3 Land Use) • The limited business designation is reserved for general offices and businesses that exclude retail activities. Business operations usually occur within an enclosed building and are generally limited to weekdays. These uses are located adjacent to the retail core of the downtown and may act as a transition to residential neighborhoods. The LB, LB -1, and PD zoning districts are applicable with this commercial category. (pp. 4-21 and 4-22 Land Use) A typical multi -tenant retail shopping center building would likely be an incompatible use in this location given the nearby residential neighborhoods. Commercial retail businesses are likely to have service hours in the evenings and on weekends that may conflict with church activities. The site's high visibility and traffic levels on Cedar Ave make it very appealing for retail development. High traffic generating uses like a coffee shop with drive-thru or Class II restaurant with drive-thru would also not work well on the property. Appropriate uses will need to be evaluated in light of the nearby residential neighborhoods and potential impacts to the signalized intersection at Cedar Ave and 145th Street W. 2. Rezoning - The property must be rezoned in order to redevelop the site as shown on the plans. The petitioner is considering requesting a rezoning of the small parcel to "PD" (Planned Development) to provide more flexibility in performance standards such as building coverage, setbacks, and permitted uses. Redevelopment projects usually require a degree of flexibility. However, if a property owner requests a rezoning to PD when the lot is smaller than 5 acres, he or she must discuss (1) how the proposed PD project better meets the City's comprehensive plan goals and policies than standard zoning and (2) how a planned development zoning on this site would be in the public interest. The applicant has submitted a list of proposed uses to incorporate into a planned development zone for the City's review and consideration. The applicant seeks to create a planned development zoning district that combines some of the uses found in the "LB" (Limited Business) and "NCC" (Neighborhood Convenience Center) zoning districts. Staff is concerned that any retail would have higher activity levels than would be appropriate adjacent to residential uses. 3. Subdivision by Preliminary Plat - A subdivision by preliminary plat will be required in order to create a separate lot for the office/retail building. The subdivision will need to clearly show all of the right-of-way and easements that have been dedicated on the property. Dakota County obtained additional easements along 145th Street for the Cedar Avenue reconstruction project. 4 . Conditional Use Permit - A drive-thru lane is shown on the north side of the building circulating in a counter -clockwise direction. Vehicles at the window will face west towards Cedar Avenue. Attention to landscape design will be needed to shield headlights from Cedar and from any headlight sweep to the north. Depending on how the PD zoning is set up, a conditional use permit (CUP) is usually required for drive-thru window service. The conditional use permit would allow the City to establish reasonable conditions on the drive- thru use to help mitigate any adverse impacts. 5 . Site Plan Review/Building Permit Authorization - The petitioner is interested in constructing a 7,200 sq. ft. multiple tenant office/retail building for three or four tenants. The resulting building coverage on the newly created lot would be 21.4%. The maximum building coverage permitted in the "LB" and "LB -1 (Limited Business) zones is 20%. The site would be accessed from the existing church drive access. No additional accesses are requested. The building is shown oriented parallel with Cedar Ave with the front of the building facing east and the rear of the building facing west. The appearance of the west side of the building will be an important consideration given its visibility to Cedar Ave. At 7,200 sq. ft., the building will be required to have a minimum of 41 parking spaces; 35 parking spaces are provided on the newly created lot. The petitioner states that there will be cross -parking and cross -access easements executed between the church and office properties. The typical setback for parking lots in the "P" zone adjacent to residential areas would be 20'. The site plan shows the parking lot and the site dumpster located 5' from the north property line. Setting the parking lot further back from the property line will also allow for the preservation of existing coniferous trees that are currently buffering the church property from the residential property to the north. The parking and dumpster should be set back 20' from the north line. Three parking spaces are also shown within an area that staff believes to be easement area, less than 5' from the 145th Street right-of-way line. The parking spaces and retaining walls would need to be relocated out of the easement areas. Storm water management must be addressed outside of the pipeline easement. The plans currently show infiltration basins within the pipeline easement. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Applicant Letter Plan Set Plan Set Memo Cider Ridge Marketplace (Hope Church) Sketch Plan PROJECT REVIEW Existing Conditions Property Location: 7477 — 145th Street West; Northeast comer of Cedar Avenue and 145th Street West. Legal Description: Lot 1, Block 1 Hope Alliance Addition Comprehensive Plan Designation 1NST-Institutional Zoning Classification P Institutional Existing Platting Platted lot. Current Land Use Church Size: Existing Lot: 7.2 acres (314,884 sq. ft.) Confirmation of right-of-way easements needed. New Lot: 33,588 sq. ft. (0.771 acres) Remaining Lot: 281,296 (6.458 acres) Topography: Generally flat area adjacent to Cedar Avenue with significant increasing grades on east side of property. A swath can be seen on aerial photography where the pipeline easement bisects the property at an angle. Existing Vegetation Wooded area east and northeast portion of property. Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Greenleaf Townhomes 3rd Addn Comprehensive Plan MD (Med. Dens. 6-12 u/a) & LD (Low Dens. 0-6 u/a) Zoning/Land Use M -4C (Multi fam, 6-8 u/a) & R-3 (Sing fam. 11,000 min lot) SOUTH Dalseth Dental (Lot 1, Block 1 Christian Science Society) Comprehensive Plan C -Commercial Zoning/Land Use LB Limited Business EAST Hope Church Comprehensive Plan 1NST-Institutional Zoning/Land Use P -Institutional WEST Across Cedar Avenue = Kwik Trip Comprehensive Plan C -Commercial Zoning/Land Use RB Retail Business 1 HOPE CHURCH COMMERCIAL LOT SKETCH PLAN HOPE CHURCH COMMERCIAL LOT SKETCH PLAN COMPREHENSIVE PLAN MAP HOPE CHURCH COMMERCIAL LOT SKETCH PLAN x February 6, 2019 RE: Cider Ridge Marketplace Dear Ms. Bodmer: HEMPFL. 80 S 8th Street Suite 1850 Minneapolis, MN 55402 T 612 355 2600 F 612 355 2800 www.hempelcompanies.com Hempel Companies is proposing to develop an approximately 7,200 square foot office/retail building on the NW corner of Cedar Avenue and 145th Street West. The site is currently a portion of an underutilized parking lot owned by Hope Church. The goal of this project is to bring a highly -quality and aesthetically pleasing building to a very sought after market with great visibility and access to Cedar Avenue. This desirable site will be an extremely viable place for businesses to locate. Prospective businesses that would be an excellent fit include a bank, dentist, sandwich shop, jewelry store, salon spa, fitness boutique, bike shop, and other similar office and retail uses. The project will require the subdivision of the land from the church and a reciprocal easement will be created for both parking and access. Additionally, improvements will be made to the church parking lot surface and lighting. The parking field will be reoriented to include enough parking for both the church and office/retail building to meet the applicable zoning codes for such uses. Thank you for your consideration of this project! Sincerely, Ben Krsnak Executive Vice President Hempel Companies Hempel Companies Request Feb 6 2019 Permitted Uses: No structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Municipal buildings including police, fire, emergency management, and the like, but not public works; (B) Professional offices, banks and savings and loan with or without drive-thru; (C) Offices of a general nature; (D) Clinics for human care; (E) Institutional uses, such as library, church, public schools, religious centers, health centers and community building; (F) On -sale wine and/or 3.2% liquor in conjunction with a restaurant facility; or (G) Coin-operated amusement devices in conjunction with a restaurant facility or private club. (H) Day-care centers (I) Retail operations selling personal services or goods over the counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipment, photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental, and wearing apparel. (J) Class 11 restaurant without drive-thru not to exceed 2,000 SF per zoning lot Conditional Uses: No structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Nursing homes, rest homes, retirement homes or hospitals for human care, and private schools; (B) Funeral homes and mortuaries; (C) Art, interior decorating, photographic or music studio; (D) Radio and television studios; (E) Private clubs and lodges not operated for a profit; (F) Historical buildings, museums, art institutes, galleries and playhouses; (G) Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district; Hempel Companies Request Feb 6 2019 (H) On -sale liquor in conjunction with a restaurant facility; Restaurants, Class I only; and Animal hospital or clinic when contained within a building; ivi nl3ai /rr- :met / r _y / / m= k'r 11 11) / / ♦ (EZ 'ON 'ON'OJ) -p = 317N3i17 8703J / 1 *Lz, 0- o L.J .22 L PROJECT SUMMARY 22 Y P F // T L '± -, / f 1 0 CD —13 NO' L. 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[NNE 9,9 E 01,5 ,oseuni. snodeaUNN OlE nINS N ainV EEC ONI Hra NS An Pannan0 Nor1onlISNO0 I10d ION— - NV -Id el0014 30V1c113N21VIN 30C11t1 21365 17E r CD— / / c'T NOLLONNISNOS NOA _LON CD— E'.. CD— an:CON-NS nsnnnn POLE 9,9 E OVSS ,oseuni. SnotleaUNN OlE nINS N ainV EEC ONI Hra NS An Pannan0 Nor1onlISNO0 10d IONL, I SNOIIVA313 el01e131)e 30V1c113NtIVIN 30C11t1 tl3d10 uJno siJI-Jrp mhvo. OOLE 9,9 E 01,5 ,oseuni. snonlean.N OlE a,nS N ainV EEC ONI Hra NS An Pannan0 61,09, aln0 Nor1onlISNO0 0d ION S3A1103dSel3c1, 30V1c113N21VIN 30C11t1 21365 v OMR 11,-`15,1E NOLLOSNOS [JA _LON 1 Apple Valley Fire Department MEMO City of Apple Valley TO: Kathy Bodmer- Planner FROM: Brian Kilmartn, Fire Marshal DATE: 2nd February 2019 SUBJECT: Cedar Ridge Market Place Kathy, my comments are as follows, - The newly constructed building will need a Fire Suppression System along with a Fire Alarm system installed. - In the exhibits submitted there needs to be proof that a 47 foot fire truck can access the site. Brian Kilmartin Apple Valley Fire Marshal bkilmartin@applevalle@re.org City of Apple.. Valley MEMO TO: FROM: DATE: SUBJECT: Kathy Bodmer, Planning George Dorn, Building Official February 8, 2019 7477 145th Street Cider Ridge Marketplace Building Inspections • 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. • The allowable area and building heights will be determined once the code analysis has been completed. • A grease interceptor may be required for this project per City Ordinance Chapter 51.08 (B) (d) based on type of occupancies leased. • Platting of the property lines must be completed prior to permit issuance. • Per MSAC 502.4.4, the access aisles for the accessible areas shall be marked with a designation sign that says "no parking. Review areas under consideration for accessible parking areas. CITY OF Apple 'Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: June 14, 2018 SUBJECT: Cider Ridge Marketplace Sketch Plan Review — 145th and Cedar Kathy, The following are preliminary Engineering comments regarding the Cider Ridge Marketplace Sketch Plan dated 02/06/2019. General 1. Drainage and utility easement shall be dedicated on final plat over all public infrastructure. 2. All work and infrastructure within public easements or right of way shall be to City standards. 3. Provide a narrative of how the buildings will be constructed and any impacts. The narrative shall include the following: a. Shoring (if applicable) b. Material Storage. c. Haul routes to and from the site. d. Phasing Permits 4. Provide a copy of the executed Encroachment Agreement with Magellan Pipeline for work occurring within easement area as indicated on plans. 5. A Dakota County Right -of -Way permit will be required for work within the Cedar Avenue right-of-way. 6. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. Site 7. Provide traffic impact study showing anticipated trips and distribution of traffic for determination of access needs. 8. Provide setback and easement lines on site plan. 9. Provide additional drawing showing Auto turn turning movements to verify site circulation and layout requirements for planned vehicle usage to be used onsite. Show truck movement with Auto turn entering site to ensure emergency and service vehicle can maneuver internally. 10. Additional sidewalk connections should be provided from the proposed 7,200 SF building to Cedar Avenue trail. Bike racks should be provided. 11. Additional sidewalk connections into the site from 145th Street at the drive entrance may be necessary. 12. Vehicle stacking in drive-thru will need to meet ordinance requirements of 6 vehicles without impacting internal site circulation. 13. Proposed retaining walls located in drainage and utility easements shall be privately owned. An encroachment agreement may be required. 14. Separate Easements for roadway at 145th street and Cedar exist and need to be indicated on the site plan and plat. 15. Center striped area within parking lot should be replaced with curb and gutter and landscaping. 16. Parking bump -out adjacent to entrance is not desirable at this location and should be relocated. Grading, Drainage and Erosion Control 17. Provide grading plan showing spot elevations, 1' or 2' contours, finish floor elevations, drainage swales, ponding, etc. Final Grading Plans shall be reviewed and approved by City Engineer. 18. Infiltration is should within gas and drainage and utility easements. No infiltration can occur within easement areas and need to be relocated onsite. 19. Per SWMP Policy 1.5 the City requires that new development and redevelopment activities do not increase peak runoff rates relative to pre -project runoff rates for the 1 -year, 2 -year, 10 -year, and 100 -year critical storm event. The City may impose more stringent rate control requirements if the capacity of the downstream system is limited. 20. Per SWMP Policy 6.5 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 Sanitary Sewer, Water Main and Storm Sewer 21. Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. Extension of Sanitary Sewer and Water main that serve more than one lot shall be publicly owned and maintained. 22. Provide additional drawing showing required hydrant coverage for site along with proposed water main connections. 23. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER -6. Landcape and Natural Resources 24. Quantities and locations of trees should be indicated on plan to show diversity of species. 25. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures for infiltration area, aquatic bench and upland areas associated with any storm water basins. 26. No major tree plantings shall be located over any underground utilities. Clusters of trees shall be used near or around these areas instead of planting in a row. 27. Additional screening is required along the north property line. ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 7.B. March 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, March 20, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, February 20, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, March 6, 2019 Wednesday, April 3, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, March 6, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, March 20, 2019 Next City Council Meetings: Thursday, March 14, 2019 - 7:00 p.m. Thursday, March 28, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A