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HomeMy WebLinkAbout05/01/2019••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 May 1, 2019 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A. Approve Minutes of March 6, 2019, Regular Meeting 4. Public Hearings A. Planned Development No. 703 Zoning Amendments - PC 19-06-Z Consider Ordinance Amendments to Allow Class III Restaurants with Drive -Through Window Service as a Permitted Use in Zone 6 of the Planned Development Location: Southeast Comer of 155th Street West and Pilot Knob Road Petitioner: Emperor Avenue Realty, LLC B. Cider Ridge Marketplace/Hope Alliance 2nd Addition - PC 19-05-PZSCB 1. Consider the Following Actions to Allow Development of a Multiple Tenant Limited Business Building West of Hope Church: • 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 a 31,002 sq. ft. New Lot • Conditional Use Permit (CUP) for Bank Drive -Through Operation • Site Plan Review/Building Permit Authorization for a 7,130 sq. ft. Multi -Tenant Office Building Location: 7477 - 145th Street West (Northeast Corner Cedar Ave and 145th Street W.) Petitioner: Hempel Companies and Hope Church of C and M Alliance 5. Land Use / Action Items 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, May 15, 2019 - 7:00 p.m. Next City Council Meeting - Thursday, May 9, 2019 - 7:00 p.m. 7. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.A. May 1, 2019 Consent Agenda Description: Approve Minutes of March 6, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of March 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 MARCH 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, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Keith Diekmann. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, Planner/Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, approving the minutes of the meeting of February 6, 2019. Ayes - 6 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, recommending approval of ordinance amending City Code Title XV, Chapter 155 Zoning, related to building construction standards, fences and accessory structures. Ayes - 6 - Nays - 0. 4. ANNUAL BUSINESS MEETING A. Nominate and Approve Officers Chair Melander opened the annual business meeting and asked for nominations. The Commission nominated and elected officer positions amongst themselves for Chair, Vice -Chair and Secretary. The officers, given only one nomination for each office, were accepted by unanimous consent under Robert's Rules of Order: MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to nominate Thomas Melander to continue to serve as the Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 2 of 6 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler to nominate Tim Burke to continue to serve as the Vice -Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin to nominate David Schindler to serve as Secretary of the Planning Commission for another year. Ayes - 6 -Nays-0. B. Approve 2018 Planning Commission Annual Report Community Development Director Bruce Nordquist summarized the work done by the Planning Commission in the year of 2018. MOTION: Commissioner Scanlan moved, seconded by Commissioner Burke approving the 2018 Planning Commission Annual Report. Ayes - 6 - Nays — 0. 5. PUBLIC HEARINGS A. Ordinance Amending City Code XV, Chapter 154, Sign Regulation — PC19-04-Z Chair Melander opened the public hearing at 7:13 p.m. Planner/Economic Development Specialist Alex Sharpe stated that in 2014 the City of Apple Valley updated its 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. He reviewed the changes and added that there would be a requirement for signs to include a malfunction screen that is all black, or that the sign turns off in the event of a malfunction. He said it is not the practice for the Planning Commission to act on an item on the night of its public hearing and if there are no adverse comments or concerns from the Commission or the public, staff is recommending that the Planning Commission recommend approval. Commissioner Alwin asked if the digital signs would still be subject to the same maximum area in size. Mr. Sharpe replied yes and that the size is not being amended. Commissioner Alwin inquired if this would be opened up to digital billboards. Mr. Sharpe replied no and that the City of Apple Valley does not permit billboards. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 3 of 6 Commissioner Scanlan asked how the disconnect feature for malfunctioning would work for retrofitting to the existing signs in the community. Mr. Sharpe answered that those sign owners would be notified and would have to go to a black screen and not be flashing. He added that the older type of signs are not as disruptive when a bulb goes out opposed to the sign flashing with a major malfunction. He said as they update to the new technology it would be a much more adverse effect. The malfunction feature comes into regulation with the new signs that are basically t.v. screens and when they go out the entire sign goes out rather than an individual bulb. Chair Melander closed the public hearing at 7:21 p.m. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan recommending amending City Code, Chapter 154, Sign Regulations related to digital signs with final review by the City Attorney. Ayes - 6 - Nays — 0. 6. LAND USE/ACTION ITEMS -NONE- 7. OTHER BUSINESS A. Cider Ridge Marketplace/Hope Church Commercial Sketch Plan Planner Kathy Bodmer stated no official action is required with a sketch plan and that the owner only wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal land use application. It is also 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. She said 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. She added that 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 4 of 6 easement bisects the property at an angle and restricts development and redevelopment of the property. 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. She reviewed uses for the site and said with church activities there could be conflicts as well as conflicts with traffic generating uses like a coffee shop with a drive-thru or a Class II restaurant with drive-thru services. 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. 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. Commissioner Burke asked for a comparison in size of this one to the TCF building. Ms. Bodmer answered that this building would be about three times larger in square footage than the TCF building. Commissioner Scanlan noted that the trash enclosure was in the north corner. Ms. Bodmer replied that she identified some concerns in the site plan and that typically institutional zoning district knowing that it is going to be next door to residential, the setback for parking lots next to residential would need to be 20 feet. She said the plans show 5 feet for the parking and for the dumpster. Staff would like that pushed off 20 feet. Commissioner Scanlan inquired if they put a restaurant there where would the minimum to residential properties be and asked if there could be some issues with that. Ms. Bodmer said that is a very good question and that it is more related to fast food. The Class III restaurants are more compatible with neighborhoods. It is a fine fit as long as there would be no drive-thru. Commissioner Scanlan said a drive -up for a bank would be okay but with a drive -up for a restaurant there could be a stacking concern with cars. He added he also takes a look at the landscaping components with the back of the building facing Cedar Avenue. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 5 of 6 Commissioner Alwin asked how far the nearest retail on the other side of Cedar Avenue is to this area. Ms. Bodmer said across the street is Kwik Trip and to the south is limited business so that would be professional offices. This area is north of the core of the downtown and before you get to the ring route area at 147th Street W. Commissioner Burke asked for the criteria needed regarding a planned development versus just the regular zoning. Ms. Bodmer replied that for projects less than five acres, they have to meet two tests. They have to talk about how the planned development project better meets the City's goals relative to the Comp Plan and the second is how the planned development zoning is in the public interest. Like what is the benefit to the City by going in this direction. Chair Melander said he concurs with Commission Scanlan's comments about the side of the building facing Cedar Avenue and this building would need to have two fronts as it proceeds because it cannot look like the back of a building. That would not be acceptable. He said he would be a little concerned with restaurant parking and it could be tight for parking. Perhaps it would be a nice fit with the church because folks after church go for breakfast. He added he does not have trouble with it as a concept. Ben Krsnak, Hempel Companies, thanked the Commission for considering this project and thanked Ms. Bodmer for the work she put in to it so far. He said they are excited about this project and they think it is an underutilized property right now. In terms of achieving the goals of the City, this is a new property. They would be committed to making it extremely attractive outside. This would not be the typical strip center. It has two-sided architecture with windows and they are a big believer of bringing in the natural light for the tenants in their building. They use high quality materials on the building. Commissioner Kurtz asked for the views of the front and backsides. Mr. Krsnak showed the two views and said there would be a sidewalk on the back for connection to promote pedestrian access for utilization of this property. Commissioner Alwin said it conceptually fits with the Comprehensive Plan when we are looking for a little bit more density, some building out and filling those outlots in proximity to Cedar Avenue with walkability and approachability. He added that the zoning concern would be a little retail sprawl and could be the tenant mix, obviously not a hardware store here. It is a nice looking building. He thinks it would complement the church and parking that they do not have that big open parking lot. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 6 of 6 B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, March 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 Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:52 p.m. Ayes - 6 - 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: 4.A. May 1, 2019 Public Hearings Description: Planned Development No. 703 Zoning Amendments - PC19-06-Z Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Emperor Avenue Realty, LLC Project Number: PC19-06-Z Applicant Date: 4/3/2019 60 Days: 6/1/2019 120 Days: 7/31/2019 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. SUMMARY: Emperor Avenue Realty, LLC is requesting an amendment to Planned Development Ordinance No. 703 to allow a Class III restaurant to have drive-through window service in zone 6 of the Cobblestone Lake planned development. Zone 6, which encompasses approximately 49 acres, is bounded by Pilot Knob Road to the west, 155th Street West to the north, Cobblestone Lake Parkway and Cobblestone Lake to the east, and the North Creek Greenway trail to the south. A little over half of zone 6 is occupied by the Orchard Path continuum -of -care facility (12 acres) and Target (17 acres). Two vacant parcels totaling 1.2 acres also exist within the zone. The applicant is currently constructing an 8,148 -sq. ft. multi -tenant retail building on a 1.26 - acre lot located in the southeast corner of 157th Street West and Emperor Avenue. The building includes a drive-through window for a future restaurant at the north end of the building. The drive-through lane wraps around the east and north sides of the building. At the time of the approval of site plan/building permit authorization on November 9, 2017, the applicant also received approval of a zoning amendment to allow for a second drive- through window in conjunction with a Class II restaurant in zone 6 of the planned development. They are now asking that the City consider further amending the ordinance to allow for a Class III restaurant, in particular a coffee shop, with drive-through window service. This coffee shop would occupy the north end of the their new building. No changes to their approved plans are being requested with the addition of a coffee shop. The current planned development ordinance allows for a Class II restaurant with drive- through window service as a permitted use, subject to the following: 1. The restaurant shall be located within a multi -tenant building and shall not occupy more than 50% of the building and shall not exceed 3,000 square feet of floor area 2. Only two restaurants with drive-through windows shall be allowed in zone 6. 3 Landscaping, screen wall, or a combination thereof shall be installed between the drive- through window lane and any private and public street, and open gathering spaces. 4. Hours of drive-through window operation shall be confined to the hours of 10: 00 a.m. to 11: 00 p.m. daily. 5. Only one drive-through lane and menu board shall be allowed. The applicant is proposing amendments that would include Class III restaurants with drive- through window service as a permitted use, subject to the following additional conditions: 1. The restaurant shall be located within a multi -tenant building and shall not occupy more than 50% of the building and shall not exceed 2,500 for a Class III restaurant. 2. Class III restaurant drive-through window operation hours shall be confined to the hours of 6:00 a.m. to 11:00 p.m. daily. BACKGROUND: Comprehensive Plan: The property owned by the applicant is currently guided "MIX" (Mixed Use). Mixed Use areas contain a mix of retail and service business, office, institutional, medium and higher density residential, public uses and/or park and recreation uses. The uses may be mixed vertically (in a common structure) or horizontally (in a common site or area). Among the objectives for "MIX" areas are: • Organize land use in a compact and walkable environment. • Set standards for private development and public improvements that produce enduring quality and enhance the character and identity of Apple Valley. • Encourage parking strategies that support greater intensity of use. • Integrate green/open space and trails into Mixed Use areas. • Improve environmental conditions, such as water quality and energy use, through development incentives. • Connect Mixed Use areas to public facilities, including transit systems, and to the broader community. Mixed Use will be implemented through planned development zoning. The City will use design standards and other land use controls to achieve the desired outcomes. These design standards will be implemented through the planned development zoning process. At the present time, the Central Village, Apple Valley Transit Station, former Apple Valley Transit Station, and a small portion of Cobblestone Lake are designated "MIX". Zoning: The property is zoned Planned Development No. 703/zone 6. Identified uses in zone 6 include a wide variety of retail, Class I, II, and III restaurants, professional offices, educational tutoring services, convenience stores, apartments, and continuum of care facilities. The zoning ordinance defines a Class II restaurant as: 1. Carry -out and delivery restaurant where food is prepared for consumption off the premises only. 2. A fast food restaurant, which is an eating facility where a majority of the customers order food and are served at a counter and then take their food to a table, counter, outdoor seating area or off the premises for consumption. The food is either pre - prepared or quickly prepared and served with non -reusable food packaging and non - reusable utensils, plates and cups. Customers typically bus their own tables and 45% or more of the floor area is devoted to food preparation. Any eating facility with drive- through service shall be deemed a fast food restaurant. A Class III (neighborhood restaurant) is defined as an eating facility including bagel shop, sandwich shop, coffee house, lunch counter, delicatessen, ice cream shop where all of the following exist: 1. Restaurant does not exceed 2,500 square feet in size; 2. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. daily; and 3. The restaurant does not serve foods which require the installation of a Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code. The City's "RB" (Retail Business) zoning district allows a Class I restaurant, and Class III restaurant without a drive-through window, as permitted uses. A Class II restaurant is a conditional use in this zoning district. Drive-through window in conjunction with a Class III Neighborhood Restaurant is allowed as a conditional use in the "RB" zoning district, when the following requirements are met: 1. The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses. 2. The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer. 3. When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. During the review of the zoning amendments and site plan/building permit authorization requests in 2017, concerns were raised regarding the impacts that an additional drive-through window would have on traffic in and around the proposed development. Because of this concern, the applicant was asked to do a traffic analysis and provide the findings to the City for review. A traffic memorandum was prepared by the applicant and reviewed by the City's traffic consultant. The memo also provided additional data in their review that included future development on lot adjacent to the south. They concluded that the intersections adjacent and near the proposed subdivision would have acceptable levels of service. They did indicate that if traffic to and from Pilot Knob Road were to back up on 1 58th Street West, consideration should be given to modifying the Emperor Avenue/158th Street West intersection from a full to a three-quarter or right in/right out intersection. Staff had no signification issues with their consultant's findings. However, staff has requested that the applicant submit a revised traffic memo that reflects the change in restaurant use from a Class II to a Class III coffee shop. Staff will not make any recommendation until we've had time to review and comment on any proposed traffic changes resulting from a Class III restaurant with drive-through window service. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Comp Plan Map Zoning Map Site Plan Landscaping Plan Elevations PD -703 ZONING AMENDMENTS REQUEST ZONE 6 LOCATION MAP PD -703 ZONING AMENDMENTS REQUEST COMPREHENSIVE PLAN DESIGNATION "MIX" (Mixed Use) irk or a Wiwi R-3 1S5TH SI W EAGLES NEST WAY - .-_COBBLESTg14E LAKE PKWY,' EDDINGTON WAY_ oro 11 111 poromism41 11 'vi. I,`. !. it le l! `auISr +* ■M**r{ PD -703 ZONING AMENDMENTS REQUEST ba a 0J 157th Street west u` 0 • a•a oY"s Aimoliud 9 e7 euoJse/ggo0 DECIDUOUS TREE P 157th Strati!' WY, VA" SHRUB PLANTING DETAIL • § § Dricr,m, PERENNIAL PLANTING ss III IS II E 1E ET 111/, v* wry 4! A Azioped ye 7 euolsemoo 'C-T,"1,7F1,1 L entifilAV JOARcAte 110:141e.).#,1*1 SNI '3iif11.73111-1J»V gra Inouaniku o -- II_ NC b .3 SNOLLVA31.3 iJ011,131X3 5 11V13e1 A 11dn 3lddV O 1®1. 0 �!�! 1®1® o -- O 5 a DNIIn`3ti ftL DJ.LIHDif gra O S3A1133dS d w.-Mswc�.�...n-4wra 1IVJ.3a A 11VA 3iddV t{ 1=j=faimmnry I; 'p kftittW 0 1 WO JI 1 i' lag :,f 0 OraTISEMI' tT 0 Ma" ONCUUni0AIIN2q1V Hra xs arm.. -44 Loolua .111111 P.be 0 NVld '800 -Id A311VA 31ddV ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.B. May 1, 2019 Public Hearings Description: Cider Ridge Marketplace/Hope Alliance 2nd Addition - PC19-05-PZSCB Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: Hempel Companies and Hope Church of C&M Alliance Project Number: PC19-05-PZSCB Applicant Date: 4/5/2019 60 Days: 6/4/2019 120 Days: 8/3/2019 ACTION REQUESTED: • Open Public Hearing, Receive Comments, Close Public Hearing. • It is the policy of the Planning Commission to not take action on an item on the same night as its public hearing. SUMMARY: The applicant wishes to subdivide a 31,002 sq. ft. parcel from the 7.2 -acre Hope Church property to construct a 7,130 sq. ft. multi -tenant building along Cedar Avenue. The building would be located on the west side of the Hope Church property at 7477 - 145th Street West. The petitioner is requesting consideration of 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 7.2 -acre lot to create a 31,002 sq. ft. (0.7 -acre) lot for commercial development. 4. Conditional Use Permit (CUP) for bank teller drive-thru operation. 5. Site Plan Review/Building Permit Authorization for construction of a 7,130 sq. ft. multi -tenant building. Residential properties abut the Hope Church property 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: Comprehensive Plan: An amendment to the Comprehensive Plan designation is needed to develop the site for limited business uses. The petitioner seeks to redesignate the newly created parcel from "INS" (Institutional) to "C" (Commercial) uses. When the City reviews a request for a comp plan amendment, it has the most discretion to decide whether a requested plan amendment is consistent with Apple Valley's vision for the City and for the neighborhood area. The Comprehensive Plan guidance for redevelopment and infill development includes supporting development projects that provides a "sense of place," ensuring site design preserves the vitality and cohesiveness of existing nearby residential neighborhoods and considering uses that provide a transition between residential neighborhoods and the retail commercial Downtown of the City. Rezoning: The petitioner requests a rezoning of the newly created lot from "P" (Institutional) to "PD" (Planned Development). A PD zoning is requested to provide a mix of limited business (office) and neighborhood retail uses. A PD is also requested to provide relief (or a waiver) from some of the setback and coverage requirements of a currently defined zoning designation. City staff is concerned that retail activity may be too intense for the neighborhood and would prefer to structure the PD to have a limited business underlying zoning designation with neighborhood service uses, but no retail. Subdivision by Preliminary Plat: The subdivision by preliminary plat is needed to subdivide a new lot from the existing church parcel. Drainage and utility easements are required around the newly created lot in accordance with the Subdivision Code. An easement that was obtained by the County for additional street right-of-way for 145th Street should be shown on all of the plans as the southern property boundary so that setbacks can be measured from the ROW line. A 26' drainage and utility easement is shown dedicated along 145th Street for existing water and sanitary sewer lines. The plans show encroachment into the easement by a retaining wall and portions of the parking lot which is an issue because public utilities are already in the easement. CUP: A conditional use permit is requested for the bank drive-thru lane on the north side of the building. The drive-thru lane should be contained within the lot that it is serving; currently it is located outside of the newly created lot. Additional landscaping is needed along the west and north sides of the drive-thru lane to screen headlights from Cedar Ave and the residential neighborhood to the north. The drive-thru lane also needs to be shifted outside of the drainage and utility easement. Site Plan/Building Permit Authorization: The plans show that the new lot will share the use of the existing church driveway off of 145th Street West. No other drive accesses are proposed for the site. The building will be placed parallel with Cedar Avenue with the front entrances facing east and the back of the building facing west. The plans show attention to the design of the exterior of the building so that all sides appear to have the same treatments and consideration as the front of the building. Parking requirements appear to be met on the two sites. Cross -access and cross -parking easements will be needed. The dumpster that was previously shown along the north property line has been relocated to north of the drive-thru lane, but outside of the newly created lot. One of the exceptions requested by the petitioner is to allow a building that exceeds 20% building coverage on the lot. The proposed building would cover 23% of the lot. Not all of the facilities required for the new lot are shown on the new lot. Instead, three stormwater ponds, the drive-thru lane, the dumpster and the landscaping are spread over the church property which will not benefit the church. Instead, the cost and responsibility for maintaining the structures will be born by the church rather than by the new lot. The newly created lot should be able to accommodate all of the structures and requirements of the subdivision and zoning codes. Engineering: The City Engineer reviewed the plans and his comments are attached in the City Engineer's memo. He notes that the retaining walls on the south side of the building are currently shown over public utilities. The petitioner will either need to move the walls or move the utilities. Traffic was reviewed and traffic issue have been addressed with the current uses proposed. Storm water must be managed on the newly created lot, Lot 2. The storm water facilities shown on the plans provide no stormwater infiltration for the newly created lot. Additional Information Needed: Auto -turn drawings are needed to confirm circulation of emergency vehicles through the site. A hydrant coverage map will also be required. A lighting plan is needed to confirm light levels along the north property line and street right-of- ways. Additional plans may be needed to answer questions raised at the public hearing. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Map Applicant Letter Plan Set Plan Set Memo Photo Cider Ridge Marketplace (Hope Church) PROJECT REVIEW Existing Conditions Property Location: 7477 — 145th Street West; Northeast corner of Cedar Avenue and 145th Street West. Legal Description: Lot 1, Block 1 Hope Alliance Addition Comprehensive Plan Designation INST-Institutional Zoning Classification P Institutional Existing Platting Platted lot. Current Land Use Church Size: Existing Lot: 7.2 acres (313,646 sq. ft.) Lot 1: 282,644 sq. ft. (6.489) Lot 2: 31,002 sq. ft. (0.712 acres) Dedicated right-of-way: 1,238 sq. ft. 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. Proposed building area urban landscaping. Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Greenleaf Townhomes 3rd Addn and Scott Highlands 3' Addn Comprehensive Plan MD (Med. Density 6-12 u/a) & LD (Low Density 2-6 u/a) Zoning/Land Use M -4C (Multi family, 6-8 u/a) & R-3 (Single family, 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 INST-Institutional Zoning/Land Use P -Institutional WEST Cedar Avenue and Kwik Trip Comprehensive Plan ROW and C -Commercial Zoning/Land Use ROW and RB -Retail Business 1 Development Project Review Comprehensive Plan: The 2040 Comprehensive Plan guides 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 Apple Valley as a whole and for the specific neighborhood area. Guiding principles 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) The site's high visibility, location at a signalized intersection, and traffic levels on Cedar Ave make it very appealing for retail development. However, the City will need to evaluate the requested infill development in light of potential impacts on nearby residential properties. Typical commercial retail businesses, like convenience stores with gas, coffee shops with drive-thru and full-service restaurants can be high traffic generators and are likely to have service hours in the evenings and on weekends that may impact the residential neighborhoods and conflict with church activities. 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. Zoning: The property must be rezoned in order to redevelop the site as shown on the plans. The petitioner requests a rezoning of the small parcel to "PD" (Planned Development) to allow more flexibility in some of the zoning 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 petitioner presents the following as public benefits of the proposed PD zoning designation: • Economic development and tax base generated from a currently non-taxable parcel; • Temporary construction jobs and permanent job creation; • New entrepreneurial venues for small and start-up businesses; • Reduction of under-utilized parking fields and views from Cedar Avenue of such fields; • Public art installation; and 2 • Reduction of vehicle trips by bringing necessary goods and services within walking distance of the surrounding neighborhood. The applicant provided 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 comfortable with most of the professional office uses proposed, but is concerned that any retail would have higher activity levels that could negatively impact adjacent residential uses. Another difficulty with a "hybrid" PD zone is that it requires an interpretation of whether a use is appropriate which could be viewed as arbitrary. Staff supports professional office and neighborhood service uses. • PD uses suggested by the Petitioner for consideration: o Permitted Uses: a. Professional and general offices b. Banks, savings and loan, credit unions and other financial institutions c. Clinics for human care limited to a maximum of 4,000 square feet each d. On -sale wine and/or 3.2% liquor in conjunction with a Class III restaurant facility e. Licensed daycare facilities f. 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 g. Class III restaurant not to exceed 2,500 square feet. No drive-thru permitted. o Conditional Uses a. Funeral homes and mortuaries b. Radio and television studios c. On -sale liquor in conjunction with a restaurant facility d. Animal hospital or clinic when contained within a building e. Drive-thru window service for bank or similar financial institution • PD Zoning Standards — Requested Waivers — The petitioner requests a rezoning of the property to "PD" (Planned Development) to allow relief for some of the setback and coverage standards that would be required with a straight "LB" (Limited Business) zoning designation. The following are the requested revised standards: Development Standard LB Zoning Requirement Requested PD Standard Building Setback from Cedar Ave 50' 25' Building Setback from 145th St. W. 30' 14' 3 Parking Setback 145th St. W. 20' 0' Building Coverage 20% 23% Overall, staff is comfortable with the building location. However, reducing the parking setbacks to nearly zero feet along the south means a portion of the parking lot would be located within a drainage and utility easement. • Conditional Use Permit - A drive-thru lane is shown on the north side of the building circulating in a clockwise direction. Vehicles at the window will face west towards Cedar Avenue. Attention to landscape design will be needed to shield headlights from Cedar Ave 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. It should be noted that the drive-thru lane is currently shown on the church property and will need to be relocated to the lot it is serving. Preliminary Plat: A subdivision by preliminary plat is requested to subdivide a 31,002 sq. ft. lot from the 7.2 -acre Hope Church property 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. Drainage and utility easements are required for the newly created Lot 2. Dakota County obtained additional easements along 145th Street for the Cedar Avenue reconstruction project that will need to be depicted. Because setbacks are taken from right-of-way lines, it will be important to establish which lines are right-of-way lines and which lines are easement lines that do not impact setbacks. Site Plan: The petitioner proposes to construct a 7,130 sq. ft. multiple tenant office/retail building for three or four tenants. The resulting building coverage on the newly created lot would be 23%. The maximum building coverage permitted in the "LB" and "LB -1 (Limited Business) zones is 20%; the petitioner is requesting the increased building coverage as part of the PD ordinance. The new site is proposed to 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 from Cedar Ave. The elevations indicate that the petitioner has ensured that the four sides of the building are all equally attractive. At 7,130 sq. ft., the building will be required to have a minimum of 40 parking spaces; 37 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 so that parking can be shared. Taking into account that the church seats 195 in its main sanctuary, a total of 105 spaces are required for both the church and the Cider Ridge building; 109 spaces are shown for the two sites. The drive-thru loop for the bank drive-thru is located on the north side of the building outside of the proposed new lot. Vehicles drive westbound to the side of the building then circulate clockwise around the loop back to the parking lot. The drive-thru lane will need to be removed from drainage and utility easements and located completely within Lot 2, the lot on which the proposed bank is to be located. 4 The parking lot has been set back 20' from the north property line to provide additional buffer for the residential properties to the north. Both the parking lot and dumpster have been relocated to allow for additional landscaping and screening treatment. A six foot fence is shown constructed along the north property line. The screening fence shall be constructed of maintenance -free materials and provide complete privacy. Additional landscaping is needed to provide additional screening to the north. Because a part of the fence line encroaches into the pipeline easement, the petitioner will need to confirm with Magellan Pipeline company what types of plantings would be allowed within their easement. If trees are not permitted, tall growing shrubs should be considered. Storm water must be managed outside of the pipeline easement, but on the newly created lot, Lot 2. The current plans show three stormwater retention facilities located on the church property which do not provide drainage or infiltration for the newly created lot. In addition, the site proposes to use a culvert and overland drainage to direct stormwater towards Cedar Avenue. The City Engineer has commented on these items and states that the design will need to be redone to comply with the City's stormwater management plan and ordinance requirements. The plans show sections of parking lot, four parking stalls and retaining walls within proposed drainage and utility easements. No structures are permitted within City easements unless the City Engineer has reviewed and approved the encroachment and the property owner has executed a license to encroach agreement. The City Engineer states that the proposed retaining walls would be located on top of existing utility lines, so either the wall or the utilities will need to be relocated. Grading Plan: Reviewed by the City Engineer. See his comments in the attached City Engineer Memo. The area where the site is proposed to be graded is flat. Tree protection fencing will be required around trees to be preserved during the project. Elevation Drawings: The single -story multiple tenant building is proposed to be 20' tall to the top of the parapet. The exterior building materials include cementitious panels and stone veneer. The zoning code requires that all of the building elevations must be similarly designed to be as attractive as the front of the building ("four-sided architecture"). The petitioner has designed the rear of the building to mimic the front of the building on the east side. The petitioner should confirm whether all of the "back of building" utilities, including electric panels and meters, will be located within the mechanical room. A parapet is shown to be 2.5' tall to screen anticipated rooftop mechanical units. The parapet is required to be the same height as the mechanical units and able to fully screen them. Staff is concerned that most HVAC units, after accounting for being located on a curb, are typically 5' to 6' high which will not be screened by a 2.5' parapet. Cross-section drawings will be required at the time of application of the building permit to confirm the height of the mechanical units and the screening structure. Landscape Plan: The zoning code requires that the landscape plan must be designed so that the value of the landscape plantings meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data. The majority of the plantings are shown planted around the church property rather than on the newly created lot. The newly created lot will need to be able to meet the landscape requirement. The landscaping plan will be required to focus on the newly created lot and the north side of the lot for screening the new use. 5 Additional trees and landscaping should be installed along the north line to help buffer the building and activities from the neighborhood to the north. Additional shrubs should be added to screen any headlight sweep out to Cedar Avenue or to the north within the parking lot and the drive-thru lane. A boulevard tree proposed to be removed from Cedar Avenue will be required to be replaced. Lighting Plan: Because this development is adjacent to a residential neighborhood, a lighting plan will be required that shows the light levels throughout the site. Any pole lighting should not exceed 20' in height and should have strong cut-off characteristics to reduce impacts to the neighborhood. Availability of Municipal Utilities: Utilities are available to the site from 145th Street West. See City Engineer Memo. The City Engineer identified an issue related to the proposed retaining walls south of the proposed building. The petitioner proposes to construct the walls on top of public utilities which would not be allowed. The petitioner will need to consider whether to relocate the wall, or to relocate the utilities which will be a development cost. Street Classifications/Accesses/Circulation: • Cedar Ave (CSAH 23) — Principal arterial • 145th Street West — Local Street • Glazier Ave — Local Street No changes are planned to the access points to the site. The existing driveway into the church parking lot will be shared by the Church and the Cider Ridge building and will require cross -parking and cross -access agreements. Auto -turn drawings are needed to confirm circulation of delivery trucks, fire trucks and garbage trucks within the site. Pedestrian Access: One sidewalk connection is provided to Cedar Avenue from the building on the northwest corner of the site. A second access is needed from the south side of the site to the building. Bike racks are also needed to accommodate bicycle parking on Lot 2. Public Safety Issues: The Fire Marshal will require that the building is sprinkled in accordance with the State Fire Code. Sidewalk shall be constructed around the south side of the building to provide building egress. See the Fire Marshal's memo attached for additional comments. Recreation Issues: Park dedication will be required as a result of the subdivision. Park dedication will be calculated based on the size of the building and the number of employees that would be likely to use a City park. Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. The plan currently shows two free-standing signs for the newly created site. The church wishes to relocate its sign so that it is north of the proposed building. Only one free-standing sign is permit per site. Public Hearing Comments: To be taken. 6 z CIDER RIDGE MARKETPLACE N� 1 COMPREHENSIVE PLAN MAP EXISTING ZONING PROPOSED ZONING -mawfir. wri4 mirri riyikzrks 111 ,m 0'i N 4 �s z Cider Ridge Marketplace Project Narrative Hempel is proposing development of an approximately 7,200 square foot commercial building on an under-utilized parcel of land currently owned by Hope Church. This building, named Cider Ridge Marketplace, will bring needed goods and services in better proximity to the residents of Apple Valley. The design of the building is planned to be high-end with varying finishes including stone, metal, EIFS, a feature corner with angled glass, and incorporated public art with an "A-V" structural component. Care has been taken to design a building that has 4 -sided architecture as the rear of the building will face Cedar Avenue which will also serve the purpose of screening the existing parking lot from the public right-of-way. Sidewalk connections are provided to the property from both 145th Street West and Cedar Avenue. The existing parking field will be reconfigured to accommodate the new building. A total of 109 parking spaces will remain which is approximately the same as exist today. Both buildings will meet parking code independently (7,200 SF x 85% x 6.66 = 40.79 required stalls for the new building and 195 pews / 3 pews per stall = 65 stalls required for the church) with the added benefit of the ability to share the stalls between the two parcels as peak demands will vary for the two buildings. Potential uses include medical/dental, veterinary clinic (fully contained within the building), daycare center, bank with a drive -up teller window, general office, Class III restaurant, and limited (up to 3,000 square feet) of neighborhood retail businesses. To have an economically viable project a variety of complimentary uses are necessary to ensure a good tenant mix of the building. A mix of uses is something that is preferred as medical users enjoy retail as an amenity and retail uses desire the traffic generated by medical users. A full listing of proposed uses is attached hereto as Exhibit A. The goal is a tenant mix that creates a perfect symbiotic relationship to ensure the long-term viability of the project. To facilitate the tenant mix that will make this project successful and to restrict future uses which could adversely impact the medical and office uses, we are requesting a rezone to Planned Development. Public benefits of the Planned Development include: • Economic development and tax base generate from a currently non-taxable parcel; • Temporary construction jobs and permanent job creation; • New entrepreneurial venues for small and start-up businesses; • Reduction of under-utilized parking fields and views from Cedar Avenue of such fields; • Public art installation; and • Reduction of vehicle trips by bringing necessary goods and services within walking distance of the surrounding neighborhood. We look forward to talking more about bringing this project to life. Exhibit A 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) Professional and general offices; (B) Banks, savings and loan, credit unions and other financial institutions; (C) Clinics for human care limited to a maximum of 4,000 square feet each; (D) On -sale wine and/or 3.2% liquor in conjunction with a Class III restaurant facility; (E) License daycare facilities; (F) 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; or (G) Class III restaurant not to exceed 2,500 square feet. 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) Funeral homes and mortuaries; (B) Radio and television studios; (C) On -sale liquor in conjunction with a restaurant facility; (D) Animal hospital or clinic when contained within a building; or (E) Drive-thru window service for bank or similar financial institution. —'r 311N3AV HV03J s 1' 6Z 96Z 3 01,99a00N vao 311A13/1 -i'' 31ZV7D h3 hkrE- wL oz V)7 We Z8 Oz 1 LL „ LN -L NLN. 0 si Ez d -"-S pr'f „,„6 ty '`,T Ihrzi ""- • g-- ,z• (EZ ON ON DJ) 317N3AV 8V03.7 — 1 - - 'Lggg- t gggg 0 gsg (EZ 'ON '02/ VD) 317N3AV 2/17'03J 1 1;2 2 NPDESAREA SUMMARY ,LE CC, 0 22;2 5 2 22-7 1-2 ------- 2 2 ------ ------------ 0 4„ 2; 2 mirmlomminvikammaipmets,„- gumrionuirmonmewari visi. A._ 2 2 2 et< (EZ ON 08'03) 31IN3A 2117'033 4.1 A Cc ' / 4 0 1 4-4 ) , - , 44-44_44 )!, — - _ _ _ ----- - \ , „ . 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Snnninan.1,1 OlE a,nS N ainV EEC ONI ira NcyrionlISNO0 1(:)d _LON I NS An Pannan0 inn.nnninnunna S3A1103dSel3c1 30V1c113NtIVIN 30C11t1 aio NOLLO,LLSNOS LIOA _LON 1111111.0 V11 Apple Valley Fire Department MEMO City of Apple Valley TO: Kathy Bodmer- Planner FROM: Brian Kilmartn, Fire Marshal DATE: 2nd February 2019 SUBJECT: Cider 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 Building Inspections TO: Kathy Bodmer, Planning FROM: George Dorn, Building Official DATE: April 16, 2019 SUBJECT: 7477 145th Street Cider Ridge Marketplace • 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: April 25, 2019 SUBJECT: Cider Ridge Marketplace Preliminary Plat Review — 145th and Cedar Kathy, The following are preliminary Engineering comments regarding the Cider Ridge Marketplace Preliminary Plat dated 04/03/2019. 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. 7. Infiltration Maintenance Agreement will be required for the privately owned storm water treatment areas. Site 8. Final site plan shall be reviewed with the construction plans and approved by City Engineer. 9. See attached Memo from SRF regarding the review of Traffic Impact Study as submitted by Elan Design Lab on March 1, 2009. 10. Preliminary Plat shall indicate required 5' and 10' side lot easements for proposed Lot 2 block 1. 11. 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. 12. Bike racks should be provided and shown on site plan. 13. Additional sidewalk connections into the site from 145th Street at the drive entrance may be necessary. 14. Additional sidewalk along the south building elevation is required by Fire Marshall. A decorative fence may be required at the top of the proposed retaining wall per building code. 15. Drive thru lane will not be allowed within drainage and utility easement and should be contained entirely in proposed Lot 2 Block 1. 16. All proposed retaining walls shall be privately owned. An encroachment agreement will be required if located within drainage and utility easements 17. Separate Easements for roadway at 145th street and Cedar exist and need to be indicated on the site plan and plat. 18. Center striped area within parking lot should be replaced with curb and gutter and landscaping. 19. Additional striping or pedestrian crossing should be provided in drive thru lanes at sidewalk crossings. 20. Parking bump -out adjacent to entrance is not desirable at this location and should be relocated. Proposed retaining wall located in drainage and utility easements shall be privately owned. An encroachment agreement will be required. Grading, Drainage and Erosion Control 21. Provide overall site composite Curve Number (CN) on the plans. 22. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. 23. 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. 24. 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 25. East Infiltration area is located over existing sanitary sewer service. North Infiltration Basin is located over existing gas service line. No infiltration can occur over existing utilities and need to be relocated onsite (Lot 2 block 1). Proposed infiltration basins should be named A, B, C etc... for future reference in maintenance agreements. 26. Provide outlet control structure for center drive aisle infiltration basin. 27. Outlet for NW Infiltration basin cannot directly discharge to Public Sidewalk or in ROW (Cedar Avenue). 28. All drainage swales and turfed areas shall be at 2% minimum slope. 29. Additional catch basin may be required along proposed drainage swale along west elevation of proposed building in the existing drainage and utility easement. 30. Additional detail indicating NWL, pond bottoms and HWL should be provided for the infiltration basins. 31. FFE of existing building should be identified on plans to ensure adequate freeboard from proposed HWL within proposed infiltration basins. 32. Details for proposed retaining walls should be provided included TW and BW elevations. Proposed retaining walls along or adjacent to Cedar Avenue should be of similar block type and color. 33. Roof drain connections should be shown on utility plan. No direct discharge with building/roof drainage will be allowed to ROW and should be connected to storm sewer where possible. 34. Additional catch basin may be required along proposed drainage swale along west elevation of proposed building. 35. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation and 3' minimum above 100 -year high water level. 36. Provide soil borings and geotechnical report for the proposed infiltration basins. 37. Proposed curb opening for the new parking lot to the north should be directed to an infiltration basin or storm sewer. Sanitary Sewer, Water Main and Storm Sewer 38. 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 and be constructed to City Standards. 39. Provide additional drawing showing required hydrant coverage for site along with proposed water main connections. 40. Sanitary Sewer and Water Service should not be placed under proposed retaining wall along the south elevation of the building. 41. 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. 42. Proposed retaining wall along the south building elevation is located over existing water main. A minimum of 15' of separation is required from edge of wall to water main. Provide additional details. 43. Provide elevations and details where proposed sanitary sewer service and water service are shown under proposed retaining wall. 44. Direct discharge of storm water from proposed culverts/FES is not allowed. Connections to existing storm sewer should be provided in ROW. 45. Additional Gate Valve and Hydrant will be required at the end of existing water main along 145th for future connection. Future connection should be extended outside parking lot limits in SE corner of site. Additional valve or curb stop should be provided in accordance with City standards at existing service to proposed Lot 1 Block 1. Landcape and Natural Resources 46. 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. 47. The raingarden lacks planting and materials details. Area of the garden, plant species, mulch, and engineered soil media shall be specified. Installation methods and plant establishment methods shall be specified. Recommend following the standards of the Minnesota Storm water Manual and Dakota County LID Standards http://www.dakotaswcd. org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09- 12.pdf. 48. 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. 49. Additional screening is required along the north property line. 50. Plans should indicate replacement of trees removed in Cedar Avenue ROW. Review Summary SIF No. 12771.00 To: Brandon Anderson, PE, City Engineer City of Apple Valley From: Tom Sachi, PE, Associate Matthew Pacyna, PE, Principal Date: April 24, 2019 Subject: Review of Cider Ridge Marketplace Trip Generation Analysis Apple Valley, MN Introduction As requested, SRF has completed a review of the Cider Ridge Marketplace Trip Generation Analysis document, dated March 1, 2019 completed by Elan Design Lab. The proposed development is located in the northeast quadrant of the Cedar Avenue/145th Street intersection in the City of Apple Valley. Review of the trip generation analysis identified the following questions and comments for consideration. Review Summary Based on our review, the following items were identified. Underlined text indicates potential study modification considerations. Site Trip Generation 1. The peak hour trip generation using the Institute of Transportation Engineers Trip Generation Manual, 9th Edition is reasonable for the Bank land use, except the daily rate was listed at 365 trips, when the estimate should be 356 trips. Additionally, a 47 percent pass -by reduction was used, however, I 1E pass -by trip research indicates this percentage to be between 29 and 35 percent for the peak hours. 2. There were no p.m. peak hour trips identified for the Church land use, however, the manual provides a rate for the p.m. peak hour. 3. The cafe land use was generated as a Coffee Shop without Drive Through and reduced by 50 percent. There is no justification for this reduction outside of engineering judgement. Typically, the rates are not reduced without further evidence or justification of a need to reduce. Additionally, no pass -by reductions were applied to the trip generation for the cafe, which may experience pass by reductions of up to 89 percent if it were a coffee shop type use. A daily trip estimate was provided for the cafe land use, however, Coffee Shop without Drive Through does not have a daily estimate provided within the manual. 4. It was noted that several land uses were identified for the remaining one-third of the space and averaged together. It is recommended that this space be generated as a Shopping Center (land use code 820), which is typically done for unknown land uses within a strip retail center. Note that the shopping center land use has a pass by percentage of approximately 34 percent. ONE CARLSON PARKWAY, SUITE 150 I MINNEAPOLIS, MN 55447 1763.475.0010 I WWW.SRFCONSULTING.COM Brandon Anderson, PE, City of Apple Valley Cider Ridge Marketplace Trip Generation Estimate April 24, 2019 Page 2 5. Within the trip generation table, the land use codes and square footage of the land uses should have been identified to provide clarification on how the trips were generated. 6. While the trip generation was completed using the ITE Trip Generation Manual, 9th Edition, the ITE Trip Generation Manual, 90th Edition has now been released, and these codes should be used when available to provide the most up to date estimates. Based on a review of the trip generation using the 10th Edition, the trip rates are estimated to be similar or lower for the overall site as compared to the 9th Edition. 7. Using the ITE Trip Generation Manual, 9th Edition (to remain consistent with the reviewed document) and the modifications previously recommended in this review, SRF conducted an independent trip generation estimate for this site, shown in Table 1. Based on SRF's experience with the coffee -shop land use, they are typically between 1,000 and 1,500 square feet (SF). The independent trip generation review reduces the coffee -shop land use to 1,200 SF and provides the remaining 1,200 SF to the shopping center land use. Table 1: Trip Generation Estimate Land Use Type (ITE Code) Size Weekday A.M. Peak Hour Trips Weekday P.M. Peak Hour Trips Weekday Daily Trips In Out In Out Church (560) 14,400 SF 5 3 4 4 131 Drive-in Bank (912) 2,400 SF 17 12 29 29 356 Coffee Shop W/Out Drive Through (936) 1,200 SF 66 64 24 24 1,060 (1) Shopping Center (820) 3,600 SF 2 1 6 7 154 Total Site Trips 90 80 63 64 1,701 Pass -By Trip Reductions (-65) (-61) (-34) (-34) (-1,120) Total New Network Trips 25 19 29 30 581 (1) Estimated based on peak hour percentages of Coffee Shop with Drive Through 8. The results of the trip generation estimate indicate the proposed development is expected to generate 170 a.m. peak hour, 127 p.m. peak hour, and 1,701 daily trips. When accounting for the pass -by reductions (i.e. vehicles already traveling along the study roadways), the net new trips to the area are expected to be 44 a.m. peak hour, 59 p.m. peak hour, 581 daily trips. The majority of these pass -by trips are expected to be vehicles already traveling on Cedar Avenue, meaning that they are still a new trip to 145th Street. Conclusions and Recommendations It was determined within the Cider Ridge Marketplace Trip Generation Analysis completed by Elan Design Lab that trip generation was not sufficient enough to impact operations along 145th Street. Based on the updated trip generation analysis completed by SRF, if a coffee shop component is included within this development, it is recommended to review intersection operations at the Cedar Avenue and 145th Street intersection, as well as site access along 145th Street. Brandon Anderson, PE, City of Apple Valley Cider Ridge Marketplace Trip Generation Estimate April 24, 2019 Page 3 Generally, the threshold is approximately a minimum of 100 peak hour trips added to the intersection before completing an operations analysis. Although the majority of trips are already occurring within the area, there is likely a travel pattern change along Cedar Avenue to accommodate the pass -by trips, with the majority turning to/from 145th Street before arriving to or departing the site. If the coffee - shop component is not included, and replaced with a non -coffee -shop type use, there likely will be minimal impact to area roadways and no additional traffic analysis would be necessary. Site Photos April 26, 2019 From southwest corner looking north along Cedar Ave Northwest corner looking south along Cedar Ave Northwest corner looking east Resident Correspondence From Sent: Wednesday, May 1, 2019 3:41 PM To: Murphy, Joan < > Subject: Re: Petition of Hope Church C&M Alliance and Hempel Companies for rezoning & conditional use Dear City of Apple Valley Planning Department members and others whom It may concern, This message is to note my concerns regarding the petition of Hope Church C&M Alliance and Hempel Companies for the rezoning and conditional use of the Hope Church property. I have some considerations to express both as a direct neighbor of the church and as an Apple Valley resident. I have itemized my considerations below. 1- The intersection of Cedar and 145th Street West is a somewhat popular place for U -Turns. Individuals traveling South on Cedar Avenue often perform a U -Turn at the intersection of 145th Street West, and then proceed to head North on Cedar Avenue. (The frequency of these U -Turns increased after the intersection changes were completed for the Red Line Cedar Avenue roadway construction). If this resolution passes and the 7200 square foot structure is built on the Hope Church property, there will be more traffic at the intersection of Cedar and 145th Street West. Increased commercial property traffic leaving the Hope Church site that turn right to head North on Cedar could potentially collide with individuals performing the aforementioned Cedar Avenue U -Turns at the intersection. 2- I was pleased to be a direct neighbor of Hope Church. As a church neighbor, there is a reasonable expectation of the enhanced quality of that neighbor. In other words, they are quiet neighbors and embody values important to the community. The same expectations do not exist for commercial neighbors. Naturally, I am not pleased about the prospect of increased noise and traffic in my direct neighborhood. Importantly, aside from the proposal of a bank teller drive-thru structure, the other tenants of the proposed structure are unknown. If the 0.8 -acre church parcel is sold, there is quite a spectrum of unfavorable business that fall under the category of "professional office and neighborhood retail uses." Indeed, I would not want or choose to be neighbor to a number of businesses, and some could potentially drop my property value due to noise, traffic, or other considerations 3- In general, Apple Valley has had several recent constructions that are physically close to the sidewalks of heavily -trafficked roadways in Apple Valley. These newer constructions obstruct the skyline view and the sun because they are so close to the street. They also create windy conditions for anyone walking on the ground near the buildings. Aesthetically speaking, I personally find them unpleasing due to their obstructive nature and very close proximity to the roadways. My understanding is that the proposed structure to be built on Hope Church's property is approximately 20 feet tall. While it may not be as obstructive as other multi -story projects, it still would be unfavorably close to the sidewalk. Thank you for your consideration, Kara Steinmetz ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. May 1, 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, May 15, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, April 17, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, May 1, 2019 Wednesday, June 5, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, May 8, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, May 22, 2019 Next City Council Meetings: Thursday, May 9, 2019 - 7:00 p.m. Thursday, May 23, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A