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Home My WebLink About07/17/2019••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 July 17, 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 June 19, 2019, Regular Meeting 4. Public Hearings A. Tough Mudder/Ryan Real Estate Zoning Amendment - PC 19-12-Z 1. Consider Amendments to Planned Development No. 290, Zone 5, to Allow Fitness Facility, Day Spa or Yoga Studio as a Permitted Use in Zone 5 Location: 14750 Cedar Ave (Southeast Corner Cedar Ave & 147th St) Petitioner: 14750 Cedar, LLC (Launch Properties) B. Pennock Center Conditional Use Permit, Setback Variances, and Site Plan Review - PC19-13-CVB 1. Consider a Condtional Use Permit for a Class -II Restaurant, in Association with Setback Variances and Site Plan/Building Permit Authorization at Pennock Center Location: 7668 150th Street Petitioner: Java Capital Partners, LLC **ITEM WITHDRAWN AT REQUEST OF PETITIONER 5. Land Use / Action Items 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, August 7, 2019 - 7:00 p.m. Next City Council Meeting - Thursday, July 25, 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. July 17, 2019 Consent Agenda Description: Approve Minutes of June 19, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of June 19, 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 JUNE 19, 2019 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, City Planner Tom Lovelace, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 7 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 15, 2019. Ayes - 7 - Nays - 0. 4. PUBLIC HEARINGS A. Apple Valley Golf Course Comprehensive Plan Amendments — PC19-09-P Chair Melander addressed the audience of the process of the public hearing and the role of the Planning Commission. He opened the public hearing at 7:04 p.m. City Planner Tom Lovelace stated Mr. Joel Watrud, the owner of the Apple Valley Golf Course located at 8661 140th Street West, is requesting the following amendments to the City's Comprehensive Land Use Map: 1. Re -designate .5 acres from "PR" (Private Recreation) to "LD" (Low Density Residential) 2. Re -designate 14.5 acres from "PR" (Private Recreation) to "MD" (Medium Density Residential) 3. Re -designate 8 acres from "PR" (Private Recreation) to "HD" (High Density Residential) The 23 -acre golf course property is located at the northwest corner of 140th Street West and Garden View Drive. Adjacent uses include single-family residential to the north, single-family, two- family and multi -family residential to the west and south, and multi -family to the east. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 2 of 11 The property is currently designated "PR" (Private Recreation). The 2030 Plan created this designation of "Private Recreation" to recognize the current use of the subject property as a privately owned public golf course. This is the only property in the city that has this designation. The property is currently zoned "P" (Institutional). Institutional districts are areas designed to serve the public and quasi -public uses. Permitted uses include schools, public libraries and art galleries, parks and playgrounds, recreational facilities or athletic fields, religious facilities, cemeteries, government facilities, non-profit clubs and lodges, public hospitals and acre facilities, and golf courses. Any re -designation of the property will require a change in the current zoning. He said a wetland delineation report has been prepared for this site. Three wetlands have been identified and delineated. Any development will be subject to all applicable federal, state, and local wetland regulations. It is also noted that an 80 -foot wide pipeline easement bisects the property. The location of this utility will impact any development as it is generally understood that uses over a pipeline easement are restrictive and no buildings or landscaping shall be placed within an easement of this type. Chair Melander asked what the height limit would be for an M-8 zoning that is not in the downtown area. Mr. Lovelace replied it would still be three stories. Chair Melander inquired about the pipeline running through the site. Mr. Lovelace answered there is an 80 -foot wide easement which uses 21/2 acres while the wetlands uses 11/2 acres out of the 23 acres total. Commissioner Alwin asked for clarification that this hearing was only about the zoning change. Mr. Lovelace clarified that tonight is not a rezoning but only a Comprehensive Plan re -designation. There is no application for rezoning nor development plan that has been brought forward by the applicant. Their only request is a re -designation of the property. Chair Melander asked for confirmation that the application was made by the owner of the property. Mr. Lovelace answered yes, by Joel Watrud. Commissioner Scanlan asked about the three designations and that those designations may vary as to what probably comes forward. He asked for Mr. Lovelace to talk about high density and the need for more apartments in Apple Valley. Mr. Lovelace said that could be provided. There is a need for more apartments that is metro wide and there are articles in the paper all the time. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 3 of 11 Peter Coyle, Larkin Hoffman, representing the Watrud family, reported that golf courses are struggling around the country. He said the owner tried years ago to sell but decided to keep the enterprise going for another 10 years. He added a large open space will attract users and the comp plan process is a forecast. They proposed medium density and high density because there is a high demand for housing and a growing demand for senior housing that is affordable. This land will be a challenge with the pipeline going through it and the wetlands need to go through the regulatory process. He understands the anxiety that goes with it and that Mr. Watrud is a landowner and taxpayer and he has rights too. Randy Neubauer, 13609 Hollins Ct, referenced the City's mission statement to pledge and promote the health and well-being of its citizens and all who visit the City. He talked about goals and quality development. He said this zoning request is in conflict with the City's mission statement and goals. He said in regards to safety, 140th Street is already a very busy street. He felt that high density with 12 units per acre should be located where services are like private shopping and that the bus route has limited services. Mike Scherer, 8473 — 142nd Street Ct., said there is a business owner who has run an immaculate business over the years and he thinks the City should buy the golf course and keep it as a golf course. He understands there is a need for senior citizen housing and apartment complexes. He said if the need is so great for housing, why does the City not use its own land of 190 acres at Valleywood Golf Course and put that into housing which has extremely better road access rather than cram this proposal into a tiny 23 -acre site. If the need is so great, why is the City not using its own land, bulldozing that and putting in condominiums and apartment complexes for seniors. He said in 2011 the City spent $3 million for a brand new club house at Valleywood and if they can spend $3 million on a club house they can certainly buy this golf course and help out a land owner who has been an excellent community member, and help all these people who are here tonight. Jon Kotek, 13583 Hollins Ct, said he drove past an Eagan golf course that was rezoned and it turned into a development and it pained him on how many trees were cut and cleared out of there for that development and considering Apple Valley's sign has a tree on it he would think we would want to keep the trees a little bit more around here. He said the amount of the aged oaks on this site (Apple Valley Golf Course) it would just kill him to see that kind of stuff get destroyed. Kathy Lundin, 13531 Hollins Ct, commented that this is a peaceful place and she would be devastated by a three-story apartment and stacked townhomes and she thinks it is an extremely poor use of the land. She referenced the Comp Plan Land Use section: "The City seeks to maintain the integrity of existing neighborhoods". She said the Comp Plan states that: "The land must be compatible with the adjacent properties." She did not think this would be in scale with the single- family homes that are all around the golf course now. She said this rezoning is in total disagreement with the Apple Valley Comprehensive Plan and if the Planning Commission agrees with the rezoning then the Commission is completely ignoring the City's Comprehensive Plan. She does not think the citizens of Apple Valley will have much respect for city government that does not follow the guidelines that the City made up themselves. She said the Comp Plan refers to high density areas having other Apple Valley services available. She added that all other Apple Valley apartments are in high density areas not in residential areas. She said that when the Commission CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 4 of 11 makes their decision they should think of the people. She said property values will suffer, traffic and noise will be unbearable and beautiful green space filled with trees and ponds will disappear. This is not the right location for apartments. Michelle Gustafson, 8415 — 141st Ct. W, said this zoning plan will have a detrimental impact on the schools directly surrounding this neighborhood. She believes high density would have an impact on our neighborhood schools. Vickie Loher-Johnson, 8907 — 138th Street Ct, said the zoning of this property is for recreational use and the owner purchased this land knowing that zoning classification and what the owner did not purchase and has no right to was a lucrative high density residential development opportunity. It is not an issue of anxiety of this neighborhood about change. It is an issue with Apple Valley keeping the promise it made when zoning this site for recreational use and zoning the surrounding property for single-family low density residential use. She expressed concern for the busy traffic on 140th Street and that Gardenview goes downhill. She understands the demand for housing in Apple Valley and that other areas are available and more appropriate. Derek Ingvalson, 13931 Holyoke Path, expressed concern for the loss of green space and that children can be impacted from this loss because there are significant health benefits to having green space. He had a concern for the water quality in Alimagnet Lake and the impervious surfaces. He said there are different ways to preserve this green space if the City of Apple Valley would purchase this land and turn it into parks. He referenced the Clean Water, Land and Legacy Amendment and had an example of the application. Brad Blackett, 457 Relection Road, referenced the zoning chapter 155.347 about natural features and that ponding will not have an adverse effect on the site. He said the golf course has natural vegetation. He said putting in surface parking, etc. will have an impact and that adding more runoff will add more problems. He said infiltration of rain water into a site has a calculation. More frequency of heavy rains causes water flushing straight through into the lake. He is looking to the Planning Commission and staff for what impact impervious surface has on Alimagnet Lake and how to accommodate the runoff water during the changing climate, additional rainfalls and the five- year floods. Mike Lotzer, 13826 Holyoke Lane, said if he owned the land he would be tempted to sell the land for residential property because it would be a good return on investment on the land he worked on for many years. He does not blame the owner for doing what he is doing. He does not blame any of the people in attendance for voicing concerns. He said it is hard to get out onto 140th Street from the neighborhood across from the golf course. He added this is a unique space and that the business owner is within his rights to do what he is doing but he would like to keep this site special because urban sprawl is ugly and he would probably move. Patrick Luke, 13647 Holyoke Lane, stated that if an owner wants to sell his land he has a right. He said he has water already and why alter to get more. His sub -pump runs all the time. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 5 of 11 Jennifer Deviley, 14105 Gardenview Ct, said there are water issues. She loves her community and Apple Valley and does not think the City needs that apartment building. She has a passion about keeping the green space. If the apartment building comes in she would move. Mary Mittelstaedt, 7797 Whitney Dr, said there are apartments across from where she lives and those apartments did not all get filled yet. She thinks the City should buy the golf course land from the property owner and build a community park on the west side of town and make a wildlife area to bring back the bees. Ryan Tauer, 13576 Hollins Ct, referenced a Supreme Court decision of Mendota Heights vs Mendota Golf LLC from January 2006 which had comp plan concerns in that city where Mendota Heights did not have a clear view to amend its comprehensive plan. He believes in keeping the green space. Betty Salisbury, 8793 — 135th Street W, feels the City is losing green space. She has attended Music in the Park at Kelley Park and had always enjoyed it there and does not enjoy the high density development at Kelley Park and believes it is getting to be a high density ghetto in Apple Valley. She said Kelley Park is not Kelley Park anymore. She would like this spot owned by the City and remain as green space. Kristin Fyanzoni, 8624 — 144th Street W, referenced Minnesota Statute that there is no justified basis in rezoning this land from the City's current Comprehensive Plan. Apple Valley is in the same status it has been in for years. The neighborhood was well established for years. She said this change does not promote health and welfare. These families cannot afford $400,000 homes. She thinks the land should be re -purposed for a Kelley Park on this side of Apple Valley. Kathy Osgood 15601 Foliage Avenue, agreed with other people to make this land a Kelley Park West and asked if we could just not recreate and keep it a beautiful space. Tim Thurnbald, 8435 — 135th Street W, said it is very important to maintain green space. Wetland and buffer zones cannot have housing on them so use those sections as parklands. At least have the City consider that idea. People value green space and feel betrayed when green spaces lost out. Ground water could be left natural. He believes in preserving the environment for birds and other animals in the area. You never see a natural area turn back later. This is the one and only opportunity to make the right decision and keep the green space. Marilyn Gackenheimer, 13655 Hershey Ct, said she has had many friends comment to her how beautiful this city is. She would hate to see the green space go because once it is gone, we do not get it back. She said we do not need a concrete jungle in this area and the high traffic and feels the high pack is not for her neighborhood. Stacey Klein, 8655 — 143rd Street Ct, said she wanted to be a voice for schools on the west side. She said we need things to entice young families to move to the west side of Apple Valley. She said Apple Valley High School is at its lowest enrollment in history since the school opened. It's a good school but we do not have a shiny new development going up over here like they do on the east side CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 6of11 that is filling up Rosemount and Eastview. She believes a green space is going to entice younger families to move here, like if there is a park there or a section of it was a dog park to let our dogs run. Mary Berg, 13362 Hughes Ct, quoted an artist — Big Yellow Taxi — song by Counting Crows. "No, no no. Don't it always seem to go. That you don't know what you got till it gone. They paved paradise and put up a parking lot". John Boesen, 4950 Upper 148th Ct, said he has been listening to all the reasons why we should not make this other than low density housing. He said we have heard about green space, a pipeline running through it, how to do density housing and water runoff. He said there is no reason why this should be changed to a high density area other than money. He said if this is not about money there is no reason to put this into anything other than low density and this would give the land owner the ability to at least change his property, maybe a profit or maybe a break even. Chair Melander closed the public hearing at 8:36 p.m. 5. LAND USE/ACTION ITEMS A. Jardin (har-DEEN) Academy Daycare/Jardin Addition — PC19-08-SCBF Planner Kathy Bodmer stated the petitioners, Frauenshuh Commercial Real Estate, and the property owner, Kilber Investments, LLC, request consideration of actions that would allow them to split the 1.86 -acre parcel at 14605 Glazier Ave to create a new lot for a two-story daycare building. The land use actions requested include a subdivision by preliminary plat to split the lot, conditional use permit (CUP) for a daycare facility in the "LB" (Limited Business) zone, and site plan review/ building permit authorization to construct a 12,200 sq. ft. daycare facility. The public hearing for the Jardin Academy Daycare was held on May 15, 2019. Revised plans were received to address any issues raised at the public hearing. The property is currently zoned "LB" (Limited Business) which lists a daycare facility as a conditional use in the zoning district. The petitioners would like to establish an outdoor play area on the west side of the building which will place the building between the play area and the properties to the east and should help to act as a screen. A subdivision by preliminary plat is requested to subdivide the existing 1.86 -acre parcel, legally described at Lot 1, Block 1, BIEWALD FIRST ADDITION, into two lots. The existing office building and parking lot will be located on Lot 1 on the north side of the lot, and the new lot, Lot 2, will be the location of the new daycare site on the south side of the lot. The site plan shows that the Jardin Academy building will be located on the west side of the site with the parking lot to the east. She reviewed the parking requirements and said two outdoor play areas are shown on the west side of the building between the building and Cedar Ave. The play area is proposed to be secured with a prefinished metal "picket" type fence. City Engineer Brandon Anderson said the traffic signals on Cedar Avenue will get longer. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 7of11 Commissioner Scanlan asked about the parking lot and the way the building is set up by the sidewalk and if it would be better to shift the handicapped to the south for dropping off and picking up. Ms. Bodmer said they are little kids and the parents go inside the building with them. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann recommending approval of the Subdivision by Preliminary Plat of Jardin Addition, subject to compliance with all City Code requirements and the following conditions: 1. Sidewalk shall be installed along Glazier Ave as it abuts the property in accordance with Subdivision Code Sect. 153.52 and the City design requirements. 2. A cash -in -lieu of land park dedication shall be required for Lot 2 based on the number of employees expected on this site, in accordance with Sect. 153.29. 3. Drainage and utility easements shall be dedicated as depicted on the preliminary plat. 4. A proof -of -parking agreement shall be executed between Lots 1 and 2 and the City to allow for overflow parking between the two lots to prevent on -street parking. Ayes -7 -Nays -0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann recommending approval of Conditional Use Permit for a Daycare Facility in LB Zone, in compliance with all City Code requirements and the following conditions: 1. Hours of operation of the daycare shall be limited to 6:30 a.m. to 8:00 p.m. 2. Fencing surrounding the outdoor play area shall consist of a picket -style maintenance -free fence. Ayes -7 -Nays -0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann recommending approval of Site Plan Review/Building Permit Authorization for construction of 12,200 sq. ft. two-story Daycare Facility: 1. A Natural Resources Management Permit will be required for any land disturbing activities including tree removal. 2. Trees indicated to be saved during construction shall be protected with tree protective fencing which shall be indicated on the demolition plan, site plan and grading plan. 3. A nursery bid list shall be provided that confirms that the value of the landscape plantings meet or exceed 2.5% of the value of construction of the building based on Means Construction Data. 4. Lot 2 shall be screened from the property to the south with a 6' high maintenance -free fence and from the properties to the east with a minimum of 36" tall shrubs along the east property line. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 8of11 5. Rooftop mechanical units shall be shown on building elevation drawings to review at the time of building permit application. 6. A revised lighting plan shall be submitted at the time of application of the building permit that complies with Zoning Code Sect. 155.353. 7. The grading plan, utility plan, and erosion control plans shall be revised in accordance with the City Engineer's memo dated June 14, 2019. 8. The site plan shall be revised to address the building egress issue identified by the Fire Marshal. Ayes -7 -Nays -0. B. Cider Ridge Marketplace/Hope Alliance 2nd Addition — PC19-05-PZSCB Planner Kathy Bodmer stated the applicant wishes to subdivide a 35,910 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 35,910 sq. ft. (0.8 -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. She said the public hearing was held on May 1, 2019. Following that meeting, the petitioner made several changes to the project design to address the concerns that were raised at the meeting. 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. An amendment to the Comprehensive Plan designation is needed to develop the subject parcel (Lot 2) for limited business uses. The petitioner seeks to re -designate 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 9of11 The petitioner requests a rezoning of the newly created lot (Lot 2) 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 typical 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. A conditional use permit is requested for the bank drive-thru lane on the north side of the building. With the redrawn property line, the drive-thru lane is now contained within the lot that it is serving. 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 was also shifted outside of the drainage and utility easement. Moving the parking lot out of the easements and reconfiguring the lot to create the drive aisle has resulted in Lot 2 being six parking spaces short of the requirement. Parking requirements are met when the two sites are calculated together. Cross -access and cross -parking easements will be executed between the two lots. The dumpster that was previously shown along the north property line has been relocated to the middle of the drive-thru lane, which will help to provide visual screening and noise attenuation for the properties to the north. She said the City Engineer reviewed the plans and he noted that the revised plans show that an in - ground system will be used for stormwater management. The City Engineer also reviewed traffic generation on the site and within the neighborhood area. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of a Comprehensive Plan Amendment redesignating Lot 2 from "INST" (Institutional) to "C" (Commercial). Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of a rezoning of Lot 2 from "P" (Institutional) to "PD" (Planned Development) subject to approval of the Comprehensive Plan Amendment and execution of a Planned Development Agreement, with conditions as stated in the draft PD Ordinance. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of the Subdivision by Preliminary Plat of Hope Alliance 2nd Addition subject to compliance with all City Codes and the following conditions: 1. Approval of the Preliminary Plat is subject to approval of the Comprehensive Plan Amendment, Rezoning and Planned Development Agreement. 2. A cash -in -lieu of land parkland dedication shall be required for Lot 2 based on the number of employees expected in accordance with the formula set forth in Subdivision Code Sect. 153.29. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 10 of 11 3. The owner shall provide evidence of cross -parking, cross -access and cross - maintenance agreements between Lots 1 and 2. 4. Drainage and utility easements shall be dedicated in accordance with Subdivision Code Sect. 153.53. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of a Conditional Use Permit (CUP) for Bank Drive-Thru Teller Operation, subject to the following conditions: 1. Approval of the Conditional Use Permit is subject to approval of the comprehensive plan amendment, rezoning, planned development agreement, preliminary plat and site plan review/building permit authorization. 2. The drive-thru teller hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Ayes -7 -Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin recommending approval of Site Plan Review/Building Permit Authorization for construction of a 7,130 sq. ft. multiple -tenant office building, subject to the following: 1. A Natural Resources Management Permit (NRMP) shall be obtained prior to any tree removal or land disturbing activities. 2. The owner shall provide evidence of an encroachment agreement with the pipeline company to conduct land -disturbing activities within the pipeline easement prior to approval of the NRMP. 3. A nursery bid list shall be submitted which confirms that the value of the landscape plantings meet or exceed 2.5% of the value of construction of the building based on Means Construction Data. Credit may be given for preserving existing mature trees in accordance with Sect. 155.349(B). 4. Tree indicated on the plans to be saved shall be protected by protective fencing. Tree protective fencing shall be installed prior to issuance of the NRMP. 5. Cross-section drawings shall be submitted at time of building permit to confirm all rooftop mechanical units are screened in accordance with Sect 155.346. 6. A construction staging plan shall be submitted that confirms the construction limits that will be established to separate construction activities and equipment from church staff and parishioners. 7. Plans shall be revised to address the City Engineer's June 14, 2019, memo. 8. Sidewalk shall be added to the south side of the building or alternate egress access from the southwest corner of the building as approved by the Fire Marshal. Ayes -7 -Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2019 Page 11 of 11 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. City Planner Tom Lovelace stated that the next regular Planning Commission meeting would take place Wednesday, July 17, 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 Schlinder moved, seconded by Commissioner Burke to adjourn the meeting at 9:25 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair ... .... •••• ..• l. App Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. July 17, 2019 Public Hearings Description: Tough Mudder/Ryan Real Estate Zoning Amendment - PC19-12-Z Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: 14750 Cedar, LLC. Project Number: PC19-12-Z Applicant Date: 6/19/2019 60 Days: 8/18/2019 120 Days: 10/17/2019 ACTION REQUESTED: 1. 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 night of its public hearing. 2. Although the Planning Commission doesn't normally take action on the same night as the public hearing, this item is considered a minor amendment request and staff is comfortable moving forward with the request. If the Planning Commission concurs, the following action would be recommended: Recommend approval of the draft ordinance amending PD -290, Zone 5, to allow a fitness facility, day spa or yoga studio as a permitted use in the zone. SUM MARY: The owners of the former Ryan Real Estate property, 14750 Cedar Ave, LLC (Launch Property), are moving forward with the redevelopment of the former Ryan Real Estate property at 14750 Cedar Ave. The owners are in the process of leasing up the previously reviewed and approved building and would like to include a fitness facility, day spa or yoga studio as a tenant. The approved plan has been slightly modified from the previous approval. Similar to the approved plans, the existing real estate/multiple-tenant office building would be removed and an 11,200 square foot building would be constructed. However, the coffee shop drive-thru lane is no longer part of the plan. Instead, the multiple - tenant building is proposed to have a dental clinic, Mexican restaurant, sandwich shop and barber shop. The petitioners would like to include a 3,200 sq. ft. Tough Mudder fitness facility as a tenant in the building. An amendment would be needed to the zoning district, PD -290, Zone 5, in order to allow a fitness facility, day spa or yoga studio. The current zoning, PD -290, Zone 5, has an "LB" (Limited Business) underlying zoning which allows primarily professional office buildings, banks, and restaurants. The zoning does not allow for retail sales. A fitness facility may be viewed as a service to nearby employees in nearby office buildings. This type of fitness facility is described by the applicant as follows: Tough Mudder Bootcamp is a subset of the fitness category known as Studio Fitness. Studio Fitness is generally considered to be group fitness based classes conducted in a small format location (less than 4,000sf). They typically have limits on class size and are held at scheduled times throughout the day. They often allow for (or even require) advance reservation for a space in the class. TMB currently has a max class size of 24 plus 3 staff. We would want to be able to increase that up to 36 and 4. The petitioner states that a maximum of 40 people, counting members and staff, will use the facility at any one time. The parking calculation indicates that the number of parking spaces required is 92 and that 100 spaces are proposed on the site. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Location Map Zoning Map Aerial Photo Ordinance Site Plan Report r!"Ply h OBLIQUE AERIAL CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY AMENDING CHAPTER 155 --APPENDIX F ARTICLE 2, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT 290 The City Council of Apple Valley Ordains: Section 1. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended by adding Section A2-2 (E)(2) to read as follows: § A2-2 PERMITTED USES. (E) Zone 5: Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (2) Health club, day spa or yoga studio. 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 person 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 publication of its title and official summary. PASSED by the City Council this th day of ATTEST: Pamela J. Gackstetter, City Clerk Mary Hamann -Roland, Mayor AH 3,3 UJOH <<<AalWDI 3,S .03/23/90 —33 NAM ds NSALLsHs NASONS 333, loz,azso 3,3 20.2339 L NV1d 31IS NW 'AaTIVA 3lddV JV.A?JJ dCgli'd H)unr, 0 U 0 7 BUILDING A DATA SUMMARY AREAS 'PROPOSED PROPERTY I .7,266SF(+2OD.) I o PARKING RETAILMENTAL: 1 STALL/150 SF RESTAURANT: 1 STALL/2.5 EATS (ASSUMED UP To 11 SEATS)RECREATION AND SPORTS REQUIRED PARKING TRAINING ES: 1 STALL/3 OCCUPANTS (ASI SUMED 75 OCC_) TOTAL:100 STALLS a a gg 877. ZONING SUMMARY ' ' '� a a 0 LLi 0 NOIUOfHISNOO 2Od ION -11 WN3d 2Od ainssi 000000000000000 0 l InmI V V V (EZ 'ON 'H'V'S'O) 311K13/VV ?JVO3 VIOMVO ONV .2.2652L2 DX ud171:Z1 — 61OZ •9Z aunt fiwp"Nyld 3115 a'CO\slaaysunld\OvO\u6lsaa {\any ..Pao puo I/Lbl — X IInA alddy\s311213doad HONf1y1V301 OM1\.N ••• vies* ••• CITY OF Apple Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: July 12, 2019 SUBJECT: Ryan Real Estate Redevelopment at 147th and Cedar Avenue Kathy, The following are comments regarding the Ryan Real Estate Redevelopment Tough Mudder Zoning Amendment dated June 24, 2019. Please include these items as conditions to approval. General 1. Separate comments will be provided for building permit authorization regarding the site plans changes from previous approved plans. 2. In regards to traffic impacts from the proposed zoning amendment change, the proposed zoning amendment is expected to have less daily trips as compared to the previous approved land use with a drive thru. ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.B. July 17, 2019 Public Hearings Description: Pennock Center Conditional Use Permit, Setback Variances, and Site Plan Review - PC19-13- CVB Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department/ Division: Community Development Department Applicant: Java Capital Partners, LLC Project Number: PC19-13-CVB Applicant Date: 7/9/2019 60 Days: 9/7/2019 120 Days: 11/6/2019 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 night of its public hearing. SUMMARY: The property owner of 7668 150th Street (Java Capital Partners), known as Pennock Center, have applied for a Conditional Use Permit (CUP), setback variances, and a site plan building permit authorization. The site has been reviewed for several projects over the last year, often with setback variances and conditional uses. Due to the site constraints setback variances have been adopted with prior site plans. An adopted variance runs with the land, rather than the site plan so several of the setback variances for this site plan may already be approved. However, the applicant is seeking greater variance for the parking a building setback from CSAH 42. The site is the former location of Liberty Tax, but has been vacant for several years. A CUP is required for a Class -II restaurant in association with the drive-through coffee to ensure adverse impacts are able to be mitigated. The site is zoned "RB" (Retail Business) and is guided for commercial development. The coffee shop is proposed to be 623 sq. ft. with the remainder of the site being occupied by a 4,011 sq. ft. single story office building. Additionally, the applicant proposes to utilize a pre -fabricated structure for the coffee use, which is being evaluated by staff for code compliance. The City's downtown design guidelines provide standards within the ring -route which may not permit pre -fabricated structures or the materials show. BACKGROUND: Comprehensive Plan: The site is designated for commercial development and is located within the downtown ring -route. This designation places a high importance on the building aesthetic and compatible materials to those utilized in the ring -route. The proposed use as a coffee drive-through is permitted within the designation, additional uses will need to be identified to determine conformance. Zoning: As mentioned, the site is zoned "RB" (Retail Business), which conditionally permits Class -II restaurants, which are those that prepare food to be consumed primarily off the premises. Previously, the site has been approved for a Class -III restaurant, which would provide for indoor seating of customers and a majority of food to be consumed on the premises. Site Demolition: The project proposes to demolish the existing structure and remove the existing infrastructure. A tree is proposed to be retained, however it is already nearly dead and not viable. Trees planted along the Cedar Ave corridor are in the right-of-way and shall be protected. Site Plan: The site plan shows two structures, an 4,011 sq. ft. structure which does not identify users, and a second 623 sq. ft. prefabricated coffee drive-through structure. Unless specifically permitted by the city, no more than one principal structure is permitted per lot. However, the two structures are acting as a single structure and utilizing a shared utility via separate meters. Users have not been identified for the bulli of the tenant space, if the users are identified as a restaurant additional parking and traffic evaluation will be required. The proposed configuration of the parking area presents difficulties for users to adequately exit when entering drive isles. Drive isles do not offer space for users to turn around in the event of all parking stalls being utilized. This may create an unsafe parking condition where users are attempting to turn around in the drive-through, or at the end of a dead end lane without adequate turning space. The site is proposed to be accessed via a single access point the the east side of the site from the shared driveway for the shopping center. In contrast with other drive-through lanes which have been approved, an escape, or bypass lane is not included. The City has required escape/bypass lanes for other recent drive-through approvals, particularly when adjacent to major roadways. Additionally, the drive-through lane is constrained in the north east corner of the site due to the building corner and the turning movements required. Setback Variances: Setbacks variances for the building and parking are requested with this application. As previously noted, the site has received multiple approvals in past iterations and as such some of the variances identified may not be required. • Building setback from CSAH 42 - reduced from 50' to 20' 11" (31' variance) • Parking setback from CSAH 42 - reduced from 15' to 5' (10' variance) • Parking setback Pennock Lane - reduced 15' to approximately 5' (applicant shall supply surveyed distance) Parking: If the primary structure is utilized as retail or office users the site is able to meet it's parking demand of 33 stalls in the current configuration. However, restaurant users may be limited on the site due to parking constraints unless the site is able to obtain cross parking agreements. Site Utilities: The site cannot support more than a single access for site utilities, the two uses shall utilize a shared utility connection. The plan set currently submitted meets this requirement, but does not demonstrate how the coffee use will receive utilities. Stormwater is proposed to be treated via an underground basin, the City Engineer shall approve the design and placement prior to issuance of a building permit. Design Guidelines: Code notes that the City of Apple Valley's Downtown Design Guidelines are in effect for this parcel as it is within the City's "ring route". These standards are guided by the City's investment into the area with permanent infrastructure that is maintained to a high standard, all new structures are required to be of comparable architecture. Submissions from the applicant include materials for the primary structure, but do not detail the materials for the prefabricated structure. These shall be required to ensure compliance with the design guidelines for this area. Additionally, the materials for each building shall be consistent with one another and shall be equally attractive on all sides. Due to the nature of pre -fabricated structures, and the high standards in the ring -route, staff has concerns that the building may be unable to meet City requirements. Trash and Utility Access: The building plans currently place the main utilities, including the emergency fire access panels on the east side of the building with access from the drive- through lane. The Fire Marshal's memo has noted that if fire apparatus are unable to maneuver the property due to low turning radius the emergency fire alarm equipment and sprinkler are required to be accessible in the front of the building. Additionally, conflicts are present when trash enclosures are accessed through a drive-through lane where a traditional garbage truck is unable to maneuver, as in this case. The applicant shall provide auto -turn drawings demonstrating fire apparatus and trash vehicles are able to traverse the drive- through if these uses remain on the side of the structure. Landscaping: The landscape plan places several large trees and bushes over the dedicated drainage and utility easement, which is not permitted. The applicant will be required to meet or exceed 2.5% of the value of the cost of the construction of the building based on Means Construction Data. The site is constrained and may be required to utilize other opportunities for landscape improvements such as improved pavers, patio features or exterior private art. Building facade improvements may not be utilized to meet this requirement. Additionally, the chosen tree species, Black Hills Spruce, are large trees that may not suite a constrained site and would block viability. The Natural Resource Specialist recommends substitution of a narrower tree species and removal of the damaged maple tree mentioned previously. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Plan Set Plan Set Memo Memo Memo h - IN MN Q I MP � ARB 2 a wr III � Q z 0a o 148TH ST W 4A z 149THiiL RB o in1 w b. a ri ocK z a w o R 147TH ST W RB 150TH ST W 150TH ST W FRONTAGE RD SITE J W 0 CEDAR AVE 3 2 J Q CC W Q W D Ci J m 0 914SS NW )IiiVd SIfOl .LS 'OOZ 311fS133a1S Hill IS3M 1566 011 1331:11S Hill 899L Si13N1i1Vd 'VIIdY3 VAVr 0219S 919 631192 31ddV'M IS H1091999L 21311430 )IOONN3d TITLE SHEET cis U ISSUED FOR: CITY SUBMITTAL 5 C ceda SHEET INDEX LU 0 0 O a a 0 0 Ew GEOTECHNICAL ENGINEER 0 g 5d 3 0 1 8 2 8 g w 0) O- U 0. Apple Valley, Niuoesota (No Scale) 914SS NW',I21Vd SIf1Ol lS'OOZ 311f1S 1332J1S HI9C 1S3M 1062 011 13321.1.91-11091. 999L S213N121tld ltllldYO VAVr 02199 NW'131129 31ddV'M IS 11109 1 2991 21311130 >10ONN3d lO3fOad REMOVAL NOTES: EROSION CONTROL NOTES: see awcav on mens swi oswia 9217SS NIN ,I21Vd moils '00Z aims L N.LS 1-119C1S3M tea' 011 133211S 1-11091. 999L SLI3N1elVd 1ald113 VAVr 02199 NVI 131129 31dc1V MIS 111091 2991 1:131N30 )100NN3d 10.0.1 5 tl 9, CD CN1 CV d L?, _ L _ SITE PLAN LEGEND: BUILDING INFORMATION 9 !O.P, a29 4 9 95 Total Parking Provided 1 On-site !2.7) —10, - Li] 9191 4 g P 5 TE LAYOUT NOTES: 914,00 NW Y�21tld SIf10l 10 000011ns'133ii1S H1001S3M LC60 011 13 3 211S 1-11091 999L S213N121tld ltllld110 VAVr 0 02199 NW'131129 3lddV 'M IS H10S 1 2991 2131N33 >13ONN3d 1�3fOtld OVERALL SITE CURVE NUMBER (CN) = 87 0 1- 0 FIER a SOIL REPORT IS PRO TION WILL BE PRWIO GRADING PLAN CD U 914SS NW'YI21Vd moils '00Z 3LfSL N.LS H19C 1S3M LC66 011 13 3 211S H109L 999L S213N1dVd 1tl11dYO VAVr VMS NW 'A311VA 31ddV 'M IS HAS L 0991 2131N33 >13ONN3d 1�3fOtld UTILITY LEGEND: 914SS NW',I21Vd SIf1Ol lS'OOZ 311f1S 1332J1S HI9C 1S3M 1066 011 13 3 211S H10S1 999L S213N121tld ltllldYO VAVr VMS NVI A3llVA 31ddV'M IS HAS L 0991 2131N33 )13ONN3d 1�3fOtld CIVIL DETAILS CD u J U RIBBON CLRB 0 WW1. XIXI.V1119,11301,10,1 914SS NW'YI21Vd SIf1Ol lS'OOZ 311f1S 1332J1S HI9C 1S3M 1062 011 13 3 211S H10S1 999L S213N1dVd 1tl11dYO VAVr 02199 NW'131129 3lddV 'M IS H10S 1 2991 2131N33 )13ONN3d 1�3fOtld CIVIL DETAILS u J U PIPE BEDDING - RCP & DIP U a z 0 w w a" az 0 914SS NW',I21Vd SIf1Ol lS'OOZ 311f1S'133ii1S Hill 1S3M 1166 011 13 3 211S H10S1 999L S213N121tld ltllldYO VAV1 01199 NVI 031150 3lddV'M IS Hill I. 9991 2131N30 >1OONN3d ce) CIVIL DETAILS 914SS NW',I21Vd moils '00Z 3LIf1S'133aLS H19E 1S3M 1E66 011 13 3 211S H109L 999L S213N121tld ltllldYO tlnvr VMS NVI A311VA 31ddV'M IS HIOS L 2991 2131N33 MOONN3d LANDSCAPE PLAN c —J 91999 NW',I21Vd 9111011S'OOZ 9±1f1S'133aLS Hill 1S3M 1969 011 13321191-11091. 999L S213N121tld 1V11dtl0 9S\V 02199 NW '631159 31dd5'M IS H1091 2991 2131N33 >13ONN3d 1�3fOtld 0 z w CDW a g 914SS NW'YI21Vd SIf1Ol lS'OOZ 311f1S 1332J1S HI9C 1S3M 1062 011 13 3 211S 1-11091 999L S213N1dVd 1tl11dYO VAVr 02199 NW'131129 31ddV'M IS 11109 1 2991 2131N33 >10ONN3d 1�3fOtld 91499 NW ',I21Vd 911101±9 009 9±109'1332 LS H19C 1S3M 1069 011 13321191-11091. 999L S213N121tld ltllldtl0 VAVr 02199 NW '131159 3lddV'M IS HAS L 2991 2131N33 H3ONN3d 1�3fOtld y F 0 0 104 STABILIZED CONSTRUCTION ACCESS EROSION BLANKET 91999 NW'Yl21Vd 81110118'00931100'139aLS Hill 1S3M 1969 011 13 3 211S 1-11091. 999L S213N121tld ltllld110 8S\V 02199 NW '631198 31dd9'M IS H1091 2991 2131N33 >13ONN3d 1�3fOtld SW PPP - NARRATIVE Cr) (PART II1.A.4.B8C): 0 a s E; olosauuwq 'AaileA aiddy 'lawn 42051. 999L 33AJOD A311VA 31ddV SITE SUMMARY MEM 6 5 0 J ,---- - ageminsonsomf am 1, mime ,1 IMEMENIM 1 1 •w ci• 2' M lI • • • 1 • g.V! — ._ • MMihI 'ffi II' - ' " 11 1 II 111 :....... UI 111 .m••••••• 1 Emu' A •.i. li 2,22-22' vosvoo` tr-11.3a5311.tlOddrnerVii.3a531...10.1 rner zewou, elosauuly j 'dailen aiddb 'lawns 430SL 999L 33JJOD A311VA 3lddV Oti .13 11111111 1111111 11111 ull 1 II II II Illi �lu 11 1111 ui1 111111111 04 aB ■ ■ N 1- z z W 1111 rel H111II'mil z z F Izcj o z8 aB zr-333w3 A3nrn 33ear\333303 A3nrn 33.r .ewo lt3 ••. ..•• City of Apple Valley MEMO Building Inspections TO: Alex , Planning and Econ Dev Specialist 1 FROM: George Dorn, Building Official DATE: July 11, 2019 SUBJECT: 7668 150th Coffee Drive-thru at Pennock • A revised SAC determination is required from Met Council prior to permit issuance from the city. The current one we have if from a previous proposal. • Geotechnical report boring log and Special Inspector Agreement is required prior to permit and soil corrections on site. • Submit plans to Minnesota Department of Labor, Plumbing Division for review of proposed plumbing, roof drainage, sanitary and storm design. • Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. • Separate sign permits are required. Structural drawings will be required for review. • The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the building to have an automatic sprinkler system installed based on occupancy type and square footage. • Allowable area and building heights will be determined once the code analysis has been completed. • A grease interceptor will be required for this project per City Ordinance Chapter 51.08 (B) (d). • A U.S. Environmental protection Agency must inspect all buildings, prior to demolition. A copy of the inspector's report is required with the demolition permit application. The contractor is required to send the notification of intent to perform a demolition to the Minnesota Pollution Control Agency (MPCA) Asbestos Program. This notification form must be sent ten working days before the demolition begins. Provide a copy of this to the City when you apply for the demolition permit. You may contact the MPCA at 651-296- 6300. • Construction for the Industrialized/Modular Building shall be in accordance with Chapter 1361 Minnesota Administrative Rules and the 2015 Minnesota State Building Code. • Frost protected footings shall be in accordance with 2015 Minnesota State Building Code 1303.1600. Apple Valley Fire Department MEMO City of Apple Valley TO: Alex Sharpe- Planner FROM: Brian Kilmartn, Fire Marshal DATE: 10th July, 2019 SUBJECT: 7668 150th Street- Pennock Center Alex, Per your request regarding the above project, I've listed a couple bullet point comments for you to pass along. I'd be happy to discuss any questions or concerns with either you or the developer. - The entire building will be required to be fully sprinkled, the prefab structure will not be viewed as a separate building thus it will have to be sprinkled as part of the entire structure. - The drive lane is very narrow and the left turn at the NE corner of the building seems restricting for Fire Apparatus, we have a standard template for Fire Apparatus access. I believe the City Engineer will provide that template as part of his comments. - If Fire Apparatus won't be able to maneuver the entire property, both the Fire Sprinkler Riser and Fire Alarm equipment will have to be relocated to the front of the building. - If this property is going to be addressed as indicated, each tenant will have to be assigned suite numbers (example 100,120,130 etc.) Brian Kilmartin Fire Marshal 952-953-2680 brian.kilmartin@applevalleyfire.org City of Apple Valley MEMO Public Works Department TO: Alex Sharpe, Planner FROM: Brandon Anderson, City Engineer DATE: July 12, 2019 SUBJECT: 7668 150th Street West — Pennock Center Alex, following is comments on the Pennock Center site plan Revised July 1, 2019. Please include these comments as conditions to approval. General Site • Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: o Material storage and staging • All material storage to be onsite and indicated on plan. o Haul routes to and from the site. o Contractor and subcontractor parking locations • Onsite trade parking should be provided. • Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits prior to Building permit authorization. • A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. • Proposed use is consistent with previous applications and traffic study needs. No additional mitigation is required on Pennock Avenue. The previous Traffic Impact Study indicates the need for a WB left and right leaving the site in the shared entrance off Pennock has been provided on the site plan. Striping plans and layout shall be approved by City Engineer. • Proposed parking layout does not encroach into future ROW needs along Pennock Avenue. • A 30' drainage and utility easements has been provided over existing sanitary sewer. • Provide additional drawing showing Auto turn turning movements to verify site circulation and layout requirements for planned vehicle usage to be used onsite. Please indicate (or show vehicle) stacking distances on the plan. • Show truck movement with Auto turn entering site to ensure emergency and service vehicles can maneuver within the site. • Given the radius required to maneuver the drive thru (no bypass or service lane is provided) as proposed, a service, emergency or commercial vehicle will have a difficult time maneuvering. The drive through lane should be modified to prevent vehicle conflicts. • Parking and site circulation will be problematic when entering the NW corner of the site. If cars are in the drive thru and parked in parking lot there is not turn around available. The parking and drive aisle on the west side of the building show be modified to provide an adequate vehicle turn around or one-way traffic circulation only. • The parking in the center of the site would need to allow for circulation. • Underground Infiltration Basin Construction and Maintenance Agreement will be required as part of Development Agreement and be privately owned and maintained • Additional one way traffic markings may be necessary at drive-through lane. Storm Drainage and Grading • Provide soil borings at proposed underground basin prior to building permit approval. Erosion Control • Perimeter protection is indicated on the proposed plan. • Street sweeping shall be provided should tracking occur during construction. • Rock construction entrance is indicated on the proposed plan. • Inlet protection, silt fence and other erosion control features shall be maintained throughout the project. Utilities • Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. • Provide storm sewer calculations for storm water requirements. (Rational method including Hydraulic grade lines). • Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. • The existing sanitary sewer service should be identified on the plans and shown as either removed or abandoned in place. The existing wye shall be capped as part of the removal/abandonment. • Valves should be shown in the pavement area and not near the building on the patio for accessibility by Utility Staff. Natural Resources • Several of the replacement trees are proposed in the Drainage and Utility easement area. Trees should not be planted in public drainage and utility easements. • Protect trees in Dakota County right-of-way throughout construction. These young trees were replacements provided by Dakota Electric Association. • One maple tree proposed to be protected on the western edge should be removed — it is split and may be considered hazardous. • The three proposed Black Hills Spruce will be 30'+ wide upon maturity. Substitute a narrower species or alter the planting location — if the maple is removed there is more green space available. ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. July 17, 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, August 7, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, July 10, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, July 24, 2019 Wednesday, August 21, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, July 24, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, August 7, 2019 Next City Council Meetings: Thursday, July 25, 2019 - 7:00 p.m. Thursday, August 8, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A