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HomeMy WebLinkAbout10/02/2019••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 October 2, 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 September 18, 2019, Regular Meeting 4. Public Hearings A. Pennock Center - PC19-13-CVB 1. Conditional Use Permit for a Drive -Through in Association with a Class III Restaurant 2. Recommend Approval of a Building Setback Variance on the North Property Line from 50' to 28' 3. Recommend Approval of a Parking Setback Variance on the North Property Line from 15' to 6' 4. Recommend Approval of a Parking Setback Variance on the West Property Line from 15' to 6.5' 5. Site Plan/Building Permit Authorization for Approximately 6,100 Sq. Ft. Building Location: 7668 - 150th Street W Petitioner: Java Capital Partners, LLC 5. Land Use / Action Items 6. Other Business A. Apple Valley Golf Course B. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, October 18, 2019 - 7:00 p.m. Next City Council Meeting - Thursday, October 10, 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. October 2, 2019 Consent Agenda Description: Approve Minutes of September 18, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of September 18, 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 SEPTEMBER 18, 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, Paul Scanlan and David Schindler. Members Absent: Jodi Kurtz Staff Present: Community Development Director Bruce Nordquist, 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 Diekmann moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving the minutes of the meeting of September 4, 2019. Ayes - 6 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving continuing the public hearing for Pennock Place conditional use permit, setback variances and site plan review to October 2, 2019. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS - NONE- 5. LAND USE/ACTION ITEMS - NONE- 6. OTHER BUSINESS A. Sketch plan review of proposed ordinance to expand provision for accessory dwelling units to all residential zoning districts. Planner Kathy Bodmer stated a resident submitted a sketch plan to discuss extending the accessory dwelling unit (ADU) provisions found in Sect. 155.382 to the R-3 (Single family residential, 11,000 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 2 of 5 sq. ft. min. lot) zoning district. An accessory dwelling unit is a separate living unit created on a single family property, either within, attached or detached from the primary structure. Other names for these units include mother-in-law apartments or granny flats. An accessory dwelling is a second, but clearly accessory, living unit. The purpose of the ADU is not to split a single family home to create a duplex or two-family home, but is to create a smaller, supplemental separate living unit where the property owner remains on the property, living in either the primary dwelling or the ADU. In the case of this resident, he is not able to construct an ADU in his home because his property is zoned "R-3" (Single family residential, 11,000 sq. ft. minimum lot). In Apple Valley, ADUs are only allowed in Planned Development 703 (PD -703) Cobblestone Lake or "R-1" (Single family residential, 40,000 sq. ft. minimum lot) zoning districts. Currently, ADUs are only permitted in two zoning districts in the City: first, in Planned Development Zone 703, Cobblestone Lake, accessory dwelling units may be constructed and operated as a permitted accessory use. The ADU may be within, attached or detached to the primary home. One detached accessory dwelling was constructed above a detached garage that served as a sales office for the Cobblestone Lake area. The building has since been converted back to a garage with an upper level living space. Because ADUs are permitted by right in the zoning district, there may be other ADUs in Cobblestone Lake that have been constructed that required no additional permitting or review. Second, in the R-1 (Single family residential, 40,000 sq. ft. minimum lot) zoning district, property owners may apply for a conditional use permit (CUP) to construct and operate an accessory dwelling unit either within or attached to the primary dwelling unit; a number of conditions must be met in order to obtain the CUP. Stand-alone detached accessory dwelling units are currently not permitted in the R-1 zone. A number of other conditions must be met in order to obtain a CUP for an ADU. Since the ordinance was adopted in 2003, two conditional use permits have been issued for ADUs in connection with large home expansions. In the two cases noted above, ADUs were proposed to be occupied by family members and were constructed in connection with major home renovation projects. Gregg Rudolph, 4777 - 137th Street W., would like to make modifications to the lower level of his home to create a separate living area. In his attached letter, he explains that he lives in a large house and would like to remodel his home to create a separate dwelling unit for family members or others in his lower level. He reviewed the provision of the ADU ordinance currently required in the R-1 district by CUP and would like to have the ordinance expanded to residents in the R-3 zoning districts too. He would meet the performance standards required of R-1 properties, except for the minimum lot size requirement of 40,000 sq. ft. While reviewing the request to expand the provisions of the ADU ordinance into the R-3 zones by Mr. Rudolph, a few other residents called with similar interests. Ms. Bodmer reviewed additional points of interest that should be considered: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 3 of 5 • What about other residential zoning districts? Should the ADU ordinance allow ADUs in R-2 zones (Single family residential, 18,000 sf minimum) or PD (Planned Development) zones? If ADUs are allowed in R-1, should it be available to all single family zoning districts in the City? • What about detached ADUs in cases where the resident has a large lot? One resident is interested in constructing a detached ADU on a property that is over 1.5 acres. Currently, the ADU ordinance in the R-1 zoning district has the following performance standards: 1. Minimum lot size 40,000 sq. ft. 2. Owner must reside in either the primary structure or the ADU a minimum of 180 consecutive days during the year. 3. A lot with an ADU may not be subdivided or condominiumized. 4. Size of the ADU may not exceed 40% of the footprint of the primary structure or no less than 300 sq. ft. 5. The lot must be able to meet the impervious coverage requirements of Sect.155.350. 6. The ADU must be designed to be compatible in shape and overall design with the primary structure. 7. An ADU may be located within the existing structure or attached to the existing structure. No detached ADUs are permitted. 8. May convert garage space to ADU space only when room available for 2 -car garage remains on the lot. 9. Maximum size of ADU 2 bedrooms and 3 people. 10. ADU must have a minimum of two off-street parking spaces available. No more than 4 vehicles may be parked outside a home with an ADU. 11. Maximum three ADUs within a 1/2 mile radius. 12. Home occupation allowed in either the primary residence or the ADU, but not both. 13. The entrance to the ADU must not be obtrusive to the front entrance to the home. 14. An ADU will only be allowed when demonstrated that such unit will not negatively impact the existing neighborhood. 15. An additional garage is permitted if only one garage is visible from the street. When the ADU regulations were first discussed in 2003, the City Council preferred to enact the ordinance on a limited scale before adopting it city-wide. The City has received no complaints and has had no issues related to the three ADUs that are officially permitted in the City. Today, approximately 165 parcels are zoned R-1 and are eligible to apply for a CUP for an ADU. Expanding the ADUs to the R-3 zoning district would allow the majority of the City residents to make a request for a CUP for an ADU. If the ordinance is amended to allow ADUs in the R-3 zone, the City should also explore expanding the ordinance to allow ADUs in other "R" zones and single family PD zones. Commissioner Alwin commented on the 40 percent of the footprint of the primary structure and that this could become an enforcement challenge. Commissioner Burke asked if the building would be increasing in size to create this ADU then the impervious surface would need to be calculated. If this is done city wide then you have the CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 4 of 5 potential to increase the size of the house. Would one set of mechanicals make it different for a house where you have two sets of mechanicals for and would the need for separate meters be needed. Ms. Bodmer said the city's rental registration program would need to be reviewed due to the property owner living on site. Commissioner Scanlan commented that as long as there is not a door it acts the same as a single- family home. But in this case when the door is added, then the option could become a long term rental type of property. He asked how does something like this in a residential type of dwelling differ than in a commercial rental type of property and if there are components that have to come over to that for safety reasons. Ms. Bodmer said she would need to research that to make sure. She added the difference is the owner would have to be there in either of the two units where the ADU was created. The owner could rent it out and take income from that. Commissioner Scanlan asked if there was any place in the city where there might be restrictions on rental properties in residential zones. Ms. Bodmer answered not from a city standpoint. There could be covenants in neighborhoods but the City does not have dealings in that. Commissioner Scanlan inquired how the second driveway comes into play. Ms. Bodmer explained the restrictions regarding a second driveway on a corner lot. Commissioner Diekmann referred to the improved surface requirement to park or store a vehicle and asked how it is different from a driveway versus a parking area. Ms. Bodmer said the city code defines a driveway going from the public right-of-way to a garage. Commissioner Diekmann said then if it is beside a garage, one would have already passed the garage, how is that a driveway or a parking space if one is to put a boat there. Ms. Bodmer said that would be a hard surface storage area. Commissioner Diekmann asked if you can have a hard surface storage area on a non -primary entrance to the lot. Ms. Bodmer responded that staff would need to look at that and currently code does allow parking pads beside garages. Parking pads that are not driveways have been a concern. Commissioner Alwin asked that if a garage is converted to living space does the existing driveway to it need to be removed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 5 of 5 Ms. Bodmer said yes, the driveway would need to be removed. Chair Melander commented that this could an enforcement nightmare and impossible to monitor. Gregg Rudolph, 4777 — 137th Street, the resident interested in this proposal, said he is motivated by the multi -generational concept and would like to rent out the basement while they are using the home and he did not want to take out permits and start construction without doing it right first. He added multi -generational living is becoming more popular. B. Discussion of the status of the draft 2040 Comprehensive Plan Update Community Development Director Bruce Nordquist introduced the material staff has prepared to update the Housing Chapter of the draft 2040 Comprehensive Plan. Staff had been in discussions with Metropolitan Council staff during the last several months regarding questions raised between the agency and the City. Multiple chapters had updates clarifying text, data, and maps. Discussion followed. C. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, October 2, 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 Schinder moved, seconded by Commissioner Diekmann to adjourn the meeting at 8:56 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. October 2, 2019 Public Hearings Description: Pennock Center - 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: 7/26/2019 60 Days: 9/24/2019 120 Days: 11/23/2019 ACTION REQUESTED: If the Planning Commission concurs, staff is recommending the following actions: Close the public hearing and recommend the following: 1. Recommend approval of a Conditional Use Permit for a Drive -Through in Association with a Class III Restaurant on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 2. All signage associated with the drive-through window service shall adhere to Section 154.04 (J)(1)(2)(3)(4)(5) by separate review and approval. 3. Site uses shall comply with parking requirements. Potential uses may be limited by overall site parking requirements. 2. Recommend approval of a building setback variance on the north property line from 50' to 28' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 3. Recommend approval of a parking setback variance on the north property line from 15' to 6' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 4. Recommend approval of a parking setback variance on the west property line from 15' to 6.5' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 5. Recommend approval of Site Plan/Building Permit authorization for an approximately 6,100 sq. ft. building on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 2. Building Elevations shall be required to meet the Apple Valley Downtown Design Guidelines, updated elevations shall be provided prior to review by City Council. 3. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3)(a)(b) of the city code. 4. Construction shall occur in conformance with the landscape plan dated September 24, 2019; subject to minor revisions and submission of a detailed landscape planting price list for verification of the City's 21/2% landscaping requirement at the time of building permit application. 5. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 6. The infiltration basin and underground storm water infiltration system shall be constructed in conformance with the City standards and approval from the City Engineer. 7. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the underground storm water infiltration system. 8. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 9. Subject to all conditions noted in the Building Official's memo dated August 27, 2019. Subject to all conditions noted in the City Engineer's memo dates September 26, 2019. 10. A separate application and signage plan in conformance with the sign regulations must be submitted to the City for review and approval prior to the erection of any signs. SUMMARY: The public hearing for the application from Java Capital Partners, LLC, property owner, remains open while staff and the applicant addressed concerns about the site plan. In order to proceed, the Planning Commission will be required to close the public hearing, and note any public comments. There were no public comments when the hearing was opened. Minor site improvements were proposed after the applicant submitted civil drawings, which will be required to be updated prior to a final review by City Council. Staff is recommending the proposed actions as significant improvements have occurred since the initial Planning Commission review. These will be detailed below. The application remains a 6,100 sq. ft. building with three tenants and a CUP for the drive through for a coffee user. The other two tenants have yet to be identified. The applicant noted in their application that they intended to lease to a nail salon and a quick service restaurant. Due to the size of the building, and the limited parking field staff and the Planning Commission expressed concerns about the parking demand and the potential for the site to be unable to accommodate required parking. Working with the applicant, they have amended their application and stated that the quick service restaurant could become a retail tenant, which has a lower parking demand. With this new use, and the owner being aware of their tenant mix, staff feels the site can meet parking requirements. The site is constrained by size, shape, and a large utility easement for a public sewer. Due to these constraints staff is comfortable with the proposed setback variances, however, these variances may have impacts in the future as other sites in the area redevelop. BACKGROUND: Comprehensive Plan and Zoning The site is guided "C" (Commercial) and is zoned "RB" (Retail Business). A Class III Neighborhood Restaurant is consistent with the comprehensive guiding and the retail business zoning. When redeveloping a property the Comprehensive Plan provides guidance and states the following: The City recognizes that market forces, suitability of buildings and sites, and other factors will continue to create opportunities for redevelopment. The City will work with property owners to facilitate redevelopment that enhances the community and helps achieve the objectives of the plan. Class III restaurants are neighborhood oriented and include users such as coffee shops, doughnuts, bagels, or sandwiches. A drive-through in association with any of these uses requires a CUP and must meet CUP requirements. Site Plan Significant improvements have been made to the site plan, the largest being the interior traffic flow. Working with staff, the applicant has proposed a plan that circulates interior traffic in a one-way direction, similar to other constricted sites in town. This requires that all users utilize the drive-thru escape lane as the primary traffic lane through the site, but also removes the interior conflicts present in the original proposal. To accommodate one-way traffic the parking stalls are now angled, which along with striping and signage will help guide users to utilize the correct traffic flow. Site access has been widened to accommodate the emergency vehicle turning radius, and to prevent stacking from the drive-thru backing up into the Regency Center Pennock Ave entrance, which was a primary concern on the previous plan. As previously stated, redevelopment sites have more challenges than a typical green -field site. The City of Apple Valley's Comprehensive Plan encourages redevelopment, and expresses that flexibility may be required for sites to create opportunities. Setback Variances Three variances are proposed on the site, one building setback from the northern property line, and two parking setback variances. City code requires a 50' building setback adjacent to arterial roadways, such as CSAH 42. However, the City has permitted variances to this setback in the past in cases of redevelopment, or when adding an additional building/parcel to an existing site. In addition to the building setback variance, two parking setback variances are requested. A 15' parking setback is required when adjacent to a roadway. A 8.5' variance is requested along Pennock Ave, and an 8' variance is requested along CSAH 42. Staff has evaluated future right-of-way (ROW) needs for Pennock Ave, and there will not be any conflict with the parking lot. Dakota County has expressed the need for additional ROW for CSAH 42, however there are several structures adjacent to this site that have similar setbacks to the proposal. Perkins for example is setback approximately 26' and free standing signs in the area are setback 0'. At this time Dakota County has not identified where it will require the additional ROW. Typically, setback areas are utilized for landscaping, green space, and snow storage. Due to the limited snow storage the applicant may need to contract to remove snow from the site. The City of Apple Valley does not have a maximum lot coverage for retail properties like other neighboring cities. Typically, the setbacks and landscaping requirements create additional green space on site. Required Parking Spaces The applicant has amended their proposal and no longer plans to include a quick service restaurant in addition to the coffee user. Restaurants are one of the highest demand users for parking and the planned use change to a retail user allows the site to meet parking compliance. The new site plan has a single stall reduction from the prior site plan, bringing the total stalls to 36. Tenant mix will need to be carefully considered by the applicant, and will be evaluated for the site through the building permit process as each tenant space develops. In the long term this can cause difficulties as new users wish to locate in a space, but the City has worked with these instances in the past. If the applicant wishes to pursue a quick service restaurant the option to obtain cross parking agreements is still available in the future, if neighboring properties agree. Grading Plan The site is relatively flat, and grading and drainage issues will need to be evaluated to ensure drainage is treated on the property. The City Engineer's memo provides additional comments and conditions on grading. Building Elevation Plans The exterior elevations indicate that the building materials will primarily be EIFS panels with aluminum panels, and rock face concrete block. Code requires that all four sides of the building be constructed with equally attractive materials. Material changes have not been proposed by the applicant, however further review of the site found that it is subject to the regulations in the City of Apple Valley's Downtown Design Guidelines. The applicant will be required to meet these regulations and submit building elevations that demonstrate compliance prior to review by the City Council. Landscape Plan City Code requires that landscape materials be installed with a minimum value of 2 1/2% of the means cost of construction value of the building. A recommended condition of approval is that the applicant supply a bid sheet for the cost of all vegetation at the time of building permit to ensure they meet the code requirement. If the applicant is not able to meet landscaping requirements through vegetation they will be required to work with City staff to find alternative ways to meet code requirements. The revised plan includes large shade trees in the parking lots/medians. This is an improvement from the prior plans which also improves site lines and vehicle clearances. The Natural Resource Coordinator advises that the Black Hills Spruce proposed be replaced with a more narrow growing conifer, such as a Norway Spruce to allow for better site lines when fully grown. They also note that the City encourages the planing of more native species for cover vegetation. Site Utilities The applicant is proposing to treat stormwater through an underground system. The design of this system will be required to be approved by the City Engineer and a maintenance agreement will be required. BUDGET IMPACT: N/A ATTACHMENTS: Map Site Plan Plan Set Plan Set Elevations Memo Memo Memo z - 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 alosauuwq 'AaileA aiddy 'lawn (120S1 999L 33AJOD A311VA 31ddV z 1- 150th STREET W - :6A sewn lI( ' 4_14:47-N No tr-lirna 531.1.... woe \ 53..10.1 zewoualt3 PIVAY ROUTE \\\\\\\\\\\\\\\� \\\\\\\\\\\\\\\ >DIWI 3tlU r'� ILII IIT ILII ILII IAI. ILII ILII. Iib k\\\ \ W 0 (Y n i 0 0 w 0 (Y w MD l., ,LII la, TRASH TUC< 'OM ION SONG n � � - 4) IIT •IMI• •MI• •IM• •IMI• •IMI..11• •I10•. t 914SS NW ') Vd SIfOI 1S 'OOZ 31IfS '133211S H1SE 1S3M 1E64 311133i11S H10SL 899L Si13NJ. Vd ltllldVO YAW PUSS NW 612115131ddV 'MIS H10S1- 8991 2131N3O NOONN3d road EROSION CONTROL NOTES: SEE S'aPPP ON SHEETS SW1.0.S,71.3 REMOVALS LEGEND: I REMOVALS PLAN 0 0 9 1179 NW ') Vd SIfOI 1S 'OOZ 31IfS '1332llS H19£133M 1£64 311133i11S H10S1. 899L SH3NJ. Vd 11/1.1dVO VAVI' PUSS NW 'A311VA 31ddV 'MIS H10S1, 8991 2131N3O NOONN3d road 0 L N N 0 CO. RD. 42 150 TH ST W SITE PLAN LEGEND: 914SS NW ') Vd SIfOI 1S 'OO231IfS '133211S H1SE1S3M 1E64 311133i11S H10SL 899L Si13NJ. Vd ltllldVO YAW PUSS NW 212115131ddV 'MIS H10S1, 8991 2131N3O NOONN3d road V4ILL BE PROVIDE.FTE.SOIL REPOR GRADING PLAN 0 M U 914SS NW '99Vd SIfOI 1S 'OOZ 31IfS '1332llS H1SE 1S3M 1E64 311133i11S H10SL 899L SH3NJ. Vd ltllldVO YAW PUSS NW 612119131ddV 'MIS H10S1- 8991 2131N3O NOONN3d road UTILITY PLAN 0 U 9 W9 NW ')19Vd SIflO11S 'OOZ 31If1S '133211S H1SE 1S3M 1E64 311133i11S H10SL 899L Si13NJ. Vd ltllldVO YAW PUSS NW .12115131ddV 'MIS H10S1, 8991 2131N3O NOONN3d road LANDSCAPE PLAN 0 J L1 elosauuRN 'AaileA aiddv 'lawn (10L 999L 33AJOD A311VA 31ddV `3! z < z e. 0 0 > 0 J LT; 111 0 ' c c 2,333303 31.tl 33.03 A311VA 31.tl zewoualt3 r 8 ' 71 w 1 l M i L.,..,., 1 ,. II , 7 lit ..? L_ 1 II 1 _ ..i. 1 ..: _ J li c c 2,333303 31.tl 33.03 A311VA 31.tl zewoualt3 00600 .600 0.0 City of Apple Valley MEMO Public Works Department TO: Alex Sharpe, Planner FROM: Brandon Anderson, City Engineer DATE: September 26, 2019 SUBJECT: 7668 150th Street West — Pennock Center Alex, following is comments on the Pennock Center site plan Revised September 24, 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 or relocated utility pad does not encroach into future ROW needs along Pennock Avenue. • A 30' drainage and utility easement shall be provided over the existing public sanitary sewer. • Site circulation will be problematic when entering the site. The 22' F -F drive aisle should be extended all the way to the southern property line and include a concrete median between entrance and exit. • 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 and exit. 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 and water service should be identified on the plans and shown as either removed or abandoned in place. The existing sanitary 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 • 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. BOL—TON 84. NA K, 1 Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337 Phone (952) 890-0509 • Fax (952) 890-8065 www.bolton-menk.com MEMORANDUM Date: June 10`h, 2016 To: Brandon Anderson, P.E., City of Apple Valley From: Bryan Nemeth, P.E., PTOE Michael Narow, E.I.T. Subject: Pennock Center Traffic Study Revision I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 43354 June 10, 2016 Bryan T. N meth, P.E., PTOE Reg. No. Date I. Background A proposed development for a building that includes a Drive-Thru Coffee Shop and retail/commercial space is proposed to be located on the southeast quadrant of 150`h Street and Pennock Lane. The existing access for Butler and Associates Insurance Agency onto Pennock Center Drive (the primary east -west Regency Shopping Center internal drive) will be used for the access to the property with no cross -access to any other properties. II. Traffic Data AM and PM Peak hour traffic counts were completed at the intersection of County State Aid Highway (CSAH) 42/150`h Street at Pennock Lane and Pennock Lane at Pennock Center Drive from 7:00 to 8:00 am and 4:30 to 5:30 pm the week of January 3rd, 2016. 2016 No Build traffic volumes are shown in Figure 1. Signal Timings for the traffic signal at 150th Street and Pennock Lane were provided by the county. III. Measure of Effectiveness Measures of effectiveness display quantitative information about the performance of an intersection or network of intersections. The primary measures that are used in this study are level of service and delay. Level of Service The operational analysis results are described as a Level of Service (LOS) ranging from A to F. These letters serve to describe a range of operating conditions for different types of facilities. Levels of Service are calculated based on the 2010 Highway Capacity Manual, which base the level of service on control delay. Control delay is the delay experienced by vehicles slowing down as they are approaching the intersection, the wait time at the intersection, and the time for the vehicle to speed up through the intersection and enter into the traffic stream. The average intersection control delay is a volume weighted DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer Pennock Center Traffic Study Page 2 average of delay experienced by all motorists entering the intersection on all intersection approaches for signalized and roundabout intersections. Level of Service D to E is commonly taken as an acceptable design year LOS with LOS C to D for current year as acceptable. The level of service and its associated intersection delay for an unsignalized intersection is presented below. Table 1: Level of Service Criteria IV. Trip Generation and Traffic Forecast Trips generated by a Drive-Thru Coffee Shop and retail shopping use were added to the roadway network. Trip generation was determined using the Trip Generation Manual, 8`h Edition, Institute of Transportation Engineers, 2008. Trip generation rates were evaluated using data for Coffee/Donut Shop with Drive -Through Window (ITE 937) and Shopping Center (ITE 820). Additionally, trips generated by Butler and Associates Insurance Agency were removed from the roadway network. It was assumed that the insurance agency would generate trips similarly to a general office building. The trips were distributed based on existing traffic patterns in the area and the most recent Average Daily Traffic (ADT) volumes on surrounding roads in the area according to MnDOT. 2016 Build traffic volumes are shown in Figure 2. Trip generation and distribution details can be found in the attached documents. Future traffic volumes were developed using future forecasted traffic volumes according to the Dakota County 2035 Transportation Plan. Estimated 2035 traffic volumes were compared to the most recent ADT volumes according to MnDOT. A growth factor of 1.3 was applied to 2015 No Build traffic volumes to develop 2035 No Build traffic volumes. The trips generated were added to 2035 No Build traffic volumes. 2035 Build traffic volumes are shown in Figure 3. V. Public Roadway System Impacts It is anticipated that the development traffic would be effectively dispersed throughout the public roadway system. The traffic increase from the development (increase of 2,540 trips per day, 50% of which are new trips to the roadway network and 50% of which are existing trips that complete a trip to the development) to other roadways and intersections is anticipated to be minimal H:AAPVA\_General\2015\Pennock Center Traffic Study\2016-06-10_Pennock Center Traffic Study Memo Update.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Unsignalized Intersection LOS Control Delay per Vehicle (sec.) A <_10 B >10and <_15 C >15 and <_ 25 D >25 and <_ 35 E >35 and <_ 50 F >50 IV. Trip Generation and Traffic Forecast Trips generated by a Drive-Thru Coffee Shop and retail shopping use were added to the roadway network. Trip generation was determined using the Trip Generation Manual, 8`h Edition, Institute of Transportation Engineers, 2008. Trip generation rates were evaluated using data for Coffee/Donut Shop with Drive -Through Window (ITE 937) and Shopping Center (ITE 820). Additionally, trips generated by Butler and Associates Insurance Agency were removed from the roadway network. It was assumed that the insurance agency would generate trips similarly to a general office building. The trips were distributed based on existing traffic patterns in the area and the most recent Average Daily Traffic (ADT) volumes on surrounding roads in the area according to MnDOT. 2016 Build traffic volumes are shown in Figure 2. Trip generation and distribution details can be found in the attached documents. Future traffic volumes were developed using future forecasted traffic volumes according to the Dakota County 2035 Transportation Plan. Estimated 2035 traffic volumes were compared to the most recent ADT volumes according to MnDOT. A growth factor of 1.3 was applied to 2015 No Build traffic volumes to develop 2035 No Build traffic volumes. The trips generated were added to 2035 No Build traffic volumes. 2035 Build traffic volumes are shown in Figure 3. V. Public Roadway System Impacts It is anticipated that the development traffic would be effectively dispersed throughout the public roadway system. The traffic increase from the development (increase of 2,540 trips per day, 50% of which are new trips to the roadway network and 50% of which are existing trips that complete a trip to the development) to other roadways and intersections is anticipated to be minimal H:AAPVA\_General\2015\Pennock Center Traffic Study\2016-06-10_Pennock Center Traffic Study Memo Update.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Pennock Center Traffic Study �� Page 3 uM� Roadway Se ment g Existing AADT AADT Increase from Development Proposed AADT % Change in AADT Daily Roadway Capacity* Max Volume to Capacity Ratio** Pennock Ln (S of Pennock Ctr) 8,300 305 8,605 4% 18,000 to 22,000 0.48 Pennock Ln (150th to Pennock Ctr) 8,300 1,780 10,080 21% 18,000 to 22,000 0.56 Pennock Ave (N of 150th) 10,100 360 10,460 4% 18,000 to 22,000 0.58 150x` St (W of Pennock) 29,500 940 30,440 3% 32,000 to 44,000 0.95 150x` St (E of Pennock) 29,500 940 30,440 3% 32,000 to 44,000 0.95 *Daily Roadway Capacity Range based on the Highway Capacity Manual procedures for the lanes, area type, surrounding land uses and access, and type of roadway **Based on the lower range of capacity. Actual capacity likely higher. Generally, a volume to capacity (V/C) ratio should be less than 1.00 with a goal of less than 0.85 to allow for increases during special events and other special conditions. The change in traffic volume is less than 5% for most of the surrounding public roadway system. Roadways with more than a 5% impact include Pennock Lane between CSAH 42/150`h Street and Pennock Center. Operations analysis at locations with a less than 5% projected increase in traffic are not included in the study as the volume change is anticipated to have little to no impact to the traveling public. VI. Traffic Operations Analysis Traffic operations was analyzed for five conditions: 2016 No Build Existing traffic volumes with existing geometry 2016 Build 2016 traffic volumes and trips generated from build with existing geometry 2016 Build — Mitigation 2016 traffic volumes and trips generated from build with potential mitigation as proposed by the Developer. A westbound left turn lane was added to the Pennock Lane and Pennock Center Drive intersection. 2035 Build 2035 traffic volumes with trips generated from build with existing geometry H:AAPVA\_General\2015\Pennock Center Traffic Study\2016-06-10_Pennock Center Traffic Study Memo Update.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Cr4 e Pennock Center Traffic Study �� Page 4 uM� 2035 Build — Mitigation 2035 traffic volumes with trips generated from build with mitigation to geometry mentioned above. Traffic operations results for AM Peak Hour and PM Peak Hour can be seen in Table 2 and Table 3 respectively. Table 2: AM Peak Hour Traffic Operations Intersection Traffic Control Int. Delay* Movement Delays* Traffic Control INT. LOS EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR 150th St & Pennock Ave 2016 No Build Signal 17 B 53 7 1 67 12 3 47 49 9 49 52 9 2016 Build Signal 20 B 53 10 2 54 13 3 44 50 17 46 59 4 2016 Build - Mitigation Signal 24 C 53 15 5 52 14 3 41 45 24 45 59 4 2035 Build Signal 22 C 50 11 3 62 16 4 42 50 22 49 54 6 2035 Build - Mitigation Signal 21 C 52 11 3 61 15 3 42 52 18 45 55 6 Pennock Ln & Pennock Center Pennock Ln & Pennock Center 2016 No Build SSSC 1 A 8 7 4 2 0 0 0 3 1 2016 Build 2016 Build SSSC 2 A 13 8 4 3 1 0 0 3 1 2016 Build - Mitigation 2016 Build - Mitigation SSSC 4 A 17 14 8 4 3 1 0 4 1 2035 Build 2035 Build SSSC 2 A 20 8 7 4 1 0 0 4 1 2035 Build - Mitigation 2035 Build - Mitigation SSSC 2 A 17 7 4 3 1 0 0 4 1 *Delay in Seconds per Vehicle Table 3: PM Peak Hour Traffic Operations Intersection Traffic Control Int. Delay* Movement Delays* INT. LOS EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR 150th St & Pennock Ave 2016 No Build Signal 33 C 74 25 5 57 19 5 55 61 32 55 64 35 2016 Build Signal 30 C 45 21 5 59 29 6 42 48 23 42 51 23 2016 Build - Mitigation Signal 34 C 75 26 6 58 20 5 62 57 36 48 62 29 2035 Build Signal 35 C 45 26 6 62 37 10 47 47 28 42 50 31 2035 Build - Mitigation Signal 34 C 46 25 7 60 35 10 48 46 25 41 50 33 Pennock Ln & Pennock Center 2016 No Build SSSC 2 A 8 4 0 0 5 2 2016 Build SSSC 3 A 13 4 1 0 6 2 2016 Build - Mitigation SSSC 4 A 17 8 3 0 6 2 2035 Build SSSC 3 A 20 7 1 0 7 2 2035 Build - Mitigation SSSC 3 A 17 4 1 0 7 2 *Delay in Seconds per Vehicle The current public roadway intersections operate at acceptable levels. The additional trips generated from the build condition increase the delay, but the intersections continue to operate at acceptable levels. The additional westbound left turn lane provided at the Pennock Lane and Pennock Center Drive intersection results in little to no reduction in intersection or movement delays in 2016. However, the anticipated growth in traffic for 2035 results in LOS D intersection delay and LOS F for westbound movements at Pennock Lane and Pennock Center Drive and northbound left movements at CSAH 42/150th Street. The additional traffic is anticipated to reduce the available gaps needed for westbound traffic on Pennock Center Drive to turn onto Pennock Lane resulting in excessive delays. The additional turn lane in the mitigation results in an increase in delay as seen in the 2016 Build — Mitigation PM Peak Hour but a reduction by the 2035 Build — Mitigation PM Peak Hour. An option for a southbound left turn lane has been previously proposed which would reduce the delay but is not a choice for mitigation due to additional considerations. Results were also evaluated for the internal driveway on-site (Pennock Center Drive at Development Access Driveway). Service levels are acceptable at LOS A during both peak hours. The westbound H:AAPVA\_General\2015\Pennock Center Traffic Study\2016-06-10_Pennock Center Traffic Study Memo Update.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Em �,� Pennock Center Traffic Study �� Page 5 uM� backups from Pennock Lane may block the intersection a few times during the peak hours inhibiting the eastbound left turn movement into the site. VII. Additional Considerations This analysis was completed for a previous site plan and is maintained to provide justification for why no mitigation is proposed on Pennock Lane. Maximum queues for the 2035 Build condition are anticipated to be greater than the currently available storage of 200 feet for northbound lefts at CSAH 42/150th Street. The addition of a short southbound left turn lane at the intersection of Pennock Lane and Pennock Center Drive would reduce the storage length for the northbound left turn lane at CSAH 421150th Street, pushing the northbound left turn queue into the through lane. Measures that maintain an adequate left turn lane length is preferred. Although the addition of a southbound left turn lane does provide delay reduction the driveway intersection ends up blocked 40% of the time during the PM Peak Hour. Without the southbound left turn lane, the block time is 3% of the PM Peak Hour. It is recommended that keeping the intersection clear is more important due to safety concerns. Pennock Lane should remain as it is today, maintaining two southbound lanes and a 200 foot left turn lane at CSAH 421150th Street. CSAH 421150th Street would not back up to Pennock Center Drive as often, resulting in more frequent gaps and openings in traffic. VIII. Conclusions The development impacts are as identified in the study. The primary conclusions are provided below. • The trip increase from the development is not anticipated to negatively affect the operations of the intersection of CSAH 42/150th Street and Pennock Lane. Delay is anticipated to be essentially the same (5 seconds or less difference) under no -build versus build conditions. Resulting Service Level of B/C in 2016 and C in 2035. • The service levels are anticipated to be acceptable at LOS A for all of the other intersections. o Pennock Lane at Pennock Center Drive o Pennock Center Drive at Development Access Driveway • The westbound approach to Pennock Lane may backup past the development driveway. IX. Recommendations • It is recommended that Pennock Center Drive (the primary east -west Regency Shopping Center internal drive) have one eastbound lane, one westbound left turn lane and one westbound right turn lane at Pennock Lane as shown in Figure 4. • No changes are recommended on Pennock Lane to maintain the northbound left turn lane storage need at CSAH 421150th Street. • The southbound left turn movement for a WB -50 truck is shown in Figure 5. This indicates that the design is able to accommodate truck movements into the site. It is recommended that the curb lines be adjusted and wider lanes be formed if there are issues with truck turning that result in backups or safety issues on Pennock Lane. Most common conflict that may occur will be between a southbound left movement and a vehicle in the westbound left turn lane. • It is recommended that a sign be installed indicating that drivers should not block the driveway intersection. This is shown on the proposed development layout. H:AAPVA\_General\2015\Pennock Center Traffic Study\2016-06-10_Pennock Center Traffic Study Memo Update.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. • 14 (98)-0" 106 (365)-- PENNOCKLN Ir 1lI "0.— 31 (40) 79 (147) �— 53 (160) PENNOCK LN 43 (155)-0" 42 (214) 16 (75)-4, 1fr N- w o boom M LO 71- N (0 U) O NLO — N. FIGURE 1: 2016 NO BUILD TRAFFIC VOLUMES PENNOCK CENTER TRAFFIC STUDY - APPLE VALLEY, MN • w 0 `— 24 (53) 139 (258) 126 (168)—V 96 (359)-- if PENNOCKLN Ir 1lI 50 (49) 89 (151) .0— 79 (169) PENNOCK LN "L$1 I 43 (155)-0" 50 (220)-0.- 16 (75)-0. 1fr N- M cc-7.) ti rn co --(0 N N N- M M O N. FIGURE 2: 2016 BUILD TRAFFIC VOLUMES PENNOCK CENTER TRAFFIC STUDY - APPLE VALLEY, MN 146 • w �— 24 (62) 184 (339) 118 (169)-4" 129 (471)-- if PENNOCKLN Ir PENNOCK LN 1lI "4— 61 (55) 112 (193) I-92 (211) 56(202)-0' 62 (282)-0'- 21 (98)-4, N. FIGURE 3: 2035 BUILD TRAFFIC VOLUMES PENNOCK CENTER TRAFFIC STUDY - APPLE VALLEY, MN ,w1IP h A [dun IZIMMIITA 4 Ji 1 4 :1 i a 4 :1: ColiCCA 1 111: A 1 :711 a 4 [i 0] BYINA J J 1 IJ 111 A'&LL ••. ..•• City of Apple Valley MEMO Building Inspections TO: Alex , Planning and Econ Dev Specialist 1 FROM: George Dorn, Building Official DATE: August 27, 2019 SUBJECT: 7668 150th Coffee Drive-thru at Pennock • A SAC determination is required from Met Council prior to permit issuance from the city. The occupant load for the outdoor seating will also need to be included in the determination. • 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). • Occupant loads for calculating occupancy and plumbing fixture counts shall be in accordance with the 2015 MSBC Section 1004. In addition the accessible parking counts will be determined by the total number of parking stalls. ..• ••.•• ... City of Apple Valley MEMO Public Works Department TO: Alex Sharpe FROM: Carol Blommel Johnson DATE: August 27, 2019 SUBJECT: PENNOCK CENTER Below are comments for the Pennock Center plans dated August 2019. • The existing water and sewer services must be abandoned at the City main. • The curb stop installation must include a rod. • A grease trap is required if food is part of any of the tenant services. COUNTY ROAD 42 PRIVATE SANITARY MANHOLES PERKINS CHIPOTLE PRIVATE SANITARY SEWER LINE Sanitary Struc Sanitary Pipe • Sanitary Struc Private Sanitary Pipe Private • Vvater Struc Private — — Water Pipe Private • VVater Struc VVater Pipe Vii--11TE CASTLE UTILITIES April 14 2009 ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. October 2, 2019 Other Business Description: Apple Valley Golf Course Staff Contact: Bruce Nordquist, Community Development Director, Al CP Department / Division: Community Development Department ACTION REQUESTED: On September 26, the City Council reviewed the Apple Valley Golf Course (AVGC) application and the Planning Commission's denial of high density (HD) and medium density (MD) designations. The Planning Commission acted on August 7, 2019. The attached resolution from the City Council directs the Planning Commission to review a modified application from the applicant that removes HD designations from further evaluation. The denial in August conveyed what the Planning Commission "does not want" but did not provide sufficient direction on how to define comments made by the Planning Commission about "single-family" as defined by the Zoning Code. A variety of single and medium density designations are actually referenced in the Zoning Code as "low density". Some background material is attached that addresses a variety of lower density designations that may be matched to housing patterns presently in the neighborhood or desirable housing sought in the market place. Within a quarter mile of AVGC, 634 housing units have been counted. There are: - 237 homes in R-2 and R-3 single-family detached low density zones - 397 homes in R-5, M-3 and M-4 that are attached low density zones To summarize, there are approximately 37 percent single family units and 63 percent attached forms within a quarter mile of the AVGC. To be clear "zoning" is not being reviewed and discussed at this time. Rather, the future land use designation to 2040, should identify the low and medium density designations in the neighborhoods and guide the estimated potentially developable 8.5 acres of land for housing with open space, wetlands, storm water, ponding as amenities, and pipelines that this site of 23 acres offers as both constraints and opportunities. Some questions are formed here for future discussion as a public hearing is scheduled for October 16, 2019: 1. What land use designation offers assurances to the neighborhood of low/medium density single family and attached forms like the neighborhood? 2. If 12 units per acre is too high, what is the possibility at all or a portion of the acreage at 6, 8, or perhaps 10 units an acre that offers new housing choices being developed in the marketplace and sought by residents. 3. The AVGC neighborhood is surrounded by higher traffic volumes than experienced in more traditional single family locations (where volumes of 1,000 to 1,500 vehicles are experienced). Will the discussion consider the following? • the I -35E interchange did not exist when the neighborhood first developed • AVGC is part of a triangular street system bounded by the following traffic volumes. Exiting 2040 Forecast 140th Street W 11,300 14,700 McAndrews Road 7,700 10,800 Gardenview Drive 2,750 4,000 140th/McAndrews to I -35E 17,800 23,000 Good design and housing forms other than single family may be a better buffer for the entire neighborhood along 140th Street and at the intersection of 140th Street and Gardenview Drive as traffic volumes increase. 4. If attached and cluster and villa homes emerge in the future as a development direction, again similar to those in the neighborhood, how can that be best described as a broader land use? 5. Is there a hybrid attached housing area that encourages a low to medium unit count cluster type arrangement similar to the neighborhood and housing types in the market place? Right now, the AVGC has a unique interim designation of private recreation (PR). Could a special land use designation be developed called a low/med cluster at "X" units an acre that recognizes both land constraints and attached unit qualities that presently are not offered? Staff would be happy to discuss any questions of the Planning Commission in the "other business" part of the agenda. This information is being shared to begin a discussion to be further visited on October 16, 2019. SUMMARY: N/A BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Presentation Map CITY OF APPLE VALLEY RESOLUTION NO. 2019-113 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO REVIEW AND RECOMMEND AN AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN FOR PROPERTY LOCATED AT 8661 140TH STREET WEST, APPLE VALLEY, MN WHEREAS, pursuant to Minnesota Statutes, section 473.864, the City of Apple Valley ("City") adopted its 2030 Comprehensive Plan ("Comprehensive Plan".); and WHEREAS, pursuant to Minnesota Statutes, sections 473.175 and 473.864, any amendment to the Comprehensive Plan requires submittal to and action by the Metropolitan Council ("Met Council") in the same manner as the original plan; and WHEREAS, pursuant to Minnesota Statutes, section 473.858, amendments to the Comprehensive Plan must be submitted to the Met Council following recommendation by the Apple Valley Planning Commission ("Planning Commission") and after consideration but before final approval by the Apple Valley City Council ("Council"); and WHEREAS, pursuant to Minnesota Statutes, section 462.355, subd. 2, the Planning Commission may recommend an amendment of the Comprehensive Plan, and the Council may propose an amendment of the Comprehensive Plan by resolution submitted to the Planning Commission; and WHEREAS, pursuant to Minnesota Statutes, section 462.355, subd. 2, prior to adopting an amendment of the Comprehensive Plan, the Planning Commission is required to hold at least one public hearing thereon; and WHEREAS, pursuant to Minnesota Statutes, section 462.355, subd. 3, a proposed amendment to the Comprehensive Plan may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date an amendment proposed by the Council was submitted to the Planning Commission for its recommendation; and WHEREAS, Joel Watrud ("Applicant") is the owner of six parcels of land totaling approximately 23 acres within the City, which are legally described on Exhibit "A" attached hereto ("Property"); and WHEREAS, a privately owned and operated golf course has existed on the Property for decades; and WHEREAS, the Property is designated as "PR" (Private Recreation) within the Land Use section of the Comprehensive Plan, in recognition of its historical use as a golf course; and WHEREAS, the Comprehensive Plan describes the Property as being challenged to remain as presently used and that a change in land use must be carefully considered for the ability of the property to support the proposed use, the fit with the surrounding area and the overall plans of the City. The golf course is surrounded by residential uses that might also be evaluated for comparison to their density; and WHEREAS, the Applicant had requested the City to process an amendment of the Comprehensive Plan to designate the Property to three land use categories under the Land Use section: .5 acre to "LD" (Low Density Residential); 14.5 acres to "MD" (Medium Density Residential), and 8 acres to "HD" (High Density Residential) ("Application"), which proposal is shown on Exhibit "B" attached hereto; and WHEREAS, the Applicant has agreed to amend the application to remove a request for HD consideration. NOW THEREFORE, BE IT RESOLVED the City Council, of the City of Apple Valley, Dakota County, Minnesota, does hereby direct the Planning Commission to consider and recommend an amendment to the Comprehensive Plan for the Property, or portions thereof, to residential designation(s) under the Land Use section other than a designation of "HD". ADOPTED this 26th day of September, 2019. ATTEST: 2 EXHIBIT A Parcel I: That part of Outlots 2, 3 and 4 of Palomio Hills Lake Shore Addition, lying northeasterly of the northeasterly right of way line of 140th Street West. Parcel II: That part of Government Lot 3 and the Northeast Quarter of the Southeast Quarter of Section 20, Township 115, Range 20, lying northeasterly of the northeasterly right of way line of 140th Street West, and lying southerly and southwesterly of Cobblestones I. Parcel III: Outlots A, B, C & D in Cobblestones I, according to the recorded plat thereof now on file and of record in the office of the Registrar of Titles in and for Dakota County, Minnesota. 3 A.V. GOLF COURSE PROPOSED COMP PLAN DESIGNATION "LD" (Low Density Res.) "MD" (Med. Density Res.) "HD" (High Density Res.) 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GJ C •-: tIO N a M '- '= o 9 , g icr N •Wco liNd Ca V aro in �' aro 13 •- & cc 2 a, a •� a, N • • • • N • • "PD" zoning districts ZONING MAP dl((w�i�-�,, TRAFFIC ANALYSIS MAP WIUDiMOIDidrari C WETLANDS MAP Quarter Mile Attached and Single Family From AVGC 138TH ST E Alimagnet Lake U IMAM 7 � �®®e ® II �, . 011111iiiiii:iiial Park® � .. "1#44 t4tia arH l\141 • ir q '. .4 0 IOW A* :4 440: ) Xi* O 1111 ITI Lr 0 mini tog ®�� ®4 11Nr1� r Alrmagnet Park iblia3, mot *1 Ti b. m-y-wikwqr, 01/06119/111h, "NOM,l'[LJrM ItrtuIPIIIIIi! witit.11 woLa We Is= alit© 1 1 ostrzso 41 soliwo ow r & iiiI • k 1t.. /a, Legend Quarter Mile from AVGC Parcels Ai MNw mat z2ND ST 14! rmn rrn ITER 0.125 0.25 0.5 Miles 1 1 1 1 1 1 1 1 ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.B. October 2, 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, October 16, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, September 18, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, October 2, 2019 Wednesday, November 6, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, October 9, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, October 23, 2019 Next City Council Meetings: Thursday, October 10, 2019 - 7:00 p.m. Thursday, October 24, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A