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HomeMy WebLinkAbout12/16/2020••• •••• ••••• *00 Apple Valley 1 2. 3 Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 December 16, 2020 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM Call to Order A. Planning Commissioners will be attending either in -person or virtually. A roll -call will be taken. Approve Agenda 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 from Wednesday, December 2, 2020. B. Set the 2021 Planning Commission Regular Meeting Schedule Public Hearings A. The Cove - PC20-20-ZSCB Public hearing to consider rezoning of the three properties from "R-l" (Single family residential) to "PD" (Planned development), preliminary plat to create 17 lots, conditional use permit for "PD" within "SH" zone, and site plan review building permit authorization. Location: 13009 Diamond Path Road Petitioner: JMH Land Development, Custom One Homes, Randy and Carolyn Buller B. Apple Valley Square 6th Addition 1. Preliminary Plat to Subdivide a Parcel Into Two Separate Lots 2. Required Number of Parking Stalls Variance 3. Site Plan and Building Permit Authorization Location: 15125 Cedar Ave Petitioner: CAR Apple Valley Square, LLC 5. Land Use / Action Items A. Apple Valley Golf Course Rezoning - PC20-22-Z Consider Rezoning of 23 Acres From "P" (Institutional) to "LDF" (Low Density Flex) Location: 8661 140th Street West (Northwest Corner of 140th Street West and Garden View Drive) Petitioner: City of Apple Valley B. Mister Car Wash - Consider a Conditional Use Permit to Allow for a Car Wash Operation, and Site Plan/Building Permit Authorization for 6,500- sq. ft. Car Wash Facility on 1.25-acre Lot (PC20-17-CB) Location: Northwest Corner of 157th Street West and Pilot Knob Road (Lot 3, Block 1, Orchard Place 2nd Addition) Petitioner: HJ Development, LLP, and Rockport, LLC C. Starbucks CUP/Orchard Place Commercial - Consider a Conditional Use Permit to Allow for Drive -Through Window Service in Conjunction with a Class III Restaurant and Site Plan/Building Permit Authorization for a 7,400-sq. ft. and a 8,200-sq. ft. building on a 3.21-acre Lot (PC20-18- CB) Location: Northwest Corner of 157th Street West and Pilot Knob Road (Lot 4, Block 1, Orchard Place 2nd Addition) Petitioner: HJ Development, LLP, and Rockport, LLC 6. Other Business A. Review of Upcoming Schedule and Other Updates Planning Commission Meeting - Wednesday, January 6, 2021 - 7:00 p.m. Planning Commission Meeting - Wednesday, January 20, 2021 - 7:00 p.m. City Council Meeting - Tuesday, December 22, 2020 - 7:00 p.m. City Council Meeting - Thursday, January 14, 2021 - 7:00 p.m. City Council Meeting - Thursday, January 28, 2021 - 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 66* 0000 0000 00000 ITEM: 1.A. 00* Apple PLANNING COMMISSION MEETING DATE: December 16, 2020 Valley SECTION: Call to Order Description: Planning Commissioners will be attending either in -person or virtually. A roll -call will be taken. Staff Contact: Department / Division: Tammy Bernatz, Planning Department Assistant Community Development Department ACTION REQUESTED: SUMMARY: During the COVID-19 Pandemic, the Council Chambers in the Apple Valley Municipal Building has been set-up to allow for the Planning Commissioners to attend meetings either in -person (observing social distancing in accordance with Emergency Executive Order 20-81) or virtually (via GoToMeeting). A roll -call will be taken. BACKGROUND: N/A BUDGET IMPACT: N/A 66* 0000 0000 00000 ITEM: 00* Apple PLANNING COMMISSION MEETING DATE Valley SECTION: 3.A. December 16, 2020 Consent Agenda Description: Approve Minutes from Wednesday, December 2, 2020. Staff Contact: Department / Division: Tammy Bernatz, Planning Department Assistant Community Development Department ACTION REQUESTED: Approve minutes from December 2, 2020. SUMMARY: The minutes of December 2, 2020, 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 66* 0000 0000 00000 ITEM: 00* Apple PLANNING COMMISSION MEETING DATE Valley SECTION: December 16, 2020 Consent Agenda Description: Set the 2021 Planning Commission Regular Meeting Schedule Staff Contact: Department / Division: Tammy Bernatz, Planning Department Assistant Community Development Department ACTION REQUESTED: Set the 2021 Planning Commission regular meeting schedule, in accordance with adopted policy, on the first and third Wednesdays of each month. SUMMARY: In accordance with current policy, following is the tentative schedule of regular meetings for the year of 2021. The calendar includes application deadlines. BACKGROUND: Agenda packet preparation will take place on Fridays preceding regular Planning Commission meetings. Regular meetings will be held on the first and third Wednesday of each month. BUDGET IMPACT: N/A ATTACHMENTS: Calendar APPLE VALLEY PLANNING COMMISSION 2021 MEETING CALENDAR AND APPLICATION DEADLINES Meetings are held on the first and third Wednesdays of each month at 7:00 p.m. at the Apple Valley Municipal Center, 7100-147th Street West APPLICATION DEADLINE APPLICATION DEADLINE MEETING DATE for Public Hearings: Rezonings, for Site Plan Reviews, Subdivisions, Preliminary Plats, Variances, Sketch Plans, etc. Conditional Use Permits, Comp Plan Amendments, Interim Use Permits Wednesday, 9:00 a.m. Wednesday, 9:00 a.m. Wednesday, 7:00 p.m. December 9, 2020 December 23, 2020 January 6, 2021 December 23, 2020 January 6, 2021 January 20, 2021 January 6, 2021 January 20, 2021 February 3, 2021 January 20, 2021 February 3, 2021 February 17, 2021 February 3, 2021 February 17, 2021 March 3, 2021 Annual Mtg. February 17, 2021 March 3, 2021 March 17, 2021 March 10, 2021 March 24, 2021 April 7, 2021 March 17, 2021 April 7, 2021 April 21, 2021 April 7, 2021 April 21, 2021 May 5, 2021 April 21, 2021 May 5, 2021 May 19, 2021 May 5, 2021 May 19, 2021 June 2, 2021 May 19, 2021 June 2, 2021 June 16, 2021 June 23, 2021 July 7, 2021 July 21, 2021 July 7, 2021 July 21, 2021 August 4, 2021 July 21, 2019 August 4, 2021 August 18, 2021 August 4, 2021 August 18, 2021 September 1, 2021 August 18, 2021 September 1, 2021 September 15, 2021 September 8, 2021 September 22, 2021 October 6, 2021 September 22, 2021 October 6, 2021 October 20, 2021 October 6, 2021 October 20, 2021 November 3, 2021�`�` November 3, 2021 November 17, 2021 December 1, 2021 November 17, 2021 December 1, 2021 December 15, 2021 * Odd date due to Holiday occurrence. ** Only one meeting this month. s:\planning\private\plancomm\calendars\2021 fmal.doc 000 *see 0000 ITEM: 4.A. ... Apple PLANNING COMMISSION MEETING DATE: December 16, 2020 Valley SECTION: Public Hearings Description: The Cove - PC20-20-ZSCB Staff Contact: Department / Division: Kathy Bodmer, Al CP, Planner Community Development Department Applicant: Project Number: J MH Land Development, Custom One Homes, and Randy and PC20-20-ZSCB Carolyn Buller Applicant Date: 11 /6/2020 60 Days: 1 /5/2021 120 Days: 3/6/2021 ACTION REQUESTED: Open the public hearing, receive comments, close the public hearing. It is the policy of the Planning Commission to not take action on an item on the same night as its public hearing. SUMMARY: The petitioners submitted an application to develop the three Buller properties totaling 8.12 acres on the northeast side of Farquar Lake, for 17 detached villa townhomes. The existing parcels include two vacant properties and one large -lot single family property addressed as 13009 Diamond Path. The request requires a rezoning, subdivision by preliminary plat, conditional use permit and site plan review/building permit authorization. The 17 detached villa townhomes are clustered together and placed closer to Diamond Path to create a common open space between the townhomes and the lake. The townhome association would have a single beach access, shared dock, and outdoor recreation/play area, which would be available to the townhome owners to share. The specific boundaries of the community gathering area needs to be defined. The DNR finds that 73.9% of the shoreline will remain in an undisturbed, natural state, according to the shore impact zone analysis. The proposed development is served by a 28' wide private street with one drive access out to Diamond Path. The width of the private street will allow for parking on one side of the street. The development site is located within the shoreland overlay zoning district for Farquar Lake which is designated by the DNR as a "Recreational Development" lake. It is also currently listed as an "Impaired Water" according to the Minnesota Pollution Control Agency (MPCA) due to excess nutrients. BACKGROUND: Previous review by City: In 2017, the property owner submitted a plan to subdivide the property to create seven single family lots. The plans contained outstanding issues and never moved forward, but appeared to meet the requirements of the existing zoning district. Seven (7) detached single family lots abutting the lake would have been entitled to fully developed yards, individual beaches and docks in accordance with DNR and City ordinances. Zoning: The property is currently zoned "R-1" (Single family residential, 40,000 sq. ft. min. lot) and is located within the "SH" (Shoreland Overlay) zoning district. The petitioners request a rezoning of the property from R-1 to VD" (Planned Development). The plan shows the property would be developed in a townhome layout where the detached villa townhomes are grouped together along the private street, and then an outlot, owned in common by the homeowners, would be created between the townhomes and the lake; the common ownership lot would serve as a landscaped buffer and provide storm water management infiltration between the townhomes and the lake. Since the petitioners are requesting a "PD" (Planned Development) zoning designation, the City will require that the development meet the most up-to-date standards of the DNR's "SH" (Shoreland Overlay) zoning district standards. Second, a rezoning to PD requires that the petitioners obtain a conditional use permit (CUP) as stipulated in the updated SH regulations. Conditions of approval of the CUP may include dedications of conservation easements, submission of homeowner association incorporation documents to ensure compliance with the SH standards, limiting the number of motor boats, and other reasonable conditions to offset potential impacts for the PD development. Subdivision by Preliminary Plat: The three existing parcels would be subdivided to create 17 detached townhome lots and three common -ownership outlots. Ten feet (10') additional right-of-way is dedicated for Diamond Path. Dakota County has reviewed the preliminary plat in accordance with the Dakota County's Contiguous Plat Ordinance. The County review letter indicates that the proposed access point may be converted to a right -in, right -out access in the future if a center median is constructed in this area. The future design of Diamond Path will be determined by a study with options including a two-lane with center median or three lane design in this area. The access point shown is preferred because it is a natural high point for the site adjacent to Diamond Path. Site Plan: The site plan shows how the lots will be configured on the site. Small lot single family townhome parcels allow the petitioners to cluster the home sites together to create larger common ownership parcels. Separating the home sites from the lakeshore limits the lake access to one shared access point. The petitioner states that they plan to plant the open hillside area with natural vegetation which will help provide additional filtering between the townhomes and the lake, the storm water infiltration basins and the delineated wetland. The plans show that Outlot A, the outlot between the townhomes and the lake, would be under a "Conservation Easement." Staff is concerned that there are no defined edges between the natural area and the community gathering, beach and dock area. Staff anticipates that the dock area is likely to have typical sod and a maintained park -like lawn area. Staff would like to have a clear definition of the limits of the beach so that it stays compact and doesn't grow over time. The proposed private street accesses Diamond Path and is 28' wide which will allow parking on one side of the street. The private street terminates in a cul-de-sac and hammerhead turn- around. The Fire Department is concerned that the hammerhead does not currently meet the City's standards. The detached townhomes will help to buffer the view of Diamond Path from Farquar Lake. Natural Resources: The site is located within the "SH" (Shoreland Overlay) zoning district of Farquar Lake. In addition, a wetland has been delineated on the site. Any work around the wetland will be required to conform to the State's Wetland Conservation Act rules. The site is also heavily wooded with varied terrain. Farquar Lake is currently listed as an "Impaired Water" according to the Minnesota Pollution Control Agency (MPCA) due to excess nutrients. Stormwater treatment and management will be an important issue related to this project. Buffers are required adjacent to wetlands and the lake shore. The petitioner plans to provide buffering through Outlot A. The Minnesota Department of Natural Resources (DNR) reviewed the development plans and provided a letter in response. The DNR notes that a planned development is able to provide additional buffering and restrict lake access in a way that a single-family subdivision could not. Grading and Tree Removal Plans: The majority of the site will be graded to make the site suitable for development. The grading plan shows that an infiltration basin will be created between the townhomes and the lake to provide pretreatment of storm water before it enters the lake. A total of the total 7,064 caliper inches of significant trees are located on the site. The development will remove 5,292 caliper inches. A total of 10% of the removed caliper inches, or 212 two and one-half inch caliper trees, must replace the removed caliper inches. Attachments: Multiple pages of correspondence have been received from neighboring residents. The emails and letters are attached and will become part of the public record. 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One of the three parcels addressed as 13009 Diamond Path Legal Description: Parcel 1: All that part of Government Lot 1, Section 24, Township 115, Range 20, described as follows, to -wit: Beginning at a point on the north line of said Section 24, distant 917.90 feet easterly, measured along said line from the north quarter corner of said Section 24; thence easterly along said north line of said Section 24 to a point which is 1382.05 feet west of the northeast corner thereof; thence South 37 degrees 34 minutes 46 seconds east (said North line of said Section 24 thruout these courses herein described, having an assumed bearing of south 90 degrees east) a distance of 133.7 feet; thence south 7 degrees 23 minutes east a distance of 307.64 feet; thence south 82 degrees 22 minutes west to the easterly shore of Farquar Lake; thence northwesterly along the shore of said Lake to the point of intersection with a line drawn from the point of beginning south 24 degrees west to the shore of said Lake; thence north in a straight line to the point of beginning. Torrens Property Torrens Certificate No. 162022. Parcel 2: All that part of Government Lot 1, Section 24, Township 115, Range 20, described as follows, to -wit: Beginning at a point on the north line of said Section 24, 1382.05 feet west of the northeast corner of said Section 24; thence south 37 degrees, 34 minutes, 46 seconds east (said North line of said Section 24 thruout these courses herein described, having an assumed bearing of South 90 degrees east) 133.7 feet; thence south 7 degrees 23 minutes east a distance of 307.64 feet to the place of beginning of the land being herein described: From said place of beginning proceed south 7 degrees 23 minutes east a distance of 92.36 feet, thence south 41 degrees 15 minutes east a distance of 230.0 feet; thence south 46 degrees 08 minutes east a distance of 140.0 feet; thence south 22 degrees 24 minutes east a distance of 237.7 feet; thence north 76 degrees 52 minutes west to the shore of Farquar lake; thence northwesterly along the shore of said Lake to the point of intersection with a line drawn from the place of beginning of the land being herein described south 82 degrees and 22 minutes west to the shore of said Lake; thence north 82 degrees and 22 minutes east to the said place of beginning according to the Government Survey thereof. Torrens Property Torrens Certificate No. 162023. Parcel 3: That parcel of land located in Government Lot 1, Section 24, Township 115, Range 20, Dakota County, Minnesota lying West of the West right of way line of S.A.R. No. 33 and East of the following described line: Beginning at a point on the north line of said Government Lot 1, Section 24, said point is 1,382.05 feet west of the Northeast corner of Section 24; thence South 37 degrees 34 minutes 46 seconds East (said North line of Government Lot 1 having an assumed bearing of South 90 degrees East) a distance of 133.7 feet; thence South 07 degrees 23 minutes East a distance of 400.00 feet; thence South 41 degrees 15 minutes East a distance of 230.00 feet; thence South 46 degrees 08 minutes East a distance of 140.00 feet; thence South 22 degrees 24 minutes East a distance of 237.70 feet and there terminating. Abstract Source: Preliminary Plat, dated 12/2/2020 Comprehensive Plan Designation LD - Low Density Residential, 3-6 units/acre Zoning Classification R-1 — Single family residential, 40,000 sf min. lot; "SH" Shoreland Overlay) Existing Platting Lots are un latted parcels. Current Land Two vacant parcels and one large lot single family residential parcel Use Size: Gross Site Area 8.12 acres (353,721 sq. ft.) Diamond Path Right -of -Way 0.26 acres Wetlands and Bluff Area unbuilable 0.92 acres Maximum wetland/bluff unbuild at 10% 0.81 acres Total lot area after ROW ded & natural features = 7.05 acres Topography: Two large knolls and significant grade changes throughout the site. A 65 foot elevation change occurs from the knoll on the north side of the site down to Farquar Lake. A knoll adjacent to Diamond Path has 43 feet in elevation change from highest point down to Farquar Lake. The northern portion of the site, 0.88 acres will remain undisturbed bluff area. Existing Site is heavily wooded. Tree removal will require tree mitigation as required in Vegetation Chapter 152, Natural Resources Management chapter of the City Code. Other The three parcels abut Farquar Lake and the development is located within the Significant "SIT' (Shoreland Overlay) zoning district. In addition, a wetland has been Natural Features identified and delineated along the southwest area of the development abutting the shoreline. Adjacent NORTH Single family home Properties/Land Comprehensive LD-Low Density Residential (3-6 units/acre) Uses Plan Zonin /Land Use R-1 Single Family 40,000 s.f. SOUTH Single family home Comprehensive LD-Low Density Residential (3-6 units/acre) Plan Zonin /Land Use R-1 Single Family 40,000 s.f. EAST Evermoor Townhomes Common Area Comprehensive LD-Low Density Residential (3-6 units/acre) Plan Zoning/Land Use PD-681 WEST Farquar Lake Comprehensive WAT — Water/Pond Plan Zoning/Land Use Water/Pond Development Project Review Comprehensive Plan: The Comprehensive Plan guides the site for "LD" (Low Density Residential, 3-6 units/acre) development. Seventeen (17) detached villa townhomes would result in a development density of 2.4 units/acre which is less than 3 units per acre currently specified in the comprehensive plan. The 2040 Comprehensive Plan states that in some cases of infill development when there are severe slopes, mature trees, lakes, wetlands, or existing adjunct residential neighborhoods, densities of less than three units per acre may be required. The proposed subdivision is consistent with the Comprehensive Plan designation. Zoning: The property is zoned "R-l" (Single family residential, 40,000 sq. ft. min. lot). In addition, the property is located within the "SH" (Shoreland Overlay) zoning district. The petitioners request a rezoning of the property from R-1 to " I'M (Planned Development). The plan would be to develop the property in a townhome layout where the detached villa townhomes are grouped together along the private street, and then an outlot, owned in common by the homeowners, would be between the townhomes and the lake and provide buffering and infiltration between the townhomes and the lake. Preliminary Plat: The three existing parcels are unplatted lots. The petitioners plan to subdivide the property with 17 detached townhome lots and three common -ownership outlots. Additional right-of-way is dedicated for Diamond Path. Dakota County has reviewed the preliminary plat because the site abuts a County road and is therefore subject to Dakota County's Contiguous Plat Ordinance. The County review letter indicates that the proposed access point could be converted to a right -in, right -out access in the future if a center median is constructed in this area. § 153.60 Environmental Protection states, "In the subdividing of land, due regard shall be shown for the protection of all natural terrain features of the site." The petitioners revised earlier plans so that the northern portion of the site, a bluff area, will remain undisturbed. Site Plan: The site plan shows how the lots will be configured on the site. Small lot single family townhome parcels allow the petitioners to cluster the home sites together to create larger common ownership parcels. Separating the home sites from the lakeshore limits the lake access to one shared access point. The petitioner states that they plan to plant the open area with natural vegetation which will help provide filtering between the townhomes and the lake. The proposed private street accesses Diamond Path and is 28' wide which will allow parking on one side of the street. The private street terminates in a cul-de-sac and hammerhead turn -around. The Fire Department is concerned that the hammerhead does not currently meet the City's standards. Natural Resources: The site is located within the "SH" (Shoreland Overlay) zoning district of Farquar Lake. In addition, a wetland has been identified and delineated on the site. Any work around the wetland will be required to conform to the State's Wetland Conservation Act rules. The site is also heavily wooded with varied terrain. 3 Farquar Lake is currently listed as an "Impaired Water" according to the Minnesota Pollution Control Agency (MPCA) due to excess nutrients. Stormwater treatment and management will be an important issue related to this project. Buffers are required adjacent to wetlands and the lake shore. The petitioner plans to provide buffering through Outlot A. The Minnesota Department of Natural Resources (DNR) reviewed the development plans and provided a letter in response. The DNR notes that a planned development is able to provide additional buffering and restrict lake access in a way that a single-family subdivision could not. Grading Plan: The grading plan was reviewed by the City Engineer and his comments are attached. The majority of the site will be graded to make the site suitable for development. The petitioners show that an infiltration basin will be created between the townhomes and the lake to provide pretreatment of storm water before it enters the lake. Tree Removal and Mitigation Plans: A tree removal plan and mitigation plan were submitted showing that a total of the total 7,064 caliper inches of significant trees on the site, the development will remove 5,292 caliper inches. A total of 10% of the removed caliper inches or 212 two and one-half inch caliper trees must replace the removed caliper inches. Elevation Drawings: Elevation drawings are provided showing the preliminary exterior design proposed for the homes. More information is needed to confirm the exterior building materials. Landscape Plan: The value of the landscape plantings must meet or exceed 2.5% of the value of the construction of the buildings based on Means Construction Data. The replacement trees will be counted toward the landscape requirement. Municipal Utilities: City utilities are available to the site with water available along Diamond Path and sanitary sewer behind the building pads in the rear yards. A separate sanitary sewer line will be extended along the east side of the development along the private street to minimize disruptions along the lake shore. Street Classifications/Accesses/Circulation: • Diamond Path (B-Minor Arterial): Diamond Path (CSAH 33) is a rural section 2-lane County roadway with ditches and shoulders. There is a designated left turn lane southbound to east bound from Diamond Path onto Evermoor Parkway and a southbound bypass lane. One access onto Diamond Path is proposed. • Private shared street: 28' wide. Parking will be allowed on one side of the street. Hydrants should be installed on the side of the street opposite of the on -street parking. Pedestrian Access: The City requires the installation of sidewalk and trail along public streets for all new developments. Because Diamond Path is not an urban section at this time, an escrow for the future construction of a pathway along Diamond Path will be required. When Diamond Path is upgraded, a path will be installed at that time. 4 Public Safety Issues: The Fire Department states that the design of the hammerhead turn -around currently does not meet City standards. Recreation Issues: The site is located less than 250' from Huntington Park on the northeast corner of Diamond Path and Pilot Knob Road. Park dedication is proposed to be satisfied with a cash -in - lieu of land dedication. Suns: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: To be taken. 5 THE COVE AERIAL LOCATION MAP S W �� :.. f.. . T.. m P... R ........G.. R- .. :. .- .......:..� .,. FAR UAR ......... LAKE SITE R 3 .. 133R'D .. ...... R. .. ........ 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City of Apple Valley TO: Kathy Bodmer, Planner FROM: George Dorn, Building Official DATE: December 10, 2020 SUBJECT: 13101 Diamond Path, The Cove at Lake Farquar MEMO Building Inspections • One SAC charge will be required for each new house prior to permit issuance from the City. • Fire resistance of exterior walls will be based on fire separation distances will be reviewed once the plans are submitted for permitting. • Separate building, plumbing, mechanical, and electrical permits are required for each new house. • Provide geotechnical reports, including boring logs, prior to permit issuance, and also provide soil corrections on site. • Construction shall comply with all requirements of the Minnesota Building Code. • Construction shall comply with all requirements of the Apple Valley City Code. • Prior to turning on the water to the property, a final plumbing inspection must be approved. The meter must be sealed and the water reader installed. If you have any questions in regards to the water utilities, please contact the Public Works Department at 952-953-2400. • No site work may begin without City approval and/or permit. • Contact the City of Apple Valley Planning Department for sign permit information at 952- 953-2571. You are encouraged to apply for the sign permit immediately along with the building permit. This will ensure a complete accurate plan review and timely permit issuance. • The City of Apple Valley requires a Natural Resources Management Permit (NRMP). The permit may be obtained through the Building Inspection Department. Once the NRMP has been issued, please contact Keenan Hayes at 952-953-2464 for a site inspection prior to commencing any grading or earth work. • Platting of the property lines must be completed prior to permit issuance. Apple Valley Fire Department TO: Kathy Bodmer- Planner FROM: Brian Kilmartin, Fire Marshal DATE: December 9, 2020 SUBJECT: The Cove Kathy here are a few things needing to be addressed - Will all homes be addressed separately? MEMO City of Apple Valley - Does the Truck turnaround doesn't meet city standard- see engineering template? - I'm hearing that the county may have said that this will be a right in right out for this project? Will that include a median? If so I will need to know the length, in order to comment on whether or not it's acceptable to Fire? - If the plan for the common recreation area by the lake is to have a fire pit type thing they will need to follow the Recreational Fire Ordinance in Apple Valley. Brian Kilmartin Fire Marshal CITY OF Apple Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: December 11, 2020 SUBJECT: Cove at Lake Farquar Preliminary Plan Review Kathy, The following are comments regarding the Cove at Lake Farquar Preliminary Plat & Plans submitted December 02, 2020. Please include these items as conditions to approval. General 1. All work and infrastructure within public easements or right of way shall be to City standards. 2. Drainage and utility easement shall be dedicated on final plat over all public infrastructure. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. 4. Infiltration Maintenance Agreement will be required for the privately owned storm water treatment areas. 5. The developer shall identify whether site utilities will be installed under private or public contract. 6. Provide a signage plan, parking will be allowed on one side of the street only. 7. Private access driveway or street shall meet minimum setback from ROW of 20'. 8. A 10' bike trail will be required along Diamond Path in the future and as part of development agreement an escrow be provided for future construction. 9. The impervious surface percentage cannot exceed 25%, currently the impervious surface percentage is 24.3%. The applicant shall recognize that adding additional impervious on individual lots, such as pools, patios, driveway expansions, etc. may not be possible for future landowners. 10. The applicant shall consider whether secondary lake access, for canoes/kayaks, etc. can be provided for the southern lots. 11. Existing septic system at 15654 Diamond Path shall be properly disconnected/decommissioned in conjunction with the home demolition permit. 12. All of Outlot B shall contain drainage and utility easement for access to public utilities. Permits 13. A public infrastructure project is anticipated for the proposed sanitary sewer and water services. Plans and specifications shall be completed by the City of Apple Valley. A private installation agreement may be necessary for construction of public infrastructure by developer or the developer can have the City of Apple Valley publicly bid the improvements and provide assessments back to the property. 14. 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 construction. 15. A right of way permit will be required for all work within public easements or right of way. 16. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. This must include a buffer restoration plan. 17. If dewatering more than 10,000 gallons per day, a DNR temporary dewatering permit will be required. Existing Conditions Plan 18. The existing well will need to be abandoned in accordance with Dakota County. Site Plan 19. Show truck movement with Auto turn entering site to ensure emergency and service vehicles can maneuver thru the street. The turnaround on the south end shall meet the 2020 Minnesota State Fire Code, Section 503. Attached is a diagram from Appendix D of the Code. 20. All retaining walls over 48" from bottom of footing to the top of wall shall be designed and certified by a structural engineer and submitted to building inspections for final approval. Provide additional details and/or specifications for retaining wall block type. 21. Retaining Walls shall be privately owned and maintained. Grading, Drainage and Erosion Control 22. Final Grading Plans shall be reviewed and approved by City Engineer. 23. Final Stormwater Management Plan shall be reviewed and approved by City Engineer. 24. Provide Final Hydro CAD modeling files to the City Engineer. 25. Provide the Storm water Pollution and Prevention Plan (SWPPP) prior to construction. 26. Project is located within 1 mile of an identified impaired water (Farquar Lake). Farquar Lake is impaired for nutrients. a. Per Apple Valley SWMP policy 6.4, enhancement to the pond and infiltration bench to capture dissolved phosphorous are recommended. b. Must comply with NPDES Construction permit section 23.9 and 23.10 27. A storm water infiltration maintenance agreement will be needed for all the proposed rain gardens. 28. An easement will need to be provided for the 10' wide proposed pathway for Public Works to maintain existing easement and public utilities. 29. Rain garden 3 is too shallow and narrow in the rear of lots 4 -9. Storm Sewer 30. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. 31. Provide storm sewer calculations for stormwater requirements. (Rational method including Hydraulic grade lines). 32. If rain garden 1 and CB-12 will collect drainage from offsite they will be required to have a drainage and utility easement and be owned and operated by the City of Apple Valley. 33. Storm sewer cannot be constructed under retaining walls. 34. Any sumps shall be privately maintained and routinely cleaned as the accumulated sediment will be from the private roadways. 35. Show drain tile and cleanouts on utility plan. Sanitary Sewer and Water Main 36. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. 37. All water mains located within right of way and public easements for purposes of connection to public infrastructure shall be ductile iron pipe and meet all City standards. 38. Provide additional drawing showing fire hydrant coverage. Buffer and Wetlands 39. A wetland delineation was approved on 7/9/2020. The applicant must address any proposed wetland impacts, such as the proposed raingarden outlet, through the appropriate WCA application — no loss, de minimus, etc. if necessary. 40. The applicant is proposing a Conservation Easement exceeding the 75 foot setback requirement. The easement area includes 2 raingardens, the delineated wetland, a permeable trail, a common fire pit area, and a common mooring dock. The City requires: a. Buffer width adjacent to the wetland is 40' average with a 30' minimum. A 10' building setback from the buffer is required. The buffer width is based on their wetland rating from the Vermillion River Watershed Joint Powers Organization wetland assessment from 2007 (Manage 1 in this instance.) b. Buffer width adjacent to the lake where there is no additional wetland is 16.5'. c. Vegetated Buffer width of 16.5 foot vegetated buffer zone abutting stormwater management ponds. 41. The applicant shall confirm that these buffer standards are met. a. A protective buffer zone component (PBC) shall be submitted as part of the natural resource management plan, The PBC requirements can be found in City Ordinance 152.16 (4)(b)(5). The plan shall consider the proposed seed mixes (highlighted below) and recommended maintenance efforts associated with them. Ponds & Wet Areas in Central. Southern and Western MN 33-261 35 Ponds & Wet Areas in Northeast MIN 33-361 35 Sand Id Areas- Short Grasses 35-221 36-5 To reduce weed establishment, mow 2 a to 3 times (30 days apart) during 1 General Roadside 35-241 36-5 year with the mower deck about 6"-8' Wet Prairie 34-262 14.5 Native off the1ground. Mow one time during the 2 year before weeds set their Riparian areas in Central, Southern, and Western MN 34-261 31.5 seeds. Burn or mow once every 3 to 5 Riparian areas in Northeast MN 34-61 31.5 years following the initial 2 years of maintenance to remove dead plant material and stimulate new seed. Partly shaded roadsides in Southern and Western MN 36-211 34.5 Partly shaded roadsides in Northeast MN 36-311 33.5 Partly shaded roadsides in Northwest MN 36411 35.5 Partly shaded roadsides in Central MN 36-711 35.5 42. The City requires that protective buffer zones be established consistent with the procedures and criteria established in City ordinance chapter 152.57. The protective buffer zone shall be memorialized in perpetuity by a written document approved by the City and a certified survey of the property which shall be recorded by Dakota County. The document shall establish the location of any buffer zones, restrictions, allowances, and management requirements. a. The delineated wetland is classified as "Manage F. The south raingarden discharges into the delineated wetland. The City requires that hydrologic impacts to wetlands resulting from development and redevelopment activities do not exceed the following: Wetland Classification Allowable bounce Allowable inundation period (1-year event) Allowable inundation period (2-year event) Allowable iinundation period (10-year event) Protect Existing Existing Existing Existing 1 Existing + 0_S ft Existing + 1 day Exist in + 1 day Existing + 7 days —Manage Manage 2 Existing + 1.0 ft Existing + 2 days Existing + 2 days Existing + 14 days P;fana e 3 Existing + 4.0 ft Existin + 7 day Existing + 7 day Existing + 21 days b. Where protective buffer zones are established, the City requires the upland boundary line to be identified by permanent markers, approved by the City at each lot line, and one at every 50-foot interval. Sign information can be provided by the City. c. If an HOA is established, ongoing resources shall be provided regarding these maintenance efforts. This will include maintenance of the stormwater features including any stormwater pipes/sumps necessary for the stormwater feature to function AND the long-term vegetation maintenance of the buffers and raingardens. The management plan shall considers the maintenance recommendation of the proposed seed mixes. (See Seed Mix information at end of this memo and maintenance recommendations listed above) Landscape and Natural Resources 43. The Preliminary Landscape Plan (11/04/2020) indicates types of trees with batched symbols and species. For example, "111 Buffer over story trees" made up of 9 different varieties. Provide tree labels and schedule with quantities of each variety. 44. The proposed planting plan indicates replanting trees near the right-of-way for Diamond Path. No trees are permitted in County ROW. Overhead power lines along Diamond Path may interfere with the proposed tree plantings. Ensure any tree planted will have adequate space when mature and will not create a utility line conflict. 45. Show all tree impacts for underground utilities. Adequate setbacks from utility service lines are required for any tree plantings. Minnesota DNR Rules & Regulations 46. The applicant shall consult the MN DNR about any permitting requirements for the following items: a. Docks: The applicant shall work with the DNR on boat slip excavation or permitting, as needed. b. Sand blankets: Existing beach to remain compliant with current state regulations and City ordinance (see 152.57 (E)(7). c. Ice Ridge: There appears to be a small ice ridge in some locations along the shoreline. State regulations only allow regrading of ice ridges in certain limited cases. A DNR permit may be required and DNR regulations may prohibit this activity. APPENDIX D FIRE APPARATUS ACCESS ROADS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or legislation of the jurisdiction. User note: About this appendix: Appendix D contains more detailed elements for use with the basic access requirements found in Section 503, which gives some minimum criteria, such as a maximum length of 150 feet and a minimum width of 20 feet, but in many cases does not state spe- cific criteria. This appendix, like Appendices B and C, is a tool for jurisdictions looking for guidance in establishing access requirements and includes criteria for multiple -family residential developments, large one- and two-family subdivisions, specific examples for various types of turnarounds for fire department apparatus and parking regulatory signage. SECTION D101 GENERAL D101.1 Scope. Fire apparatus access roads shall be in accor- dance with this appendix and all other applicable require- ments of the International Fire Code. SECTION D102 REQUIRED ACCESS D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driv- Q96'— 28' R TYP.' 26' 96' DIAMETER CUL-DE-SAC For SI: I foot = 304.8 mm. ing surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34 050 kg). SECTION D103 MINIMUM SPECIFICATIONS D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the mini- mum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1). D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire code official. , 0 �— 26'R TYP.' 20' 60-FOOT "Y" 60' — ►� - 60' _1 r6-2 � 28' R TYP.' 120' HAMMERHEAD 20'--1 26' 20'—A 20' MINIMUM CLEARANCE AROUND A FIRE HYDRANT 28' R TYR' 70' — 20' -- 20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND 0 o SIRE WCL CL ACOE55 a ROROS 2020 MINNESOTA STATE FIRE CODE 555 r Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 Fax 952.891-7127 • www.co.dakota.mn.us December 2, 2020 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: THE COVE The Dakota County Plat Commission met on November 25, 2020, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 33 (Diamond Path) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The revised plan includes 17 detached townhomes with one access to CSAH 33 (Diamond Path). The right-of-way needs for CSAH 33 are either a 3-lane/4-lane undivided or 2-lane divided roadway and are 60 feet of half right of way. The plat is dedicating an additional 10-feet to meet the needs. The additional dedication for CSAH 33 should be determined by offsetting 120 feet from the recorded plat of EVERMOOR APPLE VALLEY. The access spacing guidelines are % mile (1,320 feet) for a full access. As discussed, there are challenges in determining the best location for access to this property. The plan includes one private access location approximately 470 feet north of Evermoor Parkway. As discussed, the proposed access location could become a right -turns only access with reconstruction of a 2-lane divided roadway design along CSAH 33 in the future. As noted, there are no plans or design for CSAH 33 at this time. It may be beneficial to move the proposed driveway access to Evermoor Parkway; however, it is challenging due to the existing wide intersection of Evermoor Parkway. If not, a future plan to allow relocation of the proposed access to a full access intersection at Evermoor Parkway if a two-lane divided roadway is designed along CSAH 33 would be beneficial. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 33 are 8,100 ADT and are anticipated to be 10,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, t Todd B. Tollefson Secretary, Plat Commission c: Mark Sonstegard, JMH Land Development Ryan Bluhm, Westwood r Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 Fax 952.891-7127 • www.co.dakota.mn.us December 2, 2020 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: THE COVE The Dakota County Plat Commission met on November 25, 2020, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 33 (Diamond Path) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The revised plan includes 17 detached townhomes with one access to CSAH 33 (Diamond Path). The right-of-way needs for CSAH 33 are either a 3-lane/4-lane undivided or 2-lane divided roadway and are 60 feet of half right of way. The plat is dedicating an additional 10-feet to meet the needs. The additional dedication for CSAH 33 should be determined by offsetting 120 feet from the recorded plat of EVERMOOR APPLE VALLEY. The access spacing guidelines are % mile (1,320 feet) for a full access. As discussed, there are challenges in determining the best location for access to this property. The plan includes one private access location approximately 470 feet north of Evermoor Parkway. As discussed, the proposed access location could become a right -turns only access with reconstruction of a 2-lane divided roadway design along CSAH 33 in the future. As noted, there are no plans or design for CSAH 33 at this time. It may be beneficial to move the proposed driveway access to Evermoor Parkway; however, it is challenging due to the existing wide intersection of Evermoor Parkway. If not, a future plan to allow relocation of the proposed access to a full access intersection at Evermoor Parkway if a two-lane divided roadway is designed along CSAH 33 would be beneficial. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 33 are 8,100 ADT and are anticipated to be 10,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, t Todd B. Tollefson Secretary, Plat Commission c: Mark Sonstegard, JMH Land Development Ryan Bluhm, Westwood MDEPARTMENT OF NATURAL RESOURCES Ecological and Water Resources 1200 Warner Road St. Paul, MN 55106 December 7, 2020 Kathy Bodmer Planner City of Apple Valley 7100 1471h Street West Apple Valley, MN 55124 RE: DNR Preliminary Planned Unit Development Plan Approval, The Cove, Farquar Lake No. 19-23, City of Apple Valley, Dakota County Dear Ms. Bodmer, The Department has reviewed the updated plans for the proposed "The Cove" Planned Unit Development (PUD), dated December 2, 2020, which were submitted to DNR on December 4, 2020. The proposed PUD is on an 8.12-acre parcel located in the Section 24, T115N, R20W, Dakota County. The parcel is located within the Shoreland District of Farquar Lake, No. 19-23, a Recreational Development Lake. It is proposed to develop 17 residential units on this parcel all encompassed within the first and only shoreland tier. The proposed 17 residential units is lower than the maximum density allowable, which was calculated to be 20 units. This development will maintain roughly 73.9% of the shore impact zone as undisturbed natural space, which exceeds the required 70% natural space. Total impervious surface will be limited to 24.3% and mooring spaces will be limited to 17 spaces or fewer. The large protected riparian area containing existing or restored vegetation provides better shoreland protection than conventional lot and block subdivisions containing riparian lots. Riparian lots, each with their own access and water recreation areas, have significantly greater impacts to shoreland and aquatic resources than those subdivisions with large protected riparian areas and no riparian lots. Overall, the proposed PUD is consistent with the minimum requirements for shoreland Residential PUDs in Minnesota Rules, Chapter 6120.3800. These are minimum standards and local governments are encouraged to hold projects to higher standards to ensure better shoreland protections. Sincerely, Taylor Huinker Area Hydrologist CC: Dan Petrik, DNR Land Use Specialist Resident Correspondence to December 2, 2020: From: Joe Elliott < Sent: Monday, November 9, 2020 2:24 PM To: Kathy Bodmer < > Subject: Farquar Lake Development Hello Ms. Bodmer, My name is Joe Elliott and we live at __7 Diamond Path in Apple Valley. We have shoreline property on the North side of Farquar Lake. Recently we were informed about a development of 17 Villas on the open property on the east side of the lake. This came as extremely distressing news. A development like this will certainly alter the atmosphere of this lake front community in a NEGATIVE way. My wife and I purchased our home in 2011 with the specific purpose of retiring here in a peaceful setting. We searched for property for a long time and were thrilled when we found this little piece of heaven. We've been impressed by the sense of community among the Farquar Lake families. While it is not a super close-knit group, communication and opinions are always in the right spirit... to preserve what we love most about living here. There is no other place on the lake where structures are crammed so tightly together as shown in the renderings. These new buildings would look so out of place. It makes no sense to squeeze so many structures into that space — other than to maximize financial rewards. But at the existing property owners' expense? This will definitely impact property values in a negative way. The use of the actual lake now is at an appropriate level. There are not many motorized boats, so wake is not a big issue. Canoes, kayaks and small boats are used on the lake by homeowners and the public (via Farquar park). Adding 17 more families would certainly alter more than just the land on which the villas are built. We have a healthy natural environment for wildlife on Farquar Lake. That particular section of land is teeming with life. There are eagles who nest there and the deer and other animal populations use that area as a safe zone. Please don't allow for that to destroyed. The renderings show a wholesale destruction of that environment. That's can't be allowed. Note that most of the other properties on the lake retain enough natural foliage for native animals to thrive. Since learning about this news, I've traveled the shoreline to gauge the impact. There's no spot on the lake where this eyesore wouldn't be visible and stick out like a sore thumb. To Summarize: This development will alter the atmosphere of the Lake Farquar community in a negative way. 0 1 can't see how cramming 17 villa structures isn't going to look like a mini mall crammed in this peaceful setting. 0 1 can't see how having 17 more families on the lake isn't going to make this into a mini - Minnetonka. Resident Correspondence: 1 of 19 • This development will destroy the habit of so many important animals. o In a suburban area like this, the deer, fox, coyotes, eagles and other birds are the big losers • This development will lower property values. o Property is an investment. An intrusion like this is sure to push values of the existing Lake Farquar homes down. o These Villas will look so out of place. There look will be incongruous with the look of the existing Lake Farquar homes. I hope there are more steps along the way and this development can be stopped or severely scaled back. I understand the right to build on property, but not in a way that negatively affects the immediate community. This project will definitely have many serious negative effects. Thank you for reading. Joe Elliott Diamond path Apple Valley MN 55124 Parcel # From: Christianson, Kate <Kate.Christianson@1 Sent: Monday, November 9, 2020 2:25 PM To: Kathy Bodmer < Subject: Buller Family Development on Farquar Good Afternoon Kathy, I understand you are the main contact for the Apple Valley Planning Commission. As you know the Buller Family is planning to develop 8 acres on the north side of Farquar Lake along Diamond Path Road. The representative for the family invited the neighborhood to take a look at their proposed development which would add 17 more homes on the lake. My concerns are twofold. First, townhomes don't fit the essence of the already existing homes on the lake. Most homes on the lake have a minimum of 3/ of an acre. The majority have close or over an acre and a handful have 3 acres or more. Putting 17 homes on 8 acres will change the lake from looking like you're up north to looking like you're living in downtown Apple Valley. This year with Covid more non-resident lake owners used the lake. It was nice to see that numerous canoers, kayakers and small fishing boats 'discovered' there was a lake they could use. It was also nice to see that the money spent by the city (adding fish, keeping the bullhead population down, putting in an aerator and getting ride of the curly pond leaf) profited more than just the lake residents. Resident Correspondence: 2 of 19 With adding 17 new homes there is a possibility that 17 boats will also be added. Currently, there are 4 boat owners and 2 pontoons owners. Currently, in the event multiple boats are on the lake on the same day, we all know to select an area and stay in that area so no one gets hurt especially the folks in kayaks and canoes who are on the lakes with their young family. We also know when the lake is high, not to create wakes that would cause land erosion on our property or our neighbor's property. At the meeting I were told that the vast majority of the trees will be removed. There is a rather large deer population that has been seen on the property. My husband and I counted one night and there were at least 15 in the group and possibly more. Wild turkeys can be found in there as well. As you may or may not know, there is a nesting pair of eagles on the opposite side of the lake on the land owned by the Rabe's. It took the pair of eagles 5 years to build their nest and this spring they got their first eaglet. With the construction we are afraid that the eagles would leave to find a quieter place to raise their young. In spring the lake is a stopping point for swans and pelicans as well as other waterfowl. With construction on that side of the lake, will these birds return? I personally am not in favor of the plan. Kate Christianson _ Pilot Knob Rd From: Sara Nick > Sent: Monday, November 9, 2020 3:10 PM To: Kathy Bodmer < Subject: re: Farquar Lake Dear Planning Commission, I'm writing to express concern about plans to build 17 condos on a small plot of land on Farquar Lake. First, an abundance of wildlife -- foxes, eagles, deer, coyotes, and more -- have made their home in the area to be developed; the majority of this habitat will be lost under the current development plan. Second, Farquar Lake's water quality has benefited from careful stewardship and key investments by the City of Apple Valley thus far. With your continued commitment to protecting the water, Farquar Lake can further recover and remain a valuable resource for the Apple Valley community. As a resident of this lake, I've certainly had the privilege of enjoying its beauty. But my concerns, and those of my neighbors, go far beyond our own personal enjoyment of the lake. Lake Farquar is a community resource enjoyed by individuals and families throughout Apple Valley. We frequently see members of the public communing with nature on the lake: canoeing with their children, fishing with their buddies, and paddle boarding while taking in a summer sunset. If this pandemic has taught us anything, it's how important these shared outdoor spaces are to the wellbeing of any community. Resident Correspondence: 3 of 19 I hope that this development plan can be amended to greatly reduce the number of condos, and to add assurances about how the development will protect or improve water quality and wildlife habitat. Thank you SO much for your time and consideration. I have every faith that you and your colleagues will make the right decision to protect this important natural resource. Sara From: Christianson, Jeffrey Sent: Tuesday, November 17, 2020 7:29 AM To: Kathy Bodmer < Subject: Buller Family Development on Farquar Lake Hi Kathy, I appreciate your time to review my concerns regarding the Fuller Family Development on Farquar Lake. I have lived at_ Pilot Knob Road since 1994. My main concern is the density of the development and all that it would entail. The water quality at Farquar gets a resounding "F" grade every year from the DNR and this development will not make any improvements to water quality. The plan as proposed is to remove virtually every tree on the 8 acre plot and place homes very close to each other. It will be vastly different from anything on Farquar or any lake in Apple Valley. I have attached aerial views of all the lakes in Apple Valley. As you can see, there is nothing that is remotely similar to the proposed development on any Apple Valley lake or pond. I thank you for your time and consideration, Jeff Christianson Resident Correspondence: 4 of 19 .�lP ,irrrlers insurLrrce Farquar Lake Pond on Johnny Cake Ridge Road 1x3�2nn ay � Resident Correspondence: 7 of 19 „u i+ rD 1ioiZ Alteration of Bu"rnswille ;� ry r Sonshine & Hope Sunset„ Park « .� . r JI CA W yr Y 1) E 1+40lh St IF 1 444h fit s 1 Milestone Paper Co`` - •°� per CIF *� �' ✓-m ; 'h. ,�. � � raw X if. ��a , r Ala Wake Alimagritt urn. AID ri -gnP �' ' .•r<wY Lodge ofBumsvilleA t �/ y I,W Aa M KK 61 er � A L'eke Park' r+ "�. �.aOMN K' d y. r ' 06 iw Stv 3T a it Keller Pa[kj Caric7e Launch" I Kellen on . ,'¢ P'a'rk�. m lrff��' � C. z- f; {�c m • '.nm, I 4 �j M � rk C i Ferry lnsarance Network +• w • n Ol { Hyland Pointe Ct �„u Garden wed ke Pk y q�r" Q" kPA"�'ry _ 5 Cobbleslo iC ake �y`etQ � a "ti,,. ti.ohhfesi6i � r Cobblesr. x tore ,�" �O86 esr�::. S, l�•„,., ... � Pal'L / � use h�k°• at i - Loke l raiV J -•.R..u� c ti Cobblestone Lake th ' �� ..wCoryhlestane•Lake Trnil--•-.. - Eoh6JEsl .-^-�Cnt�P �a. ,oJ m� 4 eim aodw v. - ono - .- e � •� From: Jennifer Riley Dalseth Sent: Monday, November 23, 2020 9:22 AM To: Kathy Bodmer < > Cc: Pascal Dalseth < > Subject: Farquar Lake Proposed Cove Development Kathy and the City of Apple Valley, Annette Larson and I submitted this several years ago when the first development was proposed. In reading it I find that all of the same points are even more important as we look at the proposed Cove development due to the overwhelming number of homes being proposed. We have owned a property on Farquar Lake for 15 years. As residents of the Lake we have concerns about the impact of the development on the lake's water quality, the wildlife, and the character and general overall impact on Farquar Lake, which we believe is a unique urban lake in many ways. We are well aware of the extensive ongoing efforts of the property owners, city, and state to address and attempt to mitigate the already -existing issues with water quality in Farquar Lake. With that in mind, we believe the approval of this development should be closely scrutinized and would like to present the following questions. Question #1 - Will the City of Apple Valley take into account whether the newly proposed lots are consistent with the current average parcel sizes and average lake frontage per lot of the lots presently surrounding Farquar Lake? Farquar Lake is not a "typical" urban lake in our opinion, and it seems to retain a special character with abundant birds and wildlife and a relatively low density of development for a lake within a large suburb. As shown on the attached spreadsheet (with data obtained from the Dakota County GIS online mapping service), the proposed lots in 'The Cove' will be less than 25% of the average size of the current/existing average parcel size. Question #2 - How will the City be assessing the environmental impact of increasing the number of parcels/lots on Farquar Lake by 80% compared to the current number of parcels/lots? Even without the scientific background to understand how this might impact the environment, from a basic mathematical perspective, the impact has to be very significant on a lake this size when you consider not only increased usage from fishing, boating, etc. but from run-off, disturbance or removal of shoreline vegetation, potential destruction or disturbance of aquatic vegetation at lake access points, etc. Question #3 - If the Commission plans to approve the development of the lots as proposed, what safeguards will be taken to protect and preserve the shoreline, shoreline vegetation, aquatic vegetation, animal habitat? Will the clearing of waterfront vegetation be completely prohibited within a significant setback area? If not what are the restrictions? Will docks be prohibited, or if not, should they be restricted to one shared dock due to the comparatively small lot size? If "viewing corridors" are allowed on these lots should they be more restrictive, and how will clearing be monitored and controlled to insure minimal environmental impact? I spoke with the developer and he said all trees would be removed and there would be a mass grading to prepare for 17 lots. I also ran the development proposal by the Director of Soil and Water. He has serious concerns about run off, the mass grading and the loss of all trees due to the steep slope of the acreage. Question #4 - Regarding the character of the lake as perceived by not only property owners on the lake but all that are able to enjoy the lake via access at the park, what considerations will be made regarding any structures that might be visible from the lake? Currently, all structures around the lake are unique in design and materials and are not of the same age, size, shape, materials, like you might see in a typical suburban development, so with the larger lots/parcels and plenty of natural vegetation along the shoreline, the lake retains a more "natural" and "unplanned" appearance than most urban lakes. The Resident Correspondence: 11 of 19 proposed development's drawings shows smaller lots with homes which are extremely close together and identical in size and shape. Will there be any oversight or controls in terms of how the homes look, materials used, size of structure, etc? When reviewing the proposed development how will the Commission consider whether the proposed homes are cohesive with the existing diverse character of the properties around the lake vs "planned development"? From: Jennifer Riley Dalseth Sent: Monday, November 23, 2020 11:13 AM To: Kathy Bodmer < > Cc: Pascal Dalseth < > Subject: Re: Farquar Lake Proposed Cove Development Kathy, I do not have access to my desktop right now to convert it to excel. Here is a copy of what is in the document. Resident Correspondence: 12 of 19 Acrea,le -of Parcels surrourdinq Farquar Lake 'Source: Dakota County CIS mapping and property iniormatian Parce'.I3 Acreage" SI•oreline.-Frantaae' 1.4 23 i 1.09 292 G.96 181 01-02400--02-066 01-024004 2-070 01-U40 5-024380 0142400-02-090 1.5 206 01-15375-01-010 0.7G 331 01-2570 0i-OW C.59 111 01-2570-014MO 0.71 151 01-257013-01-050 1.99 978 01-02475-01-030 C.91 185 01-0247&-01-020 3.9 76 01-02475^01-010 0.75 187 1.15 207 01-257013-01-080 01-25700-01-100 1.34 389 01-1736"1-010 0.97 310 0142400-27-022 2.33 482 01-57254 01-010 1 371 0142400--02-012 1.79 39 01-024004 2-011 1.03 113 01-0130{5-77-041 3_6 201 01-013O0-77-032 2.96 219 01424004324A0 3.36 485 01-02400432-050 3.19 626 01-25700-OD-020 0.26 357 01-25650-02-010 5_8 867 Cannot be Dewebped 1 Ri t of Way 714 Cennot be Dswek3ped Might of 46 Average Current Acreage per Parcel surrounding Farquar Lake ;acres Proposed Dsdelopment: Average Acresgs per Parcel (parcel size is .30 with common areas ii is about .471 ParcelsrLots on proposed deve4opmant are approximately 75% less than Me average size of the current paraeUlot size surrounding Farquar Lake Ave race CLirrem Sl•oreline=rontaae per PsrceF surrounding Farquar Lake ;Feet} 1.6795833 0.47 28% 321.76923 Resident Correspondence: 13 of 19 From: mark wilson Sent: Monday, November 23, 2020 1:14 PM To: Kathy Bodmer < Subject: Lake Farquar development Ms. Bodmer: I am writing to express my strong opposition to the proposed Buller development on Lake Farquar My family has lived on Lake Farquar since 1960. In that time we've seen the surrounding community turn from farmland to suburbs. It hasn't always been easy on the lake, as when the city piped in storm water from an ever increasing area. This severely impacted water quality of the lake, in addition to flooding issues. This eventually landed Farquar on the EPA's list of impaired waters. Since then, the city of Apple Valley has done much to improve the water quality, but much remains to be done. This proposed development would be a huge setback to these efforts. The development would involve clear- cutting virtually all the trees and vegetation on this 8 acre hillside, from Diamond Path road down to the water's edge. A huge amount of sediment would wash into the lake during the construction phase. Modern erosion control methods wouldn't hold back the dirt washing down the hillside in a rainstorm. When construction was finished, 8 acres of woods buffering the lake would be replaced by 17 roofs, driveways, sidewalks and other impervious surfaces crammed into that plot. Much of the effort to clean up Farquar would be dealt a severe blow. In addition to water quality issues there is the problem that the development is way out of scale for this lake and the low density of current housing. Through the decades of Apple Valley growth Farquar has been able to keep its character as a bit of wilderness within the city. It is home to nesting eagles, herons, egrets, mink, ducks, geese, and many other birds and small mammals. Local residents have taken note as canoeers, kayakers, paddle boarders, and fishermen frequent the lake daily from spring to fall. I believe a dense housing development would have a negative impact on the esthetics of the lake community, on the current residents of the lake, and the many users of it's amenities. I think maintaining the character of the lake would mean development of no more than 4 homes on this property. Thank you for your consideration. Mark Wilson = Dominica Way Resident Correspondence: 14 of 19 Rebecca and Matthew Kluck M Diamond Path Apple Valley, MN 55124 November 23, 2020 Kathy Bodmer, Planner Attn: Planning Commission City of Apple Valley 7100 1471h Street W Apple Valley, MN 55124 Sent via email to: kbodmer@ci... RE: Buller Family Development Project Dear Ms. Bodmer: Thank you for the opportunity to provide commentary and input into the planned Buller Family Development Project at 13009 Diamond Path, Apple Valley, MN 55124. As the homeowners immediately north and adjacent to the proposed project location, it is incumbent upon us to convey our most strenuous objection to the development of an unusually high number of single-family residences on the Buller Family's parcel of land located on the waterfront of Farquar Lake. We made an investment as stakeholders not only to our property, but to the wider Farquar Lake community. We searched and searched, and feel fortunate to have found this idyllic location and a place to call our "forever home." Prior to purchasing our property, we conducted thorough research into the quality and health of Farquar Lake's habitat. We were encouraged by the vast undertaking of the city of Apple Valley and the in-depth studies that have been performed. The amount of money and time allocated for the studies must have been extensive. We cannot fathom how a project such as the Buller Family Development could possibly demonstrate that the city of Apple Valley sees the health of the lake as a priority. One such study titled, "Long and Farquar Lakes TMDL Implementation Plan Update" prepared by E.O.R. for the city of Apple Valley on October 17, 2017, establishes Farquar Lake as "impaired" by significant levels of harmful pollution. In response to the designation, the study, "...proposes a suite of in -lake management strategies tailored to each lake, including lake drawdown, sediment alum treatment, curlyleaf pondweed herbicide treatments, winter aeration, and fisheries management. In -lake management should be considered an extensive and long-term approach to rectifying the decades of human disturbances that have occurred within these watersheds, with the ultimate goal of transforming the lakes from their present-day algae dominated state back to a clear water, aquatic plant dominated state." How does the development of infrastructure for high density residential housing that abuts Farquar Lake's shore synergize with the city of Apple Valley's stated goals of improving the water quality? Runoff resulting from new construction and the erosion of existing landscape, including trees, could directly Resident Correspondence: 15 of 19 impact water quality, resulting in increased pollution. The Buller Family Development Project is yet one more "human disturbance" that may erase all of the Droeress that has been made to date. As Farquar Lake residents, we are mesmerized by its pervasive and endemic beauty. However, we are not the only inhabitants to enjoy its bountiful offerings. Eagles, owls, water fowl, deer, and other four - legged creatures rely on Farquar Lake for their food, water and shelter. These resources would be depleted with the destruction of trees and increased watercraft activity leading to unwanted levels of noise pollution. It would be detrimental to the existing environment to allow motorized watercraft. The delicate micro -ecosystem upon which these animals rely would be disrupted, forcing them to migrate to another location and permanently change the landscape of Farquar Lake forever. Further, there is no other property on Farquar Lake — or quite possibly any other lake in Apple Valley — that resembles the Buller Family Development Project. The properties surrounding Farquar Lake are rich with history; land that has been inhabited by the same local families for generations. The proposed Buller Family Development Project does not contribute to that legacy, nor to the current aesthetic and functional use of the lake. The major development would, in fact, erode the peaceful experience many of us rely on as a way of life. The disruption to the longevity of so many current residents — both human and wildlife — should not be treated with such disregard. We do not begrudge the Buller Family the opportunity to make improvements to their land — that is their right within the guidelines of the law. We respectfully request that any improvements be conducted in similarity and scope to the lake's current function and usage as well as those of the existing residences surrounding the lake. Stakeholders have been drawn to Farquar Lake for decades. In our current environment especially, we found a respite from the emotional toll of trying to sustain survival during a catastrophic pandemic. Like others before us, our family sought refuge on Farquar Lake, and depends on its majestic and uncommon nature to anchor and guide us through difficult times. Farquar Lake is special. The city of Apple Valley clearly agrees, as evidenced by the extensive time and money put into implementing water management solutions to restore it. Please, we implore you, do not destroy that which makes it special. Very respectfully, Rebecca and Matthew Kluck (via email) From: Ann Loch Sent: Monday, November 23, 2020 4:11 PM To: Kathy Bodmer < Cc: Subject: Buller Development attn Planning Commission 11/23/2020 Dear Ms. Bodmer: Resident Correspondence: 16 of 19 I am writing as a member of the Farquar Lake Homeowners Association. My husband, John, and I have lived on the pond connected to the lake's south end since 1973. We have worked with the City on many issues over the years, mainly regarding frequent flooding of our pond. I would like to address four concerns we have regarding the proposed Buller development. 1. The City has finally developed a system of storm water drainage that minimized the flooding that occurred for years. Our pond is the low point of the system which collects water from as far away as the zoo. What will happen when seventeen villas are built with corresponding driveways and an access road? We were told by the developers at their open house that the east side of the roofs and entire driveways will drain east over the access road, settle there, then be carried around the villas to the west side rain gardens, then into the lake. The west sides of the roofs will drain directly off and down into the lake. It was estimated that the rain gardens could handle an inch of rain before filling. They must not be aware of the rain frequency and amounts we have around here. That sounds like an awful lot of water going into the lake with minimal filtration. How will that affect lake clarity and water levels going into our pond and the storm sewer pumps located there? 2. Our second concern is the aesthetics when traveling on Diamond Path Road, County 33. As you drive from Pilot Knob to 140th St, you view almost continuous growth of mature coniferous and deciduous trees. It is beautiful, especially during the seasonal changes. Removing all the trees in the forested development area from Diamond Path down to the edge of the lake, leaving only the row of trees along the lake, is barbaric. The developer said they were replacing the trees with 200 other trees. However, when questioned, he said the size would be up to 1.5 inch diameter. The appearance of those trees will look awful on that long stretch of Diamond Path. 3. Another concern is the quality of the architectural design of the villas. Looking at the samples during the open house, they are very unimaginative. The plans show them as close together as code would allow. They are strung all in a row with no curves or creativity. When compared to the townhouses and homes across the street in Evermoor, they pale in comparison. When the Evermoor development was planned across the street, we were dismayed at the loss of the beautiful rolling pasture land. But we must give credit to those developers that they maintained a lot of the beauty of the land. Their landscaping was incredible, they not only built beautiful homes, they planted mature trees to screen them from Diamond Path. I would suggest the developers take some ideas from that development, not just go for the most houses as possible. 4. We are concerned about the loss of a wildlife corridor that exists within the Buller property. Deer and other animals frequent that area and all the way down to our pond and land. Others have mentioned the eagle nest on the south side of the lake. It would be tragic to lose that. I know many neighbors who live right on the lake have addressed the damage this development would have on the lake itself. We totally support those claims. I'm bringing another perspective to the conversation. When we built our house here, there were major development plans on the southeast side of the lake. With a lot of citizen input, the wise leadership of Apple Valley established Farquar Park there. We hope that the current Planning Commission and City Council will again make wise choices regarding this development. A much reduced density would be the first step, followed by more creative development, and saving much more of the established forest. Thank you for listening to our concerns. Sincerely, John and Ann Loch M Dominica Way Apple Valley From: Sent: Wednesday, December 2, 2020 1:37 PM To: Kathy Bodmer < > Subject: Proposed Development 'The Cove' Farquar Lake Hi Kathy, Thank you so much for the time you spent talking with me earlier today. I also appreciate the opportunity to place into writing my concerns regarding the proposed property development. Resident Correspondence: 17 of 19 Farquar Lake is a resource enjoyed by many residence of the City of Apple Valley as well as surrounding communities. This lake is frequented by kayakers, canoers and those who wish to float around on tubes gathering sun and enjoying the wildlife and tranquility it offers. In the summer, families come and fish from canoes and small boats. In the winter those same families put up portable ice houses and spend hours fishing together. Residents also gather on the public dock to take photographs, visit with friends and/or fish. In the winter, people cross country ski and ice skate. Farquar Lake is a valuable community asset. Google Farquar Lake and this is what comes up; 'The primary function of this lake is as a stormwater pond for the city of Apple Valley stormwater system. Water quality is poor, with algae blooms common'. I can just imagine that when the city decided to use this resource as a way to manage stormwater, there would be those that would argue that with a proper system in place, the lake would be protected from damage. In the 16 plus years we have lived here, we have watched the City attempt to improve the quality of the water with very minimal success. Three summers ago, the weeds were so terrible that the entire middle of the lake was filled in with weeds making travel through that area by either canoe or kayak nearly impossible. That summer, the City did nothing. Think of the all of the phosphates that were absorbed back into the lake as those weeds rotted and sunk to the bottom. Does the DNR not care about this precious resource? Do we not care either? We speak of preserving our planet. Of recycling and reducing our dependence on fossil fuels. Yet are we to give up this resource at a magnitude of seventeen homes on eight acres of land? The Cove Development would place a huge strain on a resource already that is already stressed and damaged. The tree loss is already becoming apparent. Obviously, many more trees will be removed to accommodate this massive building project. Eight acres of land, all of which slopes down from Diamond Path road and into the lake. Seventeen individual patio homes built one after another disturbing the land and allowing for massive mud streams into the water. Sure, protections will be in place, but to say that the lake will be unaffected, or frankly even well protected is ignorant. Any developer who comes will have their eye on profitability. Are we naive enough to believe that they do not put profits first? Please explain this to me. Placing seventeen homes in this small space will only continue to degrade this fragile natural resource and contribute to the theft of this valuable community asset into the future. Resident Correspondence: 18 of 19 I would like to recommend that the maintenance of the current average property density seems prudent. Zoning requirements should not be changed. Any building done in respect to current zoning should be staggered and under the watchful eye of the DNR for protection of the Lake. The City of Apple Valley seems to value high density housing. Just drive behind The Home Depot and that becomes exceedingly clear. Great, in the proper venue. But a city who values density of housing should also respect protecting of valuable land assets and resource which cannot be replaced. Thank you for your consideration and time. Let's preserve this city and this lake for many generations to come. Michelle Schreifels _ Pilot Knob Road Apple Valley, MN Resident Correspondence: 19 of 19 To: Apple Valley Planning Commission: From: Farquar Lake Association Re: Objection to Rezoning Request for The Cove at Lake Farquar Date: December 11, 2020 Approximately 5 years ago Randy and Carolyn Buller purchased a tract of land on the north side of Farquar Lake, which they now propose to rezone to allow a multi -resident housing development and homeowners association. That tract of land has a house at 13009 Diamond Path (the John and Carol Huston home) that has been vacant most of the last 5 years. It is apparent that the Bullers bought that land with the intent to develop it, not to live here. The Bullers seek to rezone that land and then sell it to JMH Land Development who would build 17 townhome style "villa" homes very close together (15 feet apart). The requested zoning change to PD (Planned Development) does not contain the term high density, but to everyone who lives on R-1 zoned properties on Farquar Lake, that proposal to put in a large development of 17 homes valued at $700,00 - $850,000 just 15 feet apart on one piece of property sure seems like high density. With the sole exception of the Bullers who do not live on Farquar Lake, ALL property owners on Farquar lake strenuously oppose and object in the strongest possible terms to rezoning the Buller property from R-1 (Single Family 40,000 sq. ft.) to PD (Planned Development). The Farquar Lake Homeowners Association is an organization established 58 years ago in 1962 for the purposes of community welfare and improvement of Farquar Lake. The association is comprised of the people who own property on Farquar Lake. There are currently 19 homeowners who live on Farquar Lake and ALL are unified in strenuous opposition to the proposed rezoning. Everyone who lives on Farquar Lake fears the detrimental impact to the serene, uncrowded natural beauty of Farquar Lake if the City creates a single exemption to the uniform R-1 zoning around all of Farquar Lake that would then allow the Bullers and JMH Land Development to tear that house down and build a large multi -unit townhome style development valued at $12,000,000 - $14,000,000. A large multi -unit development like that would substantially change the character and quality of the Farquar Lake neighborhood and community, for the worse. For that reason, on behalf of all the homeowners on Farquar Lake and the multitude of other Apple Valley residents who use and enjoy the serene natural tranquility of Farquar 1 Lake as it has been for many, many years, ALL the homeowners who live on Farquar Lake strongly object to and fervently urge the Apple Valley Planning Commission to deny the rezoning request presented by JMH Land Development and Randy and Carolyn Buller. Back in the 1960s, when Apple Valley was still known as Lebanon Township, Farquar Lake residents like Betty Wilson, Pat Nelson and Betty Rabe (who still live on Farquar Lake) came here, built their homes and have lived here for more than 50 years. Those Apple Valley residents and ALL the other homeowners have respected and abided by the R-1 Zoning and Shoreland Overlay regulations that apply to all building and development of the entire Farquar Lake shoreline. The Shoreland Overlay "SH" zoning district is an overlay zone that adds more stringent performance standards for parcels within 1,000 feet of protected shorelands to provide additional protection and preservation of water quality, natural characteristics, and the general health, safety and welfare of the City's protected waters, including Farquar Lake. The current R-1 Zoning and Shoreland Overlay regulations are the very reason that Farquar Lake has such an unusually wonderful, quiet, serene and natural character for an urban lake. The R-1 Zoning was established around the entire shoreline of Farquar Lake for a very important reason. That is exactly what preserves the special character and feel of this natural lake and the surrounding area. Those important zoning regulations are the primary and most significant reason Farquar Lake has remained so special for so long. Those exact same zoning regulations apply to all of us who own property on Farquar Lake — with no exceptions. They also apply to Randy and Carolyn Buller — just like the rest of us. The Bullers knew that when they purchased that tract of land. Other than the obvious profit motive of a large multi -unit townhome style development valued at $12,000,000 - $14,000,000, the Bullers have no legitimate basis to argue that the R-1 Zoning should not apply to them the same way it applies to everyone else who owns property and lives on Farquar Lake. The long-standing R-1 Zoning does not limit or prohibit the Bullers from doing the same thing the rest of us can do on our respective properties. They still have the right to develop their land under the exact same zoning regulations that apply to everyone else who lives here. Other than the large amount of money they would get from selling that tract to a developer, there is no justifiable basis to grant any special exemption or zoning change to Randy and Carolyn Buller and JMH Land Development. Money is not a measuring tool for highest and best use. If they want to develop the land they purchased as an investment (not as a home on Farquar Lake), they must develop it the same way all the rest of us have — under the applicable R-1 and Shoreland Overlay regulations that have been in effect on Farquar Lake for many, many years. There is no prejudice or detriment to the Bullers and their development company in requiring them to follow the same R-1 zoning and Shoreland Overlay requirements that apply to everyone else, because they were fully aware of those regulations when they purchased that land for development. If they choose to develop that land, they must follow the same rules that apply to the rest of us - single family homes on minimum 40,000 sq. ft., 150 ft. wide lots, each home abutting on the public street, DNR regulations fulfilled, and all the rest. This is the second proposal that Randy and Carolyn Buller have submitted for that property. The Bullers purchased most of that tract of land from John and Carol Houston in 2015. Less than two years later in 2017 (just 3 years ago), the Bullers submitted a proposal to develop that tract of land as "The Woods of Lake Farquar" with 6 additional lots for construction of new single family homes. Under that proposal, there would have been 7 homes on that tract of land, not 17. Although that proposal met the R-1 and Shoreland Overlay zoning requirements, many regulatory development problems were identified. (See Exhibit 1 - Woods of Farquar Planning Commission packet 3.1.2017 included with these materials.) The March 1, 2017 memorandum from Kathy Bodmer to the Planning Commission and related materials identified many problems that needed to be addressed, including: - Subdivision Code section 153.55 requires that each building must be have a minimum of 50 feet of frontage directly abutting on a publicly dedicated street and that a private easement does not satisfy this requirement. Diamond Path is classified as a Minor Arterial roadway and Dakota County limited the number of access points onto Diamond Path to two. The Bullers were requesting a variance to provide access to the public street (Diamond Path) for the proposed seven homes through the use of shared private driveways. - Subdivision Code section 153.60 Environmental Protection states, "In the subdividing of land, due regard shall be shown for the protection of all natural terrain features of the site." Specifically, this section of the subdivision code states that no development may occur on land having a slope before alteration of in excess of 12% unless certain specific conditions are met. The plans will need to be reviewed by the City Engineer to confirm that the proposed construction will work with the severe slopes on the site. - The tree removal and mitigation plans improperly proposed planting all of the replacement trees within the 10' additional right-of-way to be dedicated to Dakota County, which was not permitted. Instead, the Bullers would have been required to plant trees completely on the private property. There was no grading or tree removal shown outside of the grading limits. The tree preservation plan needed to be revised to show more variety of trees and fewer maple trees. 3 - The proposed private streets and shared driveways did not meet the requirements for "Fire Access" as required by the Apple Valley Fire Code. - Additional buffering would have been required along the shoreline and adjacent to the included wetland to provide filtration of stormwater runoff. - The plans showed stormwater infiltration would be managed through the use of rain gardens, but the developer's stormwater calculations did not meet the requirements. The City requires the execution of maintenance agreements for rain gardens and stormwater infiltration basins, but the rain gardens as proposed crossed individual property lines, so they needed to be revised. The City needed additional information about plantings within the rain gardens and confirmation that the proposed rain gardens would function properly. - A more detailed inventory of tree removal was required in order to determine the required tree replacement on a lot -by -lot basis. The plans submitted by the Bullers showed that all the replacement trees would be planted within a newly dedicated right-of-way of Diamond Path, which Dakota County would not allow. More diversity of trees would have been required and the trees needed to be distributed around the site rather than only located along the private street area. - An additional landscape plan was necessary to provide more detail of the proposed buffer areas, beach areas and rain gardens. - The sanitary sewer is located in the rear yards of those proposed lots. Any connection to the sanitary sewer would require additional grading and tree removal and a preliminary utility plan would be required. The plans needed to be revised to show how preliminary connections would be made to City services, especially sanitary sewer in the rear yards of the home. No grading was shown on the grading plan from the tree protection fencing to the shoreland, even though grading and likely tree removal would have been needed to make the service connections. The grading plan needed to be revised to show grading and tree removal necessary to connect to city services. The House pad on Lot 1 had very little lawn or yard area shown, and it was located on the large knoll on the north side of the site, so additional grading and retaining walls were expected to create a buildable lot in that location. The City Engineer needed additional soils and construction information to ensure that the proposed lot was a buildable lot. A portion of the sewer line is lower than the DNR established ordinary high water elevation so any work within the shoreland area would require a permit from the DNR. Vehicle 0 access and easements would also be needed to allow repair of the sewer line. Because of the dewatering that would likely be needed to connect to the sanitary sewer, City planners recommended that the Bullers explore running a new sanitary sewer line along Diamond Path to minimize impacts to the rear yards of the lakeshore lots. - Since Farquar Lake is listed as an "Impaired Water" according to the Minnesota Pollution Control Agency (MPCA) due to excess nutrients, stormwater treatment and management is an important issue. Concerns were raised in memos submitted by Dakota County Soil and Water Conservation District and the Vermillion Watershed District. - Concerns were raised about MN DNR regulations regarding buffers adjacent to wetlands, prohibition of sand blankets or beach within the area of the wetland, permits regarding beaches and docks, and the percentage of lake frontage used for lake access. - The City requires the installation of sidewalk and trail along public streets for all new developments. Because Diamond Path is not an urban section at this time, an escrow for the future construction of a pathway along Diamond Path would be required so that when Diamond Path is upgraded, a path could be installed at that time. - The site is located less than 250' from Huntington Park, so the required part dedication was proposed to be satisfied with cash in lieu of land dedication. Even though that original development proposal involved just 6 additional single family homes on that site and met the applicable R-1 zoning and Shoreland Overlay district requirements, the many problems with that proposal were not resolved. Instead, the Bullers asked to postpone the public hearing to re-examine the feasibility of the project. Ultimately, the Bullers withdrew it and they have now partnered with a land developer to replace the original plan with something much bigger— a 17 unit higher density villa home complex with a homeowners association and marina style dock with boat slips. We expect that at a minimum, the same concerns applicable to the Bullers' first proposal still need to be addressed. We further expect that this much larger and higher density project with nearly 3 times more homes (17 new homes rather than 6) would also involve additional zoning and regulatory problems. Rezoning that tract of R-1, Shoreland Overlay lakeshore should certainly not be used as a means to avoiding addressing the many development problems and environmental concerns. When a development proposal has many 5 problems, rezoning should not be used as a means to escape fixing the problems. The right way to do it is to require that any development proposal for that land meet the existing R-1 zoning, Shoreland Overlay, DNR, soil and water, public safety and all other regulations and requirements. Those are the same regulations that apply to all other property owners on Farquar Lake. Those regulations help keep Farquar Lake the special place that it is now. For many reasons, the proposed development would be detrimental to the Farquar Lake community and everyone who enjoys the lake as it is. The Planning Commission can prevent those negative effects by denying the requested zoning change to PD (Planned Development). The very purpose of zoning regulations is to preserve and maintain the character and quality of the neighborhood and community. It is the duty and obligation of the Apple Valley Planning Commission to maintain and enforce those standards and zoning objectives. That is an important part of what allows Apple Valley to be recognized as one of the best places to live in America (in Money Magazine). For the following reasons and arguments to be presented at the public hearing of the Apple Valley Planning Commission, all the homeowners who live on FarquarLake object to and stronglyoppose rezoning the land purchased by Randy and Carolyn Buller for development on Farquar Lake. R-1 Zoning has an important purpose: When Farquar Lake and Long Lake were developed, the City of Apple Valley was thoughtful and purposeful in zoning those lakeshore lots to maintain the character and quality of these natural urban lakes. All the lots on Farquar Lake are zoned R-1, along with the Shoreland Overlay zoning requirements. Those regulations require a minimum lot size of 40,000 sq. ft. and 150 lot width. Those R-1 zoning regulations are intended to serve a purpose — to protect the openness and special character of this uniquely natural urban lake. (See Exhibit 2 - Apple Valley Zoning Map.) Shoreland Overlay District: All the lots on Farquar Lake are included in a Shoreland Overlay district. Those regulations are apply to areas where more stringent regulations are necessary to provide adequate environmental protection of protected waters. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, all protected waters in the city have been given a shoreland management classification by the Minnesota Commissioner of Natural Resources as recreational development lakes and streams, including Farquar Lake. (Source: Apple Valley Subdivision Code sections 155.305 — 155.318) Under these regulations intend to preserve and protect the natural lake environment: - The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consumer nutrients in the soil and to preserve shoreland aesthetics. The Cove development would violate this regulation by involving dramatic removal of natural vegetation. - Any removal of natural vegetation in the shoreland overlay district must require that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. The Cove development would violate this regulation because sufficient vegetative cover would not remain to screen those dwellings when viewed from the water. - Clear cutting of natural vegetation shall be prohibited. The Cove development would violate this regulation because it would involve substantial clear cutting of natural vegetation to make way for 17 large homes close together, and all the associated driveways, streets, sidewalks and 34 guest parking spaces. - When grading, filling or altering the natural topography where the slope of the land is toward the protected public water of Farquar Lake, substantial restrictions must be imposed to ensure that the smallest amount of bare ground is exposed for as short a time as feasible, groundcovers and other methods to prevent erosion entrapped sediment must be employed and filled must be stabilized to accepted engineering standards. The proposed Cove development raises significant concerns about properly adhering to these regulations. - Importantly, where the development is connected to protected water, a permit for work in the beds of protected waters must be issued by the Minnesota Commissioner of Natural Resources. We have not received any indication that the required DNR permitting has or will be obtained. - All development within a shoreland area shall be subject to a water quality management plan which must be approved by the Director of Public Works. The water quality management plan must include a statement of non -point source pollutant treatment methods to be used to reduce potential water pollution associated with urban runoff, soil erosion during construction and soil erosion after construction is complete. 7 - Another critically important regulation requires that before approval of the planned development by the City, planned unit development proposals must be approved by the Minnesota Department of Natural Resources. We have not seen any indication that the required approval of this proposed planned unit development has been pre -approved by the MN DNR, so it does not appear that the City can grant the request zoning change from R-1 to PD. - When issues of density are considered, the city must evaluate the development proposal to ensure the proposed density will be consistent with the resource limitations of the protected water of Farquar Lake, by considering the physical and aesthetic impact of any increased density, the relative density of current development, the levels and types of water surface use and public access, and the effects on overall public use of the protected water. That regulation summarizes and codifies the very concerns that we now raise in objection to the proposed zoning change. - A copy of the notice of public hearing to consider a variance to the provisions of the Shoreland Overlay District or a conditional use in the Shoreland Overlay District shall be sent to the Commissioner of Natural Resources so that the notice is received by the Commissioner at least tendays prior to the hearings. If proper notice of this proposed development has not been provided to the Commissioner of Natural Resources, the proposed Cove development may not proceed. Analysis of R-1 Zoning on number of homes, lot size and shoreline. (See Exhibit 3 - Farquar Lake Property Analysis.) Number of homes. There are currently 20 homes on Farquar Lake, and 19 are occupied by the property owners. There is also one undeveloped lot and a lot with deeded access for a home across Dominica Way. Farquar Park allows public access to the lake. The proposed Cove development involving 17 townhome style "villa home" residences would dramatically increase the number of houses to 37, an 89% increase in the number of homes on the lake. Average Lot Size. The average size of the private lots on Farquar Lake is 1.7 acres. The proposed Cove development would crowd 17 homes onto 8.3 acres, a proposed average of .48 acre per residence, 354% less than the current average lot size. 0 Average shoreline. The current average shoreline frontage per parcel on Farquar is 321 ft. The Cove development proposes that 17 homes share a shoreline of 1,111 ft., a proposed average 65 ft of shoreline per home, 493% less than the current average shoreline per home. Environmental Impact: Now more than ever those of us who live on Farquar Lake routinely see people from all over the community using and enjoying Farquar Lake. Virtually every day, people who do not live on Farquar Lake come here to enjoy the quiet natural beauty - paddle boarding, kayaking, canoeing, fishing, and walking around the lake. Many people also picnic and play in Farquar Park, which is special because it is a clean lakeside park in the heart of the City. Just some of the many summer and winter recreational uses of Farquar Lake by a wide variety of people are shown in the Farquar Lake Photos included with these materials Particularly during the many activity restrictions relating to the COVID-19 pandemic, use of Farquar Lake by a multitude of Apple Valley residents has dramatically increased during 2020. The people who now make it a habit to get outside to use and enjoy Farquar Lake and the surrounding environment and park are likely to continue in the future — but not if the character and quality of Farquar Lake is diminished by improper development. As a neighborhood, those of us who live here and love this lake also love to see our community and surrounding communities enjoying the beauty this lake provides. Profit -motivated rezoning to change the openness and natural beauty of R-1 zoning regulations to allow 17 villa homes to be packed in close together with a homeowners association, large dock and boat slips, almost doubling the number of homes and motorized watercraft would unquestionably change the serene nature, natural beauty and environmental esthetic of Farquar Lake and the surrounding community. Other than money, there is just no reason to do that. Overuse: Under the City of Apple Valley Surface Water Management Plan 2018-2027, Farquar Lake is designated a Priority Lake, based on factors that include coordination with adjacent cities and WMOs, existing MPCA impairments, TMDL studies and intended recreation uses. (Source: 2018-Surface-Water-Management-Plan (apple-valley.mn.us) Page 2-10.) Increasing the number of homes by 89% would dramatically increase lake usage by residents — by a predictably similar amount. The effect of nearly doubling the number of homes, residents, watercraft and use of the lake will negatively impact the shoreline and water quality by increasing sediment, creating more algae and invasive weeds. Depending on the source, the reported size of Farquar Lake ranges from 62.54 to 67 acres, which means that Farquar Lake is relatively small. Any increase in development, usage, motorized boats and development would certainly have a negative impact on 9 shoreline erosion, increased sediment, and other effects of heavier human activity on this small natural lake. Water Quality: According to the Long and Farquar Lakes Nutrient TMDL 2009 final report (available here Long and Farquar Lakes Nutrient TMDL (state.mn.us)) and the October 2017 Long and Farquar Lakes TMDL Implementation Plan Update (available here Long and Farquar Lakes TMDL Implementation Plan (state.mn.us)), since the mid-1990s, Farquar Lake has experienced degraded water quality that has reduced the lake's recreational and aesthetic value. In 2002, Farquar Lake was added to the Minnesota 303(d) impaired waters list for impaired aquatic recreation as a result of mean summer phosphorus values that exceeded the standard for Class 2B recreational waters. The MN DNR and MN Pollution Control Agency classify Farquar as impaired, due to low clarity and excessive algae caused by the presence of phosphorous and other nutrients in the water. (See Exhibit 4 - Farquar Lake CAMP report 2018.) The City of Apple Valley has invested a great deal in water quality management on Farquar and other lakes, trying to reduce the detrimental effects of storm water management on water quality, and the residual effects on the downstream community throughout the Vermillion Watershed. The City has undertaken several strategies to improve Farquar Lake water quality, including the drawdowns of Long Lake, curly leaf pondweed treatments, winter aeration, fisheries management, stormwater infiltration and remediation efforts, other phosphorous control measures, vastly expanded use of rain gardens and other environmentally conscious zoning and development regulations for responsible stormwater management. The process of reclaiming and rectifying Farquar Lake water quality from the long-term effects of decades of development and environmental impact of human activity is long and slow. That process should not be impaired or diminished by rezoning to allow a higher density development that would dramatically increase the impact of human activity on Farquar Lake. The ultimate goal should be to transform the lake from its current algae -impaired state back to a clear water, aquatic plant dominated state. Unnecessarily rezoning to allow a developer to add many new homes directly on Farquar Lake shoreline than current zoning restrictions allow would be a completely avoidable setback to the efforts of the City and lake residents to improve and restore Farquar Lake. There is no valid justification to rezone and allow a dense, high -impact development that would negatively impact water quality and contravene the ongoing efforts and strategy to restore Farquar Lake. Flooding: The City of Apple Valley spent a lot of time and money in the last 10-15 years addressing and remediating the Farquar Lake shoreline flooding problem caused by 10 increasing development and inadequate stormwater management systems. The city eventually took and paid property owners to obtain a ponding easement to address the shoreline flooding issues. The proposed Cove development would contain 17 additional impervious rooftops, driveways and sidewalks, a new access street, and 34 guest parking spaces — all packed into a small space with the homes 15 feet apart. That dramatic increase may equal or even exceed the impervious surface in all the other 20 homes spread out widely around the lake now. With the present awareness of how impervious surfaces and stormwater management decisions affect urban water quality, it seems impossible to justify changing the R-1 zoning requirements that comfortably space out homes around the lake and provide for a great deal of natural vegetation and trees along the shoreline where rain and other runoff can soak into the ground naturally. The dramatic increase in impervious surfaces alone should be enough to prohibit rezoning this lakeshore parcel for a multi -unit development. Erosion: The cutting of many, many trees and the extensive large scale focused excavation and grading on the slope of that hillside property will certainly cause significant construction erosion. Mitigation efforts such as grading plans, silt fences, tree mitigation plans, rain gardens and the like serve to limit some, but not all of the erosion effects of large scale construction. The City's comprehensive plan recognizes that when there are severe slopes, mature trees, lakes, and wetlands, the need for lower densities per acre will impact planning decisions. There is no way to escape the reality that the proposed Cove development will negatively impact Farquar Lake water quality. The Dakota County Soil and Water Conservation District has expressed concern over the sloped hillside and the related extensive excavation. By maintaining the zoning at R-1, the City could better control the addition of any individual homes on 40,000 sq. ft. 150 ft. lots, by carefully monitoring smaller scale individual building projects and efforts to mitigate tree loss and reduce runoff into the lake. A large scale construction project involving $12-14 million of grading and construction for 17 homes cannot be beneficial in any way to the quality of the Farquar Lake environment. It is unnecessary, detrimental and unwanted (by everyone except those who seek to develop it) so it should not be allowed. Boat traffic. Naturally, part of the allure of expensive villa homes on a lake would be lake access for watercraft. The developer has proposed and promoted a homeowners association and community access to a shared marina style dock with multiple boat slips for residents of the planned Cove development. A large scale dock with boat slips for the Cove residents could easily double the number of motorized watercraft on the lake. That would certainly 11 be further detrimental to a small lake with poor water quality and an already compromised shoreline. Increased boat traffic would also diminish the quiet, serene, calm natural beauty of Farquar Lake that is enjoyed by so many people who paddle board, canoe, kayak and fish and enjoy the park on Farquar Lake throughout the summer. Overall Aesthetic: Apple Valley has grown exponentially over the years, but Farquar Lake has retained its special up north feel and it is truly a "gem" in the heart of the City of Apple Valley. Farquar Lake is special enough to have been featured as a cinemagraph (video image) on the Microsoft Bing homepage on April 5, 2013. That image is included with the photographs in these materials. Bing.com Features Farquar Lake in Apple Valley, Minnesota I MnSearch It takes a very special place to earn a prominent spot in something that is used worldwide by countless people. The R-1 zoning requires large lot sizes and substantially opens up space and spreads people out around the lake. That low density has allowed the natural environment to thrive for decades. Farquar Lake still feels quiet, special and beautiful in large part due to the large lot size, mature trees and unique architecture and age of the homes. All that can be attributed to R-1 zoning. The Farquar Lake community and neighborhood is not a typical tract style suburban development. All structures around the lake are unique in design and materials and are not of the same age, size, shape, materials, like you might see in a typical suburban development. The larger lots and plentiful, natural vegetation along the shoreline give Farquar a more "natural" and "unplanned" appearance than most urban lakes. The proposed development's drawings show very small lots and homes that are identical in size, design and shape. One member of the Farquar Lake Association refers to townhome style "villa" homes of similar appearance all packed in very close together as "clone homes". The proposed planned development is not consistent with the existing diverse character of the properties around the lake and will not add value to the community or the lakeshore. Wildlife: Farquar Lake is close to the 1,000 acre Lebanon Hills Reginal Park. Both are very important parts of our community's fragile ecosystem. The proximity of Farquar Lake and Lebanon Hills, including the 8.3 Buller parcel, help provide a vital wildlife corridor for migrating birds and many other wildlife species. Farquar Lake is home to a pair of nesting eagles and their young, and to countless heron, egrets, mink, ducks, geese, racoons, fox, deer and many other native mammals. The fishing is also good on Farquar Lake, and many people who do not live on Farquar routinely come here to fish in both the summer 12 and winter. A higher density housing development that removes much of the native trees and vegetation along this wildlife corridor would be a catastrophic loss for these animals. Without the balance of this precious ecosystem the future of Farquar Lake is at risk. Farquar Lake remains a natural lake with a substantial growth of mature trees and native vegetation. That natural environment attracts many different birds and animals, as shown in in the Farquar Lake Photos included with these materials. Other Lakes in Apple Valley The lakeshore properties on Lake Alimagnet, Long Lake and Farquar Lake all enjoy relatively large lots and long shorelines with zoning of R-1 or R-2. They also have maintained the density and maturity of trees needed to keep our city lakes and environment healthier. Those lakes are natural lakes, as distinguished from the lakes created by reclaiming land after gravel mining as was done with Cobblestone Lake (zoned PD-703) and Lac Lavon (zoned R-3 and PD-444). If the Buller/JMH development is approved that shoreline would resemble the densely crowded unnatural shorelines of Cobblestone Lake or Lac Lavon. Cobblestone Lake and Lac Lavon have a very different character and quality than the natural lake environment of Farquar Lake. Cobblestone Lake and Lac Lavon do not have large stands of mature trees, and they have much higher density housing. Cobblestone has a dual biking / hiking path around the 1.4 mile perimeter that is used by many people, and it is often busy. That's all nice, but that kind of development just doesn't fit or belong on Farquar Lake - it is much different than the natural lake environment on Farquar, which should be preserved. As a pristine example, consider that after about 5 years of building a nest in a very large cottonwood tree on the south side of Farquar Lake, a pair of bald eagles successfully hatched and raised an eaglet on Farquar Lake this year. Throughout the summer of 2020, many people enjoyed the splendor of watching those eagles raise an eaglet right here on Farquar Lake. That would never happen and could not be sustained unless the natural environment and mature trees on Farquar Lake are preserved and maintained. Natural lakes have an entirely different look and feel. The Apple Valley Zoning Map and Aerial Maps of Apple Valley Lakes (Attached as Exhibits 2 and 5) illustrate the stark difference between the character of the natural lakes with R-1 zoning and large individual lots, as compared to the much higher density and lack of mature trees, natural vegetation and wetlands in the Cobblestone and Lac Lavon communities. Dangerous Precedent If the City rezones the Buller parcel for the proposed Cove development, then the owners of up to 14 other lots on the lake could similarly rezone, combine, subdivide and develop their properties, which would exponentially increase the number of homes on 13 Farquar Lake and completely change everything about the lake. If the Buller parcel is rezoned for the Cove development, the City would set a very bad precedent and every owner of Iakeshore lots throughout Apple Valley would have a basis to request similar rezoning for development. Any such request would certainly rely on any precedent established here, to the detriment of all the lake communities in Apple Valley. Conclusion: As Apple Valley residents and members of the Farquar Lake Association, we strongly oppose and object to the proposed Cove development involving 17 substantially similar homes very close together on average lot sizes a fraction of the existing lake lot sizes. We understand and accept that the Bullers and their developer can present development plans consistent with R-1 zoning and Shoreland Overlay regulations. That may allow 5 to 7 individual homes to be built on the property that the Bullers purchased for development. The zoning rules that apply to everyone else who lives around Farquar Lake should also apply the same to the Bullers and their developer. For the reasons stated here and at the public hearing, we urge the Planning Commission to recognize that this large multi -unit townhome style development is a detriment to the character and quality of the Farquar lake community and environment and NOT the highest and best use of that property. We ask the Planning Commission to have the courage to honor your mission and calling and deny the rezoning request out of respect and concern for the impact that a large scale, out of character development like would have on Farquar Lake, a precious natural resource in the City of Apple Valley. There is no detriment to those property owners to require them to propose a development that is consistent and synonymous with the current zoning requirements, shoreline regulations and community esthetic and supports the City's long-term efforts to restore the water quality of Farquar Lake. That property must remain zoned R-1, as it has always been — the same as the entire shoreline of Farquar Lake. On behalf of ALL members of the Farquar Lake Association who are homeowners and live on Farquar Lake, we thank you for your consideration and attention to this important issue. Respectfully, Bill Sherry, P eside t of Farquar Lake Homeowners Association 4855 Dominica Way, Apple Valley, MN 55124 14 Farquar Lake Association Objection to Proposed Cove Development 12-22-2020 Exhibit 1 Woods of Farquar Planning Commission Packet 3.1.2017 City of Appll/alie y MEMO Community Development TO: Planning Commission Members FROM: Kathy Bodmer, Planner MEETING DATE: March 1, 2017 SUBJECT: The Woods of Lake Farquar Public Hearing Randy and Carolyn Buller request postponing The Woods of Lake Farquar public hearing scheduled for the Planning Commission's March 1, 2017, meeting, to a future date. Several issues were identified in the staff report that will require additional review by the property owners. Recommended Action: Staff recommends the following motion: • That tonight's public hearing for The Woods of Lake Farquar be canceled and that a new public hearing notice be published in accordance with the City Code requirements. From: Randy Buller Sent: Wednesday, March 01, 2017 4:09 PM To: Bodmer, Kathy Subject: RE: The Woods of Farquar Lake Hi Kathy, Per our discussion, we respectfully request postponing the public hearing concerning the Woods of Lake Farquar project from Wednesday, March 1 to a later date. As we stated in the meeting today, we felt we needed to re-examine the feasibility of the project as submitted, due to receiving new information Monday, just two days ago. Sincerely, Carolyn and Randy Buller City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: March 1, 2017 Public Hearing PROJECT NAME: The Woods of Lake Farquar PROJECT DESCRIPTION Subdivision by preliminary plat of three parcels into seven parcels for single family development. Variances are requested to reduce impacts to Farquar Lake. STAFF CONTACT: DEPARTMENT/DIVISION: Kathy Bodmer, Planner Community Development Department APPLICANT: PROJECT NUMBER: Randy and Carolyn Buller PC17-02-SV APPLICATION DATE: 60 DAYS: 120 DAYS: February 1, 2017 April 1, 2017 May 31, 2017 Proposed Action • 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. Project SummarylIssues Introduction: Randy and Carolyn Buller own three parcels on the northwest corner of Diamond Path (CSAH 33) and Evermoor Parkway. The petitioners propose to subdivide the three parcels which have a total area of 8.23 acres to create a total of seven single family lakeshore lots abutting Farquar Lake. The existing home would be located on Lot 2 and six lots would be available for construction of new single family homes. Zonin : The property is currently zoned "R-l" (Single family residential, minimum lot size 40,000 sq. ft.) and "SH" (Shoreland Overlay). The SH zoning district is an overlay zone that adds more stringent performance standards for parcels within 1,000' of protected shorelands to provide additional protection and preservation of water quality, natural characteristics, and the general health, safety and welfare of the City's protected waters, including Farquar Lake. The proposed subdivision meets the zoning requirements for lot areas and setbacks except for the existing Houston home. A variance will be needed reducing the home setback from 75' to 51' from the ordinary high water (OHW) level of 899.2' of Farquar Lake. Private Streets: The petitioners are requesting consideration of a variance from the Subdivision Ordinance which requires that all single family lots must abut a public street and that access to a public street via private easements is not normally permitted. Diamond Path is classified as a Minor Arterial roadway and Dakota County is limiting the number of access points onto Diamond Path to two. A public street would normally be required for this type of development which would provide public access from the seven lots to Diamond Path. A public street would require a minimum of 50' of right-of-way and setbacks from the right-of-way line. The petitioners are requesting the ability to use shared private driveways to reduce the required size of the street and allow the homes to be located closer to Diamond Path to provide additional protection for Farquar Lake. The private streets currently have no setback from the right-of-way line of Diamond Path and should be set back a minimum of 20'. The building pads will then need to be a minimum of 30' from the edge of the private street to meet the SH setback requirement. Replacement trees currently shown planted within the newly dedicated 10' right-of-way for Diamond Path will not be permitted by the County. Requiring a minimum 20' setback will allow for snow storage and a landscape buffer area along Diamond Path. The Fire Department states that the private streets and shared drives do not currently meet the requirement for "Fire Access" as required by the Fire Code. The Fire Department is requesting additional information concerning the proposed use of the streets. Natural Features: The proposed development site has a number of challenging natural features. There are two prominent knolls on the site, varied topography, mature trees, a wetland, and shoreland. Farquar Lake is classified as an "Impaired Water" by the MPCA which the City, the Dakota County Soil and Water Conservation District and the Vermillion Watershed have been addressing through various efforts. Additional buffering will be required along the shoreline and adjacent to the wetland to provide filtration of stormwater run-off. Rain gardens are shown within the site to provide stormwater infiltration, but the City needs additional information to confirm that they will function properly. The rain gardens will require maintenance agreements and will not be allowed to cross property lines. Tree Removal and Mitigation: A total of 2,311 caliper inches of significant trees is proposed to be removed in connection with this development project. The tree species proposed to be removed include oaks, elms, poplars, maples, willow, cottonwoods and cherry trees. A total of 231" of replacement trees will be required. A lot by lot inventory of tree removal is needed in order to determine the required tree replacement on a lot by lot basis. The plans show that all of the replacement trees would be planted within the newly dedicated right-of-way of Diamond Path which the County will not allow. More diversity of trees will be required for replacement and fewer maples should be shown. The trees should be distributed around the site rather than only located along the private street area. Additional Plans Needed: The petitioners should provide preliminary utility plans to show how service connections will be made for each lot. The sanitary sewer line is located in the rear yards near the shoreline of the lake. No grading is shown on the grading plan from the tree protection fencing to the shoreland. However, grading and likely tree removal will be needed to make the service connections. Also, it is expected that most of the new homeowners will want to be able to create beaches and docks along the shoreline as allowed by the DNR. A landscape plan should be submitted to provide more detail of the buffer areas, the beach areas and the rain gardens. Sanitary Sewer: The City Engineer is recommending that the developers consider installing a sanitary sewer line along Diamond Path to minimize impacts to the rear yards of the lots. City public works will need access to maintain the sanitary sewer line and manholes in the rear yards. Budget Impact N/A Attachment(s) I . Location Map 7. Grading, Drainage & Erosion Control 13. Vermillion River Watershed Memo 2. Oblique Aerial Photo 8. Tree Preservation Plan 14. Building Insepctions Memo 3. Comp Plan Map 9. Tree Mitigation Plan 15. Dakota County Soil and Water 4. Zoning Map 10. Lot 2 Existing Home Setbacks Conservation District Memo 5. Preliminary Plat 11. Tree Inventory 16. Fire Department Memo 6. Preliminary Plat/ Existing Conditions 12. Engineering Memo 17. Resident Correspondence THE WOODS OF LAKE FARQUAR PROJECT REVIEW Existing Conditions Property Location: Generally, northwest of intersection of Diamond Path (CSAH 33) and Evermoor Parkway Legal Description: That parcel of land located in Government Lot 1, Section 24, Township 115, Range 20, Dakota County, Minnesota, lying west of the West right of way line of S.A.R. No. 33 and East of the following described line: Beginning at a point on the North line of said Government Lot 1, Section 24, said point is 1,382.05 feet west of the Northeast corner of Section 24; thence South 37 degrees 34 minutes 46 seconds East (said North line of Government Lot 1 having an assumed bearing of South 90 degrees East) 133.7 feet; thence South 07 degrees 23 minutes Fast a distance of 400.00 feet; thence South 41 degrees 15 minutes East a distance 230.00 feet; thence South 46 degrees 08 minutes East a distance of 140.00 feet; thence South 22 degrees 24 minutes East a distance of 237.70 feet and there terminating. AND All that part of Government Lot 1, Section 24, Township 115, Range 20, described as follows, to -wit: Beginning at a point on the north line of said Section 24, distant 917.90 feet easterly, measured along said line from the north quarter corner of said Section 24; thence easterly along said north line of said Section 24 to a point which is 1382.05 feet west of the northeast corner thereof; thence South 37 degrees 34 minutes 46 seconds east (said North line of said Section 24 throughout these courses herein described, having an assumed bearing of south 90 degrees east) a distance of 133.7 feet; thence south 7 degrees 23 minutes east a distance of 307.64 feet; thence south 82 degrees 22 minutes west to the easterly shore of Farquar Lake; thence northwesterly along the shore of said Lake to the point of intersection with a line drawn from the point of beginning south 24 degrees west to the shore of said Lake; thence north in a straight line to the point of beginning. AND All that part of Government Lot 1, Section 24, Township 115, Range 20 described as follows, to -wit: Beginning at a point on the north line of said Section 24, 1382.05 feet west of the northeast comer of said Section 24; thence south 37 degrees, 34 minutes, 46 seconds east (said north line of said Section 24 throughout these courses herein described, having an assumed bearing of South 90 degrees east) 133.7 feet; thence south 7 degrees 23 minutes east a distance of 307.64 feet to the place of beginning of the land being herein described: From said place of beginning proceed south 7 degrees 23 minutes east a distance of 92.36 feet, thence south 41 degrees 15 minutes east a distance of 230.0 feet; thence south 46 degrees 08 minutes east a distance of 140.0 feet; thence south 22 degrees 24 minutes east a distance of 237.7 feet; thence north 76 degrees 52 minutes west to the shore of Farquar Lake; thence northwesterly along the shore of said Lake to the point of intersection with a line drawn from the place of beginning of the land being herein described south 82 degrees and 22 minutes west to the shore of said Lake; thence north 82 degrees and 22 minutes east to the said place of beginning; according to the Government Survey thereof. Comprehensive Plan Designation LD - Low Density Residential, 2-6 units/acre Zoning Classification R-1 — Single family residential, 40,000 sf min. lot Existing Platting Lots are un latted parcels. Current Land Use Two vacant parcels and one large lot single family residential Size: 01-02400-02-040 (13009 Diamond Path) 146,324 (3.36 acres) 01-02400-02-050 138,859 (3.19 acres) 01-02400-01-012 143,036 (3.28 acres) Total lot area (after ROW dedications) = 358,620 (8.23 acres) Topography: Two large knolls and significant grade changes throughout the site. A sixty-five foot elevation change occurs from the knoll on the north side of the site down to Farquar Lake. A knoll adjacent to Diamond Path has forty-three feet in elevation change from highest point down to Farquar Lake Existing Vegetation Site is heavily wooded. Other Significant The parcels abut Farquar Lake and the development is located within the "SH" (Shoreland Natural Features Overlay) zoning district. In addition, a wetland has been identified along the southwest area of the development abutting the shoreline. Adjacent Properties/Land Uses NORTH Propp & Nelson Pro ert — Single family home Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use R-1 Single Family 40,000 s.f. SOUTH Nick Property — Single mily home Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use R-1 Single Family 40,000 s.f. EAST Evermoor Townhomes Common Area Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use PD-681 WEST Far uar Lake Comprehensive Plan WAT — Water/Pond Zoning/Land Use Water/Pond Development Project Review Comprehensive Plan: The Comprehensive Plan guides the site for "LD" (Low Density Residential, 2-6 units/acre) development. The proposed subdivision is consistent with the Comprehensive Plan designation. Seven parcels would result in a development density of 0.85 units/acre which is less than 2 units per acre currently specified in the comprehensive plan. The comprehensive plan states, "The City recognizes that in some cases of infill development when there are severe slopes, mature trees, lakes, wetlands, or existing adjunct residential neighborhoods, densities of less than three units per acre may be needed." Zoning: The property is zoned "R-1" (Single family residential, 40,000 sq. ft. min. lot). In addition, the property is located within the "SH" (Shoreland Overlay) zoning district. Performance standards are provided for both districts. In the case when there are overlapping or conflicting requirements regulating the same item (for example, setbacks, lot area, etc.), the more stringent of the two requirements applies. Requirement R-1 Zoning Requirement SH Zoning Requirement Shown Lot Requirements Lot Area 40,000 sf 20,000 sf (Waterfront Lots) 40,281 sf smallest Lot Width (Di Path ROW) 150' 75' Lot width at min. setback 150' Lot Width OHW NA 75' 83' Lot 2 Lot Coverage 35% 30% TBD Building Setback From OHW NA 75' Existing Houston home 51' from deck - *** VAR** Minor Arterial (Di Path) 50' or 100' from 1/2 ROW 50' 50'+ Other Streets (Private) 25' 30' 20' Shown *** VAR** Front 30' 30' See Minor Arterial Side 20' NA 20' shown building pads Rear 30' from Property Line 75' from OHW (899.2 elev) See setback from OHW * * * Var for Houston** Building Height 35' 35' TBD Setback variances would be needed for the existing Houston home to the OHW and from the building pads to the private streets. The Houston home, constructed in the 1950s, has a deck that is 51' from the OHW. Preliminary Plat: The three existing parcels are unplatted lots. One of the lots is the location of the former Houston home. The plans propose to subdivide the parcels into seven lots directly abutting Diamond Path and Farquar Lake. Lot 2 would contain the existing Houston home. The rest of the lots would be available for construction of six single family homes. Ten additional feet of right-of-way is dedicated to ensure a minimum half right-of-way of Diamond Path of 60' as required by Dakota County. § 153.55 Lot Dimensions requires that each building must be provided with a minimum of 50' of frontage directly abutting on a publicly dedicated street and that a private easement does not satisfy this requirement. The requirement for abutting a public street is met in this development as all of the lots directly abut Diamond Path. However, because the road is a Dakota County street classified as a minor arterial, Dakota County is limiting the number of direct access points out onto Diamond Path to two. If a public street were constructed in place of the proposed shared private driveways, a minimum right-of-way width of 50' would be required and setbacks taken from the new right-of-way line. The petitioners are requesting consideration of a variance which would allow them to provide access to the public street (Diamond Path) through the use of shared private driveways or shared private streets to minimize impacts to Farquar Lake and to reserve additional yard area for stormwater infiltration. § 153.60 Environmental Protection states, "In the subdividing of land, due regard shall be shown for the protection of all natural terrain features of the site." Specifically, this section of the subdivision code states that no development may occur on land have a slope before alteration of in excess of 12% unless certain specific conditions are met. The plans will need to be reviewed by the City Engineer to confirm that the proposed construction will work with the severe slopes on the site. Site Plan: No sight plan is required for the review and approval of a single family subdivision. Natural Resources: The site is located within the "SH" (Shoreland Overlay) zoning district of Farquar Lake. In addition, a wetland has been identified on the site, so a wetland determination in conformance with the State's Wetland Conservation Act rules will apply. The site is also heavily wooded with varied terrain. Farquar Lake is currently listed as an "Impaired Water" according to the Minnesota Pollution Control Agency (MPCA) due to excess nutrients. Stormwater treatment and management will be an important issue related to this project. Enclosed are memos from the Dakota County Soil and Water Conservation District and the Vermillion Watershed District concerning the proposed development. Buffers are required adjacent to wetlands and the lake shore. Adjacent to the wetland the buffer must an average width of 40' with a minimum of 30'. Sand blankets or beach within the area of the wetland will not be permitted because it would constitute filling of the wetland. This means Lots 6 and 7 will not be entitled to have a sandy beach. The buffer along the shoreland will be a minimum of 16.5' wide. Beaches and docks would be allowed only by permit through the DNR and only a percentage of the lake frontage can be open for lake access. The DNR restricts the amount of open access to the lake to the lesser of 50' or 50% of the lot width. The rest of the lot abutting the lake would be required to have buffers installed. Grading Plan: The grading plan shows the grading needed to create six new single family house pads. Rain gardens are proposed to provide stormwater infiltration and management. The grading plan should be revised to show grading and tree removal necessary to connect to City services. The house pad shown on Lot 1 has very little lawn or yard area shown. The lot is the location of the large knoll on the north side of the site. Additional grading and retaining walls are expected to create a buildable lot in this location. The City Engineer will need to receive additional soils and construction information to ensure the lot is a buildable lot. Tree Removal and Mitigation Plans: A tree removal plan and mitigation plan were submitted showing that a total of 2,311 caliper inches of significant trees are proposed to be removed in connection with the project, primarily in the area of the building pads and the shared private streets. A total of 231" of new trees must be planted in order to meet the mitigation requirements. The plans proposed planting all of the replacement trees within the 10' additional right- of-way to be dedicated to Dakota County. Dakota County will not allow trees to be planted within their right-of- way. Instead, the petitioners will need to plant the trees completely on the private property. No grading or tree removal is shown outside of the grading limits. The plans will need to be revised to show how preliminary connections will be made to City services, especially sanitary sewer in the rear yards of the home. The tree preservation plan should be revised to show more variety of trees and fewer maple trees. Elevation Drawings: Elevation drawings are not required for review of a single family subdivision. Landscape Plan: A landscape plan is not typically required for review of a single family subdivision. However, additional information is needed concerning the lake and wetland buffers and the plantings within the rain gardens. Municipal Utilities: City utilities are available to the site with water available along Diamond Path and sanitary sewer behind the building pads in the rear yards. The plans show stormwater infiltration would be managed through the use of rain gardens, but the City Engineer states that the stormwater calculations do not appear to meet the requirements. The City requires the execution of maintenance agreements for rain gardens and stormwater infiltration basins; the rain gardens should not be shown crossing individual property lines. The sanitary sewer is located in the rear yards of the property. Because any connection to this service will require additional grading and tree removal, a preliminary utility plan will be required. In some cases the line is lower than the DNR established ordinary high water (OHW) elevation of 899.2'. Any work within the shoreland area will require a permit from the DNR. Vehicle access and easements will also be needed to allow repair of the sewer line. Because of the dewatering that will likely be needed to connect to the sanitary sewer, the petitioners may want to explore running a new sanitary sewer line along the east side of the site along Diamond Path. Street Classifications/Accesses/Circulation: • Diamond Path (B-Minor Arterial): Diamond Path (CSAH 33) is a rural section 2-lane County roadway with ditches and shoulders. There is a designated left turn lane southbound to east bound from Diamond Path onto Evermoor Parkway. The County is limiting access to Diamond Path to two access points. Current traffic levels are 7,800 AADT (2015 Mn/DOT MSA Map) and is expected to grow to 15,500 AADT by 2030 (AV 2030 Comprehensive Plan). • Private shared driveways: The petitioners plan to use a series of shared driveways for the single family lots rather than a public street to minimize impacts to the development. Dakota County is restricting the number of access points to Diamond Path to two. Private streets are required to be a minimum of 24' wide and constructed to City private street standards. Turn arounds will be required for fire vehicles. The fire department has asked for clarification of whether the streets will meet the Fire Code requirements for fire access roads. Pedestrian Access: The City requires the installation of sidewalk and trail along public streets for all new developments. Because Diamond Path is not an urban section at this time, an escrow for the future construction of a pathway along Diamond Path will be required. When Diamond Path is upgraded, a path will be installed at that time. Public Safety Issues: The Fire Department has raised a concern as to whether the private street/shared driveways are sufficient to provide "fire access" to all of the lots in the development. The building pad on Lot 1 is set back a distance from Diamond Path which may require fire trucks to drive on the private driveway. The Fire Department requests clarification of how the private streets meet the Fire Code requirements. Recreation Issues: The site is located less than 250' from Huntington Park on the northeast corner of Diamond Path and Pilot Knob Road. Park dedication is proposed to be satisfied with a cash -in -lieu of land dedication. Sins: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: To be taken. THE WOODS OF LAKE FARQUAR LOCATION MAP o4-J ow __ �o Q N Q) W �: Q E W 4L- M� W O �I - w 3--�t2� a ANTE' Y I y ' s , v j — R1- FARQUAR LAKE �}.. . . ........ El t R`4 ? P �••l .'i'�'�, �.(i ! :':�C,/ ` 7:�'.� � ABC :� `��A� `; ..... .'.y \R •� ,�,� J Y ( c 1 � x X c ' / lkC. 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TYPE [IN.] 1352 OAK 16 REMOVE 1184 COT 28 SAVE 1353 OAK 9 REMOVE 1186 MPL 8 SAVE 1354 OAK 10 REMOVE 1188 WILL 8 SAVE 1355 OAK 14 REMOVE 1189 MPL 10 SAVE 1356 OAK 12 REMOVE 1196 MPL 10 SAVE 1357 OAK 16 REMOVE 1202 MPL 8 SAVE 1358 OAK 12 REMOVE 1203 MPL 8 SAVE 1359 OAK 12 SAVE 1208 WILL 12 SAVE 1361 OAK 18 REMOVE 1209 WILL 10 SAVE 1362 OAK 16 REMOVE 1210 WILL 10 SAVE 1363 OAK 13 REMOVE 1211 WILL 9 SAVE 1364 OAK 8 REMOVE 1212 COT 10 SAVE 1365 OAK 10 REMOVE 1217 COT 38 SAVE 1371 CHERRY 12 REMOVE 1221 WILL 15 SAVE 1372 POP 12 REMOVE 1239 COT 14 SAVE 1373 ELM 9 REMOVE 1240 COT 10 SAVE 1374 OAK 16 REMOVE 1241 COT 17 SAVE 1375 OAK 13 REMOVE 1247 MPL 8 SAVE 1377 OAK 12 REMOVE 1252 MPL 9 SAVE 1378 OAK 8 REMOVE 1261 COT 14 SAVE 1379 OAK 11 REMOVE 1262 COT 12 SAVE 1380 OAK 13 REMOVE 1269 WILL 14 SAVE 1381 OAK 12 REMOVE 1277 POP 9 SAVE 1382 OAK 14 REMOVE 1290 OAK 8 REMOVE 1383 ELM 8 REMOVE 1292 OAK 24 REMOVE 1384 OAK 18 REMOVE 1293 OAK 12 REMOVE 1385 OAK 8 REMOVE 1294 OAK 10 SAVE 1386 OAK 9 REMOVE 1295 OAK 15 REMOVE 1387 OAK 8 REMOVE 1296 OAK 12 REMOVE 1388 OAK 12 REMOVE 1297 OAK 12 REMOVE 1389 OAK 15 REMOVE 1301 OAK 15 SAVE 1391 COT 22 REMOVE 1302 OAK 12 SAVE 1392 TREE 13 REMOVE 1303 OAK 14 SAVE 1393 OAK 10 REMOVE 1304 OAK 14 SAVE 1394 OAK 15 REMOVE 1305 OAK 15 SAVE 1395 OAK 17 REMOVE 1306 OAK 12 SAVE 1396 OAK 14 REMOVE 1309 OAK 9 SAVE 1397 OAK 18 REMOVE 1337 OAK 12 SAVE 1398 ELM 8 REMOVE 1338 OAK 15 REMOVE 1470 OAK 13 SAVE 1339 OAK 10 SAVE 1472 OAK 9 SAVE 1340 OAK 13 REMOVE 1492 OAK 9 SAVE 1342 OAK 18 REMOVE 1494 OAK 12 SAVE 1of7 WOODS OF LAKE FARQUAR TREE INVENTORY 1497 OAK 20 SAVE 1560 COT 8 SAVE 1499 OAK 12 SAVE 1561 COT 8 SAVE 1500 OAK 14 SAVE 1562 OAK 12 SAVE 1501 OAK 20 SAVE 1563 OAK 9 SAVE 1502 OAK 10 SAVE 1564 CHERRY 9 SAVE 1503 OAK 11 SAVE 1565 OAK 11 SAVE 1504 OAK 12 REMOVE 1567 OAK 10 SAVE 1506 OAK 26 REMOVE 1568 CHERRY 8 SAVE 1507 BRCH 8 SAVE 1569 COT 8 SAVE 1508 BRCH 8 SAVE 1571 OAK 18 SAVE 1509 POP 11 SAVE 1573 OAK 10 SAVE 1510 BRCH 8 SAVE 1574 OAK 18 SAVE 1512 CHERRY 9 SAVE 1575 BRCH 13 SAVE 1513 OAK 8 SAVE 1576 OAK 18 REMOVE 1514 OAK 18 REMOVE 1578 ELM 9 REMOVE 1515 OAK 10 REMOVE 1579 OAK 13 REMOVE 1516 OAK 13 REMOVE 1580 OAK 11 REMOVE 1517 OAK 14 REMOVE 1581 BRCH 12 REMOVE 1519 OAK 11 REMOVE 1583 COT 10 SAVE 1520 OAK 8 SAVE 1584 BRCH 12 SAVE 1523 OAK 10 REMOVE 1585 OAK 19 SAVE 1524 OAK 2 REMOVE 1586 COT 8 SAVE 1525 OAK 8 REMOVE 1587 COT 9 SAVE 1527 OAK 18 SAVE 1588 COT 8 SAVE 1529 BRCH 8 SAVE 1589 COT 9 SAVE 1530 COT 9 SAVE 1590 COT 8 SAVE 1531 BRCH 8 SAVE 1591 COT 8 SAVE 1532 COT 12 SAVE 1592 COT 12 SAVE 1535 OAK 12 SAVE 1593 COT 8 SAVE 1538 OAK 9 SAVE 1594 COT 8 SAVE 1539 OAK 8 SAVE 1595 ELM 9 SAVE 1540 OAK 13 SAVE 1596 COT 9 SAVE 1541 OAK 11 SAVE 1597 COT 8 SAVE 1544 BRCH 9 SAVE 1598 COT 10 SAVE 1545 BRCH 9 SAVE 1599 COT 8 SAVE 1546 BRCH 8 SAVE 1600 COT 10 SAVE 1547 OAK 11 SAVE 1601 CHERRY 10 SAVE 1549 COT 10 SAVE 1604 OAK 9 SAVE 1550 OAK 9 SAVE 1605 OAK 14 SAVE 1551 ELM 9 REMOVE 1606 OAK 8 SAVE 1552 OAK 9 SAVE 1607 BRCH 9 SAVE 1553 OAK 13 SAVE 1608 CHERRY 10 SAVE 1554 OAK 15 SAVE 1612 OAK 10 SAVE 1557 COT 9 SAVE 1613 OAK 20 SAVE 1558 BRCH 11 SAVE 1616 OAK 17 SAVE 2 of 7 WOODS OF LAKE FARQUAR TREEINVENTORY 1619 OAK 9 SAVE 1683 OAK 11 SAVE 1620 OAK 10 SAVE 1684 OAK 17 SAVE 1621 OAK 15 SAVE 1685 OAK 8 SAVE 1622 OAK 9 SAVE 1686 OAK 8 SAVE 1623 OAK 12 SAVE 1687 OAK 13 SAVE 1624 OAK 9 SAVE 1688 OAK 9 SAVE 1625 COT 22 SAVE 1689 OAK 16 SAVE 1626 COT 9 SAVE 1693 OAK 14 SAVE 1628 ELM 10 SAVE 1695 COT 8 SAVE 1634 OAK 11 SAVE 1696 COT 8 SAVE 1635 OAK 11 SAVE 1697 COT 8 SAVE 1636 OAK 15 SAVE 1698 OAK 17 SAVE 1638 OAK 12 SAVE 1699 PINE 14 SAVE 1639 BRCH 8 SAVE 1700 OAK 12 SAVE 1640 OAK 12 SAVE 1701 OAK 9 SAVE 1641 OAK 9 SAVE 1703 OAK 8 SAVE 1642 OAK 8 SAVE 1709 COT 10 SAVE 1643 OAK 10 SAVE 1710 COT 8 SAVE 1644 OAK 12 SAVE 1711 COT 8 SAVE 1645 OAK 19 SAVE 1712 COT 8 SAVE 1647 ELM 8 SAVE 1713 OAK 12 SAVE 1649 OAK 12 SAVE 1714 OAK 14 SAVE 1651 OAK 10 SAVE 1715 COT 11 SAVE 1652 BRCH 10 SAVE 1716 OAK 17 SAVE 1653 OAK 9 SAVE 1723 OAK 13 SAVE 1658 COT 8 SAVE 1724 COT 19 SAVE 1659 COT 8 SAVE 1725 COT 24 SAVE 1660 OAK 8 SAVE 1726 OAK 9 SAVE 1661 COT 9 SAVE 1727 PINE 9 SAVE 1662 OAK 14 SAVE 1728 CHERRY 9 SAVE 1663 OAK 10 SAVE 1729 OAK 19 SAVE 1664 OAK 14 SAVE 1735 ELM 9 SAVE 1665 OAK 8 SAVE 1738 BRCH 8 SAVE 1666 OAK 8 SAVE 1739 OAK 24 SAVE 1669 OAK 12 SAVE 1740 COT 15 SAVE 1670 OAK 13 SAVE 1744 ELM 12 REMOVE 1674 OAK 16 SAVE 1748 BX 9 REMOVE 1675 BRCH 8 SAVE 1752 OAK 16 SAVE 1676 OAK 9 SAVE 1756 ELM 10 SAVE 1677 BRCH 9 SAVE 1757 OAK 13 SAVE 1678 OAK 16 SAVE 1759 HACK 10 SAVE 1679 COT 12 SAVE 1760 BX 15 SAVE 1680 BRCH 10 SAVE 1762 BX 17 SAVE 1681 BRCH 8 SAVE 1763 BX 14 REMOVE 1682 OAK 13 SAVE 1764 BX 14 SAVE 3 of 7 WOODS OF LAKE FARQUAR TREE INVENTORY 1765 BX 15 REMOVE 1896 OAK 11 REMOVE 1766 BX 11 SAVE 1897 OAK 14 REMOVE 1767 OAK 17 SAVE 1898 OAK 10 REMOVE 1772 ELM 10 SAVE 1899 OAK 11 REMOVE 1773 OAK 10 SAVE 1900 OAK 12 REMOVE 1834 COT 39 REMOVE 1910 COT 10 SAVE 1838 OAK 14 REMOVE 1915 BX 8 REMOVE 1839 OAK 14 REMOVE 1916 BX 9 REMOVE 1840 OAK 14 REMOVE 1917 BX 9 SAVE 1842 OAK 12 REMOVE 1918 BX 11 REMOVE 1846 OAK 21 SAVE 1922 OAK 25 REMOVE 1848 OAK 15 SAVE 1926 COT 24 SAVE 1850 OAK 13 REMOVE 1927 COT 17 SAVE 1863 OAK 14 REMOVE 1928 OAK 12 REMOVE 1864 OAK 15 REMOVE 1930 OAK 10 REMOVE 1865 OAK 9 REMOVE 1932 BX 11 SAVE 1866 OAK 9 REMOVE 1933 ELM 9 REMOVE 1867 OAK 10 REMOVE 1934 OAK 26 REMOVE 1868 OAK 10 SAVE 1935 ELM 11 REMOVE 1869 OAK 12 SAVE 1936 OAK 16 REMOVE 1870 OAK 17 REMOVE 1941 OAK 18 REMOVE 1871 OAK 9 SAVE 1942 OAK 14 REMOVE 1872 OAK 11 SAVE 1943 OAK 18 REMOVE 1873 OAK 11 SAVE 1944 OAK 13 REMOVE 1874 OAK 9 REMOVE 1946 ELM 9 REMOVE 1875 OAK 9 REMOVE 1949 OAK 16 REMOVE 1876 ELM 9 REMOVE 1951 OAK 16 REMOVE 1877 OAK 9 SAVE 1952 ELM 10 REMOVE 1878 OAK 10 REMOVE 1953 OAK 8 REMOVE 1879 OAK 11 REMOVE 1954 OAK 12 REMOVE 1880 OAK 11 REMOVE 1955 OAK 18 REMOVE 1881 OAK 10 REMOVE 1956 OAK 10 REMOVE 1882 OAK 11 REMOVE 1957 OAK 14 REMOVE 1883 OAK 12 REMOVE 1958 OAK 18 REMOVE 1884 OAK 12 REMOVE 1960 OAK 32 REMOVE 1885 OAK 12 REMOVE 1961 BX 8 REMOVE 1886 OAK 10 REMOVE 1962 OAK 15 REMOVE 1887 OAK 12 REMOVE 1963 CHERRY 11 REMOVE 1888 OAK 11 REMOVE 1964 BX 9 REMOVE 1889 OAK 11 REMOVE 1965 OAK 18 REMOVE 1890 OAK 8 REMOVE 1966 BX 9 REMOVE 1891 OAK 8 REMOVE 1968 BX 8 REMOVE 1893 OAK 15 REMOVE 1969 ELM 14 REMOVE 1894 OAK 9 REMOVE 1974 OAK 21 REMOVE 1895 OAK 13 REMOVE 1976 CHERRY 8 REMOVE 4of7 WOODS OF LAKE FARQUAR TREE INVENTORY 1977 ELM 8 REMOVE 2230 WILLOW 17 SAVE 1978 OAK 19 REMOVE 2231 COT 16 SAVE 1980 OAK 15 REMOVE 2251 TREE 12 SAVE 1981 OAK 19 REMOVE 2252 OAK 15 SAVE 1982 ELM 11 REMOVE 2255 MPL 12 SAVE 1984 OAK 16 SAVE 2256 MPL 20 SAVE 1985 ELM 9 SAVE 2325 OAK 13 SAVE 1986 CHERRY 8 REMOVE 2326 OAK 17 SAVE 1987 OAK 12 REMOVE 2327 OAK 10 REMOVE 1988 OAK 14 REMOVE 2329 OAK 9 SAVE 1989 ELM 11 SAVE 2330 OAK 10 SAVE 1990 OAK 12 REMOVE 2331 OAK 11 SAVE 1992 ELM 8 REMOVE 2332 COT 11 SAVE 1993 OAK 16 REMOVE 2336 OAK 16 SAVE 1994 OAK 24 REMOVE 2337 BX 14 SAVE 1995 CHERRY 8 REMOVE 2338 OAK 9 SAVE 1998 BX 8 SAVE 2339 OAK 10 SAVE 1999 BX 9 SAVE 2340 OAK 12 SAVE 2000 BX 14 SAVE 2341 OAK 9 SAVE 2001 BX 15 REMOVE 2342 OAK 10 SAVE 2002 BX 12 REMOVE 2343 ELM 9 REMOVE 2003 BX 12 SAVE 2344 ELM 12 REMOVE 2004 BX 15 SAVE 2345 BX 10 REMOVE 2005 BX 14 SAVE 2346 OAK 16 REMOVE 2007 BX 8 REMOVE 2347 MPL 8 SAVE 2008 BX 9 SAVE 2348 COT 10 SAVE 2011 ELM 11 SAVE 2349 COT 10 SAVE 2012 ELM 9 SAVE 2350 ELM 8 SAVE 2021 BX 13 REMOVE 2351 CHERRY 8 SAVE 2022 ELM 10 REMOVE 2352 MPL 14 SAVE 2025 ELM 12 REMOVE 2353 ELM 11 SAVE 2026 ELM 8 SAVE 2355 BRCH 8 SAVE 2032 OAK 17 SAVE 2356 OAK 9 SAVE 2033 OAK 26 REMOVE 2357 OAK 12 SAVE 2168 BX 24 SAVE 2358 OAK 8 SAVE 2172 Locust 20 SAVE 2359 OAK 11 REMOVE 2180 BX 18 REMOVE 2360 ELM 9 REMOVE 2181 CHERRY 14 REMOVE 2361 OAK 8 REMOVE 2183 OAK 24 SAVE 2362 OAK 8 REMOVE 2195 OAK 10 SAVE 2363 OAK 8 REMOVE 2213 MPL 27 SAVE 2369 BX 8 SAVE 2226 TREE 8 SAVE 2371 OAK 12 SAVE 2227 TREE 10 SAVE 2372 COT 12 SAVE 2228 WILLOW 12 SAVE 2374 OAK 8 SAVE 2229 MPL 5 SAVE 2375 OAK 12 SAVE 5 of 7 WOODS OF LAKE FARQUAR TREE INVENTORY 2377 OAK 22 SAVE 2447 OAK 22 SAVE 2382 OAK 13 REMOVE 2448 ELM 8 SAVE 2383 OAK 16 REMOVE 2450 OAK 10 SAVE 2384 COT 8 REMOVE 2451 OAK 15 REMOVE 2385 OAK 12 SAVE 2452 OAK 22 REMOVE 2386 OAK 13 SAVE 2454 COT 8 SAVE 2387 OAK 24 SAVE 2455 OAK 12 SAVE 2388 OAK 12 SAVE 2456 COT 8 SAVE 2390 OAK 17 SAVE 2457 OAK 18 SAVE 2391 CHERRY 8 SAVE 2458 CHERRY 8 SAVE 2392 MPL 18 SAVE 2460 COT 9 SAVE 2393 OAK 16 SAVE 2462 OAK 16 SAVE 2394 OAK 16 SAVE 2463 OAK 15 SAVE 2398 OAK 12 REMOVE 2464 OAK 12 SAVE 2399 OAK 16 SAVE 2465 OAK 15 SAVE 2400 OAK 20 SAVE 2466 MPL 11 SAVE 2402 CHERRY 8 SAVE 2467 MPL 15 SAVE 2403 CHERRY 11 SAVE 2468 COT 15 SAVE 2404 OAK 16 SAVE 2472 OAK 18 SAVE 2405 CHERRY 8 SAVE 2474 OAK 14 SAVE 2406 OAK 22 SAVE 2475 MPL 12 SAVE 2408 OAK 13 SAVE 2478 OAK 9 SAVE 2409 MPL 9 SAVE 2479 OAK 16 SAVE 2410 OAK 8 SAVE 2480 OAK 11 SAVE 2411 OAK 14 SAVE 2481 OAK 14 SAVE 2412 OAK 14 SAVE 2484 OAK 10 SAVE 2413 OAK 10 SAVE 2487 COT 12 SAVE 2414 OAK 14 SAVE 2488 COT 9 SAVE 2415 OAK 8 SAVE 2489 MPL 14 SAVE 2416 OAK 12 SAVE 2491 OAK 20 SAVE 2417 CHERRY 11 SAVE 2493 OAK 16 SAVE 2418 OAK 9 SAVE 2494 OAK 10 SAVE 2420 OAK 14 SAVE 2497 OAK 10 SAVE 2421 OAK 11 SAVE 2498 OAK 11 SAVE 2423 MPL 9 SAVE 2499 OAK 11 SAVE 2424 COT 14 SAVE 2500 OAK 9 SAVE 2425 COT 17 SAVE 2501 OAK 11 SAVE 2426 COT 9 SAVE 2503 OAK 8 SAVE 2427 OAK 9 SAVE 2504 OAK 8 SAVE 2428 OAK 9 SAVE 2505 OAK 11 SAVE 2429 OAK 8 SAVE 2506 OAK 12 SAVE 2436 OAK 22 SAVE 2507 OAK 10 SAVE 2444 OAK 18 SAVE 2509 OAK 9 SAVE 2445 OAK 16 SAVE 2510 OAK 12 SAVE 2446 OAK 8 SAVE 2512 BRCH 11 SAVE 6 of 7 WOODS OF LAKE FARQUAR TREE INVENTORY 2513 OAK 12 SAVE 2571 OAK 8 SAVE 2514 OAK 9 SAVE 2573 OAK 14 SAVE 2515 OAK 8 SAVE 2574 OAK 13 SAVE 2516 OAK 8 SAVE 2575 OAK 10 SAVE 2517 OAK 8 SAVE 2576 OAK 8 SAVE 2518 OAK 11 SAVE 2584 OAK 11 SAVE 2519 OAK 8 SAVE 2520 OAK 9 SAVE 2521 OAK 10 SAVE 2522 OAK 9 SAVE 2523 OAK 8 SAVE 2524 WILLOW 9 SAVE 2526 OAK 8 SAVE 2531 OAK 11 SAVE 2533 OAK 8 SAVE 2534 OAK 14 SAVE 2535 OAK 12 SAVE 2536 OAK 11 SAVE 2537 ELM 8 SAVE 2538 OAK 14 SAVE 2539 OAK 8 SAVE 2540 OAK 10 SAVE 2541 CHERRY 8 SAVE 2542 OAK 8 SAVE 2543 OAK 8 SAVE 2544 OAK 8 SAVE 2546 COT 9 SAVE 2547 OAK 8 SAVE 2549 OAK 8 SAVE 2550 CHERRY 8 REMOVE 2552 ELM 9 REMOVE 2553 OAK 24 REMOVE 2554 ELM 8 REMOVE 2555 OAK 16 SAVE 2556 OAK 8 SAVE 2557 OAK 8 SAVE 2559 OAK 15 SAVE 2560 OAK 12 REMOVE 2561 ELM 8 REMOVE 2564 CHERRY 8 SAVE 2565 CHERRY 9 SAVE 2566 OAK 14 SAVE 2567 OAK 12 REMOVE 2568 OAK 12 SAVE 2570 OAK 8 SAVE 7 of 7 Telephone (952) 953-2500 Fax (952) 953-2515 www. cityofappleva [ley, org February 9, 2017 Relider & Associates Inc. Attn: Benton Ford Suite 1.10 3440 Federal Drive Eagan, Minnesota 55122 Re: Request for Wetland Type Confirmation and Delineation Concurrence Buller Property Dear Mr. Ford: Your "Prelin3.inary Wetland Delineation Summary" for the Buller Property in Apple Valley was received ou 011127/17, At this time, the "Preliminary Wetland Delineation Summary" submitted on 0 /27/ 17 is considered incomplete as an application for Wetland Type Confirmation and Delineation Concunenee for the following stated reasons: ® Sampling point locations neither indicated on enclosed maps nor in the field. Lacks wetland delineation data forms and the information and analysis associated there with. a Data and a basis for conclusions on wetland types, plant community types, wetland -upland transitions, landscape position, and other data necessary to make a determination not included, * At this time, winter conditions, such as snow cover, are obscuring site conditions such that a determination cannot be made, A copy of the "Wetland Delineation Review Checklist for Minnesota" used to review your submission is attached with comments and may assist you in determining what further information is needed for a complete application. It should also be noted that this letter only applies to Wetland Conservation Act approvals and doesn't apply to other city approvals or state approvals, such as Public Waters Work Permits, required to complete the referenced project. The City of Apple Valley appreciates your efforts to cooperate with WCA operating procedures. Should you have further questions about WCA or other Apple Valley natural resource issues, please feel free to contact me at 952-953- 2462. Sincerely, Jane Byron Water Quality Technician Cc: Jed Chesnut, Minnesota Board of Water and Soil Resources Brian Watson, Dakota County Soil and Water Conservation District Andrew Krinke, Kjolhaug Environmental Services Melissa Barrett, Kjolhaug Environmental Services Randy & Carolyn Buller, property owners Kathy Bodmer, City of Apple Valley Encs: Wetland Delineation Review Checklist for Minnesota for 01/27/17 submission Preliminary Wetland Delineation Summary — Buller Property, Apple Valley Home of the Minnesota Zoological Garden KjoLHAuGENVIRONMENTAL SERVICES COMPANY Providing Sound, Balanced, Comprehensive Natural Resource Solutions Memorandum Date: January 27, 2017 To: Benton Ford — Rehder & Associates Inc. From: Andrew Krinke — Kjolhaug Environmental Services Melissa Barrett — Kjolhaug Environmental Services Re: Preliminary Wetland Delineation Summary — Buller Property, Apple Valley The Buller Property site was inspected on January 24, 2017 by Kjolhaug Environmental Services (KES) for the presence and extent of wetland. The property encompasses 8.7 acres and is located in part of Section 24, T115N, R20W, Dakota County, Apple Valley, MN. This site was situated west of Diamond Path (Figure 1). Property Overview The Buller Property consisted primarily of woodland dominated by paper birch, bur oak, and red oak trees with a dense understory of common buckthorn shrubs. One single-family home and a detached garage was located in the northern portion of the property. The remainder of the property consisted of. Site topography was highest in the northern and eastern portions of the property then sloped steeply downhill toward the west toward Farquar Lake (Figure 2). Review of NWI, Soils, Public Waters, and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) showed one PFOIA/PEM1C wetland located within the property as shown on Figure 3. The Soil Survey (USDA NRCS 2015) showed no hydric or partially hydric soils located within the property as shown on Figure 4. The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) showed Farquar Lake (DNR Protected Water 19-23P) along the western property boundary as shown on Figure 5. 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952-401-8757, Fax 952-401-8798 The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) showed one waterbody along the western property boundary as shown on Figure 6. Wetland Description Potential wetlands were evaluated during field observations on January 24, 2017. One wetland was identified and delineated within the property boundaries (Figure 2.) Herbaceous vegetation was dormant and soils were frozen at the time of the wetland delineation. Wetland 1 was a partially forested, Type 1/3 (PFO1 A/EMC) seasonally flooded basin/shallow marsh wetland located in the southern portion of the property adjacent to Farquar Lake (19-23P). The center of the wetland was dominated by narrowleaf cattail and reed canary grass surrounded by a forested fringe of green ash and black ash trees and common buckthorn shrubs. Wetland 1 covered 0.35 acres within the property boundaries. Adjacent upland consisted of steeply sloped woodland dominated by bur oak and red oak trees and common buckthorn shrubs. The remaining shoreline north of Wetland 1 had an abrupt boundary between the observed upland woodland and the lake with no additional areas dominated by hydrophytic vegetation. Summary/Caution Kjolhaug Environmental Services inspected the Buller Property on January 24, 2017 and delineated one wetland within the property boundaries. This preliminary delineation was completed outside of the growing season and was constrained by 6 inches of snow cover, senesced vegetation, and frozen soils. The delineated wetland has not been approved and is subject to review and modification by members of the Technical Evaluation Panel (TEP) and the U.S. Army Corps of Engineers (USACE). An additional site visit is required during the growing season to gather additional field data and to schedule a review of the delineation by the members of the TEP and USACE. Vincent Ridge Wetland Delineation Additional Areas Figures: • Figure 1 — Site Location • Figure 2 — Existing Conditions • Figure 3 —National Wetlands Inventory • Figure 4 — Soil Survey • Figure 5 — DNR Public Waters Inventory • Figure 6 — National Hydrography Dataset © OpenStreeWap (and) contributors, CC -BY -SA Figure 1 - Site Location N 0 500 Buller Property (KES 2017-005) Feet Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate Kf DI Hh V c ENVIRONMENTAL SERVICES COMPLY and do not constitute an '� Vim• official survey product. �"••++1/ Source: ESRI Streets Basemap 71 Figure 4 - Soil Survey N 0 125 Ilia "' Feet fO H VG FNVIRONMFNTAI.SF.RVICF.SCOMPANY Source: USDA, NRCS Buller Property (KES 2017-005) Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 3 - National Wetlands Inventory N 0 125 Feet KJOuu �� TT rr/�'vr Ll AUG F.NViRONMFNTALSERVICF.S COMPANY +"�✓ Source: Minnesota DNR (2013), USFWS Buller Property (KES 2017-005) Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Figure 2 - Existing Conditions N 0 125 i i Feet KjoLHAUG F.NVIRONMENTALSERVIGES COMPANY +^f✓ Source: MnGeo, ESRI Imagery Basemap Buller Property (KES 2017-005) Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. \�= ? �-�� v��v���— ��.e : . __�... d«fd©�-\������?,_ ���/ \�d��\ �.��..�.,� . . .. . . . .. � � � � s� <� « � . w �= «� ?«© _ <��,y: ��— v�«�� ?��� y��� «- . y...� �� _�� w.:�� :- »rm� a:� � , � v - � .:��� S � : l.w: :m » � ,- y� » d � � � � \�\� � � K. � «�= � _ « � �� « a** 0009 ..... see CITY OF Apple Val TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: February 24, 2017 SUBJECT: Preliminary Plat Review — The Woods of Lake Farquar Tom, MEMO Public Works The following are comments regarding The Woods of Lake Farquar residential development project. General All work and infrastructure within public easements or right of way shall be to City standards. 2. No trees will be permitted in public easements or right of way. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. 4. Approvals from Dakota County are required for plat review and driveway access locations on Diamond Path. 5. 10' of additional Right of Way (ROW) has been shown on the plat in accordance with Dakota County requirements. No Trees are permitted in Dakota County ROW. 6. Driveway apron shall be constructed in accordance with City standard details. 7. For emergency vehicle access and turnaround, a cul-de-sac or turnaround shall be provided at Lots 1, 2 and 7 and shall be constructed in accordance with City standards 8. A minimum private street width of 26' f-f with curb and gutter shall be provided to be used as a shared private street as shown. 9. Lot 3 should be accessed from the same driveway entrance as Lots 4-7. The private street connection between lot 3 and northern most driveway entrance to Diamond Path at Lot 2 can be eliminated. This appears to have less environmental impact. 10. Private access driveway or street shall meet minimum setback from ROW of 20'. 11. Ponding Easements per the following document numbers should be shown and labeled on the preliminary plat: a. Ponding Easement No. 3063624 b. Ponding Easement No. 3063625 12. Drainage and Utility Easements per the following document numbers should be shown and labeled on the preliminary plat: a. Drainage and Utility Easement No. 3063622 b. Ponding Easement No. 3063623 13. Additional drainage and utility easements are required on all lots for required buffers. 14. Additional drainage and utility easements are required where drainage is directed across individual lots. 15. Provide Geotechnical Report showing soil borings at the proposed rain water gardens, proposed roadway, and soil types on the steep slopes on lot 1 and portions of lot 2. Soil borings must show entire profile. 16. Indicate 30' site triangles at driveway entrances to make sure no obstructions are in clear line of site. 17. A 10' bike trail will be required along Diamond Path and be constructed as a public infrastructure project. Permits 18. A public infrastructure project is anticipated for the proposed sanitary sewer and water services. Plans and specifications shall be completed by the City of Apple Valley. A private installation agreement may be necessary for construction of public infrastructure by developer or the developer can have the City of Apple Valley publicly bid the improvements and provide assessments back to the property. 19. 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 construction. 20. A right of way permit will be required for all work within public easements or right of way. 21. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. This must include a buffer restoration plan. 22. A Public Waters Work permit from the DNR is required for all work occurring below the OHW of 899.2'. This would include sanitary sewer service connections adjacent to the lake. 23. If dewatering more than 10,000 gallons per day, a DNR temporary dewatering permit will be required. Grading, Drainage and Erosion Control 1. Final Grading Plans shall be reviewed and approved by City Engineer. 2. Final Stormwater Management Plan shall be reviewed and approved by City Engineer. 3. Grading plan should clearly show the high water elevation 901.2 associated with the ponding easements. 4. DA (13) includes a direct runoff area of 3.95 acres, 0.25 acres (7.1 %) of new impervious are directly contributing to Farquar lake without treatment. The proposed building pads on Lots 1, 6, and 7 are not being treated as shown. Relocation of proposed rain gardens are recommended. 5. DA (9) includes drainage from lots 3-5, additional grading and spot elevations are required to ensure that the entire drainage area will be treated in rain garden 4. Any drainage that crosses lots will require additional drainage and utility easements. 6. Additional spot elevations are required on the south side of proposed lot 7 to ensure side yard drainage does not go to the adjacent property to the south. 7. Clarify drainage patterns where existing driveway is to be removed. It is not clear if existing culvert will drain to rain water garden or be separated. No additional drainage will be allowed to go to the north at this location. If this culvert will collect drainage from offsite and existing ROW then rain garden 5 will be required to have a drainage and utility easement and be owned and operated by the City of Apple Valley. A separate public stormwater basin may be required to be provided along Diamond Path at Lot 1. 8. Drainage from lot 1 driveway needs to be redirected to ensure no additional drainage is concentrated onto driveway of lot 2. 9. Silt fence detail shall be per city standard plate ERO-2 and be heavy duty. A double row of silt fence is required for protection of lakes and wetlands. 10. Additional Filter Log ditch checks in accordance with ERO-20 are recommended where drainage is being concentrated on property lines. 11. Culvert/Pipe protection in accordance with ERO-21 is recommended at 36" FES. Storm sewer shall be constructed of RCP if offsite drainage is directed to pipe and shall be public infrastructure. 12. Silt fence needs to extend further up and around the proposed house pad on lot 1 to ensure that all construction disturbances are contained in silt fence perimeter. 13. Existing garage floor elevation and lowest floor elevation should be indicated on proposed lot 2. 14. A stormwater infiltration maintenance agreement will be needed for all the proposed rain gardens. Rain gardens shall not be on shared property and shall be independent to each lot. It is recommended to have individually located and owned stormwater practices or account for a larger regional design to accommodate runoff. 15. Raingarden design and construction standards, plans, and details are incomplete for the project at this time. The City would recommend following the guidelines of the Dakota County LID Standards (http: //www. dakotaswcd. org/pdfs/Dakota%20LID%20 Standards%20Revised%2002-09- 12.pdf) for construction and design as well as the Minnesota Stormwater Manual. a. Dakota County Soil and Water Conservation District may be available to suggest alternative stormwater practices for the site. 16. Raingardens adjacent to roadway need to provide buffers and/or pretreatment to prevent snow piles from winter maintenance within the basins. Snow storage must not occur in raingardens. 17. A planting plan and methods of establishing vegetation in the buffer and raingardens is not included other than a seed mix for the raingardens. A detailed plan shall be provided. Raingardens adjacent to the road and private drives should be planted and not seeded. Additionally, planting rather than seeding provides a more designed look and allows for quicker plant establishment. Raingardens generally need to remain offline until vegetation is established, which can be more than a year for native plant seed mixes. That may be difficult to accomplish for this particular project. 18. Details on Sheet C 1 state the rain garden construction shall not begin until all construction in the contributing drainage area has been completed. Additional temporary erosion and sediment control is required and shall be shown on a phasing plan included with the SWPPP. All areas shall be protected from compaction and sedimentation during construction and stabilization. 19. The berm for raingarden 5 is encroaching into the sanitary easement. The raingarden in its entirety and associated structures should be removed completely from the easement. 20. A culvert/stormwater pipe is shown under the private drive on lots 1 and 2 that is in close proximity to the existing sanitary line and within the sanitary easement. Drainage should be directed to drainage and utility easement and be contained in a drainage swale with adequate velocity and slope protection prior to entering rain garden. The culvert or stormwater pipe under the private drive on lot 2 would be contributing stormwater to raingarden 5, but outlets quite a distance away from the raingarden. This could lead to erosion and sedimentation issues; it could cause failure of the raingarden. 21. The raingardens appear to currently be designed to 1.2' deep. Soils maps show that the soils on the property are likely C soils. The Minnesota Stormwater Manual recommends using an infiltration rate of 0.2"/hr for C soils. a. 1.2' is too deep a depth to infiltrate in C soils within 48 hours as required by state regulations. Raingardens should be no deeper than 6"-9" deep in C soils. Raingardens shall be designed shallower and larger in area to meet state infiltration requirements and city stormwater requirements. Storm Sewer 1. Final locations and sizes of storm sewer shall be reviewed with the final construction plans and approved by City Engineer. 2. Final Stormwater Management Plan shall be reviewed and approved by City Engineer. 3. The proposed 36" HDPE culvert will need to be relocated away from the 8" existing sanitary sewer main located in the drainage and utility easement (see note 10 above). 4. Existing 36" culvert needs to be removed with driveway (at Lot 1) or drainage computations need to be provided to account for offsite flow. . Sanitary Sewer and Water Main 1. Final locations and sizes of sanitary sewer and water main shall be reviewed with the final construction plans and approved by City Engineer. 2. Proposed water service locations for new lots need to be shown on a utility plan. Water services will be installed as part of City Project 2017-110 (water main replacement along Diamond Path in 2017). Costs of the individual services to serve the proposed subdivision will be assessed to the property. Curb stops are to be located at the ROW for each lot. 3. Proposed sanitary sewer service locations for new lots need to be shown on a utility plan and will be installed by the developer. Service connections to the existing 8" sanitary sewer along the lake will NOT be approved due to the following conditions: a. extensive dewatering would be required b. A DNR permit is required due to excavation below OHW c. additional tree clearing and disturbance between the proposed homes and lake are required for installation of services d. due to existing tree cover and overall length of services, long term maintenance could become problematic to the homeowners and City of Apple Valley. 4. It will be required that an 8" sanitary sewer line be installed as part of the development to serve lots 3-7. Lots 1 and 2 could be provided services from the existing sanitary sewer. Sanitary sewer would be public infrastructure with 20' minimum drainage and utility easement provided. 5. The lowest level of lot 3 would require the proposed sanitary sewer to run between proposed lots 2 & 3 and connect to sanitary manhole with invert elevation of 897.0. 6. Water pressure and flow should be confirmed for the long water service required for Lot 1. Sizing calculations of this water service line should be provided. It is anticipated that a 2" water service would be required for Lot 1. 7. Access needs to be maintained and or provided for public sanitary sewer line cleaning and maintenance. Additional drainage and utility easements are required on Lot 1. The slopes over the sanitary sewer easement shall not exceed 10:1 and a 10' wide access path is to be provided for public works to maintain easement and utilities. 8. Include City of Apple Valley sanitary sewer & water main standard detail plates. 9. Existing well on lot 2 would need to be abandoned in accordance with Dakota County. Landscape and Natural Resources 1. Because Farquar Lake is an Impaired Water strict maintenance of erosion control throughout construction and final stormwater practices are necessary to minimize impacts. Redundant erosion and sediment controls will be expected as part of the Natural Resources Management Permit. 2. The DNR would need to be consulted about any permitting requirements for docks. a. Docks would have to be designed to minimize impacts to wetlands and be compliant with WCA and city regulations. 3. There appears to be a small ice ridge in some locations along the shoreline. State regulations only allow regrading of ice ridges in certain limited cases. A DNR permit may be required and DNR regulations may prohibit this activity. 4. The wetland delineation and type concurrence application was incomplete; a letter has been send to the developer, consultant, and property owner notifying them of this fact. Review and approval will be delayed until all required materials are submitted. Review may also be delayed and the application considered incomplete until conditions permit a field review; winter snow, frozen soils, and dormant vegetation can delay the ability to provide a field review. 5. Buffer width adjacent to the wetland is 40' average with a 30' minimum. A 10' building setback from the buffer is required. The buffer width is based on their wetland rating from the VRWJPO wetland assessment from 2007 (Manage 1 in this instance.) 6. Buffer width adjacent to the lake where there is no additional wetland is 16.5'. The buffer for the lake is measured from the OHW. The plans submitted indicate measuring the buffer from the water's edge and not from the OHW. 7. A landscape plan is required specifically for the buffer areas. 8. Tree tags are required to be placed on the trees as depicted in the tree inventory. The tree inventory shall be organized on a individual lot basis. 9. In accordance with 152.57 (D)(7); Beaches are prohibited in the wetland; it is considered wetland fill and not allowed. Beach sizing in the buffer adjacent to areas of the lake where there is no additional wetland is limited based on city ordinance. The developer, builder, and homeowner should become acquainted with MNDNR rules regarding sand blankets to remain compliant with state regulations. Lots 6 and 7 may have the most restrictions for the owners on what they can do with their "backyard" or "shoreline". 10. Buffer signage is required in City code and shall be placed along property lines and easement areas. Natural Resources staff can provide additional information. 11. Tree removals shown appear to be less than that what is feasible to accomplish with the proposed construction limits shown. Provide the tree inventory spreadsheet for Sheet C3. a. Sheet C3 shows mature trees being kept along property lines of Lot 4/ 5, and 6/ 7. This is encouraged but usually proves difficult with steep slope construction sites. Construction activities and equipment must be kept clear of these areas. 12. The proposed planting plan only includes three (3) trees species. Please diversify the species and consider limiting maples as the next invasive insect species favors maples. 13. The proposed planting plan only indicates replanting trees in the proposed additional right-of-way for Diamond Path. Tree replacement should encompass the entire site and trees should be replaced in different areas not just as a screening buffer. No trees are permitted in County ROW. 14. There are also overhead powerlines along Diamond Path that may interfere with the proposed tree plantings. Ensure any tree planted will have adequate space when mature and will not create a utility line conflict. 15. Given the tree clearing needs for home construction, it is recommended to show additional tree planting around the perimeter of the shown house pad.. A 20' area around the proposed house pad should be shown for tree removals. 16. Show all tree impacts for underground utilities — both sanitary lines and any new services along Diamond Path. Adequate setbacks from utility service lines are required for any tree plantings. DATE: February 6, 2017 TO: Kathy Bodmer, City of Apple Valley FROM: Mark Ryan, Vermillion River Watershed Joint Powers Organization (VRWJPO) RE: Comments on Preliminary Plan for the Woods of Farquar Lake The Vermillion River Watershed Joint Powers Organization (VRWJPO) received the City of Apple Valley's (City's) request for preliminary plan review for "The Woods of Farquar Lake" development on February 2, 2017. After reviewing the preliminary plat and civil drawings provided with the request, the VRWJPO has the following comments: This is a preliminary plan set and the level of design detail is therefore not present at a level to provide a detailed hydrologic/hydraulic review. However, the following can be noted based on the working plan and should be considered during later design review: o It appears that the ponding volume provided (10,356 cubic feet) is designed to meet the City requirements for capturing the runoff created by the 3.6-inch, 24-hour event (see code section 152.16) based on the amount of new impervious (estimated at 47,193 square feet). To be verified later during the permitting process. o There are some fringe wetlands identified on the southwest part of the parcels along the lake to which the City wetland buffer requirements may apply (which align with VRWJPO buffer standards). It appears that this buffer will be met by the project, but buffer distance should be verified during the permitting process. The following comments apply to the rain gardens proposed for stormwater management on the site and the proposed location of these practices. o The site and surrounding area is identified as having a soil type of "till" that is of hydrologic soil group C (not well drained). Underdrains should be considered for use in these raingardens due to the relatively low infiltration rate of these subsoils. o For the largest proposed basin (at 6,650 cubic feet of storage volume), it is unclear how much drainage will reach the basin. Unlike the other locations, there are not swales graded to it or impervious surfaces adjacent to it. o For the overflows from the rain gardens, the designer only has a thicker blanket proposed. Riprap or some other treatment may be warranted due to the potential for erosion. In addition, these outlets from the site may require additional energy Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue, Apple Valley, MN 55124, 952.891.7000, Fax 952.891.7031 dissipation — otherwise the erosion will simply happen on the slope just below the silt fence as there is a high potential for long-term erosion of the buffer/yard area below the houses. o A culvert proposed for the northern driveway has a roughly 7.5% slope to it and also is likely to cause erosion. Additional energy dissipation to be considered during design. o Who will perform long-term maintenance of the basins: the City or the landowner? If it is the landowner, will the City be able to make this work when all 5 rain gardens are located directly on the property lines? o There is approximately 550' of ditch along Diamond Path (CR-33) located south of the southern driveway. Consideration should be given during design and permitting to ensure the ditch is graded to drain and that erosion potential is limited at the southern end where flow has been channelized at the top of the slope down to the lake. While the VRWJPO understands that much of this discussion is dealt with during the design and permitting process, we want to illuminate these questions now so that they are not surprises to the applicant during the permitting process for the City's Natural Resources Management Permit (NRMP) prior to construction. Thank you for the opportunity to provide comments. Mark Ryan, P.E. Watershed Engineer Vermillion River Watershed JPO (952) 891-7596 and mark.ryan@co.dakota.mn.us *so .... 00000 so@* ..6 City of Apple Valley MEMO Building Inspections TO: Kathy Bodmer, Planner FROM: Pat Devery, Building Inspector DATE: February 8, 2017 SUBJECT: Woods of Farquar Lake • Geotechnical report, boring log and Special Inspector Agreement is required prior to permit and soil corrections on site. • Detached garage currently for existing house will require demolition permit. Garage is built in what will become an easement. DAKOTA COUNTY SOIL & WATER N LP'Vn1 iON iiI`.> I HSC; I February 2, 2017 Kathy Bodmer, City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 Re: The Woods of Lake Farquar Dear Ms. Bodmer, Thank you for the opportunity to review the above plan. We offer the following comments for your consideration: A conservation practice (vegetated shoreline stabilization) primarily located on proposed Lot 3, with a portion extending onto proposed Lot 2 was installed in 2010 by the previous landowners (John and Carol Houston) and was funded by the SWCD. The project is under a 10 year contract which expires in 2020. The project appears to have been replaced with a sand beach at some point in 2016. The SWCD will coordinate with previous and current landowners regarding the status of the conservation practice. A copy of the original project factsheet is attached. • Farquar Lake is impaired for excess phosphorus (nutrient eutrophication biological indicators). As such, additional best management practices found in Appendix A of the NPDES Construction Stormwater Permit should be incorporated into the plans. • Sanitary sewer connections for individual properties would require excavation and soil disturbance down -gradient of silt fence shown on the plans. Plans should include erosion and sediment control measures for construction activities in all areas of disturbance. • The proposed plans show stormwater practices (raingardens) located on private property with each raingarden on multiple private parcels. It is recommended to locate stormwater practices on city outlots to ensure that the stormwater practices continue to function as designed. • Dakota County Low Impact Development Standards are recommended for the stormwater practices (e.g. recommend 36" of engineered soils in raingarden, maximum of 12" ponding depth for raingardens, and no equipment within raingarden footprint to prevent compaction of soils). Dakota County LID standards can be found at: (http://www.dakotaswcd.org/pdfs/Dakota%20LID%2OStandards%2ORevised%2002-09-12 pdD Sincerely, 474- - Curt Coudron, CPESC Project Management Supervisor CC: Brian Watson, SWCD Manager 4100 220`h Street West, Suite 102 1 Farmington, MN 55024 1 (651) 480-7777 1 www.dakotacountyswcd.org PARTNERS IN LAND AND WATER CONSERVATION Project: A 90-foot shoreline stabilization project on Farquar Lake. The project removed an existing sand beach and failing retaining wall. Biolog, coconut erosion control blanket, and over 1,500 of native plants and shrubs were used to vegetate and stabilize the shoreline. Funding: Project Cost: 8 130 State $5,186 Landowner $2,144 Z -� Location: Apple Valley Minnesota Dakota County Soil and Water Conservation District 4100 2201h St. W., Suite 102, Farmington, MN 55024 651-480-7777 www.dakotaswed.org GO014iY Sp/4 qti Q m Final 10/12/2010 Section A (not to scaic. Section B (not to scale) Gross sections of shoreline restoration areas GO'Otay SO/4 qti O� A. O��� ._ C tis�9Vg7' N 10 Dakota County Soil and Water Conservation District 4100 220th St. W., Suite 102, Farmington, MN 55024 651-480-7777 www.dakotaswcd.org Apple Valley Fire Department MEMO City of Apple Valley TO: Kathy Bodmer FROM: Brian Kilmartin DATE: February 23, 2017 SUBJECT: The Woods at Lake Farquar I have attached a copy of the Minnesota State Fire Code that applies to this project. Fire department access roads would be required per MSFC section 503- 503.2.5. There're 2 locations that would need to have a turn around that complies with the fire code. I've also attached a copy of the approved turn arounds. Please have the developer get back to us on how they plan to bring the proposed development in to compliance with the fire code. Bria tlma 'n- Acting Fire Marshal Part III —Building and Equipment Design Features CHAPTER 5 FIRE SERVICE FEATURES SECTION 501 GENERAL 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter. 501.2 Permits. A permit shall be required as set forth in Sec- tions 105.6 and 105.7. 5013 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access roads and construction doc- uments and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made service- able prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street inter- section when construction of new roadways allows passage by vehicles in accordance with Section 505.2. SECTION 502 DEFINITIONS 502.1 Definitions. The following terms are defined in Chap- ter 2: AGENCY. FIRE APPARATUS ACCESS ROAD. FIRE COMMAND CENTER. FIRE DEPARTMENT MASTER KEY. FIRE LANE. KEY BOX. 1 TRAFFIC CALMING DEVICES. SECTION 503 FIRE APPARATUS ACCESS ROADS 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all por- tions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: Fire apparatus access roads need not be provided where there are two or fewer Group R-3 or Group U occupancy buildings. This exception clarifies that it is not the intent of the code to require the driveway to one or two homes or any Group U occupancy to have a code -compliant access road no matter the setback distance from the main road 503.1.1.1 Increases allowed. The 150-foot distance shall be permitted to be increased for the following: 1. When the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3. 2. For Group R occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the fire apparatus access road shall extend to within 600 feet (183 m). 3. Where fire apparatus access roads cannot be installed because of location on property, topog- raphy, waterways, nonnegotiable grades, or other similar conditions, and an approved alternative means of fire protection is provided, the fire apparatus access road shall extend to within 300 feet (91.4 m). 503.1.2 Additional access. The fire code official is autho- rized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic condi- tions or other factors that could limit access. 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible stor- age shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unob- 2015 MINNESOTA STATE FIRE CODE 69 FIRE SERVICE FEATURES structed vertical clearance of not less than 13 feet 6 inches (4115 mm). Exception: Where the road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the minimum unob- structed width can be reduced to 16 feet (4877 mm). 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue opera- tions. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be pro- vided with an approved area for turning around fire appa- ratus. Exception: Where the dead-end road serves Group R buildings that are equipped throughout with an approved automatic sprinkler system installed in accor- dance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the maximum dead-end length distance is permitted to be increased up to 300 feet (91.4 m). 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code offi- cial based on the fire department's apparatus. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code offi- cial based on the fire department's apparatus. 503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING —FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legi- ble condition at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 503A.1. Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the fire code offs-' cial. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, con- structed and installed to comply with the requirements of ASTM F2200. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved man- ner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for auto- matic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1 Required access. Exterior doors and openings required by this code or the Internalional Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be pro- vided when required by the fire code official. 504.2 Maintenance of exterior doors and openings. Exte- rior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered non- functional and that retain a functional door exterior appear- ance shall have a sign affixed to the exterior side of the door with the words THIS DOOR BLOCKED. The sign shall con- sist of letters having a principal stroke of not less than inch (19.1 mm) wide and at least 6 inches (152 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. Exit and exit access doors shall comply with Chapter 10. Access doors for high -piled combustible storage shall comply with Section 3206.6.1. 70 2015 MINNESOTA STATE FIRE CODE j� i' •A l 1, The provisions contained in this appendix are not mundatoty unless specifically referenced in the adopting ordinance. SECTION D101 GENERAL D1.01.1 Scope. Fire apparatus access roads shall be in accor- dance with this appendix and all other applicable require- ment-� of the harrnatioarxd Fire C'odc, SECTION D102 REQUIRED ACCESS D102.1 Access and loading. Facilities. buildiii s or portions of buildings hereafter constructed shall be accessible to fire department apparatus by sr ay of an approved fire apparatus access road with an asphalt. concrete or other approved driv- ing surface capable o1- supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34 050 k fg,). SECTION D103 MINIMUM SPECIFICATIONS D103.1 Access road width -with a hydrant. When. a fire hydrant is located on a fie apparatus acC05I, road, the mini- mum road width ,hall be 26 feet t7925 man), exclusive of shou I ders (see Figure D103.1}. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percentin grade. Exception: Grader steeper than 10 percent as approved by the fire chief. D103.3 Turning radius. The minimum tumim, radius shall be determined by the fire code of�icirtl. D103.4 Dead ends. Dead-end lire apparatus access roads in excess of 150 feet (45 720 nun) shall he provided with width and turnaround provisions in accordance with Table D103.4. TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH (feet) WIDTH (feet) TURNAROUNDS REQUIRED —0-1 50 -2o None required 151-500 501-7�t) - 20 16 120-loot Ilamnerhead. 60-loot 'Y" or 96-loot diameter cul-de-sac in accor- dance, with Figure. DIW.1 120400t llammerhead, 60-font "Y" or IR loot di unelLn cul-de-sac in accor- dance M ith Figure D 103.1 Oyer 1st Special appro%a] required Foi SI_ I foot = 30-4 th min 0 / 20' 96' 26' R 26' 28' R TYP. TYP20' 26' � 20' � 20' 96-FOOT DIAMETER 60-FOOT'Y' MINIMUM CLEARANCE CLIL-DE-SAC AROUND A FIRE HYDRANT Fur SI: I foo! = 304.R nun. 60' 60, 28' R TYP. 20IJ ' 28' R �70' TYP, 20' 1 26' 20' 120-FOOT HAMMERHEAD ACCEPTABLE ALTERNATIVE TO 120-FOOT HAMMERHEAD FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND 2015 MINNESOTA STATE FIRE CODE 475 C O U N T Y Dakota County Surveyor's Office Western Service Center 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 Fax 952.891-7127 • www.co.dakota.mn.us February 21, 2017 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: THE WOODS OF LAKE FARQUAR -FKA BULLER ADDITION The Dakota County Plat Commission met on February 21, 2017, to consider the preliminary plat of the above referenced plat. The plat is adjacent to County State Aid Highway (CSAH) 33 or Diamond Path, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat was revised to reflect the Plat Commission's comments on 11/28/2016. The right-of-way needs for CSAH 33 for a 3-lane/4-lane undivided roadway are 60 feet of half right of way. The plan includes two proposed driveways and the removal of one existing driveway access to CSAH 33. The additional dedicated right of way area includes planting of trees on the plan. As noted, no trees are allowed in the existing or new County right of way. Restricted access should be shown along all of CSAH 33 except the two proposed access openings. A quit claim deed to Dakota County is required for access restriction along CSAH 33 at the time of recording the plat mylars. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 33 are 8,100 ADT and are anticipated to be 10,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: The Woods of Lake Farquar Resident Correspondence From: Annette Larson [mailto: ] Sent: Thursday, February 23, 2017 9:00 AM To: Bodmer, Kathy Subject: Questions / Input for Proposed Development of Farquar Woods: March 1st Jennifer Dalseth, via communication with the Farquar Lake Association, suggested we submit questions to you by email a week prior to the upcoming public hearing. We have a number of questions which I've included below, and some are based on some research I've done to gather information from Dakota county's website about the current properties and development around the lake, so I've attached a spreadsheet supporting the statistics 1 mention below which were manual calculations from the website. We are property owners at 48M Dominica Way and are members of the lake association. I am writing this email on behalf of myself, and my husband Terry Larson, and I intend to attend the public hearing on March 1st. I am providing some commentary below, in addition to some questions. We have concerns about the impact of the development on the lake's water quality, the wildlife, and the character and general overall impact on Farquar Lake, which we believe is a unique urban lake in many ways. We're well aware of the extensive ongoing efforts of the property owners, city, and state to address and attempt to mitigate the already -existing issues with water quality in Farquar Lake. With that in mind, we believe the approval of this development should be closely scrutinized and would like to present the following questions. Question #1- Will the Planning Commission be taking into account whether the newly proposed lots are consistent with the current average parcel sizes and average lake frontage per lot of the lots presently surrounding Farquar Lake? Farquar Lake is not a "typical" urban lake in our opinion, and it seems to retain a special character with abundant birds and wildlife and a relatively low density of development for a lake within a large suburb. As shown on the attached spreadsheet (with data obtained from the Dakota County GIS online mapping service), the proposed lots in Farquar Woods will be less than 1/2 the size of the current/existing average parcel size and will have approximately 1/2 the lake frontage vs. existing parcels. How will this weigh in the Commission's decision -making? Question #2 - How will the Commission be assessing the environmental impact of increasing the number of parcels/lots on Farquar Lake by over 25% compared to the current number of parcels/lots? Even without the scientific background to understand how this might impact the environment, from a basic mathematical perspective, the impact has to be very significant on a lake this size when you consider not only increased usage from fishing, boating, etc. but from run-off, disturbance or removal of shoreline vegetation, potential destruction or disturbance of aquatic vegetation at lake access points, etc. Resident Correspondence 1 of 5 Question #3 - If the Commission plans to approve the development of the lots as proposed, what safeguards will be taken to protect and preserve the shoreline, shoreline vegetation, aquatic vegetation, animal habitat? Will the clearing of waterfront vegetation be completely prohibited within a significant setback area? If not what are the restrictions? Will docks be prohibited, or if not, should they be restricted to one shared dock due to the comparatively small lot size? If "viewing corridors" are allowed on these lots should they be more restrictive, and how will clearing be monitored and controlled to insure minimal environmental impact? Question #4 - Regarding the character of the lake as perceived by not only property owners on the lake but all that are able to enjoy the lake via access at the park, what considerations will be made regarding any structures that might be visible from the lake? Currently, all structures around the lake are unique in design and materials and are not of the same age, size, shape, materials, like you might see in a typical suburban development, so with the larger lots/parcels and plenty of natural vegetation along the shoreline, the lake retains a more "natural" and "unplanned" appearance than most urban lakes. The proposed development's drawings shows smaller lots with homes which appear to be close together and similar in size and shape. Will there be any oversight or controls in terms of how the homes look, materials used, size of structure, etc? When reviewing the proposed development how will the Commission consider whether the proposed homes are cohesive with the existing diverse character of the properties around the lake vs "planned development"? Question #5 - Can the owners/developers provide more information about the quality and value of the homes that will be built and the price that the lots and homes will be marketed at? Will there be restrictions on the homes that are built which will insure that neighboring property values are retained to protect other homeowners and the city's and county's tax base. We hope the commission will only approve a development that is designated with the safeguards that not only bring in new tax dollars from the developed property but also maintain, and improve the values of other properties surrounding the lake, while taking into account the impact on the environment and community, and the community value of the character of the lake. Annette Larson _ Dominica Way A pie Valley, MN 55124 Acreage of Parcels surrounding Far uar Lake *Source: Dakota County GIS mapping and property information Parcel ID Acreage** Shoreline/Fronts e* 01-02400-02-060 1.4 235 01-02400-02-070 1.09 292 01-02400-02-080 0.96 181 01-02400-02-090 1.5 206 01-15375-01-010 0.76 331 Resident Correspondence 2of5 01-25700-01-030 0.58 111 01-25700-01-040 0.71 151 01-25700-01-050 1.98 978 01-32475-01-030 0.91 185 01-32475-01-020 0.9 76 01-3 2475-01-010 0.75 187 01-25700-01-080 1.15 207 01-25700-01-100 1.34 388 01-17350-01-010 0.97 318 01-02400-27-022 2.33 482 01-57250-01-010 1 371 01-02400-02-012 1.78 39 01-02400-02-011 1.03 113 01-01300-77-031 3.6 201 01-013 00-77-03 2 2.96 219 01-02400-02-040 3.36 485 01-02400-02-050 3.19 626 01-25700-00-020 0.26 357 01-25650-02-010 5.8 867 Cannot be Developed / Right of Way 714 Cannot be Developed /Ri ht of Way 46 Average Current Acreage per Parcel surrounding Farquar Lake (acres) 1.679583 Proposed Development: Average Acreage per Parcel 0.83 Parcels/Lots on proposed development are only 49% (less than have) the average size of the current parcel/lot size surrounding Farquar Lake 49% Average Current Shoreline Frontage per Parcel surrounding Farquar Lake (feet) 321.7692 Proposed Development: Estimated Average Frontage per Parcel of new development parcels 163 Lake frontage on proposed development lots/parcels is half (50.6%) that of the average frontage of current parcels surrounding Farquar Lake 50.60% Resident Correspondence 3of5 Number of current Privately Owned Parcels of land with lake frontage 22 Future parcels of land with lake frontage if development is approved 28 Increase in number of parcels with lake frontage 27.30% **Source: Dakota county GIS mapping parcel information. All numbers were manually calculated and are estimates *Source: Approximation bassed on manual calculation of shoreline measurements shown on Dakota county GIS mapping. All numbers were manually calculated and are estimates From: Jennifer Riley Dalseth [mailto: ] Sent: Tuesday, February 14, 2017 9:57 AM To: Bill Sherry; Andrew Nick; Annette Larson; Betty Ann Rabe; Betty Wilson; Doug Dudgeon; Eileen Elliott; Gary Dorman; Jeff Christianson; Jenni Kistner; Joe Elliott; John Loch; John Schreifels; Kara Petter; Kate Christianson; Mark Wilson; Melissa Loch; Mike Loch; Pascal Dalseth; Pat Koehler; Pat Nelson; Raquel Haag; Rick Bruneau; Sara Nick; Scott Dobesh; Simone Koehler; Steve Burrows; Tyler Kistner Cc: Schaum, Jessica; Byron, Jane; Bodmer, Kathy Subject: Re: The Woods of Farquar - proposed development information Farquar Neighbors: We are very concerned about the impact on the lake; the water quality and wildlife with the proposed 7 lots in the development on Farquar. I spoke with Kathy Bodmer at the City of Apple Valley and if you have specific concerns or questions about the development it would be helpful to send them to Kathy prior to the meeting. Kathy would like your questions/concerns one week prior to the meeting so the planning commission can review them. Please send them by Wednesday, the 22nd. She is cc'd on this email. We hope to see you at the meeting on the 1 st! Jennifer Resident Correspondence 4of5 From: Bill Sherry [mailto: ] Sent: Friday, February 10, 2017 5:57 PM To: Andrew Nick ; Annette Larson; Betty Ann Rabe; Betty Wilson; Bill Sherry; Carolyn Buller Doug Dudgeon; Eileen Elliott ; Gary Dorman; Jeff Christianson; Jenni Kistner; Jennifer Dalseth; Joe Elliott ; John Loch; John Schreifels; Kara Petter; Kate Christianson; Mark Wilson; Melissa Loch; Mike Loch; Pascal Dalseth; Pat Koehler; Pat Nelson; Randy Buller; Raquel Haag; Rick Bruneau; Sara Nick; Scott Dobesh; Simone Koehler ; Steve Burrows; Tyler Kistner Cc: Schaum, Jessica; Byron, Jane; Bodmer, Kathy Subject: FW: The Woods of Farquar - proposed development information Farquar Lake Association: Our neighbors Randy and Carolyn Buller are moving ahead with a development plan for their land on the north side of Farquar Lake. Enclosed below and attached is some information about the plan, along with notice of a planning commission meeting on March I" at 7:00 PM at the Municipal Center. Randy and Carolyn will build a home on one of the new lots. They also notified me this week that they intend to host a neighborhood meeting soon to answer questions any neighbors may have. They are working with the city to address environmental requirements and concerns. My involvement in this is limited to forwarding this information, because I happen to be the one with an email list for members of the Farquar Lake Association. You now have all the information that I have, so I am not in a position to answer any questions you may have. I expect you will have an opportunity for questions and concerns at the neighborhood meeting with the Bullers, and/or the planning commission meeting. Bill Sherry Resident Correspondence 5 of 5 Farquar Lake Association Objection to Proposed Cove Development 12-22-2020 Exhibit 2 Apple Valley Zoning Map z � N o .. o o N v W a may_ _ _ _ _ a aQQ - IS aI z.. off o e. a3 - ¢ a a Ott too SAW it! o to o M H 1 1222 a¢dwwa- q a❑❑❑❑❑❑ k❑❑❑■■us U❑■1■■1 _II o❑■■1❑❑ o Nam S eyx Y e 4 $o � Gb 9o," I MI OV v e r f J n f ¢ 6 d n n e '� s 02190NNMH - @190NN1Qlld e _ mm"W Assaw Anvo XNNN"01 e e e d _ d m d d-m e e e e d o m U - q- o n 1 O a` nv.3lWivo iwivaeo "IV ava0- .=Mr i-- -i anvavaao7L - .d 2Jail..i\3a2Jv`J IYvq, z ( s s ❑ piC¢ ��✓. d � - e�4-- n�j/z�- d,uyV �uiuoZ y Ott r �a q a a� mix > a .. Farquar Lake Association Objection to Proposed Cove Development 12-22-2020 Exhibit 3 Farquar Lake Property Analysis Y co J co co LL C i6 O 7 O O U L ^co LL O co L U Q ,C L # (o Q O Ln N T CO T T T OO Ln CO OO OO N T O M T 0) Lii LD CO c M O M O M T U) M M O M T M LI- M T O T w N Ln 0 T � L N N T N M T T O T T N M M M T N N CD M 00 L- LL L O VJ � O O Ln CO OO T OO T O Ln Ln � � M T OO M O CO t,D O) CO OO T � T O O O O T O 0--ON T T N M M O O x x O) co U Q co O O +J � +J O) � O) N N O O O (D O � O 00 O 0) O T O CO O � O Ln O CO O N O T O 00 O O O T N N O T N T T T T C7 N C7 O O Lf) O N O T N N O O O O O O O O O O O O T O O O O O O O O O CD CDN N N N N N T T T T T T T T T T T N N � � N N O N 0 0 O O O O O O O O O O O O O O N O O O r O O O O 0 O O O O 0 O O O 0 0 0 O O O O O O O O O O O O O — O O O O r- O O O r- r- r- O O Ln O Ln O O O O O O O Ln Nt Nt Nt Nt m r- r- r- Nt Nt Nt r- r- CO Nt N Nt Nt CO CO � � r- (D } O } O O N N N N Ln Ln Ln Ln N N N Ln Ln r— N � N N T T N N Ln Ln i O O O O T N N N CO CO CO N N T O Ln O O O O O O N N co m m d T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O T O r O r O T O T O U U T N M qqt U) O 1- M O O T N M 'It Ln (D L- 00 0) O N M T T T T T T T T T T N N N N N e w y w o w y co» CO o A & g CO $ s \ °t _ \ � ®.� \ 7 5 / > 2 E _ ( e I _ -f = _ m%($� ■a /§ T \k� m_©3 S\\E� E—>_o=,E� _ _ _E a- U)Q Co 0) 0Co x7- ±% ± =�2 ¥oE -0o E2 £=2 CLCLW \� R \2 % 77� §god$ = A 2 ■ o.E 0 = ® = E 5 - _ _ o%E-2 ■ m =_ \Ew S02 o 7/\ <_ �S= ��2� �_ $ E_ __wE_=.- £�\%�a%-�% £3 =\%2 E 3-Ea=/u)E\ eLLL >Om ��� ee .�3mo> 23=�°a/�> ° 2 E 2 §(\ 3\a) k0E % = E e o o O- E R 7 <= E 2/ O .E = E E -i E 0 w _ 0 co = u ®° 2 �®� )EE2a)45 =® c= c o o 2 0 0 c% m= = c ■ ._ /__> E u co o = o - - o � _ _ _ _ E _ _ _ U ¢( /\£ k(Kkk ¢\$ \£ < \ 7%$%\7f)$ t E_= E E =U) IL a mo Farquar Lake Association Objection to Proposed Cove Development 12-22-2020 Exhibit 4 Farquar Lake Camp Report 2018 2018 Study of the Water Quality of 184 Metropolitan Area Lakes Farquar Lake (19-0023) City ofApple Valley Volunteer: Jeff Christianson Farquar Lake is located in the City of Apple Valley (Dakota County). The lake covers an area of 67 acres and has a maximum depth of 3.0 in (10 feet). The lake's mean depth of 1.4 in (4.6 feet) and surface area translates to an approxi- mate lake volume of 290 ac-ft. The entire surface area is considered littoral zone, which is the 0 — 15 feet depth zone typically dominated by aquatic vegetation. Since the lake is relatively shallow, it does not permanently stratify and maintain a thermocline which is a density gradient caused by changing water temperatures throughout portions of the water column. The MPCA listed the lake as impaired with respect to aquatic recreational use (nutrient/eutrophication biological indi- cators) in 2002. On each sampling day surface samples were collected for laboratory analysis of total phosphorus (TP), total Kjeldahl nitrogen (TKN), and chlorophyll including chlorophyll -a (CLA). Secchi transparency and surface temperature were measured during each monitoring visit. The resulting data are summarized in tables and figures on the following pages. 2018 summer (May - September) data summary Parameter Mean Minimum Maximum Grade TP (µg/l) 99 59 267 D CLA (µg/l)) 41 16 110 C Secchi (m) 0.9 0.4 1.7 D TKN (mg/1) 1.59 0.84 3.40 Lake Grade D The lake received a lake grade of D this year, which is consistent with its historical water quality database. Continued monitoring is recommended to determine if this recent improvement in water quality is part of a longer term trend. During each monitoring visit, the volunteer's opinions of the lake's physical condition and recreational suitability were ranked on a 1-to-5 scale. These user perception rankings are shown on the following page. The Fisheries Section of the Minnesota Department of Natural Resources (MDNR) has conducted a fisheries survey on the lake. Information on the survey can be obtained through the MDNR Fisheries Section by calling (651) 259-5831 or by downloading the information off the Internet at http://www.dnr.state.mn.us/lakefind/. If you notice any errors in the lake's data or physical information, or are aware of any additional or missing information, please contact Brian Johnson of the Metropolitan Council at (651) 602-8743 or brian.johnson(a metc.state.mn.us. 172 Farquar Lake (19-0023) City ofApple Valley FarquharLake Apple Valley, Dakota Co. Lake ID:190023-00 49 Sampling site Contours in meters 2018 Data r 1 0 100 2w Was Date SURF TEMP (IC) SURF DO (mg/L) CLA (µg/1) SURF TP (µg/ 1) Secchi (m) PC RS 5/6/18 20.8 18.0 62 1.1 2 1 5/20/18 20.7 21.0 72 1.7 1 1 6/3/18 22.4 16.0 94 1.0 2 2 6/17/18 24.6 110.0 267 0.7 4 4 7/1/18 26.8 36.0 101 0.8 5 4 7/15/18 31.1 21.0 67 1.0 4 3 7/29/18 27.7 27.0 62 1.1 3 2 8/12/18 29.6 20.0 59 1.2 3 2 8/26/18 23.5 80.0 112 0.4 3 3 9/9/18 24.0 39.0 82 0.7 3 3 9/23/18 19.6 61.0 108 0.7 3 2 10/7/18 12.1 33.0 68 0.9 3 2 10/23/ 18 8.9 17.0 55 1.3 1 �W 7a 8 zoo N 7 0 190 t a 0 7P0 IL IL Be F 40 0 4130 5120 519 0/2o 7119 an 8128 om iw *27 20 0 0.2 0.4 _ E 0.8 0 1.0 u 1.2 N co 1.4 1.6 1.8 4180 5120 W9 W29 7119 818 8128 9117 1017 10127 5o i i 0 4170 5120 919 9129 7119 WS 6128 9117 1017 10177 1 = Crystal Clear 2 = Some Algae Present 3 = Definite Algal Presence 5 i, 4 lC 0 S M 0 0 2 ra 0 V v 1 a: 4 = High Algal Color 5 = Severe Algal Bloom 0 4130 5120 619 6129 7119 US 8128 9117 1OR 10127 173 1 -Beautiful 2 = Minor Aesthetic Problem 3 = Swimming Impaired 4 = No Swimming, Boating OK 5 = No Aesthetics Possible Farquar Lake (19-0023) City ofApple Valley Lake Water Quality Grades Based on Summertime Averages Year 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 TP CLA Secchi Lake Grade Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 TP C D D D F F F F D CLA B C C D F F F F F Secchi C D C D F F F F F Lake Grade C D C D F F F F F Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 TP F F F F D F D D F D D D CLA F D C D F F D F F C F D Secchi F F F F D F F F F D D D Lake Grade F F D F D F D F F D D D Year 2016 2017 2018 TP D C D CLA D C C Secchi D C D Lake Grade D C D Source: Metropolitan Council, EPA STORET, and/or MPCA EQuIS database(s) 174 Farquar Lake Association Objection to Proposed Cove Development 12-22-2020 Exhibit 5 Aerial Maps of Apple Valley Lakeshore and Proposed Cove at Farquar Lake Development k,ty; 14 Farmers Insurance �'' " ���^-• `s, �,",` ' �� r ��,h " Kara Peftar ` '4� �. b �h 5 Farquar La?ky ke �'" �° � Evves [Hoot Pkwy .Ever' m�onrPkxry wi w � .� $ Farquar^Park c a' zO F �' , s" h � � w � ` ,i '' � � '`..!nicer lN'."' ��• r " � R � f it 1..4 �'� .."ant 1E. ioC �= Y! 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A'�hy "' ,..-- M a Cobblestone �`r m t, v4 T+� f"'�,,..C:ot7bfesto ie�J�ake �r3il�""'�J� Fork m Cobblestone Lake a G, --•Cobhl—wna Lake Trsif--. ,,.. �- C,chhJeg�o�1�_f:akElnrl Ceb a \eStal ��y. doh Idk I� a �� I � , a 9 "� i � ,� �,Y _. V �u i � w � �� i � 9�, N , I I' I, � u I • �� � it •�N e .. 4 � `� , y` ... ;'_� ,' 'T " .. 4"h� '�� � � � <dr r '. � .� `� ''�'w ��"` �,,'` � ` ••� � � '�' � it i li �I �' lu� At ry i e lip ri,{, 1 " tlNI.I 41 �" • j� �r�W. M,� �. r • t �. .�' � � , 1. .,, ,I, •AAt ,f�, r � i I ♦f i w } I�I�I 1jillill,l �r , � G� j �'; f r � f, �� �yy t , i •r t • Q� r�rr r r "�• 1 11 +1 •+�' / IIII, I. ii foe, f'> . ♦ „„sue 1 � r I� 1 •� �, 4 t �i �F i At� • AI any / • .-1 f , 'aj •) " 11 I ` rr+ J - ,�/� ��,�, .f k��*v<�.� �, '`;fir Mr".}�1 •�� I � . �'i� j6o � ��e,..,.....,� ,A1�r .� ��i,iSf�i�`*� ,�i "• r�af' . '�," c% i��:�i�l�li�� 1I�i��� � �', � �• - ,' Af�� ,�� w�i�, �•^I��'•I4: ��rM 'i,ly�f�I '�•�r ,r „I, .�,•.I ...., �.. j t, ' �. ti... �' Via. � " °��.� f ���" � �. f•1!*• • '1 .4r; ../ � �• p I � I I I ;MM 2"1—vj 1��&,I Mrli.y ol m w I/ m 0 wh�j mi i w p N r. r � 3jsrR" ALL mi � m p m .. ►:.r , l.li.l�i �� •. o �, r w: Tr��.,dl r p e, W" �� i 4 1 • � MIM , kv , I &1 4 ! it, � ~� » � ^\r � Em 5 ONO. - OR • lAd A -m� �,71.lmlvjmmlm I I, I I j�gqIII� 6 Jill 1� A Pam and Steve Schmidt _ Diamond Path Apple Valley, MN 55124 Re: Buller Property RE-Zoning/Development To the Apple Valley Planning Commission, City Council. First, I would like to thank the city of apple valley Planning Commission for reading and listening to the concerns of those residents that live on admire and help maintain the natural resources we hold dearly. Recently there was a meeting held at the Buller family residence to show the plans for a new development that is very different than the original plan proposed a few years ago. During this meeting many discussions were had with the developer and the Buller family representative and we, (Pam and 1), have some concerns on the direct impact to our property. We would also like to address the natural resource we enjoy and maintain daily. The direct impact to our property and unbeknownst to the developer is the drainage of rain and snow. Recently the city and county upgraded the fire hydrants on Diamond Path and during that, some of the slope had changed and thus the water runoff to our property has increased and has caused erosion issues that are still under repair/development to control. The developer's plans did not address the increased runoff to our lot or the neighbors the Nick residence Who's land butts up next to the proposed development. Other items of concern are the natural resources. The city of apple valley has spent a lot of time and funds to maintain/develop Farquar lake into a fun and enjoyable family lake for families to take their kids fishing or boating on at any time of the day or night. The use of larger boats is very sporadic and only those that have been long term residence on the lake who know and respect those who live around the shores. Ice fishing is very important as well. There may be four to eight ice fishing spots filled daily and even more on the weekends. The ability to provide boating slips for 17 more boats would not provide a safe place for families and could potentially cost the city and DNR a salary to provide policing of the licensing and water safety procedures on city/county waters. Lastly is that during the conversation with the developer, they had stated that all the trees on the property would have to be removed. We as lake members and city residence have spent considerable time and funds to keep the land as nature friendly as possible. On any given day we can see fox, coyote, Deer, Racoon, Multiple species waterfowl, Swans from the MN Zoo, Ducks, Geese, And the most recent residence to build a home is a pair of our nations symbol, the bald eagle. They nested just this last year on a point and had their first eaglet (from what residents have said) this spring. We watch adults train their young eagles as well and we enjoy watching this display form our deck or lawn chair. We can also see many birds from Hummingbird to Pileated woodpeckers. We are coming to you as residence to ask of you to consider all of these things when making a decision on the Buller property. Thank you. Pam and Steve Schmidt 000 *see 0000 ITEM: 4.B. ... Apple PLANNING COMMISSION MEETING DATE: December 16, 2020 Valley SECTION: Public Hearings Description: Apple Valley Square 6th Addition Staff Contact: Department / Division: Alex Sharpe, Planner/Economic Development Specialist Community Development Department Applicant: CAR Apple Valley Square, LLC Project Number: PC20-21-SV Applicant Date: 11 /18/2020 60 Days: 1 /17/2021 120 Days: 3/18/2021 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. SUMMARY: For your consideration is a request for a preliminary plat to subdivide one parcel into two separate lots, required parking stall variance, and site plan/building permit authorization. The subject property is located at 15125 Cedar Ave, in the southwest corner of Cedar and CSAH 42. The applicant and developer, CAR Apple Valley Square, LLC, is seeking to create an additional parcel for a Chase Bank with drive -through. Staff has been working with the property manager, Regency Centers, for 2-3 years discussing the proposed project. The primary concerns have been identified as the following: • Required parking stall variance • Limited landscaping, and • Availability of public utilities Additional detailed analysis for each of these items are provided in the background section of this report. BACKGROUND: Comprehensive Plan and Zoning The site is guided "C" (Commercial) and is zoned "RB" (Retail Business). The use of the property as a bank is consistent with the comprehensive plan guidance 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. Preliminary Plat The applicant is seeking to subdivide the property into two lots. In discussions with staff prior to formal application, the City stated that subdividing the property was the preferred path for new developments. City Code allows for multiple principal structures on one lot, examples of which can be seen in this development/center (Chipotle building). Site redevelopment is traditionally more challenging and requires flexibility from the City and the developer, which is noted as a key goal in the Comprehensive Plan. Recent examples where the City required subdivision include the Chick-fil-a and SmashBurger lots in front of Cub Foods. The Planning Commission may also recall the preliminary plat subdividing the lot to the south of this parcel, which is owned by TLM, LLC. The City has been consistent with it's requirement that a lot separate lot be created when adding a new structure, and therefore public utilities to a site. The subdivision of the parcel to the south has not been finalized by the applicant. The City approved the preliminary plat, but the applicant has not brought forward their application for a final plat, that action that would formally create the new lot. The proposed plat would split the existing Lot 1, Block 1, Apple Valley Square 5th Addition into Lots 1 and 2 Block 1 Apple Valley Square 6th Addition. Site Plan The site plan proposed a 3,060 sq. ft. Chase Bank with a drive -through. No new access points to public roads are being proposed as the site will use existing internal circulation to direct traffic. The site is currently 100% impervious surfaces for areas outside of Cedar Ave easements. This presents a challenge for meeting landscaping requirements. An analysis of City Code requirements are included below. • Minimum lot area required: 15,000 sq. ft. Proposed: Lot 1 - 19,386 sq. ft. Lot 2 (existing lot) - 161,599 sq. ft. • Minimum building setback from principal arterial roadway required: 50' Proposed 97.18. • Minimum building setback from side and rear lot lines: 15', Proposed: 17.9' - 35.26'. • Minimum parking setback required along public streets: 15', Proposed: 19' and shared parking lot. An existing internal drive -lane on the west side of the site is proposed to remain, which provides south -bound access to Cedar Ave. The drive -through provides for the required stacking of six vehicles, and includes a bypass lane, a standard practice within the City. Required Parking Spaces/Stalls Variance This site was originally developed in the 1980's with the most recent subdivision in 2013. Originally the primary structure was a mall and was eventually converted to a grocer in the 1990's. Since that time, the number of parking stalls has not been affected but the site has not met code requirements based on the large sq. ft. of the existing building. By code the site requires 351 parking stalls, but the existing parking on -site is 245. See the table below for the total stall counts pre- and post -development. ParkinLy Variance Considerations Total Existing Parking Stalls 245 Existing Parking Shortage 106 Parking Stalls Proposed to be Removed 39* Parking Stall at Chase Bank 14 * Includes the 14 stalls at Chase Bank As noted previously, staff has been working with the applicant to determine whether there would be negative impacts to surround properties if parking were reduced on this site. To address this concern the applicant has submitted a parking analysis memo performed by Rani Engineering. The study was completed on March 18th, with measurements taken prior to this date. This places the study after the redevelopment of the site with the recent new users, and just prior to the pandemic. Both of these events would significantly impact the analysis were they not included. The key findings of the analysis was that at peak use the parking lot for this site utilized 58% of the parking stalls with the average peak use at 29% usage. The full study, and parking analysis of the site are attached to this report. Staff is comfortable with the analysis and will propose conditions to the variance that should any significant redevelopment of the site occur, or should a new user that has more intensive parking demands/requirements locate in the center, the City shall have the ability to request parking analysis from the property owner. Variances are recorded with the land, so these requirements would stay in place in the event of a property sale. Site Grading The site is currently 100% impervious surface outside of Cedar Ave easements. The grade is minimal but will need to be adapted to accommodate the new underground stormwater treatment/storage. Building Elevations The proposed building is proposing to utilize cement panel boards, similar to other recent developments within the City. These panels provide for a range of textures and patterns which meet the requirements of the ordinance. The building also seeks to create architectural interest through the use of anodized aluminum panels, which are maintenance free and meet the code requirements for percentage of building materials. The structure has four-sided architecture, meaning the materials utilized are consistent from all sides, creating an attractive face for all views. Site Landscaping City code requires that landscaping shall be installed on site at 2.5% of the means construction cost of the building. Currently, the site has no landscaping features, so any plantings are a considerable improvement. However, the landscaping as shown will likely not meet the base requirement, as noted by the City's Natural Resource Specialist. This is common on redevelopment sites within the City and as such the City has taken decorative elements in lieu of plantings. Examples of these include decorative concrete, improved pedestrian connections, and private art for public view. Prior to a recommendation from the Planning Commission the applicant shall provide an estimated landscape budget, and demonstrate how the 2.5% requirement will be met. A standard condition of the building permit authorization will be that an actual landscape bid be submitted with the building permit to ensure compliance. The Natural Resource Specialist has also advised that proposed plant species are too large for planting islands shared by a fire hydrant. The applicant shall find suitable species to ensure proper clearance and access for fire hydrant access. The proposal also relies heavily on a single species, Day Lilies, and is advised to diversify plant species to ensure proper health in the future. In addition to the landscaping required on the site as part of the development, the code also requires that the parking lot be brought into compliance for the number of landscape islands and tree cover. The City has been flexible with this requirement on redevelopment properties, particularly on the existing lot. As there is already a significant parking variance required for the site, staff and the applicant have suggested installing two new landscape islands adjacent to Cedar Ave. This is a significant improvement over existing conditions, allows for two substantial trees to be planted within view of Cedar Ave, and several shrubs to break up the parking lot massing. An additional benefit of these islands is that they also help to prevent users from cutting through the parking lot outside of drive -isles. Site Utilities Site utilities are likely the most challenging aspect of the project, particularly access to water and sewer. City code requires connection to public utilities when the utilities serve more than a single lot. Current plans do not meet this requirement and will be required to meet code requirements prior to a staff recommendation to the Planning Commission. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Zoning Map Plan Set Memo Elevations Background Material Background Material Applicant Letter e >r Approximate Bank Location - a I 46�L JAL r . no.- �Tl r i f.. k w D I atih I b, fil r ragnv I smbiy 77, � r b B si h _ 1ser# r 1 S Apple Valley Square 6th Addition N W*1 S Aerial Location Map � o W VJ VJ • r--� V V a � z '2 =_ ?z - SAS, =��i3 SN vi wlpy�rc USE <zo N - 9.1 _� =om 2pz _ N= z�, u8m mam a -- -- -- (3nN3Ay SVG33) R—ON'HbS'J�-- B <' 80 IT I=II dam° _. 3z 5� 3 h- �aa c� --_------_----------- oL 3 a----------- .o---J ---F8 m �T3 W w g3oV� W W 33£ 3ry W z oo` a /1 U Ali tz / M z W a QS o Qu a o Iz u LA o W u d$ b $fib yY 4 3a WLU a �x£e �°bf (3nN3Av svc33) rFF 6 �r sss\ I I a O aS moo, III 3 A a 99gs3=F�aa I I � a m 0 s 8 - a - - � a I ;35.26" 0WI WZ oP�aM m O� - - _ i I s ;DAR AVESOUTE IB'LL - m m tl r r N 2 -33'MHz- O' rvNeNmnmm N13 a Qu `o o � py _ _ U a� _oEM j'�a - �a �s==mRW m",-Ao- U < - LL� _ oa$m�m - <sz - m $ wj $ z _ a' H <s o a m .. w m _ a' - �� Iz<o�No�rcwp apz $m __ z _ - a a o l • _ 0628 Np wppoaa A9 ��I �� �N �a a== LL�LLe� -� a� i I -w _ p=w� Is mp �_ moo - au _ -, r2m1pF WO d.E I$x o k _ -- o N mho �N _ _ - oz haw - w - - 5ooW W NO - p a w�aN woo F - i - w €z v� p< �ro< 3Fd �Rm - _ Qr rw z6 LLrc� m� mm - -< _ - - z - = N bm _ boa - p �: _-zmw z P. <I _ ow 0 8�om AS,r lw -- "_ - - -8z.sE - rcN lz �g m� Z - - ig - ' UD _- $o a ow-oz o rc zp M� - - ffiz— zw- 1p gym= — lz - I mN uaw� mr �� rc� �i$amw aFx w ewe �iu� w o Eo S. mo$3oa z,�o - ayd uxf> w -arc�y mNpuu _ ow �m - �90&z _un Hcd53am�nrccsm m�mmm a<a<wI casu3w' r XF XO c5 p6>r000 oMo- ,Az - - zo j�z orcm aNao€a - `bu - € _ Ax IX _U ip <__ _ .wg -U3 -s6 z lop ww oz - uuxi[iiuu3ao¢�uu O ,��Z _-_'o Uwmo - z - N19 s'oz Ozo .rm o-Rzw I wu a. pFno i z Zzo SwmU m _ 3 -i» a zuxfmoaxpz� a map NN' M.-_=�0 3���s�W a�� - -FIX M ZW€ two _ - <<a= - _od a r rW<oUM uammm «<mm u 1 - dm > „ u � a In O In z�¢ p5 3� 0o 03 W & ' s rm S® . 4.M_ J� z—i"a o w� g u1S�m: Sq Q� 1 lo+ W 6o J I a p Yp Y�o 3a m� CEDAR AVE SOUTH a 4, nPn n n a City of Apple Valley TO: Alex Sharpe, Planner FROM: Brandon Anderson, City Engineer DATE: December 10, 2020 SUBJECT: Regency Centers Apple Valley Square — Chase Bank MEMO Public Works Department The following are comments on the Regency Centers Apple Valley Square — Chase Bank site plan dated November 18, 2020. 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. • The developer shall identify whether site utilities will be installed under private or public contract. • Underground Infiltration Basin Construction and Maintenance Agreement will be required as part of Development Agreement and be privately owned and maintained. • Traffic Forecast Information (TIS) has been submitted and reviewed by City Engineer. No additional mitigation is anticipated. • A drainage and utility easement shall be provided over the existing sanitary sewer and water main. The width of the easement shall be 20' minimum per City of Apple Valley Public Works Policy (actual required width based on width requirements of 1.5:1 slope to invert ratio from pipe depth). • Existing Center concrete Median at Cedar Avenue RIRO will require new B style curb and gutter and concrete median to prevent driving over the existing median to enter the site from SB Cedar Avenue. It is recommended that an additionally marked "NO LEFT TURN" be placed in the center concrete median near the site entrance from SB Cedar RIRO to clearly delineate traffic flow. Storm Drainage, Grading and Erosion Control • Provide soil borings at proposed underground basin prior to building permit approval. • Additional ESC devices may be necessary outside project limits to address material haul out and staging areas. • Provide the overall site composite Curve Number (CN) along with the impervious % on the grading plan. • Per SWMP Policy 1.5 the City requires that new development and redevelopment activities do not increase peak runoff rates relative to pre -project runoff rates for the 1-year, 2-year, 10-year, and 100-year critical storm event. The City may impose more stringent rate control requirements if the capacity of the downstream system is limited. • Per SWMP Policy 6.5 New and redevelopment activity of 0.2 acres or more shall be required to achieve no -net increase in average annual runoff volume compared to the pre -development condition. Utilities • Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. o Provide storm sewer calculations for storm water requirements. (Rational method including Hydraulic grade lines). • Storm Sewer pipe from CB 340 should be shown routing to CB 330. • Storm Sewer MH 100 is shown connecting to private storm sewer off the property and shall be connected to public infrastructure. • Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. • Any existing sanitary sewer and water service not being used should be identified on the plans and shown as either removed or abandoned in place. Any existing sanitary wye's 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. • Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. • The existing water main that is shown as being connected to is privately owned. Water main connection to a new lot must be to public water main. • Water main wet tap shall be in accordance with City of Apple Valley standard detail plate WAT-5. • The existing sanitary sewer that is shown as being connected to is privately owned. The sanitary sewer must be dedicated to the City of Apple Valley due to multiple lots being connected to a single lateral. The existing sanitary sewer should be televised with reports being provided to City of Apple Valley for review. The sanitary would either need to be upsized from the existing 6" to 8" minimum or install a new 8" PVC pipe per City Standards. Sanitary sewer would need to be dedicated in a drainage and utility easement for access by City of Apple Valley to maintain. o The Apple Valley City Code citation for direct connection to the City's sanitary system is 153.62 (A) (2). This is in the subdivision regulations. If the new lot wants any sanitary sewer service, then it must connect to city's system when "accessible" per the City's municipal utility regulations in Chapter 51. o This is a new development on the property and thus, the City will not allow yet another lot/user to connect to the existing private line that runs through and serves the uses on the northeast corner of the property. Natural Resources • Protect trees in Dakota County right-of-way throughout construction. • Several proposed parking lot islands containing landscaping and the only two trees are shown outside of the property limits. Provide additional landscaping to meet City standards within the property and site boundaries. • The proposed parking lot island to the west shows a future fire hydrant, surrounded by 4 Mint Julep Juniper shrubs. The mature size for these shrubs is 4-5' tall. Substitute these tall evergreen shrubs for lower -growing plants or omit to maintain fire hydrant clearance. • The proposed plant schedule is heavy on daylilies (34% of the schedule). The City encourages decreasing the daylily quantity and planting more of the other native species in the schedule. U U S o ?o 3 w¢ >wx aaa a w w U UU NK mOo> ¢O =O UUx O zU U aw =w UD ¢ ,I O iZ ZaZ6 EYE WY� LL¢Z U >U �m¢ o iOQ KK Utt wUUi O O U U K o ¢ O c O O � z 0 Q w J w w w Im z 0 i w J w 2 F- D 0 m n� a N j � dQ C c N mat 0000 Q) U((0 M�Z � .�.J O)d) U C 6c)c) d N U O O)Umw 2L Q(n ( NNa 2 L-p L M(`7Q v i Z O W J w o J N 0 a 04. ry N CD w U ry Q W J J Q W J � °z � } C0,6 w � 7 J 0W w W5a Uo Q z m -O DO pN =w Up tp FO z�O Wy3 HmJ dm< 4 O 0 a� O UO 0o FO h � Z 0 Q W J W CO W Z 0 Q W J W 0 Z vJ Z O \a W J W O J N O N� N L_L 0) N O U w U a W J J a W 0 13- J 0- LU �a> > 0 a°'� U �} < WN J 7 J ate, 0 >. W W�a UAa z Z)O L ww > J W co a w t z O �Q �> F-w ww >x O >r OU >i 00 y¢ FN �m i0 O �o W Of x� U)z 00 z Q Ww ai w mz WO a> J Q W W S 0_ , GD N Q c ar�ooE U_OOTz N�JOm U ❑ MM N N U OWN � OL :E 2 L p L M M Q a HNUww� U) z _0 W J W J ry H U w U ry Q RANI engineering MEMORANDUM To: Chuck Gilmore— Regency Centers From: Andrew Wells, PE — Rani Engineering, 612-455-3322 x115, andrew.wells@ranieng.com Date March 18, 2020 Parking Study Revision of Apple Valley Square Subject: 7500-7600 West, 150th St W, Apple Valley, MN 55124 Rani Engineering has revised its initial parking study of Apple Valley Square parking lot to include the data for the area in front of Five Below, Salons by JC and Xperience Fitness facing Cedar Avenue, as per your request. The counts were done at varying times, three times per day for five consecutive days, including three weekdays and two weekend days. Counts were done in the morning (between 7:00 and 10:00), during the lunch hour (between 11:00 and 2:00), and in the afternoon/evening (between 4:00 and 7:00). Counts were taken at different times each day to obtain an accurate sample during each of the three time periods, and to accommodate for variations in peak demand periods and business hours. The section of the parking lot contains 245 total spaces, including 8 marked ADA-accessible spaces. The peak occupancy observed for this section was during the afternoon count on Tuesday, with 58.4% of parking spaces occupied. Average occupancy for this section was approximately 29%. WEEKDAY COUNT -- OCCUPIED PARKING SPACES Morning Noon Afternoon (7:00-10:00) (11:00 - 2:00) (4:00 - 7:00) Average per Day Mon 2/3/20 42 53 100 65 Tues 2/4/20 47 55 143 82 Wed 2/5/20 47 58 122 76 Average Occupied 45 55 122 74 Total Spaces 245 245 245 245 Percentage Occupied 18.5% 22.6% 49.7% 30.2% Percentage Available 81.5% 77.4% 50.3% 69.8% WEEKEND COUNT -- OCCUPIED PARKING SPACES Morning Noon Afternoon Average (7:00-10:00) (11:00 - 2:00) (4:00 - 7:00) per Day Sat2/1/20 116 100 60 92 Sung/2/20 39 65 36 47 Average Occupied 78 83 48 69.3 Total Spaces 245 245 245 245 Percentage Occupied 31.6% 33.7% 19.6% 28.3% Percentage Available 68.4% 66.3% 80.4% 71.7% 2912 Anthony Lane, Suite 100 1 Minneapolis, MN 55418 1 612.455.3322 1 www.ranieng.com civil engineering land surveying systems engineering Passionate Team. Customized Solutions. Planning Commission Apple Valley Square Shopping Center Apple Valley, MN November 13, 2020 Introduction and Background Regency Centers Corporation ("Regency Centers") is requesting land use approvals for a new Chase Bank building ("Project") as part of the existing Apple Valley Square Shopping Center located at 7500-7600 West, 150th Street West ("Property") in the City of Apple Valley ("City"). The Project applications include site plan review, a conditional use permit (CUP) for a drive thru, a parking variance, and preliminary plat. Regency Centers owns and operates the Property and is proposing to develop a portion of the existing parking lot into a standalone bank building with a drive thru. The Project is located adjacent to Cedar Avenue just south of the entrance driveway to the Property. The bank building exterior designs brings a fresh, updated look that will reflect the character of the recently remodeled shopping center. Conditional Use Permit The Project requires a CUP for a drive thru and is consistent with the required CUP findings under City code Section 155.399 (D) as follows: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. This Project will not be detrimental or endanger the public health, safety, or general welfare. The Project will occupy the corner of the existing parking lot. It is located immediately adjacent to Cedar Avenue in a portion of the parking lot that is furthest from the existing stores. The proposed building will improve the value of center and adjacent properties. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions. The Project is consistent with several policies and goals of the City Comprehensive Plan ("Comp Plan"), including the following: Goal 4.2: Land use conflicts are minimized to maintain the functional integrity of distinct uses and individual property values. Policies: The face(s) of buildings containing a drive -up facility (such as a bank teller window) may not be located adjacent to a residential use unless a suitable buffer is approved. Goal 4.6: Apple Valley will attract and retain businesses that provide wages above the metro -area average and benefits, which can sustain a family. Policies: The Land Use Plan will be guided to encourage manufacturing, finance, information/technology, medical, bio-medical, and healthcare -related businesses to locate in Apple Valley. Goal 4.8: The City provides a flexible framework to encourage property maintenance and facilitate infill redevelopment and adaptive reuse to sustain an attractive environment and prevent the creation of blight. Planning Commission Apple Valley Square Shopping Center Apple Valley, MN November 13, 2020 Policies: The City will encourage redevelopment when properties are no longer cost- effective to maintain. Goal 4.11: The City will manage parking supply to reduce the amount of unused surface parking. Policies: The City will encourage opportunities for shared parking arrangements, new parking ramps, and other schemes to reduce the demand for excessive/ unused surface parking. Policies: The City will evaluate parking requirements for existing commercial uses and actual parking demand for existing commercial development and will adjust requirements if necessary. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. The Project will be designed with an aesthetic and quality consistent with the recently updated retail shopping center on the Property. The additional landscaping will reflect the existing landscaping scheme and the Project will be cohesive in design and character with the Property and surrounding uses. The Project is consistent with the destination and convenience -based retail uses of the neighborhood. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. The Project will be served adequately by existing essential public facilities and services and will maximize the efficiency of existing utilities and services. The drainage impact of the Property will not be impacted, and the CUP will allow for a more efficient use of the Property. Storm water retention is being provided for on the new lot. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. All operations and processes will occur within the structure or at the drive thru window and will not be hazardous or detrimental to any persons. There will not be any excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Traffic flow should not be affected, since existing driveways and circulation will remain unchanged. There will be no include in congestion in the public street and all circulation for the Project will occur within the existing parking lot. 2 Planning Commission Apple Valley Square Shopping Center Apple Valley, MN November 13, 2020 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The Project will occupy a portion of the existing surface parking lot. There will be no destruction to any natural, scenic, or historic features. Parking Variance The Property is unique as it is an older shopping center that has been remodeled several times to adapt to changing market conditions. At one time the Property was an enclosed mall which was later re- designed to become an exterior -facing shopping center with a grocery anchor. As times and market needs have continued to change the center has been re -tenanted to include a fitness user, salon and retail tenant in place of the grocery anchor and the fagade updated to a more contemporary aesthetic. When reviewing the Project, it became apparent that despite having an excess of unused parking, the Property did not meet the parking requirements under the City Code. Regency Centers is seeking a parking variance to address the parking deficiency. In light of the COVID-19 pandemic, we are seeing an increase of the already common trend towards use of drive thru facilities to maintain safe distances. In addition, many consumers are having groceries, meals, and other items delivered to their homes. This ongoing trend is likely to persist for the next several years and produces a reduction in the need for seas of parking lots at local shopping centers. Regency Centers is seeking a parking reduction to 192 spaces provided in Lot 1; 206 spaces total in the between the Project and Lot 1. The parking requirement reduction is appropriate as there is ample shared parking throughout the center. The Project meets the required variance findings under City Code Section 155.397 as follows: Special conditions apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; The Property consists of an integrated mix of commercial uses with varying peak parking demands. The nature of the shopping center is that many customers will visit multiple properties in a single trip or patronize individual tenants at different times. The result is that despite having an overabundance of unused and empty parking spaces, the Property is currently nonconforming as to parking. The existing nonconformity is unique to the Property and constitute practical difficulties. The combination of uses and changes in parking requirements over time result in the requirement that any new use would require a parking variance. These circumstances are unique to the Property. 2. The granting of the proposed variance will not be contrary to the intent of this chapter; The purpose of the City's off-street parking requirements under City Code Section 155.370 is as follows: "Regulation of off-street parking and loading spaces in this chapter is to alleviate or prevent congestion of the public rights -of -way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking." Planning Commission Apple Valley Square Shopping Center Apple Valley, MN November 13, 2020 Regency Centers engaged Rani Engineering to complete a parking study in February 2020 (pre-COVID- 19) that found the average occupancy of parking was approximately 30% with 70% of stalls available. This demonstrates that the peak demand is well below the minimum parking requirements. The variance would not increase congestion or eliminate parking spaces that are necessary for the operation of the Property. Accordingly, the variance is consistent with the intent of the ordinance. 3. The special conditions or circumstances do not result from the actions of the owner/applicant; The circumstances that necessitate the variance are a combination of the existing tenant spaces on -site and the changing minimum parking requirements that have occurred over time. These nonconforming circumstances are not the result of the owner's actions and existed prior to Regency Center's involvement in the Property. 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and The variance will not merely serve as a convenience as any expansion requires a similar variance. The existing parking on -site far exceeds the demand of the uses on site but does not currently meet the existing parking requirements. These circumstances result in practical difficulties that require any expansion of retail uses on the Property to obtain a variance, even where they are reasonable and consistent with the City Code. 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The variance requested is the minimum variance necessary to alleviate the nonconforming parking on - site. The proposed variance would vary the parking to the amount necessary to keep the existing retail uses on site and serve the new bank Project. The design preserves as much on -site parking to function as a shopping center without eliminating parking unnecessarily. 4845-2470-9330, v. 3 4 000 ::�: 0000 ITEM: 600 Apple PLANNING COMMISSION MEETING DATE Valley SECTION: 5.A. December 16, 2020 Land Use / Action Items Description: Apple Valley Golf Course Rezoning - PC20-22-Z Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: City of Apple Valley Project Number: PC20-22-Z Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: If the Planning Commission concurs, staff is recommending that the Apple Valley Golf Course property, located at 8661 140th Street West be rezoned from "P" (Institutional) top "LDF" (Low Density Flex). SUMMARY: For your consideration is a request to rezone 23 acres of property from "P" (Institutional) to "LDF" (Low Density Flex). The property is located at 8661 140th Street West and is the site of the former Apple Valley Golf Course. 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. The site is relatively level with the exception of a couple of small elevation changes near the second and ninth greens, and along the northern and eastern edges of the property. The site directly abuts single-family residential to the north and west, and two community collector streets to the south and east. Three wetlands are located on the site as well as mature vegetation established as part of the golf course operation. These features were established as part of the development of the golf course. Any development on the site would need to adhere to regulations related to wetland management and tree removal and replacement. Public Hearing Comments: A public hearing on this amended request was held on December 2, 2020. Staff is providing a synopsis of the comments from the public hearing, with staff s response. A comment was raised about the amount of acreage not available for development. Staff Response — There are areas within the golf course property that will limit development. They include three wetlands totally approximately 1.5 acres, 2.55 acres that is currently part of a Northern Natural Gas underground pipeline line easement, and 1.4 acres of right-of-way for 140th Street West and Garden View Drive. With regard to the pipeline easement, it is Northern's philosophy to prevent encroachments, when possible, by working with agencies and developers to design projects outside the pipeline easement. Many of Northern's easement agreements prohibit encroachments and Northern will enforce applicable provisions in its easement agreements where it believes the continued safe operation and maintenance of the pipeline could be threatened. Where Northern determines that an activity can be undertaken without jeopardy to the pipeline system, Northern will require an encroachment agreement or issue an encroachment permit depending on the type and scope of activity proposed. Some examples of activities/work that may occur in the easement include; * Street and road crossings * Fencing, retaining walls and terracing * Landscaping and planting of trees * Residential water lines * Residential television cable * Small diameter drainage or sewer lines * Residential electrical lines * Fences that do not cross pipeline) * Residential sprinkler systems * Residential driveway Other activities subject to an encroachment agreement are determined on a case -by -case basis. Finally, their ideal subdivision layout would be to have the entire easement width is reserved as an open space trail or green belt. Use of the existing pipeline will be addressed as part of a development proposal for the golf course property. A comment were received about putting some of land aside for park land. Staff Response — Determining park dedication for a development proposal is addressed at the time of the subdivision of a property. Section 153.29 of the City's subdivision ordinance requires as a condition of approval, the subdivider shall dedicate a portion of any proposed subdivision for public park, recreational facilities, playgrounds, trails, wetlands, or open space. In lieu of a conveyance of all or a portion of dedicated land for park purposes, the City may require a cash payment in the amount equal to the fair market of the land to be dedicated at the time of the final approval of the subdivision. A comment was received about the amount of land not suitable for building and the impact that will have on the permitted density. Staff Response — The City establishes zoning districts, which identifies uses and area requirements. These area requirements identify building setbacks, lot coverages and density ranges. The density range for the "LDF" zoning district is a minimum of three units per acre with a maximum of eight units per acre. When determining net density, wetlands and water bodies, public parks and open space, arterial road rights -of -way and other areas protected, such as floodplains, steep slopes, bluffs, etc. The site has a gross area of approximately 23 acres. Factoring out the 1.5 acres of wetland and 1.4 acres of existing right-of-way, it leaves 20.1 net developable acres. This would theoretically allow 60 -160 dwelling units. Zoning serves as one of several regulatory the tools available to the city when considering a development proposal. Those tools include the subdivision ordinance, platting requirements, the natural resources management code, wetland regulations, safety and maintenance codes, building and fire codes. These tools will be also used when determining the number of units that will eventually be constructed on a property. A general comment was made about the proximity of existing parkland in the vicinity of the subject property. Staff Response - The City promotes diverse recreational opportunities, services, facilities, and trails through the Parks and Recreation Department. There are currently 54 public parks of various types distributed throughout the city. These include neighborhood parks, community parks and special use parks. Neighborhood parks are located to serve residents with a half -mile radius and offers a variety of services from basic recreation, such as a playground, small playfield, and a picnic shelter. Sunset and Wildwood parks are such parks that are located within a 1/2-mile of the golf course neighborhood. The area around the golf course is also located near two community parks, which are designed to serve a larger population. These parks provide intensive activity such as ballfields, several picnic shelters, one or two playground areas, and open space areas. Examples of this type of park is Hayes Park, a 25-acre park, located within a mile of the golf course; and Alimagnet Park, an 85-acre park that has areas for both passive and active recreation. Access to this park is within a 1/2-mile of the golf course property. Like all development projects in the city, the development of this property will require park dedication. The City will have a choice of taping the dedication in land, cash -in -lieu of land or a combination thereof. This will be determined at the time of approval of the subdivision of the property. A concern was received about creating a new zoning district and the precedent that it would be setting. Staff Response — Cities use zoning to guide development and to ensure land gets used in a way that promotes both the best use of the land and the prosperity, health and welfare of residents. At this location, the proposed zoning emphasis developmentthat compliments low density uses and buffers traffic volumes with present and proposed uses. Like a comprehensive plan, the zoning ordinance is a fluid document and amendments are made to the text and map that reflect ever -changing conditions. These amendments may include the establishment of new zoning or planned development zoning districts. A comment was raised about the lack of crosswalks in the area. Staff Response - Currently there are marked crosswalks at 140th Street West and Garden View (at the traffic signal) and at 140th Street West and McAndrews Road (at the traffic signal). A requirement of any subdivision of this property would be to add an eight -foot wide bituminous pathway along the north side of 140th from Garden View to approximately Holyoke Lane. This addition will greatly benefit pedestrians to get to a marked crosswalk from the north side of 140th without having to cross 140th to reach a pedestrian route. 140th Street is a 45 mph four (4) lane undivided roadway. Marked crosswalks alone are insufficient and pedestrian crash risk may increase by providing marked crosswalks on this type of roadway other than at established intersections. Other treatments, such as additional traffic signals or other pedestrian facilities would be necessary. The use of mid -block crosswalks is generally discouraged unless an engineering study determines a specific need for this type of crosswalk and shall confirm with the MN Manual on Uniform Traffic Control Devices (MUTCD). A question was asked why the City of Apple Valley is the petitioner. Staff Response - The Municipal Planning Act mandates a procedure for the adoption or amendment of zoning ordinances. The city council, the planning commission or property owners may initiate an amendment to a zoning ordinance. In this case the City has initiated the rezoning request in order to bring it into conformance with the "LDF" designation on the 2040 Comprehensive Plan Land Us Map, which is also a requirement of the Municipal Planning Act. A comment was received stating that low density would be the best fit for this area. Staff Response — The City's Comprehensive Plan identifies five residential designations, "LD" (Low Density Residential), "MD" (Medium Density Residential), "HD" (High Density Residential), "SIHD" (Suburban Intensive High Density) and "LDF (Low Density Flex). The "LD" designation allows for housing densities that range from 2-6 units per acre. Zoning districts within the designation are "R-1", "R-2", 64R-3", "R-CL", 64R-5", 4M-1", 64M-2", 64M- 3" and some "PD" zoning districts. Uses in this designation include single-family detached homes, duplexes, twin homes and townhomes. The "MD" designation allows for housing densities that range from 6-12 units per acre. This designation fits with the "M-4", "M-5", "M-6" and "PD" zoning districts. Uses in this designation can include duplexes, carriage houses, triplexes, fourplexes, bungalow courts and townhomes. The "HD" designation allows for housing densities that would be greater than 12 units per acre. This designation fits with the "M-7, "M-8 and "PD" zoning districts. Uses in this designation can include courtyard apartments, cottage flats, and conventional apartment building complexes. "SIHD" is a new designation that allows for housing densities that would be greater than 24 units per acre, with most having an average of 40 units per acre. This designation would be located adjacent to the METRO Red Line and would fit with a "PD" zoning district or a new zoning district classification. The "LDF" designation is also new to the City's 2040 Comprehensive Plan. This designation allows for housing densities at 3-8 units per acre and would be compatible with the proposed "LDF" zoning district or a new "PD" zoning district. Uses in this designation include single- family detached homes, duplexes, twin homes and townhomes. Comments have been raised that allowing a 12-unit townhome would not be appropriate for the "LDF" designation and zoning district. It should be noted that Section 155.076 (B) of the zoning ordinance allows any use permitted in the "R" districts and 12-unit townhome buildings in the "M-3" zoning district, which is identified as a zoning district that fit in the "LD" designation. But unlike the proposed "LDF" zoning district, it would not restrict the location of a 12-unit building within a development. BACKGROUND: Comprehensive Plan: The property is currently designated "PR" (Private Recreation). This designation was created to recognize the current use of the subject property as a privately owned public golf course. This is the only property in the city with this designation. The property has the same designation in the draft 2040 Comprehensive Plan. It was recognized in 2009 and again in 2018, that the privately owned Apple Valley Golf Course may face challenges in the future, primarily financial, similar to the challenges faced by other small golf courses in the Metropolitan Area. It was understood during the preparation of the 2030 and 2040 Plans, that these challenges might cause the property owner to seek a change in land use. The 2030 and 2040 Plans went further to state that any change in land use must be carefully considered for the ability of the property to support the proposed use, fit with the surrounding area and the overall plans for Apple Valley. The current Institutional zoning designation best reflects the present use and numerous alternative uses may be allowed in the future. The golf course is surrounded by residential uses that might also be evaluated for comparison as to their density and value if a change is requested. Commercial uses are not encouraged unless those businesses have a residential character and are integrated in a mixed -use urban design. In 2019, the property owner originally requested Comprehensive Plan Land Use Map amendments that would re -designate .5 acres from "PR" (Private Recreation) to "LD" (Low Density Residential), 14.8 acres from "PR" (Private Recreation) to "MD" (Medium Density Residential) and eight (8) acres from "PR" (Private Recreation) to "HD" (High Density Residential). This request was considered by the City Council at their September 26, 2019, meeting. The City Council reviewed the application and the Planning Commission's recommendation for denial of "HD" (High Density Residential) and "MD" (Medium Density Residential) and voted to direct the Planning Commission to review an amended request from the petitioner that removes the "HD" designation from further evaluation and requested that a residential designation be further considered. On October 2, 2019, staff reported back to the Commission on the City Council's decision and provided some background information to consider as part of your review. This included the makeup of the existing housing within a quarter mile of the golf course property. Staff found that of the 640 housing units counted, there are: • 230 single-family detached homes (36%) in the "R-2" (Single -Family) and "R-3" (Single- Family) zoning districts that are in lower density designations; and • 410 attached homes (64%) in the "R-5" (Two -Family Residential), "M-3" (Multi - Family Residential/3-6 units per acre) and "M-4" (Multi -Family Residential/6-8 units per acre) zoning districts that are in lower density designations. In December 2019, the Planning Commission recommended and the City Council supported a context sensitive land use designation called "LDF" (Low Density Flex) residential, which would allow for a range of three (3) to eight (8) units per acre, subject to the following: • In areas near single family and two family dwellings it would seek to match uses and types on parcels being redeveloped nearby. A land use response would be at the lower end of the cited range. • On parcels with sufficient space that also abut higher volume roadways that are forecasted to continue to increase in volume, a density at a higher end of the cited range that could also provide a buffer next to adjacent lower density. • It encourages the design integration of natural site conditions such as wetlands and elevation changes that may be unique to the site. The City Council, at their December 12, 2019, meeting approved the submittal to the Metropolitan Council of the re -designation of the golf course property to "LDF" on the 2040 Land Use Map and amending the 2040 Land Use chapter to include a description of the "LDF" designation. On October 28, 2020, the Metropolitan Council approved the proposed amendments to the 2040 Comprehensive Plan. The City Council will likely consider approval of the Comp Plan amendments in December. Any Comprehensive Plan Land Use Map re -designation of the property will require a change in its current zoning. Zoning: The zoning ordinance is used to create zoning districts and identify uses that are allowed in each district. It also identifies area standards and performance standards that regulate such things as the minimum lot area, size and location of a building or structure, building setbacks from property lines, building height, lot coverage, maximum impervious surface within a particular zoning district. The property is currently zoned "P" (Institutional). Institutional districts are areas designed to serve the public and quasi -public uses. Permitted uses include: • Schools, accredited by the Minnesota Department of Education; • Public libraries and public art art galleries; • Parks and playgrounds, including other structures and buildings necessary for the operation or directly the park or park facilities; • Public recreational facilities or athletic fields operated by a political subdivision or school accredited by the Minnesota Department of Education; • Golf courses, but not including commercially operated driving ranges, "pitch -and -putt miniature golf courses; • Religious facilities; • Cemeteries including mortuaries; • Municipal government administrative buildings and maintenance buildings and facilities including outdoor storage of municipal vehicles, equipment and materials, municipal utility vehicles, fire stations and police stations; • Government service centers, administrative offices, and maintenance facility buildings, utility waste or waste water facilities, and courthouses; • Academies, colleges, junior colleges and universities, including dormitories and other structures and facilities necessary in the operation of an academy, college or university; • Non-profit clubs and lodges, • Public hospitals, nursing homes, convalescent centers; and • Day-care centers and nurseries. Permitted accessory uses include: • Clubhouses, maintenance buildings or other related structures on the grounds of golf courses; • Convents, seminaries, monasteries and nunneries, rectories, parsonages and parish houses and religious retreats when accessory to a church, chapel, temple or synagogue; and • Accessory uses as permitted in § 155.093 (Limited Business zoning district). Conditional uses include: • Any structure otherwise permitted but exceeding 40 feet in height; • Public utility building, structure, or service facility, including electric substations, occupying in excess of 500 square feet of land area; • Cell towers; and • Outdoor storage of motor vehicles, equipment or materials in connection with the use and operation of a government maintenance facility on the property. A draft "LDF" zoning ordinance has been prepared and a public hearing was held on November 4, 2020. Comments were taken and the hearing closed. This request will be considered by the Commission at their December 2nd meeting. The proposed zoning amendments would allow for a variety of housing types that would include one -family detached dwellings, two-family dwellings, detached one -unit townhomes, and attached townhomes at a density of 3-8 units per acre. No building would exceed two stories or 35 feet in height, which is consistent with the current single-family, two-family, and "M-1, "M-211, "M-3", and "M-4" multi -family zoning districts. The distinction of this proposed zoning district from other typical residential zoning districts are: • Only one -family and two-family dwellings may be constructed on parcels directly abutting existing one -or two-family dwellings. • The density may be increased in areas not directly abutting existing one- and two-family dwellings as long as the overall density does not exceed eight (8) units per acre. Use within this zoning district include: • Any permitted use in the R, single-family district as regulated therein; • Two-family residential dwelling; • Single-family detached townhome; and • Townhome dwellings, provided they are serviced by public sanitary sewer and water systems and provided no single structure in excess of 12 dwelling units. Conditional and permitted accessory uses currently allowed in the "R" zoning districts. Area requirements within this district would be consistent with established residential districts in the city. BUDGET IMPACT: N/A ATTACHMENTS: BaCKYr Fund Material Location Map Comp Plan Map Comp Plan Map Zoning Map APPLE VALLEY GOLF COURSE COMPREHENSIVE PLAN LAND USE MAP AMENDMENTS EXISTING CONDITIONS Property Location: 8661 140'h Street West Legal Description: Comprehensive Plan Designation "PR" (Private Recreation) Zoning Classification "P" (Institutional) Existing Platting 14 acres are unplatted with the remainder platted as outlots Current Land Use Golf Course Size: 23 acres Topography: Varying, typical of a golf course Existing Vegetation Grasses and vegetation associated with a golf course Other Significant Natural Features Presence of wetlands Adjacent Properties/Land Uses NORTH Single -Family Residential Dwellings Comprehensive Plan "LD" (Low Density Residential) Zoning/Land Use "R-3" (Single Family Residential) SOUTH Single and Two -Family Residential and Townhome Dwellings Comprehensive Plan "LD" (Low Density Residential) Zoning/Land Use "R-3" (Single Family Residential), "R-5" (Two Family Residential), and "M-3C" (Multiple Family Residential) EAST Wildwood Townhomes and Private Open Space Comprehensive Plan "LD" (Low Density Residential) Zoning/Land Use "M-3C" (Medium Density Residential) and "P" (Institutional) WEST Single Family Residential Dwellings Comprehensive Plan "LD" (Low Density Residential) Zoning/Land Use "R-3" (Single Family Residential) It, SINZKOIllink ellw±l [o i■ w of ■ Note $lJAiU .JWw' f Uri..ntn Qe r 1 Ll 1 ► N. GCS PROPO :1IANn SIT, rm Ir: 1 L;UUK5 D COMP GNATIC La 1 r+ L I 1 wFn' [it, 01 ■:KKOI I l : fi 66* 0000 0000 00000 ITEM: 5.B. 00* Apple PLANNING COMMISSION MEETING DATE: December 16, 2020 Valley SECTION: Land Use/ Action Items Description: Mister Car Wash - Consider a Conditional Use Permit to Allow for a Car Wash Operation, and Site Plan/Building Permit Authorization for 6,500-sq. ft. Car Wash Facility on 1.25-acre Lot (PC20-17-CB) Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: HJ Development, LLP, and Rockport, LLC Project Number: PC20-17-CB Applicant Date: 11 /4/2020 60 Days: 1 /2/2021 120 Days: 3/3/2021 ACTION REQUESTED: If the Planning Commission concurs, staff is recommending that the Planning Commission recommend approval of the conditional use permit for a freestanding car wash operation on property legally described as Lot 3, Block 1, Orchard Place 2nd Addition subject to: • Issuance of the conditional use permit shall be subject to the approval and recording of the Orchard Place 2nd Addition. • Operations shall be conducted in conformance with the site plan dated November 4, 2020, on file at the City Offices. • Operations shall subject to compliance with all applicable City codes and standards. If the Planning Commission concurs, staff is recommending that the Planning Commission recommend approval of site plan/building permit authorization for a freestanding car wash operation on property legally described as Lot 3, Block 1, Orchard Place 2nd Addition subject to: • Issuance of a building permit shall be subject to the approval and recording of the Orchard Place 2nd Addition. • Issuance of a building permit shall be subject to the recording of a cross access and parking agreement that allows all the lots and outlots within Orchard Place 2nd Addition access to all internal streets and parking areas contained within the development. • Construction shall occur in conformance with the site development plans dated November 4, 2020. • Construction shall occur in conformance with the landscape plan dated November 4, 2020; subject to adding landscaping along the west side of the property to help screen the drive -up lanes. • A detailed planting price list shall be required for verification of the City's 2.5% landscaping requirement at the time of submission of plans for a building permit. • Construction shall occur in conformance with the building elevation plans dated September 14, 2020; subject to the requirement that all colors be integral to the material. No painting of exterior materials shall be allowed. • The trash enclosure shall be completely screened by a wall or an equivalent visual screen, and shall be architecturally compatible with the exterior finish of the building. SUMMARY: For your consideration is a request from HJ Development, LLP, and Rockport, LLC, for a conditional use permit for a car wash, and site plan/building permit authorization to allow for construction of a 6,500-sq. ft. car wash facility on a 1.25-acre lot. The site is part of the 34- acre Orchard Place commercial development, which is bounded by 155th Street West to the north, Pilot Knob Road to the east, 157th Street West to the south, and Pulte's Orchard Place townhome development to the east. The public hearing on the proposed conditional use permit was held on December 2, 2020. The hearing was opened, no testimony was presented by the public, and the hearing was closed. BACKGROUND: Comprehensive Plan: The subject property is currently guided "C" (Commercial). This designation includes a wide variety of retail, office, and service uses that vary in intensity and off -site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development. Lower -intensity districts include Limited Business and Neighborhood Commericial. Higher -intensity districts include General Business and Retail. In each district, land use and performance standards set parameters for development. Examples include parking, building setbacks, infiltrations, site access, and lot coverage. Zoning/Conditional Use Permit: The property is zoned "RB" (Retail Business). Retail business districts are described as areas that are centrally located to serve the need for general retail sales. Permitted uses include stores and shops that sell personal services or goods over the counter, as well as banks, savings and loan offices, professional offices, community facilities, health clubs, animal hospitals and clinics, small engine and appliance repair, commercial recreation, auto accessory sales, and restaurants (Class I and III Neighborhood Restaurant without a drive -through window, only). Conditional uses include a variety of uses that include Class II restaurants, car wash operations and drive -through window service. Permitted accessory uses include delivery bays and outdoor dining areas. The applicant is proposing an express exterior car wash, which is described as a drive - through car wash with no interior services offered. Customers will only get out of their vehicle if they choose to vacuum the inside themselves, in the free vacuum area located on the east side of the building. A car wash operation is a conditional use in the "RB" zoning district under either of the following conditions: • In conjunction with and accessory to a motor fuel sales operation. The car wash is to be restricted to one bay and must be incorporated into the primary structure and subject to the same design standards as a motor fuel station as stipulated in § 155.356. • As a freestanding operation on its own lot. The facility must be located on a lot having no street frontage on a roadway identified as either a major or minor arterial, or as a community or neighborhood collector, in the thoroughfare plan of the City's comprehensive plan. Where the wash lane entry or staging area is visible from the street or adjacent to a less intensive use, appropriate screening shall be installed and shall consist of berms, landscaping, opaque fence or some combination thereof. The facility must also be located no closer than 250 feet of a residential use, as measured from lot line to lot line. Site Plan: The site is part of a 34-acre commercial development. The first phase will be 9.5 acres of development in the southeast corner of the development area that will include the 6,500-sq. ft. car wash facility and two multi -tenant buildings (Buildings I and P) and one single use building (Building O) on Lot 4. Access to the 1.25-acre site will be via internal streets that will be connected to 155th and 157th Streets West, which are public streets. A cross access and parking agreement shall be required that allows all the lots and outlots within Orchard Place 2nd Addition access to all internal streets and parking areas contained within the development. The proposed facility will meet all minimum required building and parking setbacks. City code requires that a car wash operation have five spaces for each washing lane, plus one space for every two employees. The site plan shows three drive lanes for the single -lane car wash that appears to have enough space for a minimum of five vehicles. There are 13 parking spaces along the east side of the building that will have vacuum cleaners adjacent to them, which will be used by the facility's customers. There will be 2-3 employees on -site for the purpose of providing ongoing maintenance of the facility. No employees will perform interior cleaning services of any type. Employee parking will be allowed in spaces along the east side of the building. Grading Plan: The site has been graded as part of the sand and gravel mining reclamation of the site. Therefore, minimal grading to accommodate the proposed buildings and parking lot will be needed prior to construction. The City Engineer has reviewed the grading plan and his comments are included in his attached memo. Elevation Drawings: The exterior finish of the building I and P will include a combination of smooth and textured concrete masonry block, stone veneer, EIF S and pre -finished metal panels. City code requires commercial buildings to have a vertical exposed exterior finish of 100% non-combustible, non -degradable and maintenance -free construction materials (such as face brick or natural stone but excluding such construction materials as sheet or corrugated aluminum, iron, or concrete block of any bind or similar). Exterior rooftop finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non -reflective, glare -free finish. The proposed exterior finish will meet the code requirements. They do indicate that the EIFS areas will be painted. The City typically requires that all colors be integral to the material. They also indicate a smooth block as a material, which may be a concern. The submitted drawings indicate that the mechanical equipment will be located in the west side of the building. Any mechanical equipment outside of the building shall be screened or handled in a manner such that they are not visually obvious and are compatible with the surrounding development. For rooftop mechanical equipment, all mechanical equipment and related appurtenances, except solar collector panels, must be fully screened by either a parapet wall along the edge of the building or by a screen immediately surrounding such equipment. The height of the parapet wall or screen shall be at least the height of the equipment. Parapet walls must be an extension of the primary building materials comprising the outside walls of the building; screens must be constructed of durable, low -maintenance materials and be either a light, neutral color or the same color as the primary building materials of the outside walls. Rooftop equipment shall be set back from the edge of the roof along the front building face a minimum of one times the equipment height. For ground mounted equipment, all mechanical equipment and related appurtenances must be fully screened by either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen shall be at least the height of the equipment. Masonry walls must be constructed of the same materials and color as the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year-round. Equipment shall be painted a neutral earth -tone color. All mechanical protrusions shall be pointed out on the site plan and elevations. The site plan shows a trash enclosure to the south of the car wash building. No elevation plans have been submitted that show the exterior finish of the enclosure's walls. City code requires that trash enclosures shall be completely screened by a wall or an equivalent visual screen. The screen or enclosed building shall be architecturally compatible with the proposed building. Landscape Plan: The submitted landscape plan identifies a wide and diverse variety of plantings. Staff has reviewed the landscape plan and is recommending that additional landscaping be added along the west side of the property to help screen the drive -up lanes. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for commercial projects shall be 2.5% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 2.5% landscaping requirement at the time of submission of plans for a building permit. Availability of Municipal Utilities: Municipal sanitary and watermain lines have been extended to the site from the utility lines located in the 157th Street West right-of-way. All utilities necessary to serve the plat shall be designed and constructed in accordance with adopted City standards. Storm sewer lines have been installed throughout the overall development that will collect runoff and transport it to the ponding areas in Outlots A and C. The storm sewer lines traverse across multiple lots and outlots within public drainage and utility easements. The City Engineer has reviewed the utility plans and his comments are contained in his attached memo. Street Classifications/Accesses/Circulation: The overall development abuts 155th Street West to the north, Pilot Knob Road to the east, 157th Street West to the south. Pilot Knob Road is classified as an A Minor Expander, and 155th and 157th Streets West are classified as Minor Collectors. Access to the site will be via private streets that will intersect with 155th and 157th Streets West. Staff has no issues with the proposed accesses and private street location. Pedestrian Access: The site plan shows a sidewall,-, network that makes connections from the site to Lot 4 to the east and a north/south sidewall,� that will run along the east of a private street. This sidewall,� will eventually connect to sidewall,�s in Outlot E. Signs: The building elevations show a sign on the car wash entrance and on the west elevation. No formal sign application has been submitted with this request. All signage shall conform to the City's sign ordinance. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Background Material Area Map Comp Plan Map Zoning Map Final Plat Plan Set Elevations MR. CAR WASH CONDITIONAL USE PERMIT PROJECT REVIEW Existing Conditions Property Location: Northwest corner of 157th Street West and Pilot Knob Road Legal Description: Lot 3, Block 1, Orchard Place 2"d Addition Comprehensive Plan Designation "C" (Commercial) Zoning Classification "RB" (Retail Business) Existing Platting Platted Current Land Use I Vacant Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses 1.25 acres Flat None None NORTH I Vacant SOUTH EAST WEST Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use "C" (Commercial) "RB" (Retail Business) "P" (Parks & Open Space) "P" (Institutional) Comprehensive Plan "C" (Commercial) Zoning/Land Use "PD-703/zone 6' (Planned Development) Comprehensive Plan Zoning/Land Use "C" (Commercial) "RB" (Retail Business) 0000 000 CITY OF Apple Valley MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: November 25, 2020 SUBJECT: Orchard Place 2nd Lots 3 and 4 Plan Review The following are comments regarding the Orchard Place 2nd Lots 3 and 4 Plan Review dated November 4, 2020. Please include these items as conditions to approval. General 1. 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: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. Permits 2. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 3. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 4. A Dakota County Right -of -Way permit will be required for work within the Pilot Knob Road right-of-way. Provide a copy of the executed permit prior to construction. 5. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 6. Provide a copy of any other required permits. Site/Traffic 1. Traffic Impacts and study findings were included as part of Preliminary Plat Approval. a. As part of Phase 1, 155th Street will be extended from Pilot Knob Road to slightly beyond the western access of the Orchard Place commercial development. The full street corridor with landscaped medians, left turn lanes, and walkways will be constructed. 2. Turn lanes along Pilot Knob Road for 155th Street and 157th Street will also be modified and lengthened as part of the Phase 1 improvements due to longer queue lengths. a. A traffic signal is anticipated at 155th and Pilot Knob as part of Phase 1 with the expected traffic as part of Phase 1. b. Final Access locations to 155th Street will be determined during the final design of 155th Street West. 3. Additional signage and pavement markings will be required along the right -in access road near Lot 1 & 2 parking lot access to prevent wrong way traffic. 4. Show where employee parking is to be utilized for Lot 3 (Building M). 5. Private Drive Entrances/Roads need additional clarification and details regarding the use of curb and gutter and drainage patterns. 6. Any sidewalk connection crossing a drive thru lane shall be a raised concrete pedestrian pad and/or change in paving material. 7. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Storm water Management 8. The overall development storm water ponding needs will be satisfied with WVR-P54 and WVR-P53 regional storm water basins. Additional site specific treatment may be required. Grading/Drainne 9. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans at building permit/site plan authorization and approved by City Engineer. 10. Show all emergency over flow (EOF) elevations and routing in the parking lots. The finished floor/low opening elevation must be 1' minimum above the EOF elevation. 11. Provide overall site composite Curve Number (CN) on the plans. Water main & Sanitary Sewer 1. Final sanitary sewer and water service design shall be reviewed with the construction plans and approved by City Engineer. 2. Confirmation of water service sizing is required. Confirm if proposed buildings require fire sprinkler system. 3. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. Storm Sewer 4. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. 5. Provide pretreatment device/s, such as a SAIL Baffle or approved equal and sump prior to discharging into the public storm sewer in an additional separate MH. Sump structures as shown in City "Catch Basin Manhole with Sump" detail STO-5S. Any sumps shall be privately maintained and routinely cleaned as the accumulated sediment will be from the private parking lots and roadways. a. Locations for installation are at: STR-8 and STR-35 Landcape and Natural Resources 6. No maj or tree plantings shall be located over any underground utilities. 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If the Planning Commission concurs, staff is recommending that the Planning Commission recommend approval of site plan/building permit authorization for a 7,400-sq. ft. multi -tenant commercial building on property legally described as Lot 4, Block 1, Orchard Place 2nd Addition subject to: • Issuance of a building permit shall be subject to the approval and recording of the Orchard Place 2nd Addition. • Issuance of a building permit shall be subject to the recording of a cross access and parking agreement that allows all the lots and outlots within Orchard Place 2nd Addition access to all internal streets and parking areas contained within the development. • Construction shall occur in conformance with the site development plans dated November 4, 2020; subject to the relocation of the west patio to the open area located along the west side of the building and the modification to the Starbucks patio to ensure full use of the sidewalk in front of the building. • All vehicle parking spaces shall meet the minimum size requirements as set forth in the City zoning code. • Construction shall occur in conformance with the landscape plan dated November 4, 2020; subject to additional landscaping along the south side of the property to help screen the drive -up lane. • A detailed planting price list shall be required for verification of the City's 2.5% landscaping requirement at the time of submission of plans for a building permit. • Construction shall occur in conformance with the building elevation plans dated March 2, 2020; subject to the addition of relief and ornamentation to the north elevation. • A bicycle rack shall be installed in front of the building. • The trash enclosure shall be completely screened by a wall or an equivalent visual screen and shall be architecturally compatible with the exterior finish of the building. • All applicable codes and ordinances shall be strictly adhered to. If the Planning Commission concurs, staff is recommending that the Planning Commission recommend approval of site plan/building permit authorization for a 8,200-sq. ft. multi -tenant commercial building on property legally described as Lot 4, Block 1, Orchard Place 2nd Addition subject to: • Issuance of a building permit shall be subject to the approval and recording of the Orchard Place 2nd Addition. • Issuance of a building permit shall be subject to the recording of a cross access and parking agreement that allows all the lots and outlots within Orchard Place 2nd Addition access to all internal streets and parking areas contained within the development. • Construction shall occur in conformance with the site development plans dated November 4, 2020. • All vehicle parking spaces shall meet the minimum size requirements as set forth in the City zoning code. • Construction shall occur in conformance with the landscape plan dated November 4, 2020; subject to additional landscaping along the east and west side of the property. • Submittal of a detailed planting price list shall be required for verification of the City's 2.5% landscaping requirement at the time of submission of plans for a building permit. • Construction shall occur in conformance with the building elevation plans submitted on November 4, 2020; subject to the addition of relief and ornamentation to the south elevation. • A bicycle rack shall be installed in front of the building. SUMMARY: For your consideration is a request from HJ Development, LLP, and Rockport, LLC, for a conditional use permit for drive -through window service in conjunction with a Starbucks coffee shop, and site plan/building permit authorization to allow for construction of a 7,400- sq. ft. and an 8,200-sq. ft. commercial retail building on a 3.21-acre lot. The site is part of the 34-acre Orchard Place commercial development, which is bonded by 155th Street West to the north, Pilot Knob Road to the east, 157th Street West to the south and Pulte's Orchard Place townhome development to the east. The public hearing on the proposed conditional use permit was held on December 2, 2020. The hearing was opened, no testimony was presented by the public, and the hearing was closed. BACKGROUND: Comprehensive Plan: The subject property is currently guided "C" (Commercial). This designation includes a wide variety of retail, office, and service uses that vary in intensity and off -site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development. Lower -intensity districts include Limited Business and Neighborhood Commercial. Higher -intensity districts include General Business and Retail. In each district, land use and performance standards set parameters for development. Examples include parking, building setbacks, infiltrations, site access, and lot coverage. Zoning/Conditional Use Permit: The property is zoned "RB" (Retail Business). Retail business districts are described as areas that are centrally located to serve the need for general retail sales. Permitted uses include stores and shops that sell personal services or goods over the counter, as well as banks, savings and loan offices, professional offices, community facilities, health clubs, animal hospitals and clinics, small engine and appliance repair, commercial recreation, auto accessory sales, and restaurants (Class I and III Neighborhood Restaurant without a drive through window, only). Conditional uses include a variety of uses that include Class II restaurants, car wash operations and drive -through window service. Permitted accessory uses include delivery bays and outdoor dining areas. Submitted information identifies a potential Class II restaurant in Building I, a drive -through window in conjunction with a restaurant for Building O, and another drive -through window in conjunction with a Class III restaurant for Building P. No users have been identified for Buildings I and O, but a Starbucks coffee shop has been identified as the proposed Class III restaurant for Building P. Therefore, this review will focus on Buildings I and P, and the proposed drive -through window service for the coffee shop in Building P. As stated previously, the applicant is proposing a 60-seat coffee house, which is classified as a Class III Neighborhood Restaurant. Class III restaurants are permitted uses in the "RB" zoning district and is subject to the following requirements: • The restaurant cannot exceed 2,500 sq. ft. in size; • The hours of operation is limited to 6:00 a.m. to 11:00 p.m. daily; and • The restaurant cannot serve foods that require the installation of a Type I ventilation hood for grease and smoke removal, as defined in the Uniform Mechanical Code. The applicant is also proposing to have a drive -through window with this coffee shop. A drive -through window in conjunction with a Class III Neighborhood Restaurant is a conditional use and is subject to the following requirements: • The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses. • The drive -through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer. • When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive -through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. Site Plan: The site is part of a 34-acre commercial development. The first phase will include 9.5 acres of development in southeast corner of the development area, with a 6,500- sq. ft. car wash facility on Lot 3; and two multi -tenant building (Buildings I and P) and one single use building (Building O) on Lot 4. The submitted plans indicate the following: • 5,500 sq. ft. of retail and a 55-seat Class II restaurant in the 8,200-sq. ft. Building I; • A 100-seat Class I restaurant in the 2,325—sq. ft. Building O with drive -through window service; and • A proposed coffee shop with drive -through window service, 22-seat Class II restaurant and 3,100 sq. ft. of retail/medical office space in the 7,400-sq. ft. Building P. The City has not typically allowed multiple commercial buildings on the same lot. Exceptions to that rule include the restaurant corner in Fischer Market Place, the two multi - tenant buildings in Cedar Market Place located at the northeast corner of 147th Street West and Cedar Avenue, and two multi -tenant buildings in the Apple Valley Square development located in the southwest corner of CSAH 42 and Cedar Avenue. The first two examples are located in planned developments and the third is in a "RB" zoning district. Planned development zoning districts allow more latitude when determining area and performance standards such as building and parking setbacks that a typical zoning district does not. Access to the site will be via internal streets that will be connected to 155th and 157th Streets West, which are public streets. A cross access and parking agreement shall be required that allows all the lots and outlots within Orchard Place 2nd Addition access to all internal streets and parking areas contained within the development. The three buildings would likely meet all building setbacks but not minimum parking setbacks. However, the zoning code does allow parking facilities that serve two or more uses to collectively provide off-street parking, provided that the total number of parking spaces is not less than the sum total of the requirements for each use separately. The number of parking spaces contained within Lot 4 will meet or exceed the minimum parking requirements for the three buildings and proposed uses. City code requires that each parking space shall be no less than nine feet and 20 feet in length. If a space is adjacent to a curb or landscaped area, the required length may be reduced by 1.5 feet. The site plan shows that the majority of the parking spaces abutting a curb are 18 feet long. Revisions will be needed to bring all the parking spaces into code compliance. The plans show two patios at the east and west end of Building I, as well as two in front of Building P. Outdoor dining areas are permitted accessory uses in conjunction with a Class I, Class II, or Class III restaurant provided that the following performance standards: • No portion of the outdoor dining area shall be located or occur within any public right- of-way, including sidewallcs/trails, boulevard areas or streets. • No portion of the outdoor dining area shall be located or occur closer than two feet from any property line. If the outdoor dining area is proposed to be within a city drainage and utility easement, then the property owner shall be required to execute a license agreement prepared by the City Attorney authorizing the use of the City's easement. • The City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor dining area, including a prohibition against all forms of music, radio, television, and other entertainment, to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment. • The outdoor dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. • If the outdoor dining area is located on a private sidewalk area abutting the restaurant building or within a parking area for the building, then the outdoor dining area shall not interfere with any pedestrian or vehicular traffic on the site. • A minimum five-foot wide area of sidewalk shall remain clear for pedestrian travel. • The outdoor dining area shall be subordinate to the principal restaurant building and shall not exceed 40% in area of the square footage of the principal restaurant building. • The outdoor dining area shall be kept in a clean and orderly manner. • No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. • The City Council may restrict the hours of operation of an outdoor dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. The two dining areas proposed for Building P may not be in ideal locations. Both are located in areas that generally would be landscaped parking islands and the easterly area is next to the exit for the drive -through window. It also appears to block the sidewalk connection from Pilot Knob Road to the front of the building. The patio in front of Starbucks shall not block the sidewalk in front of the building. The patio located in front of the west bay of the building should relocated in the area directly west of the building. The drive -up window lane will be accessed from the west side of the building, traverse along the south and east side of the building and exit into the parking lot. The south and west portion of the lane will be 12 feet wide and increase to 24 feet along the east side of the building. This will allow vehicles to bypass the drive -up window if they so choose. Bicycle racks shall be installed in front of all buildings. The site plan shows a trash enclosure to the southwest of Building I and west of Building P. No elevation plans have been submitted that show the exterior finish of the enclosure's walls. City code requires that trash enclosures shall be completely screened by a wall or an equivalent visual screen. The screen or enclosed building shall be architecturally compatible with the proposed buildings. Drive -Through Stacking Plan: The applicant has submitted a drive -through stacking plan that shows 16 vehicles in the drive -through lane. The city's parking requirements call for a minimum of six stacking spaces for each drive -through window. A short escape lane for those cars that may want to exit the queue is located west of the primary lane. Staff reviewed the drive -up lane design and expressed concerns about the ability of delivery and service vehicles to access the rear of the building. The applicant has stated that Starbucks and many other quick service restaurants (QSR) often have single lane drive -through lanes without any bypass/escape lane. They further state that Starbuck's national standards, which are used in hundreds of locations around the country, prefer single lane drive -through lanes because they work well for their business. Also, deliveries at Starbucks and other multi -tenant buildings will not impede use of the drive -through lane because they are completed at off peak hours from the front of the building. And, the proposed drive -through lane meets City ordinances and operations will not have an adverse impact on the public right-of-way. The applicant has provided several examples from around the metro area of Starbucks and other QSRs that have single lane drive -through lane, which are attached with this report. Typically, escape or by-pass lanes are installed for customer convenience and safety. The proposed lane configuration has been reviewed by Apple Valley public safety officials and they do not have a concern about the short by-pass lane. Therefore, only concern is that the proposed configuration could be a potential private operational issue for the proprietor. Grading Plan: The site has been graded as part of the sand and gravel mining reclamation of the site. Therefore, minimal grading to accommodate the proposed buildings and parking lot will be needed prior to construction. The City Engineer has reviewed the grading plan and his comments are included in his attached memo. Elevation Drawings: The exterior finish of the Building I and P will include a combination of brick, stone, and EIFS. City code requires commercial buildings to have a vertical exposed exterior finish of 100% non- combustible, non -degradable and maintenance -free construction materials (such as face brick or natural stone but excluding such construction materials as sheet or corrugated aluminum, iron, or concrete block of any bind or similar). Exterior rooftop finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non -reflective, glare -free finish. The proposed exterior finish will meet the code requirements. The Commission asked that more articulation be added to the rear elevations of the buildings. The submitted drawings do not show the location of the mechanical equipment to serve the buildings. City code requires that all necessary mechanical protrusions visible to the exterior shall be screened or handled in a manner such that they are not visually obvious and are compatible with the surrounding development. For rooftop mechanical equipment, all mechanical equipment and related appurtenances, except solar collector panels, must be fully screened by either a parapet wall along the edge of the building or by a screen immediately surrounding such equipment. The height of the parapet wall or screen shall be at least the height of the equipment. Parapet walls must be an extension of the primary building materials comprising the outside walls of the building; screens must be constructed of durable, low -maintenance materials and be either a light, neutral color or the same color as the primary building materials of the outside walls. Rooftop equipment shall be set back from the edge of the roof along the front building face a minimum of one times the equipment height. For ground mounted equipment, all mechanical equipment and related appurtenances must be fully screened by either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen shall be at least the height of the equipment. Masonry walls must be constructed of the same materials and color as the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year-round. Equipment shall be painted a neutral earth -tone color. All mechanical protrusions shall be pointed out on the site plan and elevations. Landscape Plan: The submitted landscape plan identifies a wide and diverse variety of plantings. Staff has reviewed the landscape plan and is recommending that additional landscaping be added along the south side of Building P and east and west side of Building I to help screen the drive -up lanes from the adjacent properties and patio area. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for commercial projects shall be 2.5% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 2.5% landscaping requirement at the time of submission of plans for a building permit. Availability of Municipal Utilities: Municipal sanitary and water main lines have been extended to the site from the utility lines located in the 157th Street West right-of-way. All utilities necessary to serve the plat shall be designed and constructed in accordance with adopted City standards. Storm sewer lines have been installed throughout the overall development that will collect runoff and transport it to the ponding areas in Outlots A and C. The storm sewer lines traverse across multiple lots and outlots within public drainage and utility easements. The City Engineer has reviewed the utility plans and his comments are contained in his attached memo. Street Classifications/Accesses/Circulation: The site abuts Pilot Knob Road to the east and 157th Street West to the south. Pilot Knob Road is classified as an A Minor Expander and 157th Street West is classified a Minor Collectors. Streets and traffic control shall be designed, constructed and installed in accordance with adopted City standards. Direct access from Pilot Knob Road will not be allowed. Access to 157th Street West will be via two north/south private streets. The most easterly connection will be a right -in only and the westerly intersection will be a full access intersection. The most westerly private street will be extended north and intersect with 155th Street West. Staff has no issues with the proposed accesses and private street location. Pedestrian Access: The site plan shows a sidewallc, network that makes connections to the bituminous path along the west side of Pilot Knob Road and to sidewall,�s to the west. The applicant should consider an internal sidewall,� connection from Building I and O to Building P. Signs: The site plan identifies a monument sign in the northeast corner of the site and directional signage/menu board for the Building O drive -through window. The elevation drawings for Building O shows signage for Starbucks. No dimensional or material information for the signage is provided and no formal; sign application has been submitted with this request. All signage shall conform to the City's sign ordinance. BUDGET IMPACT: N/A ATTACHMENTS: BaCKgrouna material Background Material Area Map Comp Plan Map Zoning Map Final Plat Plan Set Elevations Elevations Background Material ORCHARD PLACE MULTI -TENANT BUILDINGS STARBUCKS COFFEE DRIVE-THROUIGH WINDOW CONDITIONAL USE PERMIT PROJECT REVIEW Existing Conditions Property Location: Northwest corner of 157th Street West and Pilot Knob Road Legal Description: Lot 4, Block 1, Orchard Place 2"d Addition Comprehensive Plan Designation "C" (Commercial) Zoning Classification "RB" (Retail Business) Existing Platting Platted Current Land Use Vacant 3.21 acres Size: Topography: Flat Existing Vegetation None Other Significant Natural Features None NORTH Vacant Adjacent Properties/Land Comprehensive Uses Plan "C" (Commercial) Zoning/Land Use "RB" (Retail Business) SOUTH Comprehensive Plan "P" (Parks & Open Space) Zoning/Land Use "P" (Institutional) EAST Comprehensive Plan "C" (Commercial) Zoning/Land Use "PD-703/zone 6' Development) (Planned WEST Comprehensive Plan "C" (Commercial) Zoning/Land Use "RB" (Retail Business) 0000 000 CITY OF Apple Valley MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: November 25, 2020 SUBJECT: Orchard Place 2nd Lots 3 and 4 Plan Review The following are comments regarding the Orchard Place 2nd Lots 3 and 4 Plan Review dated November 4, 2020. Please include these items as conditions to approval. General 1. 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: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. Permits 2. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 3. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 4. A Dakota County Right -of -Way permit will be required for work within the Pilot Knob Road right-of-way. Provide a copy of the executed permit prior to construction. 5. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 6. Provide a copy of any other required permits. Site/Traffic 1. Traffic Impacts and study findings were included as part of Preliminary Plat Approval. a. As part of Phase 1, 155th Street will be extended from Pilot Knob Road to slightly beyond the western access of the Orchard Place commercial development. The full street corridor with landscaped medians, left turn lanes, and walkways will be constructed. 2. Turn lanes along Pilot Knob Road for 155th Street and 157th Street will also be modified and lengthened as part of the Phase 1 improvements due to longer queue lengths. a. A traffic signal is anticipated at 155th and Pilot Knob as part of Phase 1 with the expected traffic as part of Phase 1. b. Final Access locations to 155th Street will be determined during the final design of 155th Street West. 3. Additional signage and pavement markings will be required along the right -in access road near Lot 1 & 2 parking lot access to prevent wrong way traffic. 4. Show where employee parking is to be utilized for Lot 3 (Building M). 5. Private Drive Entrances/Roads need additional clarification and details regarding the use of curb and gutter and drainage patterns. 6. Any sidewalk connection crossing a drive thru lane shall be a raised concrete pedestrian pad and/or change in paving material. 7. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Storm water Management 8. The overall development storm water ponding needs will be satisfied with WVR-P54 and WVR-P53 regional storm water basins. Additional site specific treatment may be required. Grading/Drainne 9. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans at building permit/site plan authorization and approved by City Engineer. 10. Show all emergency over flow (EOF) elevations and routing in the parking lots. The finished floor/low opening elevation must be 1' minimum above the EOF elevation. 11. Provide overall site composite Curve Number (CN) on the plans. Water main & Sanitary Sewer 1. Final sanitary sewer and water service design shall be reviewed with the construction plans and approved by City Engineer. 2. Confirmation of water service sizing is required. Confirm if proposed buildings require fire sprinkler system. 3. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. Storm Sewer 4. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. 5. Provide pretreatment device/s, such as a SAIL Baffle or approved equal and sump prior to discharging into the public storm sewer in an additional separate MH. Sump structures as shown in City "Catch Basin Manhole with Sump" detail STO-5S. Any sumps shall be privately maintained and routinely cleaned as the accumulated sediment will be from the private parking lots and roadways. a. Locations for installation are at: STR-8 and STR-35 Landcape and Natural Resources 6. No maj or tree plantings shall be located over any underground utilities. Clusters of trees shall be used near or around these areas instead of planting in a row. 7. Additional screening is required along the southern property line of Lot 4 (Building P) 8. Additional screening is required along the eastern side of Building I. STARBUCKS C.U.P. REQUEST LOCATION MAP 0 0 1 47-WIN n' STARBUCKS C.U.P. REQUEST COMP PLAN MAP "C" (Commercial) STARBUCKS C.U.P. REQUEST ZONING MAP "RB" (Retail Business) w az� lo o=oa- o< ots o ono -z w L� o - 2 z3o= loo a m -' W� N IZ - WZ ,gym o sZv .I w�am= o o z_a IIz- .z- a. h _ �_ 2I,bIAO �� m m .svawnos aweo axn.sv- 3sv3 nvnnuoiu ioou — m —_ I. :.... - ... sza�9 fn Io z I wll e � � Ilm la w .0 o ui III$ ` r I w N N F. o n «I L sza47ezE M.zvvzao �/ ^ �._ I S so see nn.�a�oovoN m) \ n ICI — M 3 4 e / 00'Ob - m 8� g, z H1HON _ 1 m z<Lll w w -r- 'z _ r a � Q _ -- I am I3 0 _ z 0. 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December 16, 2020 Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Department / Division: Tammy Bernatz, Planning Department Assistant Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning Commission Meetings: Wednesday, January 6, 2021 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, December 9, 2020 • Site plan, variance applications due by 9:00 a.m. on Wednesday, December 23, 2020 Wednesday, January 20, 2021 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, December 23, 2020 • Site plan, variance applications due by 9:00 a.m. on Wednesday, January 6, 2021 Next City Council Meetings: • Thursday, December 22, 2020 - 7:00 p.m. • Thursday, January 14, 2021 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A