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04/07/2021 Agenda Packet
M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 Planning C ommission meetings have resumed at the Municipal C enter and are open to the public with physical distancing restrictions. Attendee procedures and access inf ormation are posted on the C ity's website and include virtual participation opportunities. April 7, 2021 PLA N N IN G C O MMIS SIO N T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order A.Planning C ommissioners will be attending either in-person or virtually. A roll-call will be taken. 2.Approve Agenda 3.Approve C onsent Agenda Items C onsent 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 f or consideration. A.A pprove Minutes of March 17, 2021, Regular Meeting. 4.Public Hearings A.C onsider Ordinance Amendments Related to Special Events, Temporary Signage, and Mobile Food Units 5.Land Use / Action Items A.Panera Bread Restaurant - PC 21-04-C B 1. C onsider Conditional Use Permit and Site Plan/Building Permit Authorization to Allow for C onstruction of 4,300-sq. ft. Restaurant with Drive-T hrough Window Service and Rapid Pick-up Lane Location: 15200 Cedar Avenue Petitioner: Panera Bread, LLC and Brixmor Property Group B.Schmidt Porch Variance (13251 Diamond Path) - PC 21-05-VF C onsider variance to reduce shoreland setback from 75' to 54' (21' variance) to construct a 16' x 16' four-season porch, a 16' x 15' deck and a 5' x 28' deck. 6.Other Business A.Review of Upcoming Schedule and Other Updates Planning C ommission - Wednesday, April 21, 2021 - 7:00 p.m. Planning C ommission - Wednesday, May 5, 2021 - 7:00 p.m. C ity C ouncil - T hursday, A pril 8, 2021 - 7:00 p.m. C ity C ouncil - T hursday, A pril 22, 2021 - 7:00 p.m. 7.Adjourn Regular meetings are broadcast, live, on Charter C ommunications C able C hannel 180 and on the C ity's website at www.cityofapplevalley.org I T E M: P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:S pecial Notification Description: Planning Commi ssion meetings have resumed at the Municipal Center and are open to the public with physi cal distancing restricti ons. Attendee procedures and access information are posted on the Ci ty's website and include virtual participation opportunities. S taff Contact: B reanna Vincent, Department A ssistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Please let us know you have joined us by either signing at the door or requesting to be an attendee on-line. S UM M ARY: Note: Planning C ommission meetings have resumed at the Municipal C enter and are open to the public with physical distancing restrictions. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 1.A . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:Call to O rder Description: P lanning Commissioners will be attending either in-person or virtually. A roll-call will be taken. S taff Contact: B reanna Vincent, Department A ssistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: During the C O VID-19 Pandemic, the C ouncil C hambers in the Apple Valley Municipal Building has been set-up to allow for the Planning C ommissioners 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. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 3.A . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:C onsent Agenda Description: A pprove Minutes of March 17, 2021, Regular Meeting. S taff Contact: B reanna Vincent, Department A ssistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Approve minutes of regular meeting of March 17, 2021. S UM M ARY: T he minutes of the last regular Planning C ommission meeting is attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES March 17, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission Annual Meeting was called to order by acting Chair Scanlan at 7:00 p.m. Members Present: Chair Tom Melander*, Tim Burke*, Keith Deikmann*, Jodi Kurtz, Paul Scanlan, and Philip Mahowald. David Schindler* arrived at 7:15 pm. Member(s) Absent: None City staff members attending: Community Development Director Bruce Nordquist, City Planner Kathy Bodmer, City Planner Tom Lovelace, City Planner Alex Sharpe*, City Engineer Brandon Anderson* and Department Assistant Breanna Vincent. *Present via remote technology 2. APPROVAL OF AGENDA Commissioner Scanlan asked if there were any changes to the agenda. Community Development Director Bruce Nordquist advised that there were two additions of correspondence from Joe Elliot and Bill Sherry regarding The Cove Development. MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, approving the agenda. Roll call vote: Ayes - 7 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Kurtz moved, seconded by Commissioner Burke, approving the minutes of the meeting of March 3, 2021. Roll call vote: Ayes – 7 – Nays – 0. 4. PUBLIC HEARING A. Panera Bread Restaurant Planner Tom Lovelace presented the staff report. Commissioner Scanlan asked if there are any questions from the Commissioners. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 17, 2021 Page 2 of 5 Commissioner Kurtz asked about the rib panel and whether there were any other merchants in Apple Valley using this material and if it was made from recycled materials. Planner Lovelace said it was just another type of material that provides a more decorative look. Since it is located on the front of the building, it is a more prominent material. He has requested samples of the material from the applicant. Commissioner Mahowald asked what would happen if someone came to the rapid pickup lane early and had others behind them in line, would they need to cycle back through the line? Planner Lovelace advised this would be a better question for the applicant. He thought the parking spaces to the west of the building may be an option for having customers who arrive early wait there. Commissioner Scanlan asked if there were any questions from the virtual commissioners – None. Commissioner Scanlan asked whether it would be beneficial for the parking spaces to the west of the building to be diagonal Planner Lovelace advised they would likely not be diagonal parking spaces as that would force takeout and dine-in customers to have to go through the drive- thru/rapid pickup lane in order to park there. Commissioner Scanlan asked whether there was an option to move the handicap parking location since it is currently disconnected from the building. Planner Lovelace advised discussing with the applicant about possibly moving the handicap spaces but that the west parking lot may not be best as they would need to cross in front of the drive-thru traffic. Commissioner Scanlan asked if there were any questions from the public – None. The applicant, Dan Cook, was present virtually. Dan Cook advised that there would be drive-thru pull-forward spaces for those who were in the queue before their order was ready so that they can wait without holding up others behind them and an associate would bring their order to them. He also advised that customers are notified through their app or email when their order will be ready and not to come until that time. Dan responded that the CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 17, 2021 Page 3 of 5 fiberglass rib panels are designed to look like masonry or stone though they are much lighter weight. Chair Melander requested to see a sample of the material. With no further comments, Commissioner Scanlan closed the public hearing. 5. LAND USE A. The Cove Planner Kathy Bodmer presented the staff report. Commissioner Mahowald asked if Planner Bodmer had any concerns about the environmental impacts referenced in Bill Sherry’s February 12th letter from the Farquar Lakes Association. Planner Bodmer stated the City has rules and requirements set up to protect the environmental areas and is committed to investigating and keeping watch of the site. The applicant would also need a state permit. A well-managed project can overcome any natural disturbances that would occur. Commissioner Diekmann asked what the total impervious surface would be for the proposed 17 units. Planner Bodmer stated 24.2%. Commissioner Diekmann asked what the maximum impervious surface allowed for the Shoreline Overlay District. Planner Bodmer stated 25%. Chair Melander affirmed his stance remained unchanged from the previous discussion on this development. Commissioner Burke asked if there was any difference in how the Shoreland Overlay District is applied whether the zoning changes or not. Planner Bodmer stated there would be different requirements since the development would be housing multiple families as opposed to single-families such as maximum 25% impervious coverage, 70% of SIC would need to be left CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 17, 2021 Page 4 of 5 undisturbed, 50% of property needs to be common open space. The applicant is achieving this by grouping some of the units together. Commissioner Scanlan asked if the Petitioner had any comments to add. Petitioner Mark Sonstegard mentioned that they have been working with staff and have come up with a revised 15-lot layout which also does not have the hammerhead turn-around. He also stated that if the commission denies the 17-lot layout that he would be open to feedback on the 15-lot layout. Commissioner Scanlan stated that the public hearing was closed previously but if the public had any new information or comments to add, they were welcome to do so. Vice President of the Lake Association, Tyler Kistner, stated the site was currently a nature preserve and that profit was the main driving force for wanting to put 17 lots at the site as opposed to three single-family lots. Commissioner Scanlan asked for a motion to approve or reject the rezoning. City Attorney Sharon Hills advised that the factual reasons related to the denial be stated along with the motion. Commissioner Burke stated his reason for the denial was that 17-units of detached villas would be too many units for the neighborhood, the density on this property is too much to be compatible with the neighborhood. Chair Melander stated that the challenging topography makes this a difficult project and would be detrimental to the lake which is already at risk. Commissioner Diekmann agreed with the facts stated by Commissioner Burke and Melander. Commissioner Kurtz added that it would be too much interruption of the natural habitat. Commissioner Scanlan stated his reasons being a concern for the density, environmental impacts on the lake, parking and turnaround capability, and lack of snow storage. MOTION: Commissioner Burke moved, seconded by Chair Melander, approving the denial of a rezoning of three properties from “R-1” to “PD.” Roll call vote: Ayes - 7 – Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 17, 2021 Page 5 of 5 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, April 7, 2021, 7:00 p.m. The next City Council meeting is Thursday, March 25, 2020, 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Commissioner Scanlan asked for a motion to adjourn. MOTION: Commissioner Kurtz moved, seconded by Commissioner Mahowald, to adjourn the meeting at 8:13 p.m. Roll call vote: Ayes – 7 – Nays – 0. Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 4/7/2021 . Thomas O. Melander, Chair I T E M: 4.A . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:Public Hearings Description: Consider O rdinance A mendments Related to Special E vents, Temporary S ignage, and Mobile F ood Units S taff Contact: A lex Sharpe, P lanner and E conomic Development Spec. D epartment / Division: C ommunity D evelopment Department Applicant: City of Apple Valley P roject Number: 17-15-O Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning C ommission not to act on a public hearing item the night of the public hearing. S UM M ARY: In May and September 2018 the C ity C ouncil provided staff direction on a draft ordinance for Special Events, Outdoor C ommercial Promotions, Temporary Signage, and Mobile Food Units. Utilizing the draft code as a guide, staff issued four event permits in 2019, this has resulted in staff learning several best practices, and potential alterations to the draft code. On February 5th, 2020 the Planning C ommission held a public hearing considering this item, on February 19th, 2020 the Commission unanimously recommended approval. Due to the pandemic staff did not bring forward a formal amendment for special events to C ity Council. Staff has been working to bring a brewing or distilling business to the community for several years, and the code was amended many years ago allowing these uses within the industrial zones. C ommonly breweries and distilleries host food trucks, or "mobile food units" as defined by code. To allow for this common practice staff has altered the ordinance the Commission previously recommended to allow for food trucks at breweries and distilleries as a conditional use. By allowing this use conditionally the C ity may place reasonable conditions to mitigate any potential impacts to surrounding properties. B AC K G RO UND : In May 2018, C ity Council reviewed/approved the Park Event policy and procedure application which manages events in C ity parks. T hese two processes have occurred on a parallel track, the proposed ordinance changes relate to events which are not contained within a park such as those in the right-of-way, on private business property, or at religious institutions and school events. T hey would not apply to events which normally occur on these properties such as outdoor religious services or pep rallies, but would apply to an outdoor concert with amplified music or a marathon/5k. T he draft ordinance only applies to private events, and would not alter the process for community sponsored events. A pple Valley has several community events, often done in conjunction with sponsoring organizations such as the C hamber of C ommerce, Apple Valley Freedom Days C ommittee, and the Apple Valley Arts Foundation, that may or may not be conducted fully within a park. Freedom Days, Oktoberfest, the Home and Garden Expo, Music in Kelley Park, and the Farmer's Market are examples of events the C ouncil would continue to review separately. Several current ordinance sections will require minor amendments to be consistent with the draft ordinance. A summary of the amendments has been created to provide an outline of the changes to these sections. T he Planning Commission will not provide direction on several of these ordinances as they are not within Chapter 155, Zoning, however, draft sections of these amendments are included as supplemental material to understand the full scope of the ordinance amendments. T he primary goal of this ordinance is to create a new classification of events because the current code does not address the scope of the emerging larger spectrum of events. Past experience by staff recognizes that simple neighborhood events such as sidewalk sales, promotional sales, grilled hot dog/burger fundraisers have evolved. T hese events are still popular, but are expanding into events with a larger scope that the code currently does not recognize. T he following are examples of these events: Employee team building with food trucks offering lunch that include customer and some public participation. Shared parking promotional events with information, merchandise, and music. Amplified music programs that occur outdoors by religious institutions and businesses in parking lots and grassy areas. 5K run/walk events which begin/end at a school, but are private events separate from school functions and utilize public roadways, parks, and trails. T he attached draft ordinances allow the following: A shift to an Avolve/PIMS based permitting process with low fees for small events and conditions for larger events which allow for reimbursement of C ity costs. C ity costs include hiring of officers to ensure event safety, Tracking of all events which will generate reports of experiences and a historical record. Regulation of food carts (a rarity) and food trucks (a new trend). Continued C ity C ouncil review of "community events". Staff review for smaller events (C ommunity Development leading coordination with Public Works, Parks and Recreation, Police, and Fire reviewing as needed). T he draft ordinance has a threshold of events with 1,000+ persons projected at any one time that triggers City C ouncil review. After three years of staff experience, staff is suggesting that this number increase to 2,000 people as the C ity has reviewed multiple events with more than 1,000 attendees. A fee structure including; A low fee for electronic submission and review of business promotions and small events. A fee structure for plan review and where City staff resources are reimbursed. To coincide with the draft changes to the promotions and events sections of the code, several other chapters require updating. T hese include temporary signs, right-of-way regulations, transient merchant, and vending cart regulations. Each of these draft sections are attached to this report. One of the primary requests from the business community has been to allow for temporary signage to not be tied to an event, and to increase the total number of days a temporary sign is permitted. Previously, temporary signs had a duration of no more than 10 days for any event and 30 days in total per year. T he draft ordinance increases the time a temporary sign is permitted in the C ity to 45 days per year and removes the requirement that the sign be tied to an event. T his allows businesses the flexibility to advertise for events lasting longer than 10 days, and coincides with the increase in the number of outdoor sales permitted. T he planned ordinance changes are not in conflict with the Parks and Recreation policy and procedures application. T he following points illustrate shared goals and how these policies review different outcomes: T he Parks and Recreation application applies to events which occur primarily within a park. T he proposed ordinances apply to land outside of parks, both public and private. T hese code amendments work in tandem with park applications that may involve the use of the right-of-way. Neither process applies to how liquor sales are managed as liquor sales are managed through the C ity C lerk. T he Parks application is being used as a model for the larger special events application and has already been used for a potential upcoming event. Ordinance amendments are required to review and apply conditions to events occurring on property outside of a park. Both processes will use the same staff review committee, but are managed by different departments based on whether they occur in a park or on other property within the C ity. B UD G E T I M PAC T: At this time, staff is not bringing fee schedule changes forward. Once the Planning Commission has provided direction on the planning related ordinances staff will work with the Police D epartment and C ity C lerk to make appropriate fee schedule changes to address private event costs to the C ity. AT TAC HM E NT S: Executive S ummary Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Summary of Outdoor Commercial Promotions & Special Events Outdoor Commercial Promotion (Existing regulation §155. 358) | • A sale or business-related event on commercial property conducted by tenant/occupant of commercial property on the property that the tenant/ occupant’s commercial use is located. Examples: sidewalk sale; outdoor product display; outdoor customer appreciation event ~OR~ • Fundraising sale or activity conducted by a non-profit organization or group for purposes of fundraising for the organization/group that is sponsored by tenant/occupant of the commercial property. Examples: high school band car wash, boy scouts’ brat sale; girl scouts’ cookie sales stand; • If commercial promotion, the following required: Permit~ administratively issued by Community Dev. A business may have 4 outdoor sale/event per year (4 permits per year) and each promotion event/permit for duration up to 10 days Up to 12 permits per property are allowed for fundraising events by an organization (no more than 3 days duration) –separate from any permit issued to business for its outdoor business sale /promotion. **Outdoor Food Sales (food truck, food tent/stand, food cart): Allowed only in connection with an event under a commercial promotion permit or special event (temporary outdoor event) permit. Special Event (Temporary Outdoor Event) (New proposed regulation) | •An outdoor cultural or entertainment event On public or private property in any zone or within city ROW Event open to the general public Activities include any one or combination of : o Exhibition of arts, crafts or live performance o Amplified music (live or recorded) o Amusement rides o Amusement games/activities o More than three (3) 3rd party food or product vendors Examples: farmers’ market, art/craft fair or show, street dance, music concert, fest or festival, soap box derby or car rally * Proposed Code section will also apply to athletic events (marathon, walk rally, bicycle rally or race) & parades. **Any outdoor temporary event of this sort that is to occur in a city park will be regulated by park regulations and policy. Special Events (Temporary Outdoor Event) Summary of proposed regulations for an outdoor special event: Permit~ administratively issued by Community Development Director; application subject to review/recommended approval by event committee (city department staff members: police, fire, public works, zoning and building inspections) Permit~ Council approval is required when the event proposes the following: o Anticipated attendance >300 persons o Music or other amplified sound equipment operated after 10:00 p.m. o Closure of city streets o Fireworks/pyrotechnics display/exhibition Permit application filed (with permit fee) 60 days before event Site Plan of event grounds submitted and reviewed/approved by committee All vendors must be identified and registered under the event permit If event is on city property (non-park property) or within city ROW, event permit holder must sign liability indemnification agreement Event permit holder must obtain and provide proof of general liability insurance coverage and liquor liability insurance coverage (if being sold/dispensed), naming the City as additional insured Event permit holder must pay/reimburse city for all costs incurred for city personnel, services and resources in connection with preparation of or operation of event (police presence due to traffic issues, public works costs due to post-event clean up, fire/police personnel for on-site medical response team) All event permits will have the following conditions: on-site first responder team; amplified music restrictions; vendors registered; alcohol sales licensed and area delineated; sign posting restrictions; all tents/canopies and stages comply with Building Code; all food trucks, food stands and other heat/fire apparatus subject to inspection and compliance with Fire Code 1 CITY OF APPLE VALLEY ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE FOOD UNITS The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is amended by adding the following definitions in Sections 155.03 to read as follows: VENDING CART. A portable or non-permanent structure, enclosure, or stand or a non- motorized vehicle self-propelled by the operator that used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. Section 2. Chapter 155 of the Apple Valley City Code is amended by revising Section 155.358 to read as follows: § 155.358 SPECIAL OUTDOOR COMMERCIAL PROMOTIONS. An outdoor commercial promotion is a sales or other business-related event conducted outdoors by a leasehold or owner occupant of commercial, industrial, or institutional property on which the principal commercial operation is located. An outdoor commercial promotion by a leasehold or owner occupant of commercial property may include, but is not limited to: outdoor product display, outdoor sidewalk sale, tent sale, outdoor customer appreciation event. An outdoor commercial promotion is also a not-for-profit organization fundraising event, such as a car wash conducted by a high school team, a brat sale by a boy or girl scout troop. Special An outdoor commercial promotions in on commercial, industrial, or institutional property zoning districts such as, but not limited to, tires at service stations, carnivals at shopping centers, sidewalk sales or similar outdoor displays and sales at service stations or shopping centers, shall only be by permitted as accessory uses when administratively approved by the Zoning Administrator, subject to under the following conditions: (A) The outdoor commercial promotional sales approval shall only be given to the owner of a business or his or her duly appointed representative shall be conducted by and in connection with an occupant business on the subject property or by a not-for-profit organization for a fundraising event on the subject property with the consent of the property owner; (B) The approval permit shall be valid for a period not to exceed ten (10) days for one outdoor promotion by an occupant business and no more than four (4) permits will be issued in a calendar year to an occupant business. A permit to a not-for-profit organization for a 2 fundraising event on the subject property shall not be for more than three (3) consecutive days and no more than twelve (12) permits will be issued for a single parcel or lot of record regardless which occupant business sponsors or promotes the event. Each business shall not be allowed more than one special promotion during any calendar year, except a permit for sidewalk sales which shall not be allowed more than two times during a calendar year; (C) The outdoor commercial promotional sales shall be conducted entirely upon the owner’s subject property in a manner that will not interfere with traffic circulation or otherwise create a nuisance or safety hazard as determined by the Zoning Administrator; (D) Individual stores within a shopping center or a free-standing store may be given approval for sidewalk sales; (ED) A Ssidewalk sales shall be restricted to the area immediately adjacent to the front of the store that is conducting the sale on the sidewalk or parking lot. The sales or display shall permit a minimum four-foot wide open sidewalk area in front of each store at all times for pedestrians; and (FE) Failure to comply with these regulations shall be sufficient reason to immediately revoke the approval approved permit and grounds for denial of future permits. Section 3. Chapter 155 of the Apple Valley City Code is amended by adding Section 155.361 to read as follows: §155.361 PARADES, ATHLETIC EVENTS, AND OTHER TEMPORARY OUTDOOR EVENTS (A) Purpose. An increased number of events sponsored by private individuals, groups of private individuals and organizations involving a large number of participants or attendees of the general public have been requested within the city. The sponsors of the events have requested or the nature of the events have required city services or resources which would not have been otherwise necessary in the absence of such event, including but not limited to, street closures or restrictions, traffic direction and control, city personnel resources, city resources to provide services for the operation of a special event in whole or part, and other city services to protect the general public health, safety and welfare due to the occurrence of a special event. To protect the participants, attendees, and the general public involved in or affected by the special event, as well as to preserve and protect the city's property, streets, sidewalks and trails, and resources, it is in the best interest of the city to establish a temporary outdoor event permit process, together with rules and regulations for the operation of a temporary outdoor event under the permit. Events subject to this section may include, but are not limited to: parades; athletic events such as a marathon, walk or run event, bicycle rallies or races; farmers' markets; art or craft fairs; festivals; or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth in (C) herein. 3 (B) Definitions. APPLICANT shall mean any person, organization or entity applying for a temporary outdoor event permit from the city to conduct a temporary outdoor event governed by this section. ATHLETIC EVENT shall mean an event in which a group of persons collectively engage as participants to an organized event in which the group walks, runs, skates, skis or cycles as part of a race, cause or other reason within a public right-of-way, including sidewalks and trails or use of city property in whole or part for the event within the city. For purposes of this section, an athletic event may be a timed or an untimed event or it may or may not involve an award of prizes for the top finishers. For purposes of this section, an athletic event does not include a group of individuals walking, running, or cycling solely for personal exercise or organized team practice that is not in connection with an organized or sponsored event open to the general public for participation. BLOCK PARTY shall mean a festive gathering of persons within a public or private street requiring the closure of or restriction on the street, or a portion thereof, to vehicular traffic and the attendance is open to the general public, including, but not limited to street dances, barbecues, picnics, music, games and gathering. A block party in a residential neighborhood that is hosted and attended by the occupants of the properties located along the public right-of-way in which the block party occurs shall not be deemed a "block party" for which a temporary outdoor event permit is required under this Section, provided a block party permit has been issued by the police chief and director of public works pursuant to the rules and regulations established for neighborhood block parties. EVENT shall mean a parade, athletic event, or other temporary outdoor event. OTHER TEMPORARY OUTDOOR EVENT shall mean an event open to the general public which occurs on public or private property or a public right-of-way, including any sidewalk or trail. For purposes of this section, other temporary outdoor event includes, but is not limited, to a farmer's market; art and craft fair or show; block party; soap box derby; motorized vehicle rally; street dance or fair; music concert; festival or fest or similar event in which food, beverages, goods, or wares are sold or provided to attendees. For purposes of this section, an event which its sole purpose is to advertise or sell a product, good, ware, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit will not be deemed a temporary outdoor event for which a permit may be issued and will not be eligible for a temporary outdoor event permit. OUTDOOR EVENT PERMIT COMMITTEE shall mean a committee comprising of a city employee duly appointed by the director of each of the following city departments: parks and recreation, police, fire, public works, community development, administration, and city clerk. PARADE shall mean any movement of vehicles, persons, or animals, or any combination thereof, which either moves together or as a body as an intended procession or group. The term "parade" shall not include any organized marathon, walk or run event or bicycle event which is otherwise defined as an "athletic event" herein. 4 PERMITTEE shall mean any person or organization or group issued a temporary outdoor event permit by the city. PROCESSION shall mean the act of moving along or proceeding in orderly succession or in a formal, organized or ceremonious manner. PUBLIC RIGHTS-OF-WAY shall mean the entire area dedicated on a plat or contained in an easement or other conveyance or grant to the city for purposes of public vehicular and pedestrian traffic and shall include, but not be limited to: streets and roadways; boulevards; sidewalks; trails; alleys; and other public property between lateral property lines in which a roadway lies. (C) Permit required. (1) A temporary outdoor event permit is required in connection with any of the following: (a) Athletic event that is proposed to occur within city property or public rights-of- way and are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races, that occur in whole or part within city streets. (b) Athletic event that is proposed to occur within city property or public rights-of- way and are not timed or for which prizes are not awarded to the top finishers, but anticipate 2,000 or more participants in a walk/run event or 1,000 or more cyclists in a cycle event that occur in whole or part within city streets. (c) Event for which street or intersection closures or restrictions are required as determined by the city or as may be requested by the event sponsor, unless otherwise excluded by definition of the event in this section. (d) Parade. (e) Events to occur within the city that are open to the general public in which one or a combination of the following activities are to occur: more than three (3) registered vendors, exhibition of arts, crafts or live performance, amplified music (live or recorded), amusement rides, or amusement games/activities which thereby may require the use of city services, including but not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property, that would not otherwise be necessary in the absence of such temporary outdoor event. (2) A temporary outdoor event permit is not required for the following: (a) Funeral procession; (b) A governmental agency activity within the scope of its duties; 5 (c) Any event held wholly within the boundaries of an Apple Valley park, inside a park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex, civic center, ice arena, park pavilion) for which a park facility permit is issued; or (d) Any untimed bike event that commences outside of, but travels through the City of Apple Valley, and has fewer than 50 participants within the city at any one time and does not require city services or resources, provided: (i) The organizer shall submit to the Zoning Administrator written certification that fewer than 50 participants will be within the city at any one time; and (ii) All participants shall obey all traffic laws. (D) Permit issuance. (1) The Zoning Administrator is authorized to issue temporary outdoor event permit in accordance with this section that does not otherwise require city council approval. The Zoning Administrator shall approve, conditionally approve, or deny an application for a temporary outdoor event permit in accordance with the provisions of this section. All applications shall be reviewed by the temporary outdoor event permit committee. The temporary outdoor event permit committee shall establish and amend, as necessary, rules and regulations governing the implementation of this section and all events under a temporary outdoor event permit, subject to the adoption by the city council. (2) A temporary outdoor event permit may be issued only upon city council approval when the outdoor event involves the one or more of the following: (a) 300 or more persons are reasonably expected or anticipated to attend the event; (b) Other than a farmers market or flea market, the event plans to have more than 3 vendors, or 3 activities, or a combination of both; (c) The event plans to provide live or recorded amplified music or sound; (d) The event plans to terminate activities later than 10:00 p.m.; (e) The event proposes to close a public street classified as a minor collector or higher classification; or (f) The event intends to have a fireworks display/exhibition. (3) A temporary outdoor event permit shall be denied if the temporary outdoor event committee determines that one or more of the following exists based upon the application and other pertinent information received: 6 (a) The application, along with the application fee, was filed with the city clerk after the filing deadline date as set forth in this section and there is insufficient time to process and review the application or provide the necessary city services required for the proposed event. (b) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail. (c) The applicant/sponsoring organization of the event has, within the preceding 24 months, violated a previously issued temporary outdoor event permit or its conditions, including the rules and regulations applicable to temporary outdoor event permits, violated any term or condition of any previous park facility permit or reservation to use the city's property, or violated any city or state law in connection with the use of city property or public rights-of-way. (d) The applicant failed to complete or sign the application form by the required deadline after having been notified of the additional information or documents required, including the provision of traffic and emergency plans. (e) The traffic plan or emergency plan submitted by the applicant does not meet the approval of the chief of police or director of public works. (f) The sole purpose of the event is to advertise or sell or attempt to sell goods, wares, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit. This provision does not apply to the sale of products, goods, wares, or merchandise as part of a farmers' market, art or craft fair, or the like or as a vendor registered for an event permitted hereunder and does not apply if the advertising is secondary to or as a sponsoring organization of the event. (g) The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion. When the grounds for denial of an application for permit based upon subsections (a) through (g) above can be corrected by altering the date, time, duration, route, or location of the event, the Zoning Administrator may, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance based upon the revised date, time, duration, route, or location of the event in order to meet the subsections above. (E) Permit application procedure and fees. (1) Filing of application. An application for a temporary outdoor use permit shall be on a form provided by the city and contain all information requested therein and shall contain such other information as the city may require. The application shall be filed along with a non- refundable permit application fee in the amount set by city council resolution. When the temporary outdoor event permit committee finds that supplemental information is reasonably necessary in 7 order to act on the application, the applicant shall file with the Zoning Administrator all supplemental information requested within five business days of the request. An application for a temporary outdoor use permit shall be filed with the Zoning Administrator no less than 60 days prior to the proposed event date. In calculating the 60 days, the date on which the application is filed and the day of the event shall not be counted. If an application is filed after the filing deadline or the filed application is not signed or fully completed, the permit application shall be denied, unless (1) the Zoning Administrator, upon a showing of good cause by the applicant, has first determined that there is sufficient time to review and process the application and provide the necessary city services required for the proposed event; and (2) the City Council, provided sufficient time exists for placement on a regular council meeting agenda, approves the issuance of the permit. (2) Application Information Required. In addition to the information requested on the city’s application form, the applicant shall submit as part of the application the following: (a) A detailed site plan, to scale, depicting the following: (i) The entire area of the property on which the event will occur (ii) Location of all vendors or other event booth or tents, identifying each type of vendor booth, cart or mobile food unit (iii) If the event is occurring in a parking lot, the number of parking spaces being occupied by the event. (iv) Proposed vehicular and pedestrian traffic flow within the event area and immediately adjacent to the event area and the public rights-of way. (v) Location of all restroom facilities for the event. (vi) Location and type of all refuse containers to be placed (vii) Identification of any access points into the property from streets that are proposed to be closed. (viii) If music or other amplified sound is proposed to occur for the event, the location of the stage and the amplified equipment (speakers). (b) A list of all vendors proposed to be participating in the event, including any food, beverage, goods and wares, and description of type of service (e.g. vendor table/booth, tent, vending cart, mobile food unit). Identification of each vendor shall include the vendor’s business name, contact name, type of product or service to be vended and type of vending structure or stand. (c) If music or other amplified sound is proposed to occur for the event, identify the amplified sound proposed, the hours to occur and the location of all equipment. 8 (3) Requirements upon approval, but before issuance of permit. Upon the approval of the application, but prior to the issuance of the permit, the applicant shall submit to the city the following: (a) If the event is to occur on city property or within city right-of-way, the permit applicant and authorized officer of the sponsoring organization, if any, shall sign an indemnification agreement with the city as prepared by the city under which the applicant/permittee/sponsoring organization agrees to (1) defend the city against and indemnify and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting from any damage or injury occurring in connection with the permitted event; (2) reimburse the city for any costs incurred by it in repairing damage to city property or public rights-of-way occurring in connection with the temporary outdoor event; and (3) to reimburse the city for all expenses and costs incurred by the city for its services related to the event that are not otherwise covered or in excess of the city services/resource fee deposit paid by the applicant. (b) The applicant/sponsoring organization of the event shall obtain and maintain commercial general liability insurance on an occurrence basis to protect against loss from liability imposed by laws for damages on account of bodily injury or property damage arising from the event. Such insurance shall name the City of Apple Valley on the policy or by endorsement, as additional insureds. The insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000.00 combined single limit and a minimum $2,000,000.00 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event, whether by the permittee or a registered vendor, the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000.00. If alcoholic beverages are sold or provided at the event, the insurance coverage shall include an endorsement for liquor liability in an amount as otherwise required in the city's regulations governing the sale and licensing of alcoholic beverages. A copy of the policy or a certificate of insurance, clearly identifying the City of Apple Valley as an additional insured, shall be filed with the Zoning Adminstrator not less than thirty (30) days before the date of the event. If a copy of the policy or the certificate of insurance is not filed with the city as required herein, the permit shall not be issued and the event shall not occur. (c) Upon approval of the application for a temporary outdoor event permit, the Zoning Administrator shall provide the applicant with a statement of the estimated cost of the expenses incurred by the city in connection with providing city personnel, services and resources necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city services/resources fee, the amount equal to 125 percent of the estimated costs as determined in the statement no later than thirty (30) days prior to the date of the event. If the applicant/permittee fails to remit the payment of the city services/resources fee deposit as required herein, the permit shall not be issued and the event shall not occur. The city services/resources fees shall be in the amounts as set by city council resolution. 9 (d) Upon approval of the application, and not less than fourteen (14) days prior to the event, the applicant/permittee shall notify in writing all properties abutting any public rights-of-way in which the event will occur and said notice shall advise of the event, including the date, duration of time and any street restrictions imposed as a result of the event. The applicant permittee shall also post signs, as approved by the city, at all affected street intersections. (F) Conditions of permit. All temporary outdoor events permits shall be subject to the following conditions: (1) The permittee shall comply and conduct the event in compliance with all conditions imposed with the issuance of a temporary outdoor event permit. The permittee, or an authorized designee, shall establish in advance of the event and maintain at all times during the event means to have immediate contact with and access by city staff. (2) The permittee/sponsoring organization of the event shall be responsible for the conduct of all employees, agents, or volunteers working in the event and shall take all steps necessary to ensure the employees, agents, or volunteers working in the event comply with the permit conditions set forth in this section and all conditions set forth in the permit. (3) The event shall have an emergency medical first response team on site specifically assigned to the event if deemed necessary by the police chief or fire chief due to the nature of the event. (4) The permittee shall comply with all city, county, state and federal laws and regulations relevant to the event, including any animal protection laws and regulations. (5) No electronic sound system or audio equipment or any other device designed to produce or reproduce audio sound shall be used unless specifically approved under the permit and all use shall be in accordance with permit terms (6) No sale or furnishing of food or non-alcoholic beverages shall occur at the temporary outdoor event, unless the vendor is a registered vendor under the event permit, the vendor possesses all required licenses from the State of Minnesota and the vendor complies with the vending cart and mobile food unit regulations elsewhere in this Chapter. (7) No sale or furnishing of alcoholic beverages shall occur at the event unless a license is first obtained from the city. Provided the appropriate license has been issued for the sale or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with the licensed conditions. (8) No sale of any goods, products or merchandise shall be sold at the event unless the vendor is a registered vendor under the event permit. (9) No signs or banners shall be posted unless specifically approved under the permit. 10 (10) No public rights-of-way, including sidewalks, trails and paths, shall be written upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly adopted by council resolution, will be charged to the event organizer if this provision is violated. (11) All tents and temporary membrane structures in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. (G) Unlawful acts. (1) It is unlawful for any person to sell or offer for sale any food or merchandise at an event or along the route of any parade or athletic event unless the vendor is registered under the event permit. This provision shall not apply to the parade held in connection with the Apple Valley Freedom Days. (2) It is unlawful for any person to participate in an assemblage within the vehicular travel portion of any public right of way unless it is in connection with an event for which a temporary outdoor event permit or block party permit has been issued by the city and is not otherwise in violation of any traffic direction or control order of a police officer. Section 4. Chapter 155 of the Apple Valley City Code is amended by adding Section 155.362 to read as follows: §155.362 VENDING CART & MOBILE FOOD UNIT PROHIBITED; EXCEPTIONS. (A) No vending cart or mobile food unit shall be permitted to operate for the direct sale of food or beverage therefrom to the general public at any location within the city, except when operated under the following circumstances: (1) As part of a permitted outdoor commercial promotion as defined in and in accordance with the regulations thereof in this Chapter; (2) As part of and as a registered vendor for a community festival or permitted temporary outdoor event as defined in and in accordance with the regulations thereof in this Chapter; or (3) As part of a private event or gathering not open to the general public and no direct sales of food or beverage to the event guests are occurring, rather food or beverage is served or provided to guests gratuitously by the event host, such as graduation party, family reunion, company picnic or party. (B) The operation of any vending cart and mobile food unit permitted under this Code shall be subject to the following requirements: 11 (1) No vending cart or mobile food unit from which sales are being offered shall be parked within a public or private street unless part of a temporary outdoor event for which a permit has been issued and only if approved in writing by the Director of Public Works. (2) All electrical and gas fixtures and hook-ups shall be subject to the inspection of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending cart or mobile food unit shall operate at an approved event if found not in compliance with the Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee. (3) The vending cart or mobile food unit shall have a valid license, if so required as a food or beverage service operation/establishment from the State of Minnesota-Department of Health and the license shall be conspicuously posted on the cart/unit during operation within the city. (4) The operator of the vending cart or mobile food unit shall properly dispose its gray water daily if the event is more than a one day event. No gray water or other waste from the vendor’s operation shall be disposed, drained or dumped into a storm drain or upon the ground. (5) In addition to any signage imprinted upon the vending cart or mobile food unit, each vending cart or mobile food unit operation may have detached signage, subject to the following requirements: (a)One (1) sandwich board style sign not exceeding eight (8) square feet; (b)The sign shall be placed on the ground and within ten (10) feet of the cart/unit; (c)The sign shall not be placed within the public right-of-way, including the sidewalk/trail and boulevard area, unless allowed by a permit issued by the City; and (d)The sign shall not project from the vending cart or mobile food unit or located on the roof of the mobile food unit. (6) No music or other sound or message(s) shall be emitted from or by the operator of a vending cart or mobile food unit by any electronic sound system or audio equipment. (7) Two (2) refuse containers, each not less than 32 gallons, shall be provided and kept in clean and usable condition within 10 feet of the cart/unit. (8) The site immediately surrounding the cart/unit shall be kept in a clean, neat and orderly manner during the event and shall be cleaned and all refuse removed upon completion of the operation. (9) A mobile food unit with a fire suppression system under the cooking hood shall have the system tested and tagged in accordance with applicable codes. A mobile food unit 12 must have at least one (1) 2A:20BC fire extinguisher in the mobile food unit. If deep frying occurs in the cart/unit operation, then the operator must have at least one (1) Class K fire extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated within the past 12 months. (10) Tents and temporary membrane structures used with or as the vending cart having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. (11) Liability insurance required??? (C) No mobile food unit shall be parked or stored when not in operation on any residential property, within or outside of a garage or other storage building. A mobile food unit may be parked or stored outdoors when not in operation on any property zoned as Business Park (BP), Industrial (I-1 & I-2), or a Planned Development for such uses pursuant to a conditional use permit issued by the City. Section 5. Chapter 155 of the Apple Valley City Code is amended by revising Section 155.375 to read as follows: § 155.375 USE OF OFF-STREET SPACES. Required off-street parking space in commercial, or industrial, or institutional districts, including those within a planned development district, shall not be utilized for open storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are inoperable, or for lease, rent or sale, except where otherwise permitted. Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or institutional uses may store up to three (3) passenger motor vehicles or one (1) non- passenger motor vehicle on the property, provided each vehicle is (1) owned or leased by the occupant; (2) regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall, except the one permitted non-passenger motor vehicle shall not be larger than the aggregate footprint of the length of two (2) contiguous parking stalls; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this paragraph exceed three for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi-tractors, or vehicles for sale. Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 13 Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ____ day of ________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE FOOD UNITS 14 The following is the official summary of Ordinance No. ____passed by the City Council of Apple Valley on _______, 2018: Chapter 155 of the City Code is amended to add definitions for vending carts and mobile food units. Chapter 155 is also amended to clarify regulations of outdoor special events and commercial promotions. Chapter 155 is amended to add new permit provisions and regulations of outdoor special events open to the public. Chapter 155 is amended to allow overnight parking of business vehicles in off- street parking areas. Chapter 155 of the City Code is amended to regulate operation of vending cart and mobile food units. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING SECTIONS 155.203 AND 155.218 REGULATING FOOD TRUCKS IN CONJUNCTION WITH SMALL BREWERY & MICRODISTILLERY USES IN INDUSTRIAL DISTRICTS The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by adding Section 155.203(N) to read as follows: (N) Mobile food unit(s) in conjunction with the operation of a brewer taproom or a microdistillery cocktail room, as defined in and holding a valid alcohol license under Chapter 111 of the Code. Section 2. Title XV of the Apple Valley City Code is amended by adding Section 155.218(K) to read as follows: (K) Mobile food unit(s) in conjunction with the operation of a brewer taproom or a microdistillery cocktail room, as defined in and holding a valid alcohol license under Chapter 111 of the Code. Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ___ day of ________, 2021. _________________________ Clint Hooppaw ~ Mayor ATTEST: ___________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL EVENT AND PROMOTIONAL SIGNS The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the following definition in Section 154.02 to read as follows: PROMOTIONAL CIVIC EVENT SIGN. A temporary sign which shall not exist for more than 30 days which promotes a special school, city or other civic events, celebration or festival promotions limited to city celebrations, Christmas tree sales, Fire Department’s Booya and special school events. Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.03(E) to read as follows: (E) Promotional Civic event sign. (1) Special civic promotions or events. In promotion of a special school, city or other civic event, celebration or festival, two ground signs not exceeding 32 square feet in area, for each sign, are permissable permissible no more than 30 45 days before the first day of an event, celebration or festival and shall be removed immediately upon the completion of the event, celebration or festival. Signs permitted under this division provision may be located in any zoning district subject to the permission of the property owner. (2) Christmas tree sale signs. Any signs in connection with Christmas tree sales shall be subject to the regulations thereof in Chapter 114. Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(I) to read as follows: (I) Other Temporary special event or promotion signs. The following additional signs are permitted under this section, subject to the restrictions thereof. Professionally manufactured banners, streamers, and balloon or other temporary signs are permitted, upon the issuance of a permit from the city therefor, in commercial, industrial and institutional zoning districts for the purposes of promoting commercial special promotions, sales or events or promoting temporary outdoor special events as defined in the zoning regulations. Such temporary signs shall also be permitted on properties located in the “M-4” to “M-8” zoning districts that are used for multiple residential apartments or rental unit buildings under single ownership in order to advertise such properties or units for rent or lease. Any banner, streamer and balloon The temporary sign permitted hereunder shall be located upon the site of the promotion, sale or event. and shall be removed no later than 15 days after the first day of the special promotion, sale or event will not be permitted in any one location more than 30 days per calendar year. A sign allowed by permit under this provision shall be removed within 24 hours of expiration of the permit. Any person/entity seeking a temporary sign permit hereunder shall be limited to no more than 45 days per calendar year for placement of a single sign or multiple signs throughout the year. Such temporary signs shall not include lit, portable, or handmade signs. Section 4. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.05(G) to read as follows. (G) Advertising or billboard signs; prohibited. No advertising or billboard sign which directs attention to a business, commodity, service or entertainment shall be placed or located within any street rights-of-way. No advertising or billboard sign shall be on property other than the premises on which the business, commodity, service or entertainment is located. Section 5. Chapter 154 of the Apple Valley City Code is amended by revising Appendix B to read as follows: APPENDIX B: TEMPORARY SIGN SIZES The following are size regulations for all temporary signs. Sign Description Pylon Sign Ground Sign Building Sign Maximum Area (sq. ft.) Construction — 1 — 32 in any district Real estate — 1 1 6 in residential district; 16 other districts Development — 1 — 80 in any district Noncommercial — 1 — 32 in any district Promotional Civic Event — 1 — 32 in any district All other temporary signs __ __ __ 32 in permitted districts Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ____ day of ________, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL EVENT AND PROMOTIONAL SIGNS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on ____________, 2018: Chapter 154 of the City Code is amended to clarify regulations allowing temporary signs for school, city/civic events, celebrations and festivals. The amendment also revises permitted duration of temporary signs for outdoor commercial promotions and outdoor special events for consistency with the new/amended regulations of those outdoor events in Chapter 155 of the Code. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 118 OF THE CITY CODE REGULATING VENDING CARTS Section 1. Chapter 118 of the Apple Valley City Code is amended by revising Section 118.01 to read as follows: No person shall operate a mobile vending cart without first obtaining a license from the city as provided in this chapter. Each vending cart must be separately licensed and a person may operate only at the location specified in the license. No license shall be required for a vending cart or mobile food unit when operated under the following circumstances: (A) As part of a permitted promotional sale as defined in and in accordance with the zoning regulations in this Code; (B) As part of a community festival or permitted temporary outdoor special event as defined in and in accordance with the zoning regulations in this Code; (C) As part of a private event or gathering not open to the general public and no sales of food or beverage to the guests are occurring. No mobile food unit shall be permitted to operate for the sale of food or beverage therefrom to the general public at any location within the city, except as otherwise permitted in conjunction with an outdoor commercial promotion or outdoor special event in accordance with the zoning or other regulations in this Code. Section 2. Chapter 118 of the Apple Valley City Code is amended by revising the following definition in Section 118.02 to read as follows: * * * * VENDING CART. The phrase “vending cart” shall mean any structure used for the purpose of selling or giving away food and beverages outdoors. a portable or non-permanent structure, enclosure, or stand or a non-motorized vehicle self-propelled by the operator that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. Section 3. Chapter 118 of the Apple Valley City Code is amended by adding the following definition in Sections 118.02 to read as follows: MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. 2 Section 4. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 114 OF THE CITY CODE REGULATING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Section 1. Chapter 114 of the Apple Valley City Code is amended by revising the following definition in Section 114.01 to read as follows: * * * * TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days. Section 2. Chapter 114 of the Apple Valley City Code is amended by revising Sections 114.02 (B) to read as follows: (B) The following shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS: In addition, pPersons conducting the type of sales commonly known as garage sales, rummage sales or estate sales;, as well as those persons participating in an organized multi-person bazaar or flea market,; persons participating as a vendor in a promotional sale or temporary outdoor event as defined in and in accordance with the zoning regulations of this Code or as may be permitted under this Code; shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be anyone person conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court-ordered sale. Exemption from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 3. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 96 OF THE CITY CODE REGULATING OBSTRUCTIONS AND EXCAVATIONS WITHIN PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY Section 1. Chapter 96 of the Apple Valley City Code is amended by revising Section 96.06 (B) to read as follows: (B) Public nuisance declared. Any obstructions or excavations within a public right-of-way or public grounds, except under a permit issued by the city, constitute a public nuisance. It shall be unlawful for any person to place or make any obstruction or to excavate within any public right-of-way or public grounds unless the city grants, in its sole discretion, a written permit therefor. This section shall not apply to a lawfully registered motor vehicle pursuant to M.S. Chapter 168 that is lawfully parked in the roadway portion of the public right- of-way or upon a portion of a driveway within the public right-of-way, provided the motor vehicle is not blocking any portion of a sidewalk or trail. Mobile food units, as defined elsewhere in this Code, from which sales or attempted sales are being conducted therefrom shall not be deemed to be a “lawfully registered motor vehicle” for purposes of the exemption from this Section. This section shall not apply to excavations in the boulevard area of a public right- of-way in connection with installation of mailboxes or irrigation systems and planting of trees. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 94 OF THE CITY CODE REGULATING PUBLIC NUISANCES Section 1. Chapter 94 of the Apple Valley City Code is amended by revising Section 94.17(H) to read as follows: (H) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk, unless otherwise in accordance with an event authorized by permit issued by the city or other regulation of this Code; Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.A . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:L and Use / A ction I tems Description: P anera B read Restaurant - P C21-04-C B S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: P anera B read, L L C and Brixmor P roperty Group P roject Number: P C21-04-C B Applicant Date: 2/3/2021 60 Days: 4/3/2021 120 Days: 6/2/2021 AC T I O N RE Q UE S T E D: If the Planning C ommission concurs, staff is recommending the following: 1. Recommend approval of a conditional use permit to allow for drive-through window service, including a rapid pickup lane (RPU), in conjunction with a C lass I restaurant on property located at 15200 C edar Avenue and legally described as Lot 4, Block 1, Southport C entre. 2. Recommend approval of site plan/building permit authorization to allow for construction of a 4,300-sq. ft. C lass I restaurant with drive-through window service on an existing 1.28-acre lot located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre, subject to the following conditions: 1. C onstruction shall occur in conformance with the site plan dated March 25, 2021; subject to the addition of one accessible parking space that shall be located directly adjacent to the two proposed accessible spaces. 2. A bike rack shall be installed in front of the building. 3. C onstruction shall occur in conformance with the patio plan dated February 19, 2021; subject to the installation of decorative fencing around the outdoor dining area. 4. An outdoor dining area fencing plan shall be submitted and approved by city staff prior to issuance of a building permit. 5. C onstruction shall occur in conformance with the elevation plans dated March 26, 2021. 6. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3)(a)(b) of the city code. 7. C onstruction shall occur in conformance with the landscape plan dated March 25, 2021; subject to submission of a detailed landscape planting price list for verification of the City’s 2.5% landscaping requirement at the time of building permit application. 8. Site grading shall occur in conformance with a Natural Resources Management Plan (N RMP) which shall include final grading plan to be submitted for review and approval by the C ity Engineer. 9. Installation of utilities shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer. 10. T he infiltration basin and underground storm water infiltration system shall be constructed in conformance with the C ity standards. 11. T he property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 12. T he property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the underground storm water infiltration system. 13. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 14. A separate application and signage plan in conformance with the sign regulations must be submitted to the C ity for review and approval prior to the erection of any signs. S UM M ARY: Panera Bread, LLC and Brixmor Property Group are requesting approval of of a conditional use permit and site plan/building permit authorization to allow for construction of a 4,300-sq. ft. Class I restaurant with drive-through window and rapid pick-up lane service on an existing 1.28-acre lot. T he site is located at 15200 C edar Avenue, in the Southport C entre retail development and is the current location of the Baker's Square restaurant. T he site is located in zone 2 of Planned Development N o. 244, which allows for C lass I and II restaurants as permitted uses and drive-through window service in conjunction with a C lass I and II restaurant as a conditional use. T he applicant is requesting approval of a conditional use to allow for drive-through window service in conjunction with a C lass I restaurant. T his request will include one lane that will allow the customer to order from a menu board and pick up their order at the drive-up window, and a second lane, called a rapid pick-up (RPU) lane that allows a customer to order by means other than from an on-site menu board and pick up their order at the drive-up window. T he RPU lane is an addition from what was approved in 2019. T he second part of the request involves the demolition of the existing 5,738-sq. ft. Baker's Square restaurant and construction of a 4,300-sq. ft. restaurant. B AC K G RO UND : In 2018, a planned development ordinance amendment, conditional use permit and site plan/building permit authorization for the subject property. T he request included: 1. An ordinance amendment to allow drive-through window in conjunction with a C lass I restaurant in Planned Development N o. 244/zone 2 2. A conditional use permit to allow for drive-through window service in conjunction with a Panera Bread Restaurant, located at 15200 C edar Avenue. 3. Site plan/building permit authorization to allow for construction of a 4,820-sq. ft. restaurant with drive-through window service on a 1.28-acre lot. T he three requests were recommended for approval by Planning C ommission on J anuary 9, 2019, and were approved by the C ity C ouncil on J anuary 24, 2019. T he Planned Development Ordinance Amendment was adopted and incorporated in to the zoning code, but improvements to the site consistent with the site plan/building permit and conditional use permit resolutions were never completed. T herefore, the conditional use permit and site plan/building permit authorization approvals became null and void. T he new request is asking for the following: 1. A conditional use permit to allow for drive-through window service and rapid pick-up lane (RPU) in conjunction with a Panera Restaurant. 2. Site plan/building permit authorization to allow for construction of a 4,300-sq. ft. restaurant with drive-through window service on a 1.28-acre lot. Comprehensiv e P lan: T he subject property is currently designated "C" (Commercial) on the 2040 C omprehensive Plan Land Use Map. T he commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts. T he C ity uses the zoning ordinance to regulate the intensity and characteristics of development based upon land use criteria and performance standards. Examples of limitations to development include required parking, building setbacks, infiltration, site access and lot coverage. Retail uses typically encompass the traditional community shopping businesses and occupy much of the downtown area. T his specific commercial land use is intended to accommodate a wide range of commercial goods and services. Off-site impacts include activity, light, noise and generally higher traffic generation rates than other commercial uses. Residential developments are not allowed within this land use category except for those planned in conjunction with a planned development or within the upper floors of multi-level buildings as a conditional use to ensure that impacts are mitigated. Retail land uses will be zoned "RB" (Retail Business), "SC " (Regional Shopping C enter), and "PD" (Planned Development), which allows uses according to the specific performance standards: High quality site and architectural design and building materials are expected to be used within this land use category to promote pleasing off-site views of the development; Development in the downtown area shall adhere to the Downtown Design Guidelines; Landscaping shall be installed to provide aesthetic treatment of buildings and to soften parking lot areas; Significant traffic generation during the weekday and weekends is associated with retail development. Traffic studies may be requested in conjunction with the review of large developments that have the potential to threaten the integrity of the existing and planned roadway system. Additionally, developments that lower the level of service on adjacent roadways or intersections may be required to install traffic improvements to improve the level of service to its pre-development condition if C ity approval is granted. Driveway access points to the development shall be from non-local streets or those designed for primarily non-residential traffic. N o direct access to C ounty Road #42 and Cedar Avenue shall be allowed; and Lighting is limited to parking lot and building illumination designed for employee safety. Zoning: T he site is located in zone 2 of "PD-244" (Planned Development). T he purpose of this planned development zone is to provide a mix of shopping center, freestanding retail and limited business uses, including restaurants. T he proposed restaurant is classified as a C lass I C asual Restaurant, which is a permitted use. Prior to 2019, drive-through window service was not a permitted, conditional, or accessory use in this planned development except as part of a Class II (fast-food) restaurant. In 2018, the applicant submitted a request for an amendment to the planned development ordinance to allow drive-through window service in conjunction with a C lass I restaurant as a conditional use in zone 2. On J anuary 9, 2019, the Planning C ommission recommended approval of the proposed ordinance amendment and on J anuary 24, 2019, the C ity C ouncil passed an ordinance allowing drive-through window service in conjunction with a C lass I restaurant in "PD-244/zone 2 subject to the following conditions: 1. T he C lass I restaurant shall be a freestanding building. 2. Only one C lass I restaurant with drive-through window service shall be allowed. 3. All signage associated with the drive-through window service shall adhere to Chapter 154 of the Apple Valley Code of Ordinances. Conditional Use P ermit: T he applicant is requesting approval of a conditional use permit (C .U.P.) to allow for drive-through window service that will include a lane for ordering from a menu board and pickup at a window similar to what was approved in 2019. Another piece to this C .U.P. request is the addition of a second lane that allows a customer to order by means other than a fixed on-site menu board and pickup the order at the drive-up window. T his is a relatively new service that allows customers to order and pre-pay online and pickup at a designated time. T he submitted plans show that 8-10 vehicles will be able to stack up in each lane. T he city code requires a minimum of six stacking spaces for each drive-up window. Site P lan: T he site is currently occupied by 5,738-sq. ft. restaurant and 72 parking spaces on 1.28 acres. T he applicant will be removing the existing structure, curb and gutter directly adjacent and to the east of the building, pavement, concrete sidewalks, surface parking spaces and landscaping in preparation for the construction of the new restaurant. In 2019, the C ity approved site plan/building permit authorization to allow for 4,820-sq. ft. building on the 1.28-acre site, as well as 23 new parking spaces, one 12-foot wide drive lane, and trash enclosure. Infiltration basins were to be constructed along the east, north and west side of the property, along with 48 existing parking spaces in addition to the 23 new spaces, that would provide parking for the restaurant. T he approved plans showed an outdoor seating area located at the southwest corner of the site. Decorative fencing would be installed on the west and south side of the seating area, which would provide barrier between diners and vehicles exiting the drive-through lane. T he applicant is now proposing to remove the existing building and 24 parking spaces and construct a 4,300-sq. ft. restaurant, two 12-foot wide drive-through window lanes on the east and north side that will morph into one lane along the west side of the building. Eight new parking spaces will be added and an infiltration basin will be constructed along the west side of the property. T he applicant will make a connection from the drive-up lanes and west parking drive aisle will provide a drive-through window service escape lane. Direct vehicular access to the site's 56 parking spaces will be via an existing driveway that is connected to a private drive in the Southport C entre development. An existing cross access and parking easement with the property to the south will provide an additional point of access and parking for the restaurant. With regard to the number and location of the accessible (handicap) parking spaces, the Minnesota Accessibility Code requires three accessible spaces for parking facilities that have 51 to 75 parking spaces. T he accessible space shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. T herefore, one additional accessible parking space will be needed. T he site plan shows a 15-ft. x 63-ft concrete area in front of the building. T his will be the location of a 30-seat outdoor dining area with pedestrian access from C edar Avenue to the building's entrance. T he pedestrian access shall have a minimum width of six feet. T he patio site plan shows five three-foot tall bollards equally spaced along the south side of the outdoor dining area. Four poles, nine feet tall will also be installed along the south side, which will be used to string lights from the building. Decorative fencing should be installed around the perimeter of the outdoor dining area. A fencing plan shall be submitted and approved by staff prior to issuance of a building permit. T he trash enclosure will be located in the northeast corner of the site. An 18-foot drive aisle will provide access to the trash enclosure. Parking lots with fifteen (15) or more parking spaces shall provide for parking for bicycles adjacent to the front of the building at a location that will not impede use of any sidewalk. T he applicant shall be required to install a bike rack in front of building. T he applicant has also submitted emergency vehicle and delivery vehicle circulation plans, which have been reviewed by staff. N o issues were identified with the circulation patterns as proposed. Grading P lan: Minimal grading will be necessary to prepare the site for the new building. T he City Engineer has reviewed the grading plan and his comments are contained in his attached memo. Issuance of a natural resources management permit and building permit shall be subject to the submittal of a final grading, drainage, and erosion control plan that shall be reviewed and approved by the C ity Engineer. Av ailability of Municipal Utilities: T he C ity Engineer has reviewed the utility plans and his comments are contained in his attached memo. T he applicant shall submit revised plans for staff review prior to any recommendation. Final utility plans shall be submitted for review and approval by the C ity Engineer prior to issuance of a of a natural resources management permit and building permit. Elev ation D rawings: T he original elevation plans indicate an exterior finish that will include a combination of brick and EIF S. Other features include aluminum canopies above the building entrance, rear service door, and drive-up window. A vertically ribbed metal material will be installed at the main entrance and drive-up window. T he city code requires that all commercial buildings shall 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 such construction materials as sheet or corrugated aluminum, iron or concrete block of any kind or similar). T herefore, the ribbed material should be removed and replaced with brick at the entrance and drive-up window similar to what was shown at the entrance on the plans approved in 2019. T he applicant has submitted revised elevation that shows the replacement of the ribbed material with brick. T he applicant has provided elevations for the trash enclosure, which show a brick finish and a grey composite wood gate and service entrance. T he enclosure's exterior finish is in conformance with code. T he applicant has not identified the location of the building's mechanical equipment. A ll mechanical equipment shall be screened in accordance with section 155.346(B)(3)(a)(b) of the zoning ordinance. Landscape P lan: T he landscape plan identifies a variety of plantings around the perimeter of the building and trash enclosure. T he Natural Resources C oordinator has reviewed the proposed landscape plans and her comments are included in the C ity Engineer's attached memo. Revisions have been made and submitted for review by C ity staff. Staff finds the proposed revisions acceptable. City code requires that the minimum cost of landscaping materials (live plant materials, excluding sod) for commercial projects shall be 2.5% of the estimated building construction cost based on the Means construction data. Street Classifications/Accesses/Circulation: T he property is located adjacent to C edar Avenue to the west, and private drives to the north and east. No access shall be allowed from C edar Avenue. T he site plan shows that direct access will be from the private drive located to east of the site. A cross access/parking easement between this property and the lot to the south will provide additional access to the site. P edestrian Access: T he applicant is showing a sidewalk connection from the site to the sidewalk along C edar Avenue. S i g ns : T he building elevation plan identifies several signs and the site plan shows the locations of directional signage and drive-through window service menu boards. Approval of any signage is not part of this request. All signage shall conform to the regulations set forth in the planned development ordinance and C hapter 154 of the city code. P ublic Hearing Comments: A public hearing was held by the Planning C ommission on March 17, 2021, T he hearing was opened, no comments from the public were received and the hearing was closed. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Memo Memo L ocation Map C omp Plan Map Z oning Map Plan S et Site P lan Elevations Elevations CITY OF MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: March 11, 2021 SUBJECT: Panera Preliminary Plan Review per plans dated February 2nd, 2021 General 1. All work and infrastructure within public easements or right of way shall be to City standards. 2. 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. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. 4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours for any required water main shut downs and/or connections. 5. City of Apple Valley Water Department shall operate all valves on public owned mains and valves connecting private lines to public owned mains. 6. The following City Detail Plates have recently been updated and need to be included in the plans: SER-6, SAN-2, SER-3, STO-65, and STO-7. Permits 7. 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. 8. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 9. A Dakota County Right-of-Way permit will be required for work within the Cedar Avenue right-of-way. Provide a copy of the executed permit prior to construction. 10. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 11. Provide a copy of any other required permits. Site 12. Final site plan shall be reviewed with the construction plans and approved by City Engineer. 13. The location of the monument sign is in the easement. No structures are allowed within drainage and utility easements. Grading, Drainage and Erosion Control 14. Provide overall site composite Curve Number (CN) on the plans. 15. The finished floor/low opening elevation must be 3’ minimum above the 100-year high water level. 16. Show all emergency over flow (EOF) elevations and routing. The finished floor/low opening elevation must be 1’ minimum above the EOF elevation. EOF route should be clearly identified on the plans. 17. The slope on the sidewalk that connects to Cedar Avenue cannot exceed 5.0%. 18. Proposed infiltration basin and associated rain guardian inlet device shall be privately owned and maintained. An infiltration basin Construction and Maintenance Agreement will be required as part of Development Agreement. 19. Proposed Underground Stormwater System shall be privately owned and maintained. An Underground Stormwater System Construction and Maintenance Agreement will be required as part of Development Agreement. 20. Provide a cross section for the Infiltration basin, include type and depth of filter media. 21. A portion of the storm water generated on site is bypassing the treatment by flowing to the existing catch basin on the south and should be regraded to direct impervious surface to treatment areas. 22. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 23. The existing sanitary sewer service should be identified on the plans and shown as removed. The existing wye shall be capped as part of the removal. 24. Indicate the existing sanitary sewer pipe size and material at the connection point. 25. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. 26. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Water main 27. Apple Valley standard is 8’ minimum cover for all public water main, please revise General Utility Notes. 28. 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. 29. The existing water service should be identified on the plans and shown as removed back to the main. 30. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 31. Confirm that the existing catch basin near the south side of the site is adequately sized to allow for an additional 12” HDPE pipe connection at the proposed angle. 32. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. 33. Provide pretreatment device/s, such as a SAFL 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. EX-STRM-100 should be replaced with a new sump structure. 34. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. 35. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 36. Project Drainage Report and plan set indicates site drains to Lac Lavon. Despite its proximity, the site does not drain to Lac Lavon, rather East Lake in Lakeville. 37. All existing ash trees at this property are infested with Emerald Ash Borer and shall be removed by the property owner in March 2021 under the City’s Shade Tree Management regulations. a. The proposed landscape plan shows several of these ash trees as “Existing trees” with new plants surrounding them. The landscape plan shall be revised to incorporate additional trees in the islands to meet landscaping requirements. 38. The existing trees planted along Cedar Avenue shall remain and be protected throughout construction. 39. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements shall be clearly identified on landscape plan. 40. The proposed plant schedule is heavy on daylilies (36% of the schedule). The City encourages decreasing the daylily quantity and planting more of the other native species in the schedule a. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197 MEMORANDUM To: City of Apple Valley From: Alan Catchpool, P.E. Kimley-Horn and Associates, Inc. Date: March 26, 2021 Subject: Panera Preliminary Plan Review per plans dated February 2nd, 2021 Kimley-Horn has reviewed the comments provided by the City of Apple Valley dated March 11, 2021 and has modified the plans accordingly. The comments and responses are listed below. Responses to comments are in bold italics. GENERAL COMMENTS 1. All work and infrastructure within public easements or right of way shall be to City standards. Note added to sheet C400. 2. 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: Noted. This information will be provided later in the development process. 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. 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. Note added to sheet C400 & C600. 4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours for any required water main shut downs and/or connections. Note added to sheet C600. 5. City of Apple Valley Water Department shall operate all valves on public owned mains and valves connecting private lines to public owned mains. Note added to sheet C600. Page 2 kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 6. The following City Detail Plates have recently been updated and need to be included in the plans: SER-6, SAN-2, SER-3, STO-65, and STO-7. Specified details are provided on sheet C701 & C700. PERMIT COMMENTS 7. 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. Noted. 8. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. Noted. 9. A Dakota County Right-of-Way permit will be required for work within the Cedar Avenue right- of-way. Provide a copy of the executed permit prior to construction. Noted. 10. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. Noted. 11. Provide a copy of any other required permits Noted. SITE COMMENTS 12. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Noted. 13. The location of the monument sign is in the easement. No structures are allowed within drainage and utility easements. Ongoing correspondence with Tom Lovelace, this is not a proposed structure but rather an existing structure. GRADING, DRAINAGE AND EROSION CONTROL 14. Provide overall site composite Curve Number (CN) on the plans. Curve numbers provided on sheet C300 & C301. 15. The finished floor/low opening elevation must be 3’ minimum above the 100-year high water level. Noted. EOF labeled on sheet C500, located at east entrance. Page 3 kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 16. Show all emergency over flow (EOF) elevations and routing. The finished floor/low opening elevation must be 1’ minimum above the EOF elevation. EOF route should be clearly identified on the plans. Noted. EOF labeled on sheet C500, located at east entrance. EOF at elevation 949.44. 17. The slope on the sidewalk that connects to Cedar Avenue cannot exceed 5.0%. Noted. Sidewalk layout has been updated, see sheets C400 & C500. 18. Proposed infiltration basin and associated rain guardian inlet device shall be privately owned and maintained. An infiltration basin Construction and Maintenance Agreement will be required as part of Development Agreement. Noted. This will be completed later in the development process. 19. Proposed Underground Stormwater System shall be privately owned and maintained. An Underground Stormwater System Construction and Maintenance Agreement will be required as part of Development Agreement. Noted. This will be completed later in the development process. 20. Provide a cross section for the Infiltration basin, include type and depth of filter media. Cross section provided on sheet C500. 21. A portion of the storm water generated on site is bypassing the treatment by flowing to the existing catch basin on the south and should be regraded to direct impervious surface to treatment areas. Acknowledged. Redevelopment constraints and limited site grading make additional impervious capture impractical. 22. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Noted. SANITARY SEWER COMMENTS 23. The existing sanitary sewer service should be identified on the plans and shown as removed. The existing wye shall be capped as part of the removal. Noted on sheet C200. 24. Indicate the existing sanitary sewer pipe size and material at the connection point. Noted on sheet C200. 25. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. Noted. Minimum required pipe grade has been met. Page 4 kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 26. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Noted. WATER MAIN COMMENTS 27. Apple Valley standard is 8’ minimum cover for all public water main, please revise General Utility Notes. Note updated on sheet C600. 28. 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. Noted. Water utility lines and valves have been revised, see sheet C600. 29. The existing water service should be identified on the plans and shown as removed back to the main. Water service to be reused. See sheet C600. 30. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Noted. STORM SEWER COMMENTS 31. Confirm that the existing catch basin near the south side of the site is adequately sized to allow for an additional 12” HDPE pipe connection at the proposed angle. Existing south catch basin to be removed and replaced with a new 48” storm structure, see sheet C500. 32. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. Noted. 33. Provide pretreatment device/s, such as a SAFL 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. EX-STRM-100 should be replaced with a new sump structure. Noted. SAFL Baffle proposed in STRM-100 and a 3’ sump in OCS-101. STO-5S added to construction details. Page 5 kimley-horn.com 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651-645-4197 34. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. Noted. The stormwater management plan was previously provided. 35. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Noted. LANDSCAPE AND NATURAL RESOURCES 36. Project Drainage Report and plan set indicates site drains to Lac Lavon. Despite its proximity, the site does not drain to Lac Lavon, rather East Lake in Lakeville. Revised receiving body of water narrative on sheet C301 & C300. 37. All existing ash trees at this property are infested with Emerald Ash Borer and shall be removed by the property owner in March 2021 under the City’s Shade Tree Management regulations. a. The proposed landscape plan shows several of these ash trees as “Existing trees” with new plants surrounding them. The landscape plan shall be revised to incorporate additional trees in the islands to meet landscaping requirements. Ash trees to be removed – see sheet C200. See Landscape Plan for new proposed trees. 38. The existing trees planted along Cedar Avenue shall remain and be protected throughout construction. Noted. Existing trees along Cedar Avenue are to remain, see sheet C200. 39. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements shall be clearly identified on landscape plan. Noted. Plans updated, see sheet L100. 40. The proposed plant schedule is heavy on daylilies (36% of the schedule). The City encourages decreasing the daylily quantity and planting more of the other native species in the schedule. a. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. Updated plant species - see Landscape Plan. Thank you for the thorough review of the layout. Please contact me with any questions regarding the responses. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Alan Catchpool, P.E. DRIVE THRU RPU DT 10 DT 10 EXPANSION JOINT CONCRETE -BROOM FINISH LEGEND NOTE: REFER TO SHEET A600 FOR FINISH SPECIFICATIONS SMOOTH CROWN ON TOP, TYP. 6" DIA CONCRETE FILLED STEEL BOLLARD. COLOR TO MATCH MAIN BUILDING 18" DIA. CONCRETE FOOTING CONCRETE SLAB AND CURB AT DRIVE THRU AS OCCURS, SEE CIVIL DRAWINGS 6"*2'-6" 3' - 0" 18" DIA SMOOTH CROWN ON TOP, TYP. 4" DIA CONCRETE FILLED BOLLARD. COLOR TO MATCH PANERA P165 1/2" EXPANSION JOINT 18" DIA. CONCRETE FOOTING CONCRETE CURB & SLAB AT DRIVE THRU 3"18" DIA.3' - 0"3' - 0"12" x 18" 0.080 ALUMINUM STANDARD ACCESSIBLE PARKING SIGN WITH IDENTIFICATION SYMBOL BOLT TO TUBE. WITH 3/8" DIA. CADMIUM PLATED NUTS, BOLTS AND WASHERS 1.66" O.D. 14 GAUGE SIGN POST HI-DENSITY POLYETHYLENE THERMOPLASTIC SILVER FINISH, 1.90" O.D. 1/8" NOMINAL WALL THICKNESS W/ ULTRA-VIOLET AND ANTI-STATIC ADDITIVE PLASTIC CAP STANDARD 3/8" HOLES VAN ACCESSIBLE RESERVED PARKING VEHICLES WITH VET OR DIS PLATES OR STATE DISABLED CARD SMOOTH CROWN ON TOP, TYP. 4" DIA CONCRETE FILLED BOLLARD. COLOR TO MATCH ADJACENT BRICK ON BUILDING 1/2" EXPANSION JOINT 18" DIA. CONCRETE FOOTING CONCRETE CURB & SLAB AT DRIVE THRU .3'-0"3"3' - 0"18" DIA SMOOTH CROWN ON TOP, TYP. 4" DIA CONCRETE FILLED BOLLARD. COLOR TO MATCH PANERA P165 1/2" EXPANSION JOINT 18" DIA. CONCRETE FOOTING CONCRETE CURB & SLAB AT DRIVE THRU 3"18" DIA.3' - 0"3' - 0"SIGN PROVIDED BY PANERA VENDOR, INSTALLED BY G.C. 1.66" O.D. 14 GAUGE SIGN POST HI-DENSITY POLYETHYLENE THERMOPLASTIC SILVER FINISH, 1.90" O.D. 1/8" NOMINAL WALL THICKNESS W/ ULTRA-VIOLET AND ANTI-STATIC ADDITIVE PLASTIC CAP STANDARD 3/8" HOLES 1' - 0"1' - 4"A040 6 SS011.C1 24 A023 0.13 0.24 0.13 0.23 20 A023 0.350.35 0.35 0.11 0.42 0.42 0.14 0.08 0.09 0.34 0.12 0.42 0.03 0.026' - 0 1/16"1' - 4" 0.34 0.06 0.09 4' - 4"0.480.480.480.48 0.17 0.17 0.17 0.17 0.170.14 0.14 2' - 6"15' - 0"8' - 8"1' - 4"1' - 4"0.170.17 0.18 24 A023 SS010.A1 DT03BDT03B 20 A023 J-BOX INSTALLED IN SOFFIT CONNECTED TO TIMECLOCK/PHOTOCELL WEATHERPROOF GFI OUTLET STRING LIGHTS TO BE ATTACHED TO ROPE THIMBLE WITH BLACK CABLE TIE PERMANENT COMPRESSION SLEEVE ON GALVANIZED STEEL CABLE LOOPED AROUND THIMBLE GALVANIZED WIRE ROPE THIMBLE STRING LIGHT; REFER TO LIGHT FIXTURE SCHEDULE BLOCKING EXTERIOR WALL CONSTRUCTION CORROSION RESISTANT EYEBOLT LAG (GALVANIZED OR STAINLESS STEEL), CLEAR SEALANT AT PENETRATION. 1/4" GALVANIZED STEEL AIRCRAFT CABLE STRING LIGHTS TO BE ATTACHED TO AIRCRAFT CABLE BY CABLE PASSING THROUGH LOOP ON LIGHT 1'-0" DIA. CONC PIER W/ # 4 REINFORCING 1' - 0" GRADE VARIES, REFER TO CIVIL HSS 4 1/2"x 4 1/2" x 3/16" COLUMN POST , PAINT P165 3' - 0"T/O POST = 9'-0" ATTACH STRING LIGHTS PER 16/A317 & 17/A317 2' - 6"PERMANENT COMPRESSION SLEEVE ON GALVANIZED STEEL CABLE LOOPED AROUND THIMBLE GALVANIZED WIRE ROPE THIMBLE 1/4" GALVANIZED STEEL AIRCRAFT CABLE TOP CAP BY MANUFACTURER STRING LIGHTS TO BE ATTACHED TO ROPE THIMBLE WITH BLACK CABLE TIE STRING LIGHTS; REFER TO LIGHT FIXTURE SCHEDULE CORROSION RESISTANT EYEBOLT (GALVANIZED OR STAINLESS STEEL), CLEAR SEALANT AT PENETRATION STRING LIGHTS TO BE ATTACHED TO AIRCRAFT CABLE BY CABLE PASSING THROUGH LOOP ON LIGHT HSS 4.5" x 4.5" x 3/16" JUSTIN K. DAN C.CHARLES T. Project Title: Professional Seal: Project Team: Consultant Copyright Placeholder Project Number: Drawn By: Issue Date: Sheet Number: DPM:DM:CPM:PB 2019.08Bakery CafeBakery-Cafe: SYSTEM: G4 (ARIA)2/24/2021 2:51:52 PMA040 ENLARGED PATIO PLAN/DETAILS 21-0219 CAO, MH 15200 CEDAR AVENUEAPPLE VALLEY, MN 55124#1306210036PERMIT / BID SET#1306 KEYED NOTES 0.14 PROPOSED LANDSCAPE AREA; REFER TO LANDSCAPE DRAWINGS FOR ADDITIONAL INFORMATION TO UTILIZE LOCAL FLORA. 0.17 6" CONCRETE PIPE BOLLARD, REFER TO 14/A040, INSTALLED BY PANERA. 0.18 NEW DRIVE THRU SIGNAGE; SEE SHEET A023 FOR FURTHER INFORMATION. ALSO SEE SHOP DRAWINGS. 0.23 PROPOSED PAINTED STRIPED CROSS WALK; REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. 0.24 PROPOSED RAPID PICK-UP PARKING LOCATIONS AND BOLLARD MOUNTED SIGNAGE. REFER TO 22/A040 & VENDORS SHOP DRAWINGS FOR SIGNAGE INFORMATION. 0.34 CONCRETE STOOP WITH FROST FOOTINGS AT ENTRY, REFER TO STRUCTURAL FOR FURTHER INFORMATION. 0.35 EXPANSION JOINT TYPICAL 0.42 CONCRETE CURB, REFER TO CIVIL FOR FURTHER INFORMATION. 0.48 SITE POLE LIGHTING BY PANERA. REFER TO 23/A023. KEYED NOTES 0.02 DRIVE THRU LANE, INSTALLED BY PANERA. REFER TO CIVIL DRAWINGS. 0.03 ASPHALT PAVING; REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. 0.06 PRIMARY TENANT BUILDING ENTRANCE. 0.08 SECONDARY ENTRANCE, REFER TO SHEET A101 FOR FURTHER INFORMATION. 0.09 G.C. TO PROVIDE MAXIMUM THRESHOLD HEIGHT OF 1/2" 0.11 CONCRETE PATIO PROVIDED BY PANERA G.C.; REFER TO SHEET A040 FOR ADDITIONAL INFORMAITON. CORRDINATE WITH TENANT DRAWINGS FOR UNDERGROUND CONDUIT(S) FOR PATIO LIGHTING. 0.12 PROPOSED CONCRETE SIDEWALK BY PANERA G.C., PROVIDE BROOM FINISH PERPENDICULAR TO BUILDING, TYPICAL. REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION. 0.13 ACCESSIBLE RAMP, PROVIDED BY PANERA G.C.; REFER TO CIVIL DRAWINGS FOR ADDITIONAL INFORMATION AND DETAILS. 3/4" = 1'-0" 14 BOLLARD DETAIL 3/4" = 1'-0" 18 DETAIL @ ACCESSIBLE SIGNAGE 3/4" = 1'-0" 13 BOLLARD DETAIL 3/4" = 1'-0" 22 BOLLARD DETAIL @ SIGNAGE 1/4" = 1'-0" 24 PATIO PLAN 1" = 1'-0" 9 STRING LIGHT W/ WALL OUTLET 1/2" = 1'-0" 6 POST BASE @ STRING LIGHTS1" = 1'-0" 10 STRING LIGHT @ POLE No.Description Date BX3 PX CPX BX2 BX2 G1 G1 MP1 19' - 0"20' - 0"PX BX2 G2 G3BX2 BX2 CPX 19' - 0"MP1 20' - 0"BX3 EXTERIOR MATERIALS: MASONRY BAND G1 ALUM. STOREFRONT CURTAINWALL, COLOR: CLEAR ANODIZED, CLEAR GLAZING BX3 MP1 PREFABRICATED ALLUMINUM CANOPY CPX COPING: PRE-FINISHED, COLOR: DARK BRONZE BX2 HORIZONTAL STACKED BRICK COLOR: BROWN / RUST EIFS, FINE SAND FINISH. COLOR: DRYVIT, TBDPX G2 ALUM. STOREFRONT, COLOR: CLEAR ANODIZED, CLEAR GLAZING G3 ALUM. STOREFRONT, COLOR: CLEAR ANODIZED, SPANDREL GLAZING JUSTIN K. ALLISON M.CHARLES T. Project Title: Professional Seal: Project Team: Consultant Copyright Placeholder Project Number: Drawn By: Issue Date: Sheet Number: DPM:DM:CPM:Bakery CafeBakery-Cafe: SYSTEM: G4 (ARIA)3/26/2021 1:16:45 PMO200 EXTERIOR ELEVATIONS 21-0326 Author 15200 CEDAR AVENUEAPPLE VALLEY, MN 55124#1306210036PERMIT / BID SET#1306 1/4" = 1'-0" 1 FRONT ELEVATION- SOUTH 1/4" = 1'-0" 2 SIDE ELEVATION - EAST No.Description Date PX CPX BX3 BX2 G3G3 BX2 19' - 0"20' - 0"BX2 PX CPX PRX G2 BX3 G2 BX2 19' - 0"20' - 0"BX2 BX3 CPX PANERA WALL GRAPHICS PX EXTERIOR MATERIALS: MASONRY BAND G1 ALUM. STOREFRONT CURTAINWALL, COLOR: CLEAR ANODIZED, CLEAR GLAZING BX3 MP1 PREFABRICATED ALLUMINUM CANOPY CPX COPING: PRE-FINISHED, COLOR: DARK BRONZE BX2 HORIZONTAL STACKED BRICK COLOR: BROWN / RUST EIFS, FINE SAND FINISH. COLOR: DRYVIT, TBDPX G2 ALUM. STOREFRONT, COLOR: CLEAR ANODIZED, CLEAR GLAZING G3 ALUM. STOREFRONT, COLOR: CLEAR ANODIZED, SPANDREL GLAZING JUSTIN K. ALLISON M. CHARLES T. Project Title: Professional Seal: Project Team: Consultant Copyright Placeholder Project Number: Drawn By: Issue Date: Sheet Number: DPM: DM: CPM:Bakery CafeBakery-Cafe: SYSTEM: G4 (ARIA)3/26/2021 1:17:33 PMO201 EXTERIOR ELEVATIONS 21-0326 Author 15200 CEDAR AVENUEAPPLE VALLEY, MN 55124#1306210036PERMIT / BID SET#1306 1/4" = 1'-0" 1 REAR ELEVATION- NORTH 1/4" = 1'-0" 2 DT ELEVATION - WEST No.Description Date CWP 8' - 0 7/16"BX2 CPX BX2 CPX BX2 CWP CPX O300 O30002 O300 O300 04 05 03 EXTERIOR MATERIALS: CPX COPING: PRE-FINISHED, COLOR: DARK BRONZE BX2 HORIZONTAL STACKED BRICK COLOR: BROWN / RUST CWP COMPOSITE WOOD PLANK -GREY JUSTIN K. ALLISON M.CHARLES T. Project Title: Professional Seal: Project Team: Consultant Copyright Placeholder Project Number: Drawn By: Issue Date: Sheet Number: DPM:DM:CPM:Bakery CafeBakery-Cafe: SYSTEM: G4 (ARIA)3/5/2021 12:52:17 PMO300 TRASH ENCLOSURE ELEVATIONS 21-0219 Author 15200 CEDAR AVENUEAPPLE VALLEY, MN 55124#1306210036PERMIT / BID SET#1306 No.Description Date 3/8" = 1'-0" 04 TRASH ENCLOSURE - FRONT 3/8" = 1'-0" 05 TRASH ENCLOSURE - SIDE 3/8" = 1'-0" 02 TRASH ENCLOSURE - REAR 3/8" = 1'-0" 03 TRASH ENCLOSURE - SIDE (MAN DOOR) 6 Iso - Trash Enclosure 1/4" = 1'-0" 01 Trash Enclosure 6" CONC. FILLED PIPE 5" WELD-ON BARREL HINGE 600LB CAPACITY -10 FT GATE ITEM #3H1B5, CENTRALK STEEL & SUPPLY 1 1/2" x 1 1/2" WELDED IRON ANGLES HEAVY DUTY SAFETY CHAINS WELDED TO TOP OF GATE BACK TO GATE POST 3/8" STUDS WELDED TO BACK SIDE OF BAR FOR ATTACHING TREX BOARDS (2 PER BOARD) 2" SQUARE TUBE STEEL FRAME NOTE: ALL METAL COMPONENTS SHALL BE PRIMED & PAINTED P165 30" DIA. CONC. ENCASEMENT x 4'-0" DEEP 1x6 TREX BOARDS, EVENLY SPACED IN GATE LEAF (COLOR: WINCHESTER GREY) ATTACHED TO FRAME WITH 3/8" CARRIAGE BOLTS 3" SOLID TIRE ATTACHED TO BOTTOM OF GATE CANE BOLT DOWELED INTO CONCRETE8' - 0"7' - 6"2' - 0"2' - 0"16 CMU'S @ 16" = 21' - 6" WIDE (16'-0" MIN. WIDTH) 1-1/2" x 1/4" STEEL BAR WELDED TO FRAME SMOOTH CROWN ON TOP, TYP. 6" DIA CONCRETE FILLED STEEL BOLLARD. COLOR TO MATCH P165 18" DIA. CONCRETE FOOTING CONCRETE SLAB AND CURB AT DRIVE THRU AS OCCURS, SEE CIVIL DRAWINGS 6"*2'-6" 3' - 0" 18" DIA SMOOTH CROWN ON TOP (TYP.) 6" DIA. CONCRETE FILLED STEEL GATE POST. EXTEND TUBE 4'-6" INTO 2'-0" DIA. x 5'-0" DEEP FOUNDATION. PAINT ALL EXPOSED SURFACES GLOSS BLACK. 1/2" EXPANSION JOINT CONCRETE SLAB 18" DIA. CONCRETE FOOTING 6"[4' - 6"][5 - 0"][8 - 0"]SMOOTH CROWN ON TOP. (TYP.) 6" DIA. CONCRETE FILLED STEEL GATE POST. EXTEND TUBE 4'-6" INTO 2'-0" DIA. x 5'-0" DEEP FOUNDATION. PAINT ALL EXPOSED SURFACES GLOSS BLACK. 1/2" EXPANSION JOINT CONCRETE SLAB 18" DIA. CONCRETE FOOTING 6"[7' - 6"]6"[4' - 6"][5' - 0"][8' - 0"]WASHER 6" DIA. STL. PIPE FILL W/ CONC. 3/4" DIA. STL. ROD WELD TO 6" DIA. STL. PIPE 3/4" DIA. STL. ROD WELD TO 6" DIA. STL. PIPE 1" DIA. STL. PIPE WELD TO ANGLE 2"X2"X1" ANGLE GALVANIZED FRAME AND BRACES 6" DIA. STL. PIPE FILL W/ CONC. PAINT OR GALVANIZED 2" SQ TUBE STEEL FRAME 1-1/2" X 1-1/2" STEEL ANGLE WELDED TO FRAME 3/8" DIA. CARRIAGE BOLT (2 PER BOARD) 1" x 5.5" x 8' TREX BOARD 1/2" X 1/2" STEEL ANGLE CROSS BRACING WELDED TO STEEL FRAME 2" SQ TUBE STEEL FRAME 6"[7' - 6"][8' - 0"][2' - 0"][2' - 0"]1-1/2" X 1-1/2" STEEL ANGLE WELDED TO FRAME 3/8" DIA. CARRIAGE BOLT (2 PER BOARD) 3/8" DIA. CARRIAGE BOLT (2 PER BOARD) 1-1/2" X 1-1/2" STEEL ANGLE WELDED TO FRAME 3/8" DIA. CARRIAGE BOLT (2 PER BOARD) 1-1/2" X 1-1/2" STEEL ANGLE WELDED TO FRAME 1.5"W X 0.5"D STEEL SPACER 5" BARREL HINGE 2" SQ. TUBE GATE FRAME 2" SQUARE GATE TUBE FRAME 5" WELD-ON BARREL HINGE 6OOLB CAPACITY -10FT GATE ITEM #3HIB5 -CENTRAL STEEL & SUPPLY WELD TO FRAME & STEEL POLE 6" CONC. FILLED STEEL POLE 1.5"W X 0.5"D STEEL SPACER C -PLAN VIEW D -ELEVATION VIEW 1X6 TREX BOARDS 1X4 TREX FRAMING 110.00° 8" HIGH BOND BEAM W/ (2) #4 REBAR 6x8x16 SMOOTH FACE "DRI-BLOCK" CMU #4 VERTICALS @ 32"OC IN GROUTED CELLS #4 VERTICALS x 4'-0" LONG @ 32"OC 6" CONCRETE SLAB, SEE CIVIL DWGS METAL COPING TO MATCH BUILDING STANDARD OVER TREATED WD BLOCKING LANDSCAPING, SEE CIVIL DWGS 1/2" COMPRESSION FILLER W/ SEALANT, TYP ALL SIDES HORIZONTAL LADDER JOINT REINFORCING @ 16" OC VERT. 6" CONCRETE SLAB, SEE CIVIL DWGS #4 TIES @ 48"OC #4 BENT DOWELS @ 48"OC (2) #5 TOP & BOTTOM1' - 0"2' - 0"4'-0" MIN.10x8x16 SMOOTH FACE "DRI-BLOCK" CMU MASONRY TO MATCH MAIN BUILDING 8' - 0"8' - 0"A020 9 23 A020 NOTE: DUMPSTER ENCLOSURES AND RELATED DETAILS ARE INCLUDED ON THIS SHEET FOR REFERENCE ONLY. FINAL DESIGN CRITERIA AND CONSTRUCTION DETAILS ARE TO BE PER CIVIL DRAWINGS. SAID CIVIL DRAWINGS TO COMPLY WITH ALL REQUIREMENTS OF THE WASTE DISPOSAL SERVICE THAT WILL SERVICE THIS SITE, I.E. TRUCK TURNING RADII, APPROACH CLEARANCES, MANUEVERING REQUIREMENTS, SITE ACCESS, ETC. NOTE: COORDINATE CLEARANCE AND DUMPSTER SIZES WITH LOCAL TRASH COMPANY NOTE: PAINT ALL EXPOSED METAL -P165 - - - -2' - 6" 3' - 0" 2' - 6" 2' - 6"2' - 6" 6" CONC. BOLLARD, TYP. 6" CONCRETE GATE BOLLARD 8 CUBIC YARD DUMPSTER: 6'-0" W x 6'-0" D x 6'-0" H FOR FRONT LOADING TRASH TRUCK 8 CUBIC YARD DUMPSTER: 6'-0" W x 6'-0" D x 6'-0" H FOR FRONT LOADING TRASH TRUCK 3/4" O.C. DEEP RECESS FOR GATE CANE BOLTS 3" SOLID TIRE ATTACHED TO BOTTOM OF GATE 6" CONCRETE BOLLARD HEAVY DUTY SAFETY CHAINS WELDED TO TOP OF GATE BACK TO GATE POST GATE SWING 20' - 8" 6" CONCRETE GATE BOLLARD 6" CONCRETE BOLLARD HEAVY DUTY SAFETY CHAINS WELDED TO TOP OF GATE BACK TO GATE POST REFER TO CIVIL FOR CONCRETE REINFORCING CONCRETE FOOTING BELOW 3" SOLID TIRE ATTACHED TO BOTTOM OF GATE 1' - 0"1' - 0"21' - 8" 6' - 0"1' - 10 3/4"6' - 0" 21' - 8" 6x8x16 SMOOTH FACE "DRI-BLOCK" CMU MASONRY TO MATCH MAIN BUILDING 1' - 0"EQEQ A020 13 A020 21 A020 21 A020 17 A020 17 23 A02010' - 0"JUSTIN K. DAN C. CHARLES T. Project Title: Professional Seal: Project Team: Consultant Copyright Placeholder Project Number: Drawn By: Issue Date: Sheet Number: DPM:DM:CPM:PB 2019.08Bakery CafeBakery-Cafe: SYSTEM: G4 (ARIA)2/24/2021 2:51:22 PMA020 TRASH ENCLOSURE 21-0219 CAO, MH 15200 CEDAR AVENUEAPPLE VALLEY, MN 55124#1306210036PERMIT / BID SET#1306 1/2" = 1'-0" 24 TRASH & RECYCLE ENCLOSURE ELEVATION FOR FRONT LOADING TRUCK 3/4" = 1'-0" 17 BOLLARD DETAIL 3/4" = 1'-0" 13 DUMPSTER BOLLARD DETAIL 3/4" = 1'-0" 21 GATE POST DETAIL 1 1/2" = 1'-0" 1 TRASH ENCLOSURE DETAIL 1 1/2" = 1'-0" 9 DETAIL @ TRASH GATE FRAMING 3/4" = 1'-0" 7 DTL @ TRASH ENCLOS GATE HINGE No.Description Date 1/2" = 1'-0" 23 TRASH & RECYCLE ENCLOSURE SECTION 1/2" = 1'-0" 19 TRASH & RECYCLING ENCLOSURE SIDE 1/2" = 1'-0" 12 PLAN @ TRASH & RECYCLE ENCLOSURE FOR FRONT LOADING TRUCK I T E M: 5.B . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:L and Use / A ction I tems Description: S chmidt Porch Variance (13251 Diamond P ath) - P C21-05-V F S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: S teve and P am S chmidt P roject Number: P C21-05-V F Applicant Date: 2/23/2021 60 Days: 4/24/2021 120 Days: 6/23/2021 AC T I O N RE Q UE S T E D: Recommend approval of variance to reduce the Farquar Lake shoreland setback from 75' to 54' (21' variance) to construct a 16' x 16' four-season porch, a 16' x 15' deck and a 5' x 28' deck, subject to the following conditions: 1. T he Shoreland Protection Buffer shall be reviewed in connection with the final plat and additional buffer shall be added where deficient as required by City Code 152.57(C ) (3). 2. T he owners shall obtain a Natural Resources Management Permit (N RMP) prior to any land-disturbing activity including tree removal or grading and shall comply with the Natural Resources Coordinator's memo of April 2, 2021. 3. T he owners shall have the porch plans prepared by a structural engineer as required by the building code and shall comply with the Senior Building Inspector's memo of March 5, 2021. S UM M ARY: Steve and Pam Schmidt live at 13251 Diamond Path abutting Farquar Lake. T heir existing 14' x 30' deck has fallen into disrepair and they would like to replace it with a 16' x 15' four- season porch, a 16' x 15' deck and a 5' x 28' balcony deck. T he Schmidt property is zoned "R-1" (Single family residential, 40,000 sq. ft. min. lot) and is located within the "SH" (Shoreland Overlay) zoning district. T he required setback from ordinary high water level (O HWL) of Farquar Lake is a minimum of 75' but the home is currently located 70' from the O HWL. T he Schmidts request a variance to reduce the required O HWL setback from 75' to 54' (a 21' variance) to construct a 16' x 16' four-season porch, a 16' x 15' deck, and a 5' x 28' balcony deck. B AC K G RO UND : T he Schmidts purchased the property at 13251 Diamond Path in 2016 and are making investments to improve the home and property. T he home was constructed in 1978 and was in need of repairs and updates. In connection with the purchase, the Schmidts hired a housing inspection company to conduct a thorough inspection of the home including the deck. T he report noted that the deck needed attention: "Some moisture damaged wood is present at various deck boards. Replace/repair damaged lumber and all affected areas as needed. T he cut-out areas for the trees are a potential safety hazard for small children. Consider removing." T he Schmidts are repairing an existing deck that has fallen into disrepair and has a noted safety hazard for young children. T he Schmidts could replace the existing deck at the same size and same location without obtaining a variance. However, they state that extending the structure 2' closer to the lake to create a four-season porch on posts would create a more usable space for them. A porch would be an enclosed structure, but constructed on posts which would help to reduce the visual massing of the proposed addition from the lake. T he property is currently unplatted and would need to be platted in order to obtain a building permit. A final plat will be reviewed by the City C ouncil. C hapter 152 of the City C ode establishes the requirements for protective buffer zones surrounding water bodies and lakes. T he Schmidt project will trigger the need to evaluate the property's current buffering and the steps needed to enhance the buffering if required. Variance Requirements: In order to obtain a variance, the applicant must establish that they meet the definition of a practical difficulty and that the factors for establishing a practical difficulty apply to their situation. Definition of “practical difficulties”: T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; T he plight of the applicant is due to circumstances unique to the property not created by the applicant; and T he variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical dif f iculties. In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1 . Special conditions apply to the structure 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; 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; 4. T he granting of the variance will not merely serv e as a conv enience to the applicant, but is necessary to allev iate practical difficulties in complying with the zoning provisions of this Code; and 5. T he variance requested is the minimum v ariance necessary to alleviate the practical difficulty. In order to grant a variance, the C ity considers whether the applicant has established that there are practical difficulties in complying with the provisions of zoning code. T he following findings are noted for the requested Schmidt variance request: T he Schmidt home was constructed in 1978; T he “S H” (Shoreland Overlay) zoning district was enacted 1989. T he existing 14’ x 30’ deck has fallen into disrepair (moisture damage). T he home is currently located 70' from the O HWL. T he owners could reconstruct deck at the same size in its current location with no variance. T he existing deck was constructed to allow trees to grow through decking which may raise concerns about its structural integrity. T he deck footings are covered by pavers and not visible and are likely not up to current standards. T he owners are repairing and updating the home in a scale and manner that is compatible with the home and the surrounding neighborhood. T he deck improvements include the addition of exterior deck stairs (outside of the variance) which will add an exterior exit for the home. T he property is currently unplatted and the owners will need to plat the property to obtain a building permit. Platting the property will require review of current buffering and addition of buffering if needed. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material Map Plan S et Photo R eport SCHMIDT PORCH VARIANCE PROJECT REVIEW Existing Conditions Property Location: 13251 Diamond Path Legal Description: That part of Government Lots 1 and 2, Section 24, Township 115, Range 20, Dakota County, Minnesota which is described as follows: Commencing at the northeast corner of Section 24; thence on an assumed bearing of North 90 degrees West along the north line of said Section 24, a distance of 791.72 feet; thence South 00 degrees 00 minutes 00 seconds West 1198.61 feet to the point of beginning of the land to be described; thence Southeasterly along a nontangential curve which is concave to the southwest, radius of 5729.58 feet, central angle of 01 degrees 58 minutes 58 seconds, chord bearing South 16 degrees 04 minutes 17 seconds East, 198.27 feet; thence North 76 degrees 56 minutes 56 seconds West, not tangent to last described curve, 216 feet, more of [sic.] less to the waters edge of Farquar Lake; thence northwesterly along the waters edge of said Farquar Lake to its intersection with a line bearing North 76 degrees 56 minutes 56 seconds West from the point of beginning; thence South 76 degrees 56 minutes 56 seconds East 327 feet, more or less to the point of beginning. Comprehensive Plan Designation “LD” (Low density residential at 3-6 units/acre) Zoning Classification “R-1” (Single family residential, minimum lot size 40,000 sq. ft.) Existing Platting Lot is currently unplatted. Owners will final plat the property in connection with this project. Current Land Use Single family residential Size: 45,365 sq. ft. (revise with ROW dedication) Topography: Existing Vegetation Lake shore property. Other Significant Natural Features Significant trees, slopes. No site work may begin until a Natural Resources Management Permit (NRMP) has been obtained. Adjacent Properties/Land Uses NORTH 13199 Diamond Path Comprehensive Plan “LD” (Low density residential at 3-6 units/acre) Zoning/Land Use “R-1” (Single family residential, minimum lot 40,000 sq. ft. + “SH” (Shoreland Overlay) SOUTH 13271 Diamond Path Comprehensive Plan “LD” (Low Density Residential at 3-6 units/acre) Zoning/Land Use EAST Diamond Path (CSAH 33) and Evermoor Townhomes Open Space Comprehensive Plan Right-of-way and “LD” (Low Density Residential at 3-6 units/acre) Zoning/Land Use ROW and PD-681 WEST Farquar Lake Comprehensive Plan Water Zoning/Land Use Lake/Pond FARQUAR LAKE SITE APPLE VALLEYROSEMOUNTD I A MON D P A T H DIAMONDPAT HPILOT KNOB RDD O M INICAWAYDORY AVE129TH ST W ELKWOOD D R DENMARK AVEDOWNEYTRLECHO LN 132N D S TW EM MERP L 128TH ST W DORCHESTE RTRLDURHAM W A Y E V ERMOOR PKWY DU NBAR WAYEDINBROOKPATHELDERBERRYCTELKWOOD CIR SCHMIDT VARIANCE& FINAL PLAT µ AERIALLOCATION MAP ^ FARQUARLAKESITE DIAMONDPATH D I A M O N D P A T H EVEREST AVEEMMERPL137THSTW DOVER DR D O R CHESTERTRLEVELETHAVEDO M INICAW AYDORY AVEELKW OODDREMBRYW AYDENMARK AVEDOWNEYTRLDUNBA R WAY EC H O LNDRIFTWO O DLN DURHAM W A Y E V E R MOOR PKWY 1 3 3 R DSTREETCT EDINBR O O K PATHETH E LT O N W AYEASTVIEW CTEDGEM O N T C URV 136THSTREETCT DIAM O NDCTE MME R C T 128TH S T W 1 29T H ST W 134TH S T W 127 T H STW 128TH ST W P P P R-2 R-3 R-2 R-3 R-3 R-3 R-1 R-1 R-1 R-3 R-1 R-3 R-1 R-3 R-1 R-2 R-3 R-1 R-3 R-5 R-3 R-3 R-1 R-3 R-3 R-3 R-1 R-1 R-1 R-1 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-1 R-1 R-3 R-1 R-1 M-7CM-7C M-7C M-7C M-7C M-4C M-2C PD -681 DI AMOND PATHPILOT KNOB RDDULUTH DR EUCLID A V EDOVER DR 132ND ST W EVERESTAVEELKWOOD DREM B R YWAYDUNBA R WAYELLICE TRL 1 2 8 T HSTWELDERBERRYCTµ SCHMIDT VARIANCE& FINAL PLAT ZONING MAP ^ Schmidt Shoreline Photos – Fall 2020 AJMACRDAKOTA COUNTY, MINNESOTACERTIFICATE OF SURVEYPART OF GOV'T LOTS 1 & 2, SEC. 24-T115N-R20W11FEETSCALE02040DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_LEGENDMONUMENT FOUNDIRON PIPE MONUMENT SETWOOD HUB SETDENOTES DRAINAGE ARROWEXISTING SPOT ELEVATIONPROPOSED ELEVATIONAS-BUILT ELEVATIONPROPOSED CONTOURSEXISTING CONTOURSFIRE HYDRANTCATCH BASINSEWER MANHOLESMAILBOXCURB STOPUTILITY PEDESTALLIGHT POLESIGNDECIDUOUS TREECONIFEROUS TREE AJMACRDAKOTA COUNTY, MINNESOTACERTIFICATE OF SURVEYPART OF GOV'T LOTS 1 & 2, SEC. 24-T115N-R20W11FEETSCALE02040DESCRIPTIONCHKBYDATEREV. NO.CHECKEDDRAWNDESIGNEDOFSHEET_LEGENDMONUMENT FOUNDIRON PIPE MONUMENT SETWOOD HUB SETDENOTES DRAINAGE ARROWEXISTING SPOT ELEVATIONPROPOSED ELEVATIONAS-BUILT ELEVATIONPROPOSED CONTOURSEXISTING CONTOURSFIRE HYDRANTCATCH BASINSEWER MANHOLESMAILBOXCURB STOPUTILITY PEDESTALLIGHT POLESIGNDECIDUOUS TREECONIFEROUS TREE Schmidt Before and After Photos Backyard Old Backyard New Deck Deck Before Clean Up Deck After Clean Up Lawn Old Side Yard Some Clean Front Yard New INSPECTION REPORT HomeSight Inspections, Inc. 3858 Blackshire Path IGH, MN 55076 13251 Diamond Path Deficient Issues: Summary The Defect Summary contains the defective components found during the inspection. It is my opinion that these defects should be resolved as soon as possible. It is still important to read the entire report. It includes additional information, including common maintenance and safety issues, which may also require attention. Decks & Grounds 1. Gutters (Extensions/Drainage): - Gutters are not present. Consider installing gutters for increased surface water control around the house. 2. Deck/Porch:- Some moisture damaged wood is present at various deck boards. Replace/repair damaged lumber and all affected areas as needed. - The cut out areas for the trees are a potential safety hazard for small children. Consider improving. 3. Vegetation:- The vegetation is touching the house/roof in areas. Improve by trimming back trees and shrubs away from the house. - The trees coming through the deck are very close to the house. Consider removing for increased safety. Exterior Siding/Windows/Doors 4. House Exterior Surface Siding: - Some moisture deterioration was seen at various areas (mainly at the side of the garage and the front of the house). The affected wood should be repaired as needed and steps taken to prevent further damage if needed. - Seal holes to prevent further pest or moisture issues. Interior 5. Smoke & C/O Detectors: - Older smoke detector(s) are present. Replacement is recommended as most manufacturers require replacement every 10 years. Verify the age of the detectors and replace as needed., - Missing a C/O detector at one or more locations. Install a Carbon Monoxide detector(s) to every floor within 10 feet of the sleeping rooms for increased safety. - Smoke detector is missing at one or more bedrooms. 6. Window Interior(s): - Window(s) will not open at the owner's bedroom window near the closet. 7. Stairs/Handrails:- The guard railing balusters at the stairs and/or guard railing are set too wide apart. This is a possible safety issue for small children. Current code requires no space present that a 4 inches sphere can fit through. 8. Outlets:- Unusual outlet tester reading at multiple outlets in the lower level (family room and bedroom). Further investigation is recommended to ensure proper safe working order. 9. Moisture & Related Issues: - Discoloration common with past mold was observed at the owner's bedroom closet. Proper removal and cleaning of the area and correction of all active or intermittent moisture sources is needed. - Discoloration common with past mold was observed at the entry closet near the lower entrance. Proper removal and cleaning of the area and correction of all active or intermittent moisture sources is needed. Kitchen(s) & Wet bar(s) 10. Kitchen Traps & Drain Pipes: - Leakage noted at the trap or waste piping. 11. Kitchen Kitchen Outlet(s): - GFCI's are not present at the kitchen outlets. Refer to the electrical section of the report. Main Electrical Panel 12. Main Electric Panel Breakers/Fuses: - Double taps are present at one or more circuit(s). Double taps are when multiple wires are connected to a single circuit breaker or fuse. This situation should be corrected for increased safety., - Over sized breakers are present in one or more areas. The over current protection should be corrected and the circuits investigated for issues that may have caused the over sizing in the first place. Contact a licensed electrician for further evaluation. HomeSight Inspections, Inc. Page 2 of 38 Schmidt 13251 Diamond Path 12:04 July 12, 2016 Steve Schmidt 13251 Diamond Path Palm-Tech Inspector, Copyright © 1998-2016, PDmB, Inc. Decks & Grounds (Continued) Steps/Stoops:- A handrail is not present. A handrail should be added to stairwells of four or more steps for increased safety. Patio:- Very flat. Improve as necessary to help redirect water away from the foundation. Deck/Porch:- The post footings are not visible. Monitor for movement and consider adding the correct footings if necessary. Deck/Porch:- Some moisture damaged wood is present at various deck boards. Replace/repair damaged lumber and all affected areas as needed. - The cut out areas for the trees are a potential safety hazard for small children. Consider improving. HomeSight Inspections, Inc. Page 13 of 38 Schmidt 13251 Diamond Path 12:04 July 12, 2016 Steve Schmidt 13251 Diamond Path Palm-Tech Inspector, Copyright © 1998-2016, PDmB, Inc. Decks & Grounds (Continued) Deck/Porch: (continued) Vegetation:- The vegetation is touching the house/roof in areas. Improve by trimming back trees and shrubs away from the house. - The trees coming through the deck are very close to the house. Consider removing for increased safety. Vegetation:- Vines are growing on the house. Removing the vines may help prevent moisture/intrusion issues. HomeSight Inspections, Inc. Page 14 of 38 Schmidt 13251 Diamond Path 12:04 July 12, 2016 Steve Schmidt 13251 Diamond Path Palm-Tech Inspector, Copyright © 1998-2016, PDmB, Inc. I T E M: 6.A . P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 7, 2021 S E C T I O N:Other B usiness Description: Review of Upcoming Schedule and Other Updates S taff Contact: B reanna Vincent, Department A ssistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Next P lanning Commission Meetings: Wednesday, April 21, 2021 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, March 17, 2021. Site plan, variance applications due by 9:00 a.m. on Wednesday, April 7, 2021. Wednesday, May 5, 2021 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, April 7, 2021. Site plan, variance applications due by 9:00 a.m. on Wednesday, April 21, 2021. Next City C ouncil Meetings: T hursday, April 8, 2021 - 7:00 p.m. T hursday, April 22, 2021 - 7:00 p.m. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A