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HomeMy WebLinkAbout10/03/2012PLANNING COMMISSION AGENDA October 3, 2012 7:00 P.M. Apple Valley Municipal Center 7100 — 147th Street West This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. . CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF SEPTEMBER 19, 2012 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Kwik Trip Store Construction — Consideration of a proposed replat, amendments to conditional use permits and site plan/building permit authorization to allow for the construction of a 7,643 S.F. gas/convenience store and car wash bay. (PC12-30-SCB) (PC12-34-C) LOCATION: 7510 — 145th Street West PETITIONER: Kwik Trip, Inc. B. Greater Midwest Fundraising IUP — Consideration of an interim use permit to allow for outdoor storage of passenger vehicles. (PC12-354) LOCATION: 7600 — 147th Street W. PETITIONER: Greater Midwest Fundraising 6. LAND USE/ACTION ITEMS A. Morningview Condominiums Parking Variance — Consideration of a variance to reduce the minimum required parking and allow the removal of an 18-space parking lot adjacent to Cedar Avenue. (PC12-33-V) LOCATION: 7600-32 — 157th Street West PETITIONER: Morningview Condominiums Homeowners Association 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, October 17, 2012 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, September 19, 2012 - Site plan, variance applications due by 9:00 a.m. on Tuesday, October 9, 2012 Wednesday, November 7, 2012 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, October 10, 2012 - Site plan, variance applications due by 9:00 a.m. on Monday, October 29, 2012 NEXT CITY COUNCIL MEETINGS 7:00 P.M. 7:00 P.M. Thursday, October 11, 2012 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, October 25, 2012 Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 19, 2012 The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: None Staff Present: Community Development Director Bruce Nordquist, Associate Planner Kathy Bodmer, Associate Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City, Engineer David Bennett and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Alwin moved, seconded by Commissioner Burke, moving item 6A — Holsten Garage Variance to the Consent Agenda. Ayes - 7 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Wasserman, approving the agenda as amended. Ayes - 7 - Nays - 0. 3. APPROVAL OF MINUTES OF SEPTEMBER 5, 2012. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Schindler moved, seconded by Commissioner Burke, approving the minutes of the meeting of September 5, 2012, as written. Ayes - 7 - Nays — 0. 4. CONSENT ITEMS A. Holsten Garage Variance — Consideration of variance to allow for the construction of a 1,008 sq. ft. detached garage. (PC12-37-V) LOCATION: 8488 — 133 Street West PETITIONER: Milo Holsten MOTION: Commissioner Alwin moved, seconded by Commissioner Burke, approving the construction of a 1,008 sq. ft. detached garage on Lot 4, Block 2, Chateau Estates, 8488 — 133 Street West. Ayes - 7 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 19, 2012 Page 2 of 6 5. PUBLIC HEARINGS A. Parkside Village (formally known as Legacy North) — Consideration of proposed development zoning amendments, replat, and site plan/building permit authorization to allow for two multiple-family buildings totaling 332 units in the former Legacy North development. (PC12-31-ZSBG) LOCATION: Northeast corner of Galaxie Avenue and 153rd Street W. PETITIONER: IMH Special Asset NT-AVN, LLC, and Titan Development. Chair Melander opened the public hearing at 7:04 p.m. Associate Planner Kathy Bodmer stated the applicants, IMH Special Asset NT-AVN, LLC, and Titan Development, requested amendments to Planned Development No. 739, preliminary plat and Site Plan Review/Building Permit Authorization to construct a 134-unit multiple family building along Galaxie Avenue, and a 198-unit multiple family building just north of Kelley Park across 152nd Street. The Galante building, located between Galaxie Avenue and Galante Lane, would have "suburban intensified" characteristics which include construction up to the right-of-way line of Galaxie Avenue, a flat roof, an outdoor rooftop terrace and elements that will encourage pedestrian traffic along Galaxie Avenue. The Gabella building, located between Gabella and 152nd Streets, would have more suburban characteristics which would include being set back eighteen feet from 152nd Street, a pitched roof, and direct vehicle access to the front door from a circular driveway feature. The petitioner requested several amendments to Planned Development No. 739: 1. Rezone Blocks 7 and 8 to Zone 1 to allow multiple family only buildings along Galaxie Avenue. 2. Remove zone lA and allow "assisted care facility" to permitted uses in Zone 1. 3. Allow single-use buildings along Galaxie Avenue. 4. Allow commercial buildings in a single story building with a two-story facade. 5. Align the subzones with the platted lot boundaries. The Galante building would be a 4-story 134-unit multiple family building located on the northeast corner of 153rd Street and Galaxie Avenue. At 134 units, the site has a density of 45.6 units/acre. The building would be setback from Galaxie Avenue six feet (6') which is consistent with the Central Village Plan. The massing of the four-story building would be broken up with a one-story community area in the middle of the building which would contain such amenities as a fitness area, game room, club area/party room and yoga studio. The building would be designed with distinctive rounded tower elements at the intersections of the Galaxie Avenue & 153rd Street and Galaxie Avenue & 152nd Street in keeping with the Central Village Plan vision. The building's mass at 153rd and Galaxie Avenue had been designed to provide sight lines into Kelley Park from adjacent developed CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 19, 2012 Page 3 of 6 properties. A vacation of a portion of Fortino Street is currently being reviewed by the City Council in connection with this project. Ms. Bodmer stated the City had been working with the developer regarding parking spaces. She stated the City Engineer noted that the garage elevation of the Galante building would need to be raised because of the high water elevation of the downstream stormwater pond to a minimum elevation of 941.3 feet. The Gabella building with 198-units would be aligned in an east-west configuration between Gabella Street and 152nd Street. At 198 units on a 5.2-acre site, the development has a density of 38.1 units/acre. The building would be configured as two u-shaped buildings which would be connected with a one- story community area with amenities that would include an indoor swimming pool, fitness center, internet cafe, club room/party room, yoga studio and game room. The Gabella building would be more suburban in nature and would have more green space than the Galante building. Ms. Bodmer reviewed setback requirements, utility plans, parking spaces, elevation drawings and what was required in Planned Development No. 739. She summarized the landscape plan and stated the City's Natural Resources Coordinator provided a few minor recommended replacement plantings to ensure the long term viability of the development's landscaping. Chair Melander noted there were two lots designated for the expansion of Kelley Park and asked what the time frame on it was. Community Development Director Bruce Nordquist stated the agreement among the City, the EDA and the developer to proceed with the development of this parcel included the discussion of these parcels. Acquiring the two parcels to the east as well as the two parcels to the west of Kelley Park would return the size of Kelley Park recommended by the Parks and Recreation Advisory Committee. This had been reviewed by the Parks and Recreation Advisory Committee and supported by them. The intent was for the City to acquire those parcels and move forward but the agreement had not been finalized yet. Chair Melander inquired if we are at the 2 Y2 % for landscape yet. Ms. Bodmer answered that would be verified as part of the building permit process and staff had already reviewed that with the petitioner. Commissioner Scanlan referred back to the sketch plan review and questioned if Block 9 and a portion of Block 10, as the petitioner expressed interest that depending on market conditions that area could remain mixed use, and questioned if it was necessary to change the zoning of those parcels at this time. Ms. Bodmer said the petitioner is asking for the rezoning and as the plans show there is no mixed use. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 19, 2012 Page 4 of 6 Tony Patinella, Titan Development, LLC, stated they listened to comments from both the Planning Commission at the Sketch Plan Review hearing and the Economic Development Authority and incorporated any ideas and concerns into their submittal to make their project more intriguing and appealing to the Apple Valley community. Link Wilson, Kaas Wilson Architects, reviewed images for the proposed site and stated there are view corridors from Galaxie Avenue and Foliage Avenue into Kelley Park. He stated there would be a strong pedestrian pull into the park. He shared brick and siding colors as well as amenities of the two buildings and feels this is a product that will get a lot of attention in the marketplace. Chair Melander inquired where the roof deck would be and what type of materials would be proposed. Mr. Wilson answered that the roof deck, originally thought to be part of the Gabella building, would now be moved to the Galante building and would overlook to the east facing the Kelley Park. Materials would include metal railings and non-combustible materials that would not need to be maintained over time. Commissioner Diekmann referred to a previous meeting where the project was discussed and remembered the Galante building had a corridor you could look through the building that was open and gave visibility to Kelley Park. He inquired if that concept was no longer planned. Mr. Wilson answered that is correct because the building design has now been filled with amenity space for the participants for the tenant building. Commissioner Scanlan questioned the future use on Block 9 and Block 10 and the need for the zoning change on Block 9 from mixed use. Mr. Wilson answered they refer to that as future phases and said they cannot predict the future. He believed there could the possibility on first floor for some element of commercial. Those blocks could be for retail or could be for housing for senior adults. He stated he could not say what the future would hold. Commissioner Scanlan asked why to change the zoning at this time if there is not a clear path as to what direction the developer is going with those two parcels. Mr. Wilson stated that is a valid question and asked for assistance from Mr. Patinella. Mr. Patinella stated he believed the parcels would be housing in the future but did not know that for sure. He said it gives them more flexibility by rezoning at this time. Mr. Ed Nelson, 15465 Frost Path, had a very mixed view on this project as being a first time homebuyer in the Legacy Square Townhome development. He had watched his property value drop and had been sold on a development that had not come. He wanted to see something built but this was not what they were sold. He stated they were sold a mixed use development that was a self- CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 19, 2012 Page 5 of 6 sustaining community with both retail and small business. He would like to see something built and would like to see more mixed use. He did not have a problem with vacating the road along Galaxie Avenue but wanted to make sure there had been a traffic study for the area. He stated they currently have traffic issues especially with the two one-way streets. He inquired what the plan for the two southern proposed lots was and felt they should not be rezoned at this time. He questioned if the roof deck would share a connection and inquired as to the materials. Regarding visual site lines, he would like to see more of an inviting walking community. He stated he feels the two circular corners of the one building would suit a retail shop as a better fit. He questioned if the residents of each building would have access to amenities of both buildings and asked what the potential foot and vehicle traffic would be generated to use the gym or pool. He inquired how affordable this housing development would be. Mark Zweber, 15322 Galaxie Avenue, Shops On Galaxie owner, stated they were waiting for something to be developed at this site and believed this to be a very good project. He expressed concern for the one-way street of 153rd Street West and felt it should be turned back into a two-way street. He believed the street would be safer and traffic would flow better. He stated he is in support of the project and inquired as to a time line. Mr. Patinella answered that they plan to start in March of 2013 and finish in August 2014. Kris Knox, Property Manager/Leasing for Shops On Galaxie, liked the idea of a new development coming to this area but also expressed concern for the one-way street and would like to see that section of 153rd Street West returned to a two-way street for better traffic flow. Mac Sweidan, 15258 Florist Circle, expressed concern for the traffic and would like to see the eastern lots remain part of Kelley Park and provide more green space. He welcomed the project and felt some type of development was needed to improve the business in that area but believed traffic and safety needed more discussion. Mr. Nordquist asked Mr. Zweber and Mr. Knox about the future of mixed use or the stability of good mixed use that had already been developed and if they had any thoughts of moving forward with housing at these locations or mixed use with commercial on first floor and housing above. Mr. Zweber responded that their office use is up. In the fall of 2008 they had gone from 80% occupied to 43% occupied in about two months. They are about 85% occupied now. They have about 3500 sq. ft. of retail space that is available. Mr. Knox replied that every retail center in Apple Valley has a vacancy in it. It has been a very tough market. He stated the timing is not right for more competition in Apple Valley because there are so many other retail vacancies available. In the future he would like to see them because he feels the market is getting better. He did not feel converting any space, from the two buildings discussed in this project, to retail space sounded realistic. Mr. Nordquist thanked Mr. Zweber and Mr. Knox for their feedback. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 19, 2012 Page 6 of 6 Mr. Nelson commented on the Music in the Park at Kelley Park on Friday evenings. He stated there had not been a space to park anywhere. He would like Kelley Park to be able to be used in the same capacity as it is now with all the new people living in the neighborhood and it was hard to walk, drive and park in that area. Mr. Nordquist said that staff requested this feedback now and would return with additional background with the original intent of the one-way street of an active pedestrian type of neighborhood. He stated they will revisit and update the Commission on it. Chair Melander closed the public hearing at 8:06 p.m. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, October 3, 2012, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler to adjourn the meeting at 8:08 p.m. Ayes - 7 - Nays - 0. Res ectfully Submitted, Murphy, Planning De artme ssistant Approved by the Apple Valley Planning Commission on CITY OF APPLE VALLEY PROJECT SUMMARY Agenda teni: 5 145TH STREET IK TRIP Applicant: Kwik Trip, Inc. Case Number: PC12-30-SCB and PC12-34- Reviewer Thomas Lovelace Application Date: August 7, 2012 and August 29, 2012 Meeting Date: October 3, 2012 Petition for: • Replat • Condition Use Permits • Site Plan/Building Permit Authorization The applicant is requesting approval of a replat of two existing lots into one (1) lot, amendments to existing motor fuel sales, car wash operations and outdoor display conditional use permits; and site plan/building permit authorization to allow for construction of a 5,764 sq. ft. convenience store, 1,879 car wash bay, 4,800 sq. ft. fuel canopy, and 23 surface parking spaces. The site is located at the northwest corner of 145 Street West and Cedar Avenue. The site is the current location of 12,400 sq. ft. multi-tenant retail building that includes the existing Kwik Trip convenience store and Big Apple Bagel restaurant, a 970 sq. ft. car wash bay, a 3,700 sq. ft. fuel canopy, and 61 surface parking spaces. Summary of Issues: The applicant is proposing to replat two existing lots into one lot to allow for the new construction of the convenience store, car wash, and fuel canopy on one lot of record. The proposed plat identifies all the required perimeter drainage and utility easements as well restricted access easement along Cedar Avenue. No outstanding issues have been identified. The existing motor fuel sales, car wash, and outdoor display sales conditional use permits will need to be amended that will address their proposed operations. Access to the site will be via two 35-foot wide driveways off of 145 Street West. An existing driveway off of Glenda Drive will be removed with the new construction, and no access will be allowed from Cedar Avenue. Maximum driveway width allowed by City code is 30 feet. Revisions shall be made to bring the driveways into conformance with City code. Revisions should be made to the grading, utility, and landscape plans per staff comments as outlined in this report. The applicant has identified building signage on their elevations but no formal sign application has been submitted. All building signage shall be in conformance with City's sign regulations. A sidewalk should be installed along the north side of 145 Street West. Recommended Actions: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses 7501-7575 145 Street West Lots 1 and 2, BOR-NEL "C" (Commercial) "RB" (Retail Business) Platted Multi-tenant retail center that includes existing Kwik Trip convenience store with a car wash bay and motor fuel sales 1.93 acres Flat Landscaping consistent with commercial/retail development None NORTH SOUTH EAST WEST 145TH STREET KWIK TRIP PROJECT REVIEW Existing Conditions Cedar Valley Learning Center Comprehensive Plan Zoning/Land Use Valley Buick Pontiac GMC Comprehensive Plan Zoning/Land Use Hope Church Comprehensive Plan Zoning/Land Use McDonald Construction, Inc. Comprehensive Plan Zoning/Land Use "C" (Commercial) "LB" (Limited Business "C" (Commercial) Development Project Review "GB" (General Business) "INS" (Institutional "P" (Institutional) "C" (Commercial) "LB" (Limited Business) Comprehensive Plan: The 2030 Comprehensive Plan Land Use Map designates the site "C" (Commercial). This request would be in conformance with the existing map designation and the goals and policies of the Plan. Zoning: The property is currently zoned "RB" (Retail Business). Retail business districts are areas which are centrally located to serve the need for general retail sales. Freestanding retail buildings such as the proposed convenience store are permitted uses, and motor fuel sales and car wash operations are conditional uses within the "RB" zoning district. Proposed Replat: The site is currently platted and legally described as Lots 1 and 2, Block 1, BOR-NEL addition. The applicant is proposing to consolidate the existing two lots into one lot to allow for the new construction of the convenience store, car wash, and fuel canopy on one lot of record. The proposed plat identifies all the required perimeter drainage and utility easements as well as restricted access easement along Cedar Avenue. No outstanding issues have been identified. Conditional Use Permits: This site has been the location of a convenience store/fuel sales operation since 1983, with a car wash bay added in 1993. Conditional use permits (CUP's) were granted in 1983 for motor fuel sales, and in 1993 for the car wash operations and outdoor display. As with most CUP's, certain conditions have been established for the three conditional uses that are specific to the use as presented at the time of approval, which may not be applicable with the changes being proposed by the applicant. Therefore, amendments to the existing CUP's will be necessary. Amendments to the motor fuel sales CUP should address the new site plan, number of pumps, collection of hazardous waste spills, canopy lighting that restricts illumination to the area directly beneath the canopy, and the use the of fuel dispensing public address system. CUP amendments to the car wash operations will include recognition of the new site plan and elevations, and should address operational issues such as the opening and closing of the automatic doors. The existing CUP for outdoor display for the current facility has some conditions specific to the operations as presented in 1993. Amendments will be necessary that would allow for the video rental vending machine and location of products for display. As with the other CUP', the amendments will also need to reference the new site plan. Site Plan: The applicant is proposing to raze the existing 12,400 sq. ft. multi-tenant building, 972 sq. ft. car wash bay, and 3,726 sq. ft. fuel canopy and construct a new 7,643 convenience store, 1,879 sq. ft. attached single stall car wash facility and 4,800 sq. ft. fuel canopy on 1.93-acre lot. Access to the site will be via two 35-foot wide driveways off of 145 Street West. An existing driveway off of Glenda Drive will be removed with the new construction, and no access will be allowed from Cedar Avenue. Maximum driveway width allowed by City code is 30 feet. Revisions shall be made to bring the driveways into conformance with City code. Ten (10) parking spaces will be located directly in front of the store with an additional thirteen (13) spaces located along the east property line abutting Cedar Avenue. The proposed parking will meet the minimum required parking. The 20 ft. x 28 ft. trash enclosure will be located in the northeast corner of the site, which will be directly adjacent to Cedar Avenue. The enclosure walls shall be required to be constructed of the same material as the proposed building. Grading Plan: The site is relatively flat and minimal grading with be done to prepare the site for redevelopment, which will include the construction of two infiltration basins. The City Engineer has reviewed the preliminary grading plan and has the following comments: • The applicant shall work with City staff to provide elevations on the site meeting a minimum elevation of 957 to promote drainage during large rainfall events. This elevation would result in a building elevation of approximately 957.5. The plans do not currently reflect this change. • The infiltration basins have been re-designed as filtration basins. The 12" layer of native soil indicated on the detail plate should consist of 70% washed sand and 30% compost to promote filtration through the media. The plans should also be revised to consistently label the basins as "Filtration Basins". • Overland flow from the east side of the building shall be directed to Filtration Basin #1 rather than Catch Basin #3. Catch Basin #3 should be converted to a manhole. Site grading shall ensure flow from the east side of the building to Filtration Basin #1 is maximized. • The storm sewer connection to the public system at the southwest corner of the lot has been labeled as potentially requiring reconstruction to accommodate the proposed storm sewer line. Reconstruction of this structure shall be indicated on the right of way permit application and shall be coordinated with Apple Valley engineering staff. • The applicant shall verify that the revised filtration basins will have sufficient capacity for 0.5" of volume over the entire site in a 48 hour period. • Inlet protection shall be installed at all storm sewer inlets. This has been noted on the revised plans. The City's Natural Resources Coordinator has also reviewed the preliminary plans and has the following comments regarding the proposed infiltration areas: 2 • There should be no native soil within the filtration basin; the soil mix should be 70% sand and 30% compost. This will improve water movement through the media and is a common standard soil mix for these types of storm water BMP's. • The bottom of the basin should be as flat and not rounded as shown in the detail. • Drain tile should be next to the clay layer, not raised off the bottom. • There is no need for course aggregate around the drain tile as shown on the plan detail; the course aggregate should be eliminated. • The filtration basins should be kept off-line the first year to allow seed germination and plant establishment. • A maintenance plan should be prepared for watering, weeding, and mowing needs. This will help to assure plant establishment and weed prevention. Revisions per the City Engineer's and Natural Resources Coordinator's comments should be made to their plans. The applicant shall execute a maintenance agreement for the filtration to ensure their ongoing functionality. Elevation Drawings: The exterior finish of the proposed 7,643 sq. ft. convenience store/car wash bay will be primarily red brick with tan brick used for horizontal accent lines. A green standing-seamed metal roof overhang will be constructed along the front elevation and along approximately 1/3 to 1/2 of the length of the side elevations. Tan stucco will be installed just above the main entrance to the building. Staff has no issues with the building's exterior finish as proposed. The applicant is proposing to construct a 120 ft. x 40 ft. fuel canopy that will provide cover for the fueling area. Approximately 50% of the canopy's support columns will be encased with brick, which should provide a nice look to it. Landscape Plan: The landscape plan identifies a nice variety of live plant material that will be installed along the perimeter of the site. They are proposing the installation of eight (8) Colorado spruce along the west property line to help screen the site from the residential uses to the northwest. The Natural Resources Coordinator has reviewed the proposed landscape plan and is recommending that the Colorado blue spruce be replaced with Black Hills spruce due to needlecast and canker diseases associated with Colorado spruce. Black Hills are less prone to needle cast and canker diseases. Availability of Municipal Utilities: All necessary municipal utilities to serve the building are available by means of service connections to existing water main, storm and sanitary sewer lines located within or directly adjacent to the site. The City Engineer has reviewed the plans and has the following comments: • The location of the sanitary sewer service to the existing building shall be identified. The existing sewer service that is proposed to be abandoned may need to be removed to the main. This has been noted on the revised plans. • The sanitary sewer service invert to the proposed basement is shown to be at an elevation of 949.53. The proposed basement is shown to be at an elevation of 947.08. This scenario will require some form of an ejector pump unless the basement elevation is raised. • The water service and fire service shall be split outside of the building with the ability to turn off each service independently. This has been addressed on the revised plans. • A post indicator or wall mounted valve shall be provided on the fire service. This has been addressed on the revised plans. Street Classifications/Accesses/Circulation: The site is bounded on three sides by public streets, Cedar Avenue to the east, 145 Street West to the south and Glenda Avenue to the west. Access to the site will be gained via two driveways along 145 Street West, which currently exist. Pedestrian Access: There is currently a bituminous pathway located along Cedar Avenue. There is currently a sidewalk along the south side of 145 Street West and no sidewalks exist along either side of Glenda Drive. Because 3 of the orientation of the new building and layout of the site, a sidewalk should be installed along the north side 145 Street West. Signs: Although the applicant has not submitted a formal sign application, their elevations show 21 sq. ft. "KWIK TRIP" on the east and west elevations and a 22 sq. ft. "CAR WASTI" sign located on the south elevation. Their plans also show signage on the canopy. All building signage shall be in conformance with City's sign regulations. An existing pylon sign is located at the southeast corner of the site. The applicant has not indicated if they plan on constructed a new sign with this redevelopment proposal. Public Hearing Comments: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. 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ZI in( 1VA011.1.1'v : co LIJ 0 DDDLJDD z GREATER MIDWEST FUNDRAISING OUTDOOR STORAGE INTERIM USE PERMIT Agenda Item: Case Number: PC12-35-I Staff Reviewer: Margaret Dykes Applicant: Timothy Shi Greater Midwest Fundraising, and Keith SPerbeck, AV 147L" Properties, LLC Application Date: September 5, 2012 Meeting Date: October 3, 2012 Petition for: business. • Interim Use Permit for outdoor storage of up to 4 passenger vehicles in conjunction with an on-premise Summary of Zoning: The property is zoned Retail Business which allows for retail and smaller office business uses. The subject Issues: business, Greater Midwest Fundraising (GMF), is considered a Retail Business. The zoning code does not list outdoor storage or overnight parking of vehicles as a permitted, accessory, or conditional use. Limiting overnight parking and outdoor storage ensures parking lots remain uncluttered reducing nuisance characteristics. Interim Use Permit: GMF submitted a request for a Conditional Use Permit, but upon staff's review it was concluded that the outdoor storage or overnight parking of the vehicles is not a listed conditional use in a Retail Business district. Moreover, the City Code specifically prohibits overnight parking of vehicles in commercial or industrial zones. GMF amended its request to an Interim Use Permit (IUP) to store/park its delivery vans on the subject property. The tenant and property owner have requested an (IUP)to allow for the outdoor storage of up to 4 passenger vehicles on site overnight; the vehicles would be delivery vans. "Passenger vehicles" are defined as those vehicles no larger than 8 feet in height and 22 feet in length. The subject delivery vans are standard size vans; no vehicles other than passenger vehicles would be stored on the site overnight. The applicant states there will be no other material, products, or non-passenger vehicles stored outside on the site. The requested Interim Use Permit would expire October 31, 2013. GMF provides packaged goods (primarily food products such as pizzas, steaks, and cookie dough, etc.) to non-profit entities for fundraising purposes. They also make these products available for sale to customers in the subject building. The business provides delivery service of these products to their customers. The delivery of goods is a critical part of business for many retail operators. For example, some local restaurants have catering vans that are stored on site. Also, some auto accessory stores have delivery vehicles, and some electronics retailers have service vehicles that are sometimes also stored on site. An Interim Use Permit is a permit granted by the City for a temporary use that will end on a particular date. The permit may impose special standards or restrictions to assure that the temporary use is compatible with surrounding properties. The requested IUP will allow the City the necessary time to assess the impacts of the outdoor storage of a limited number of passenger vehicles associated with an on-premise business. If no adverse impacts are found, it may be appropriate to amend the City Code to allow overnight parking/outdoor storage of a limited number of passenger vehicles, either as a conditional use or permitted accessory use. Site Plan: The vehicles will be parked on the south side of the building, which will help to screen the vehicles from vehicles on 147 Street W. This southern parking area is adjacent to the loading areas of Granada Shopping Center to the west, and Time Square Shopping Center to the south. The approximately 14,000 sq. ft. building requires 46 parking spaces. There are 45 spaces available to the building. Staff has no issues with the storage of vehicles on the site due to the limited number of parking spaces required by the users of the building. Recommended Open the public hearing, receive comments and close the hearing. It is the policy of the Planning Commission not Actions: to act on an item the same night as its hearing. H:\DEVELOPM\2012 Projects\GMF 1UPTCreportl.docx Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses GREATER MIDWEST FUNDRAISING OUTDOOR STORAGE INTERIM USE PERMIT PROJECT REVIEW 7600-147 Street W. The East 85 feet of Lot 1, Block 2 and the West 40 feet of Lot 2, Block 2, Valley Commercial Park First Addition "COM" (Commercial) "RB" (Retail Business) Platted. Limited industrial uses 0.72 acres Flat. Suburban landscaping. None identified. NORTH SOUTH EAST WEST Famous Dave's Restaurant Comprehensive Plan Zoning/Land Use Time Square Shopping Center Comprehensive Plan Zoning/Land Use "COM" (Industrial) "COM" (Industrial) The Printing Center/Haupt Antiek Comprehensive Plan Zoning/Land Use Granada Shopping Center Comprehensive Plan Zoning/Land Use "RB" (Retail Business "RB" (Retail Business "COM" (Industrial "RB" (Retail Business "COM" (Industrial "RB" (Retail Business) Development Project Review Comprehensive Plan: The property is guided for commercial uses in the 2030 Comprehensive Guide Plan. The proposed outdoor storage of passenger vehicles is consistent with the Comprehensive Plan. Zoning: The property is zoned Retail Business which allows for retail and smaller office business uses. This district was designed to serve the needs of residential neighborhoods and the community at large. Nuisance characteristics, such as noise, truck traffic, and the like tend to be limited. Businesses within this district are required to have ample parking, adequate traffic circulation, and pedestrian access. The zoning code does not list outdoor storage or overnight parking of vehicles as a permitted, accessory, or conditional use. This ensures parking lots do not be cluttered with vehicles, materials, etc. The subject business, Greater Midwest Fundraising, provides packaged goods (primarily food products such as pizzas, steaks, and cookie dough, etc.) to non-profit entities for fundraising purposes. They also make these products available for sale to customers in the subject building. The business provides delivery service of these products to their customers. Greater Midwest Fundraising is considered a Retail Business. There is an over-the- counter retail component, along with a kitchen to help customers determine the products they would like to purchase. There is also a storage freezer. No products are manufactured on the site. H:\DEVELOPM\2012 Projects\GMF IUPTCreportl.docx 1 Interim Use Permit: The tenant and property owner have requested an Interim Use Permit to allow for the outdoor storage of up to 4 "passenger vehicles" on site overnight. The subject vehicles will be delivery vans considered "passenger vehicles", i.e. no larger than 8 feet in height and 22 feet in length. These are standard size vans; no vehicles other than passenger vehicles would be stored on the site overnight. The applicant states there will be no other material, products, or non-passenger vehicles stored outside on the site. The requested Interim Use Permit would expire October 31, 2013. The delivery of goods is a critical part of business for many retail operators. For example, some local restaurants have catering vans that are stored on site. Also, some auto accessory stores have delivery vehicles, and some electronics retailers have service vehicles that are sometimes also stored on site. An Interim Use Permit is a permit granted by the City for a temporary use that will end on a particular date. The permit may impose special standards or restrictions to assure that the temporary use is compatible with surrounding properties. The requested Interim Use Permit will allow the City to assess the impacts of the outdoor storage of a limited number of passenger vehicles associated with an on-premise business. If no adverse impacts are found, it may be appropriate to amend the City Code to allow this use, either as a conditional use or permitted accessory use. Site Plan: The vehicles will be parked on the south side of the building, which will help to screen the vehicles from vehicles on 147 Street W. This southern parking area is adjacent to the loading areas of Granada Shopping Center to the west, and Time Square Shopping Center to the south. Parking: The approximately 14,000 sq. ft. building requires 46 parking spaces. This limited number is because roughly half of the building is dedicated to hallways, utility room, bathrooms, storage and other non-traffic generating uses. Previously, this building has been used for a racquetball court facility, an antique store with storage, an auto accessory store, a small grocery store, offices, and similar uses. There are 45 spaces available to the building. Staff has no issues with the storage of vehicles on the site due to the limited number of parking spaces required by the users of the building. Public Safety Issues: None identified. The Police Department has reviewed the request and has no issues. Public Hearing Comments: Public comments to be taken. Attachments: 1. Location Map 3. Zoning Map 2. Comprehensive Plan 4. Site Plan H:\DEVELOPM\2012 Projects\GMF IUPTCreportl.docx 2 5. Letters and Plans from Applicant 6. Code Excerpts GREATER MIDWEST FUNDRAISING LOCATION MAP A Valle y . • H GREATER MIDWEST FUNDRAISING IUP COMP PLAN MAP vi7//7/,')//7/Afo Mirly / If, ////1/7/ / GREATER MIDWEST FUNDRAISING IUP ZONING MAP J i�':Mn ^.� fni+o:i:cti.sii/f , i bnY. ._ yy :F, Sc;,p ra n fY :E:h:6Y.pii?X<'.:a?%J% %:.ijn•;. PArpog IOW gY� 7JmR�a$ air# { Vint „wit 115 :%PJNf Greater Midwest Fundraising 7800-147 Street W. Suite |UU Apple Valley, MN 55124 City of Apple Valley Community Development Dept. Attn: Margaret Dykes, Associate un/ 7lUU'l47' Street V/. Apple Valley, MN 55124 Dear M . Dykes: Since � Timothy -- .' Greater Midwest Fundraisii LC RE: Amend Kcquusi for Outdoor Storage u[Puyscng for Greater Midwest Fundraising 7bUU-|47 Street W. Sepiu onb�r� On Septemher 5, 2012, Greater Midwesi Fundraising and AV 147 Propertics, LLC submitted an application for u Conditional Use Permit to allow Greater Midwest FuuJruisio ("GMF") to park up to 4 delivery vans overnight on the south side of our building. Upun[uo review of 0U request, we arc respectfully requcs(in� |he City consider an Interim Use Permit rather than a Conditional Use Permit 10 allow us x` park delivery vehicles overnight outdoors. We request the Interim Use Permit be allowed run through October 31, 2013. We believe thui by altering our request, the City will have sufficient time • to determine i[there urc uny adverse impacts to adjacent properties that with ih overnight outdoor parking of delivery /n�puc a uu]uc�n pnoper .�� u may occur � vcrm u urp r m� w ry u s and whether an amendment |o| ' coJ 'sappropriate. �|uu�c dcrs|unJ however. n , n v/ �r n the z zoning c/ understand, , we do not believe there will be any negative impacts on surrounding properties. We will park the vans so that they are screened by the building, and we will only park those vehicles that arc critical 10 our operations. V/c will not park or store any other vehicles or materials outside 411 c building, except those delivery vans necessary to our business operations. We understand |hc alteration of our request will not affect the existing |inningm|the review by /hc Munn�n� Commission and City Council, with the public hear ig For the Interim Use Permit to be held October 3, 2012. Thank You tor yourconsideruiion o' our request. Please cc.. tact is at your earliest convenience il 0U have iy questions regardiig bbs natter. / Keith Sp 'rhuck A\/|47I noper\ics,Li( September 10, 2012 City of Apple Valley 7100 147 Street W Apple Valley, MN 55124 RE: Conditional Use Perniit Attention: Planning Commission Greater Midwest Fundraising (GMF) is currently requesting a Conditional Use Permit (CUP) for overnight parking of up-to 4 vehicles located at 7600 VV. 147 Street, Apple Valley, MN. GMF is a 10 year old fundraising company that has recently relocated to the Apple Valley Building. The core business of GMF is selling frozen food iterns for fundraisers in the Midwest. The request is for up-to 4 vehicles to be parked in space numbers 2-5 (see attached map). We have selected spaces 2-5 for both screening and security (dose proximity to the building). The type of vehicles that will be parked in the spaces will in most cases be standard delivery vans (E150 E350). However, in some cases they will be the delivery driver's personal vehicle due to late or distant deliveries that require them to be gone overnight. GIVIF currently has 2 delivery vans but anticipates adding 1-2 more soon with planned expansion. Sincerely, Tim Krieger, Greater Midwest Fundraising �M..,.r�.t.F. Aa � : •'�' `'i .... a s. .. :: •s. .;... o� �n:'Y: Y } ,e .: d �.:.; ...;. ;y :,�Y,, '.f: e3:1..•.. ::�:4i:.' w : y . x.. .. .. yAxi�:: 'RMl.� + N%'.m ;.: •}:5i's. irv...�j n:: r. a i ^o- r as i1k(7} .W �. may::..:: �..•:.:.,!n .: �:::' ,,:�,• ...... .:.....' - ,.k'.:e...�C... �' ... .:,,.,.. o,. �°•... �.,.. �'+°:• r•; a�,. rx�. vs�ab, �. s...,:, j. 7iu, , . , a . �;k : � . �c . c��•r; % •9, .�.. n;.e<;, .. '�`, >,.z.... ..rw § 155.003 DEFINITIONS. NON-PASSENGER VEHICLE. Any motor vehicle measuring eight feet or more in overall height or 22 feet or more in overall length including any ancillary racks, cranes, storage compartments and the like; or any vehicle with a manufacturer's nominal rating carrying capacity of one ton or more, or any vehicles or trailers not customary or incidental to the use or occupancy of residential properties, such as, but not limited to: dump trucks; step vans; cargo trucks; tow trucks; semi trailer tractors; fire trucks; boom trucks; tank trucks; hearses; and the like. Recreational vehicles and equipment are specifically excluded from this definition. PARKING A " A or PARKING LOT. The paved surface area on a lot for the purpose of temporary storage of vehicles, including any drive aisles or lanes. PARKING A ' A or PARKING LOT does not include and is separate and distinct from the term driveway for purposes of parking spaces for single family and two-family dwellings. PA ' NG SPACE. A suitable surfaced or permanently maintained area of sufficient size to store one vehicle either within or outside of a building. PASSENGER VEHICLE. Any motor vehicle licensed for on-street use measuring less than eight feet in overall height and less than 22 feet in overall length designed and commonly used for personal or work- related day-to-day transportation purposes carrying not more than 15 persons, including the driver. A PASSENGER VEHICLE includes automobiles, SUVs, vans, and pick-up trucks with a manufacturer's nominal rating carrying capacity of one ton or less and commonly known as a pick-up truck and a van designed with no barrier separation between the operator area and the remainder of the cargo carrying area with a manufacturer's nominal rating carrying capacity of one ton or less. PASSENGER VEHICLE(S) shall not include buses, motorcycles, motorized bicycles, motorized foot scooters, motor scooters, non-passenger vehicles as defined in this section, school buses, trailers as defined in this section, recreational equipment or recreational vehicles as defined in this section. A handicap-equipped van used for personal purposes shall be deemed a PASSENGER VEHICLE regardless of height. TAIL BUSINESS DISTRICT § 155.155 P 11 • OSE. City of Apple Valley Zoning Code Excerpts Retail business districts are areas which are centrally located to serve the need for general retail sales. § 155.156 PERMITTED USES. Within any RB district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Retail shopping center developed under the following conditions: (1) An overall concept plan shall be submitted and approved by the city including architecture style of all structures, parking, driveways, landscaping and screening and adequate spaces for future community facilities, when the facilities are to be a part of the center. 1 City of Apple Valley Zoning Code Excerpts (2) Initial construction in new shopping centers shall include a minimum of 20,000 square feet of floor area to ensure that the center will function as described in § 155.155. This requirement shall not pertain to shopping centers or the peripheral or allied commercial developments or vacant lots in areas where shopping centers are in existence upon the effective date of this chapter. (B) Freestanding retail buildings; (C) Retail business uses in shopping centers or freestanding buildings shall be limited to the following unless similar uses are specifically approved by the City Council: stores and shops selling the personal service or goods over a counter. These include antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, florists, food, furniture, furrier shops, garden supplies, gifts, hardware, hats, hobby shops, interior decorating, jewelry, watch repair, laundry and dry cleaning pick up, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply, paint and wallpaper, phonograph records, photograph studios, restaurants (Class I, and Class III Neighborhood Restaurant without a drive-through window, only), shoes, sporting goods, tailoring, theater (except open air drive-in), tobacco, toys, variety stores, wearing apparel, grocery store and off-sale liquor store; (D) Banks, savings and loan offices, offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area; (E) Community facilities such as library, swimming pool, health center, day-care center, religious facilities or community center; (F) On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility; (G) Health clubs or athletic clubs and facilities; (H) Animal hospital or clinic when contained within a building; ( Small engine and appliance repair conducted entirely within a building and accessory to a principal use; Commercial recreation including theater, coin-operated amusement devices, athletic club, (J) billiard room and similar facilities when contained within a building; and (K) Retail sales of auto accessories, except that of installation facilities. § 155.157 CONDITIONAL USES. Within any RB retail business district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Outdoor display or sales conducted by an occupant of the shopping center; (B) On-sale liquor; (C) Multiple dwellings when integrated into multi-use structure; 2 (J) City of Apple Valley Zoning Code Excerpts (D) Service bays as accessory uses for the installation of auto accessories in conjunction with an appliance store or auto accessory store provided there are no more than two bays which shall be screened and oriented as required by the City Council; (E) Private clubs and lodges not operated for a profit; (F) Motor fuel stations and minor auto repair facilities; (G) Major auto or truck repair in conjunction with a motor fuel station; (1-1) Restaurants (Class II) when located no closer than 1,000 feet from any residential or institutional use; ( Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when: (1) The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site. (2) The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. ( Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Carwash operations under either of the following conditions: (1) In conjunction with and accessory to a motor fuel sales operation. The car wash to be restricted to one bay and must be incorporated into the primary structure and subject to the same design standards as a motor fuel station as stipulated in § 155.356. (2) As a freestanding operation on its own lot. The facility must be located on a lot having no street frontage on a roadway identified as either a major or minor arterial, or as a community or neighborhood collector, in the thoroughfare plan of the city's comprehensive plan. Where the wash lane entry or staging area is visible from the street or adjacent to a less intensive use, appropriate screening shall be installed and shall consist of berms, landscaping, opaque fence or some combination thereof. The facility must also be located no closer than 250 feet to a residential use, as measured from lot line to lot line. (K) Major anchor/center sign subject to the requirements of Chapter 154. (L) Towers as regulated in § 155.385. (M) Drive-through window in conjunction with a Class III Neighborhood Restaurant, when the following requirements are met: (1) The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses. 3 City of Apple Valley Zoning Code Excerpts (2) The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer. (3). When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. § 155.158 PE ITTED ACCESSORY USES ("RB"). Within any RB district, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (A) Accessory uses permitted in the LB district. (B) Delivery bays provided the bays are screened and oriented as required by the City Council. (C) Outdoor dining area, subject to the regulations set forth in this chapter. § 155.375 USE OF OFF-STREET SPACES. Required off-street parking space in commercial or industrial 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. 4 6 Agenda Item: MORNINGVIEW CONDOMINIUMS PARKING VARIANCE Applicant: Morningview Condominium Association Case Number: PC12-33 V Application Date: Septernber 17, 2012 Staff Reviewer: Kathy Bodmer Meeting Date: October 3, 2012 Petition for: Summary of Issues: Morningview Condominium Association requests a variance from the required number of parking spaces that must be provided in order to remove an 18-space parking lot along 157 Street. The Morningview Condominiums is a 3-building condominium development with a total of 90 units located on the northwest corner of Cedar Avenue and 157t1 West. The Morningview Condominium Association requests a variance which would allow them to remove an unused 18-space parking lot adjacent to Cedar Avenue. Rather than continue to maintain the unused lot, the Association wishes to remove it and replace it with landscaping. The Association received a variance on April 22, 1982, which allowed them to reduce the number of parking spaces that needed to be installed by 45 spaces. Removing the 18-space parking lot would require a modification to the existing variance to remove 4 additional parking spaces, or a total of 49 parking spaces. The Zoning Code requires developers of apartment buildings and condominiums to provide a minimum of 1 garage space and 1.5 surface spaces per unit. On April 22, 1982, the developer of the Morningview Condominiums received a variance that allowed a reduction in the number of surface parking stalls to 1.0 surface space per unit. With the variance, the development is required to provide a minimum of 180 parking stalls. A total of 194 parking stalls (14 over the requirement) are currently available with 98 surface spaces and 96 garage spaces. Removing the 18-space lot leaves a total of 176 parking spaces available for the development, 4 spaces less than currently allowed by the variance granted in 1982. The Morningview Association Management Company states that there are 62 one- bedroom units, 27 two-bedroom units, and 1 studio unit in the 90-unit complex. With 70% of the units consisting of either studio or 1-bedroom units, staff is satisfied that parking demand will remain low into the future. In fact, if the parking formula used for the Central Village is used to calculate needed parking, the total number of required parking spaces would be 164 spaces, 12 less than is currently being requested. The Central Village parking formula is based on the number of bedrooms and attempts to more closely reflect parking demand. Bus Rapid Transit (BRT) will begin operating on Cedar Avenue in the Spring of 2013. It is expected that transit-oriented development and intensified development will occur as a result of this high-frequency transit improvement. Transit-oriented development ordinances typically allow for decreased parking requirements because it is expected that there will be an increased use of transit. The Morningview Condominiums are located less than 1/4 mile from the Apple Valley Transit Station (AVTS). Definition of "Practical Difficulties" Recommended Actions: "Practical difficulties," as used in connection with the granting of the variance, is defined as: The plight of the applicant is due to circumstances unique to the property not created by the applicant; and • The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; When the development was approved in 1982, it was recognized that the Morningview Condominium development would have a lower parking demand than other similar developments. The variance in 1982 allowed the development to reduce the number of required parking spaces by 45. Allowing the Association to remove the 14-space parking lot would require a variance for 4 more parking stalls, or a reduction in the required number of parking spaces to 49. To staff's knowledge, there has never been an issue with parking at the Morningview Condominiums since they were constructed nearly 30 years ago. As a result, staff is recommending approval of the variance with the following findings: 1. The Morningview Condominium development was granted a variance in 1982 which allowed them to provide 1.0 surface space per unit, a reduction of 0.5 spaces per unit or 45 parking spaces. 2. Currently there are 194 total parking spaces provided on the site, 14 spaces over the 180 minimum required after the variance approval in 1982. 3. Seventy percent (70%) of the units are 1-bedroom or studio units, so pa king demand is expected to remain low. 4. The Morningview Condominium development is located less than 1/4 mile from the Apple Valley Transit Station (AVTS). 5. The removal of the 18-space parking lot will decrease the amount of i - npervious surface area and increase opportunities for infiltration. 6. The variance reducing the required spaces by 49 is four spaces more than the existing variance granted in 1982. If the Planning Commission concurs with staff's findings, the following motion is recommended: Recommend approval of a variance for the Morningview Condominium to reduce the required number of parking spaces from 225 spaces to 176 spaces with the findings noted above. Report Attachments: 1. Location Map 2. Zoning Map 3. Area Map 4. Pictometry Photo 5. City Council Minutes April 22,1982 6. Legal Opinion from Association re: Board Authority to Change Common Elements Existin Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Tot 6 Varia Va ri Gara Total Spa Variance MORNINGVIEW CONDOMINIUMS PARKING VARIANCE PROJECT REVIEW Northwest corner of Cedar Avenue and 157 t Street West (7600, 7624 and 7632 — 157 Street West) Lot 32, Block 1, Morningview Flat. Urban grasses/landscape. NA MD-Medium Density Residential (6-12 units/acre) PD-251, Zone 5 Platted Lot. Multiple family residential. 6.4 acres NORTH SOUTH EAST WEST Morningview 9 Additi Comprehensive Plan Zoning/Land Use Drainage Pond Comprehensive Plan Zoning/Land Use Cedar Ridge Clinic (acr Comprehensive Plan Zoning/Land Use Morningview 2' Additio Comprehensive Plan Zoning/Land Use on and Drainage Pond MD-Medium Density Residential and Water/Pond PD-251, Zone 5 Water/Pond PD-251, Zone 6 oss Cedar Avenue) C-Commercial PD-507, Zone 4 n MD-Medium Density Residential PD-251, Zone 4 Below is a copy of the parking Calculation for the Morningview Condominiums. Miriirrium Spaces Required by Code Surface Spaces at 1.5 spaces/unit 135 Garage Spaces at 1 space/unit 90 al Required Parking Spaces Per Code 225 ce Granted April 22, 1982 ance - 1.0 surface space/unit 90 ge Spaces at 1 space/unit 90 ces Required After Approved Morningview Condominiums Parking Calculation 180 Garage Spaces Spaces Currently Available Surface Spaces 98 96 Total Parking Spaces Currently Available On Site 194 Requested Variance to Remove Fr()nt Parking Lot (Remove 18 Spaces) - 18 Remaining Parking Available On Site 176 2 map EWELL DR , ,� to � ;� �� r �.� 4 � � :t•a ' w5. 6144 rAt OP Ma- latralr IMIV or,,MWreir it - rritow k ► r i _ ~ P NY .16106 t LIN 4 .4112111101111 6 14 Virritillirengi I /I E. eap i 'fir. '"1 IMw P w�11 iM r ' rtj • v,,I"`I Morningview i HELLMUTH & JOHNSON Board of Directors Morningview Condominium Association c/o The Community Association Group Attn: Margaret Balfanz 4672 Slater Road Eagan, MN 55122 Re: Morningview Condominium Association (General Matters) Modifications to Parking Lot with Common Elements Our File No.: 12891.0001 Dear Board of Directors: This letter follows Ms. Balfanz's September 4, 2012, electronic mail message requesting a legal opinion regarding the ability of Morningview Condominium Association ("Association") to modify the Association's Common Elements, specifically, to remove the south parking lot. I have now had an opportunity to review the Declaration of Condominium No 60, Morningview Condominium ("Declaration"), the Association's Bylaws and applicable law, and base my opinions thereon. Ms. Balfanz posed two specific questions, stated below, followed immediately by my response to each question. Are there any cross-access and/or cross-parking easements executed for that front parking lot as part of this development? In other words, does the Association north and west of the Morningview Condos that shares the driveway have any rights to that front parking lot? We need to confirm that it does not. Based on our review of public records, it does not appear that there is any document of record that gives any other party any rights of use with regard to the "front parking lot." 8050 West 78th Street, Edina, MN 55439 • T 952-941-4005 F 952-941-2337 www.hjlawfirm.com ATTORNEYS AT LAW September 17, 2012 WRITERS DIRECT DIAL NO.: (952) 746-2105 E-MAIL: NPOLOMIS@HJLAWFIRM.COM VIA ELECTRONIC MAIL ONLY Board of Directors Morningview Condominium Association September 17, 2012 Page 2 Does the Board have the authority to remove the lot without a member vote? Pursuant to Article IV, Section 3(0, the Board has the authority to regulate the use and modification of the Common Elements. The parking lot in question is located with the Common Elements. As such, the Board of Directors has the authority to regulate the modification of the parking lot, including, but not limited to its removal. There is no requirement for approval of the proposed action by homeowners. trust this letter addresses the Board's concerns regarding this matter. If you have further questions or concerns regarding this matter, please do not hesitate to contact me. NTP/cor 1223840_1 - 12891.0001 Very truly yours, HELLMUTH & JOHNSON, PLLC Nancy T. Polomis Attorney at Law CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 22, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly (attended at 7:40 p.m.), Overgard and Savanick; Clerk Asleson. ABSENT: Councilmember Branning. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Savanick, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving all items on the con- CON sent agenda with no exceptions. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 58 approving a 1982 Sound Level Meter Custody Agreement with the Minnesota Department of Transportation and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving a Grant Agreement for the 911 emergency telephone system including reimbursement to the City of $21,647 for establishing a Public Safety Answering Point and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving a 1982-83 Cross Coun- 1982-83 SKI try Ski Rental Agreement with Valley Bike and Ski, Inc., at Lebanon RENTAL AGREEMT, Hills Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. ping - 0 111111•111 111 1 6111 111 1111 1 11 1115 1 11 1111 11 111,1 1111111 110111111 .111141100.1111 101 MOTION: of Overgard, seconded by Savanick, granting a variance for Lot 12, Block 7, Apple Valley 4th Addition, to allow construction of a house addition eet eet right-of-way as re- ,- ;4; • commen e CONSENT AGENDA ITEMS the Planning ommission. Ayes ay MOTION: of Overgard, seconded by Savanick, approving the final plat and de- velopment agreement for Morningview 6th Addition and authorizing the Mayor and, Clerk 1:o sign same and approving building permits for five 24-unit buildings in the subdivision and a variance to allow nine-foot parking stalls with one open parki stall ,er dwellin unit as recommended by the Planning Commission. Ayes -3 - Nays - APPROVE AGENDA ENT AGENDA 911 GRANT AGREEMENT RES. 1982-58 1982 SOUND METER AGREEMENT VARIANCE LOT 12, BLK. 7, A.V. 4TH ADDN. MORNINGVIEW 6TH PLAT, AGREEMENT, BLDG. PERMITS & VARIANCE _ MOTION: of Overgard, seconde a Tai a sting the final plat and de- THE OAKS OF A.V. velopment agreement for The Oaks of Apple Valley subdivision and PLAT & AGREEMENT authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. oAM t �" ✓ p / PLEASE SIGN IN (PRINT ALL INFORMATION) NAME , PLANNING COMMISSION MEETING SIGN-IN SHEET October 3, 2012 s/planning/PLANCOMM/Misc/PC Meeting Sign-in Sheet ADDRESS/BUSINESS NAME ) 1 :35 1 C-71 „ PHONE cYf TH EE KWIK T IP Petition For: • Replat of two existing lots in one lot • Amendments to existing motor fuel sales, car wash, and outdoor display conditional use permits • Site plan/building permit authorization to allow for construction of a 5,764 sq. ft. convenience store, 1,879 sq. ft. attached car wash bay, and 4,800 sq. ft. fuel canopy 145TH STREET KWIK TRIP LOCATION MAP 10/4/2012 1 145TH STREET KINK TRIP STORE COMPREHENSIVE PLAN DESIGNATION 145TH STREET' KK TRIP STORE ZONING MAP (tad Rusin 10/4/2012 2 it PLAT ot DRIP406 10/4/2012 3 KVVIK TRIP RN V a LC EXISTING CONDITIONS 10/4/2012 4 OUTDOOR DISPLAY LOCATIONS SITE PLAN 10/4/2012 5 GRADING PLAN 10/4/2012 6 LANDSCAPING PLAN BUILDING ELEVATIONS • • - 4111WMOlik.. 1 7 FUEL CANOPY ELEVATIONS 10 8 Greater Midwest Fundraising Outdoor Vehicle Storage Interim Use Permit App VaIIey Presentation to Planning Commission October 3, 2012 Mitetta 4 flag7P — '4MA4, 10/3/2012 1 1 S Greater Midwest Fundraising Comprehensive Plan Map "C" (Commercial) ttttttwztt,isti 4A 6 Iftgittftttl UMEMENNWMMEMMEMMU SI TE Greater Midwest Fundraising Zoning Map "RB" (Retail Business) (Does not allow for outdoor storage) tts 10/3/2012 2 2 • • •••-, • - • ' Greater Midwest Fundraising Surrounding Properties Proposed Location of Vehicles Ate 10/3/2012 3 Interim Use Permit • Permit granted by the City for a temporary use that will end on a particular date. • Permit may impose special standards or restrictions to assure that the temporary use is compatible with surrounding properties. • The Interim Use Permit will allow the City to assess the impacts of the outdoor storage of a limited number of vehicles in conjunction with an on-premise business. • If appropriate, City could amend code to allow as permanent use. Request for Interim Use Permit • Up to 4 "passenger vehicles" to be stored on the south side of the building for use by a tenant of the building for business operations. • Greater Midwest Fundraising uses delivery vans to provide products to customers. • Up to 4 delivery vans stored overnight. • "Passenger Vehicle" — no larger than 8' in height and 22' in length. Standard size van. • No other vehicles or materials will be stored outside. • Interim Use Permit would expire by 10/31/13. 10/3/2012 4 Recommended Action • Open the public hearing, receive comments, and close the hearing. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. 10/3/2012 5 Recommended on If there are no outstanding issues from the public or from the Planning Commission, the foliowing motion is recommended: • Recommend approval of an Interim Use Permit for outdoor storage ofupto four (4) passenger vehicles at76OO-l47t^ Street W.toallow Greater Midwest Fundraising to park delivery vans overnight as shown on the plans received in City offices on September 5, 2012, subject to all applicable City codes and standards, and the following conditions: a. The Interim Use Permit shall expire on October 31, 2013. b. The passenger vehicles shall be parked or stored on the south side of the building as shown on the plans. c. No equipment, products, materials, or non-passenger vehicles shall be stored outdoors anywhere on the site. 10/3/2012 6 ey P l ann i n orri y i n Oriobele 3 2012 10/3/2012 A p p V'alley Zoning Code Requirements Var ance Minimum Spaces Required Per Code Surface Spaces at 1.5 spaces /unit Garage Spaces at 1 space /unit 135 90 Total Required Parking Spaces Per Code 225 Variance! Granted April 22, 1982 Variance - 1.0 surface space /unit ( -45 surface spaces) 90 Garage Parking at 1.0 space/unit 90 Total Spaces Required After Approved Variance 180 Apple Valley 10/3/2012 2 Variance Granted April 22, 1982 Spaces Currently Available Variance - 1.0 surface space /unit 90 Surface 'Spaces Garage Spaces at 1 space /unit Total Spaces Required After Total Parking Spaces Currently Approved Variance 180 Available On Site 194 10/3/2012 Request Re�v�l -Space !Paring Lot !. Variance Request Spaces Currently Available Surface Spaces 98 Garage Spaces 96 Total Parking Spaces Currently Available On Site 194 Requested Variance to Remove Front Parking Lot (Remove 18 Spaces) -18 Remaining Parking Spaces Available On Site 176 Apple vall 10/3/2012 4 Morningview Condominiums Parking Calculation Minimum Spaces Required Per Code Surface Spaces at 13 spaces /unit Garage Spaces at 1 space /unit Total Required Parking Spaces Per Code Variance Variance Spaces Requested Parking Granted Provided ( -18 Space' +1- from Pkg Required' 4/22182 On- Site' Pkg Lcit) Requirement 135' 90 98 80 -55 90 90 -4. Space', Findings Morningview Condos received variance in 1982 allowing reduced parking to 1. 0 surface space/ un it,a reduction of 45 parking spaces. There are 194 tot 1 parking spaces currently pray d d ors- -site, 14 r spaces aver the inimurrrvariance requirement. Seventy percent (70%) of the units are 1-bedroom or studio units, so parking demand is expected to r nnain low. The 'Mornin ie nd minium development is located less than rnnile frame the Apple Valley Transit Station (VT )e The 'removal of the 18-space parking lot will decrease the arnodnt of i p rvi us surface area and increase opportunities for infiltration. The \far reducing the required spaces by 49 is four spaces more than the existing variance g anted in 1982. APP Vall ey 10/3/2012 5 10/3/2012 6