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.
Attachments: Location Map
Comprehensive Plan
Zoning Map
Kwik Trip 406 Plat
Site Plan Landscape Plan
Grading Plan Floor Plan
Storm Sewer Plan Elevation Drawings
Utility Plan
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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
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GREATER MIDWEST
FUNDRAISING IUP
COMP PLAN MAP
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GREATER MIDWEST
FUNDRAISING IUP
ZONING MAP
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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
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§ 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
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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