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Home My WebLink About12/05/2012This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF NOVEMBER 7, 2012 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Chick-fil-A Restaurant — Consideration of a condition use permit, variances, and site plan building permit authorization to allow for construction of a 4,559 sq. ft. Class II restaurant with a drive-thru. LOCATION: Southeast corner of 153rd Street West and Cedar Avenue PETITIONER: Chick-fil-A, Inc. and SVH Realty, Inc. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Approve 2013 Planning Commission Calendar B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS PLANNING COMMISSION AGENDA December 5, 2012 7:00 P.M. Apple Valley Municipal Center 7100 — 147th Street West Wednesday, December 19, 2012 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, November 21, 2012 -Site plan, variance applications due by 9:00 a.m. on Monday, December 10, 2012 7:00 P.M. Thursday, December 13, 2012 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, December 27, 2012 Regular Scheduled Meeting 7:00 P.M. Wednesday, January 16, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, December 19, 2012 -Site plan, variance applications due by 9:00 a.m. on Monday, January 7, 2013 NEXT CITY COUNCIL MEETINGS 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 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, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Tim Burke and Keith Diekmann Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate Planner Kathy Bodmer, 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 Scanlan moved, seconded by Commissioner Alwin, approving the agenda. Ayes - 4 - Nays - 0. 3. APPROVAL OF MINUTES OF OCTOBER 17, 2012. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. Commissioner Wasserman arrived at 7:01 p.m. CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES NOVEMBER 7, 2012 MOTION: Commissioner Schindler moved, seconded by Commissioner Wasserman, approving the minutes of the meeting of October 17, 2012, as written. Ayes - 3 - Nays — 0. Abstained — 2 — Melander and Schindler. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Menards-Hanson Property I.U.P. — Public hearing to consider an interim use permit to allow for crushing and temporary storage of concrete material generated from three demolished buildings on the site. LOCATION: 6055 — 150th Street West PETITIONER: Menard, Inc. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 7, 2012 Page 2 of 6 Chair Melander opened the public hearing at 7:02 p.m. City Planner Tom Lovelace stated the petitioner, requested an Interim Use Permit to allow for the crushing and temporary stockpiling of concrete resulting from the demolition of three buildings located at 6055 - 150th Street West. He said the applicant requested approval to crush the concrete from the Hanson Pipe and Products manufacturing plant, office, and shop buildings and store the crushed concrete onsite for the purpose of using the material as fill and base for a proposed new store construction project located at the southeast corner of Flagstaff Avenue and 150th Street West. Approximately 25,000 tons of concrete from the demolished buildings would be crushed on the site and they would expect to crush about 2,000 tons per day. The applicant should provide a crushing timeline. Import of material for crushing or stockpiling would be strictly prohibited. Other debris piles from the building demolition are currently on the site, which should be removed as quickly as possible and the office basement should be filled in. Several storm water drains would need to be addressed to ensure that they do not plug up from crushed material or other debris. They requested a height of 25 feet for the stockpile. Staff recommended they be allowed to operate for one year and should be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday only. No weekend work should be allowed. The permitted hours and days of operation should be applicable to all activities related to the crushing and stockpiling operations including but not limited truck hauling to and from the site. No hauling and crushing should take place when wind velocity exceeds thirty (30) miles per hour and watering to control dust onsite should occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. Noise created by the machinery used to crush the concrete should be operated in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. Issuance of interim use permit by the City shall be contingent upon the applicant providing verification from any and all applicable agencies as to whether additional approval or permitting of this interim use is necessary. If any additional approvals or permits would be required, they should be obtained prior to commencement of any crushing activity at the site. Commissioner Scanlan inquired what an acceptable height for the stockpile would be and asked if dealing with wind velocity would be better addressed at 20 to 25 mph or if watering would be enough to control dust. Mr. Lovelace answered he had not had a chance to discuss the height of the stockpile with the applicant yet and believed possibly 10 to 15 feet high would soften the appearance. He stated dust control could be monitor through the City's Code Enforcement. Commissioner Scanlan asked if street cleaning would be considered. Mr. Lovelace answered that street cleaning could be added as a condition for the IUP. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 7, 2012 Page 3 of 6 Commissioner Alwin expressed concern for the City's waterpark located north of the site and inquired if the Parks and Recreation Department had any concerns due to the one-year IUP and the noise and dust that could be created when the waterpark would be in the summer peak season. He would like to see a crushing permit put into place with guidelines. Mr. Lovelace stated they had not heard from the Parks Department and with the amount of crushing that could be done per day and stockpiled there would be minimal impact to the waterpark. Commissioner Wasserman also had concerns for the dust from the stockpile that could impact the surrounding buildings and inquired if there could be a type of protective cover or watering that would control the dust from blowing around in the neighborhoods for a year. Mr. Lovelace said staff thought if the stockpile was lower the amount of dust would be minimal. Commissioner Schindler, referring to the storm water drains, inquired how the 100' minimum from the stockpile was designated. Mr. Lovelace stated based on discussions with engineering they identified where the drains were located and any materials coming off the site would be best served with a 100' limitation as a safety precaution. Chair Melander inquired how this crushing operation differed from the sand and gravel operation that had been going on in the neighborhood for a long time. Mr. Lovelace answered that sand and gravel operations are at the base of a pit 30' — 40' below grade with a berm in place and the concrete crushing operation would start at grade level. Tom O'Neil, Menards, Inc., provided background on the request. He stated it was not realistic to demolish the Hanson buildings and haul the materials off-site when their plans were to re-use the materials across the road at a future building site. He requested the Commission waive not acting on the night of the public hearing and make a decision tonight on the 'UP. Commissioner Scanlan asked if Menards would have any objections to the concerns that were addressed in the staff report. Mr. O'Neil said they have no objections with the recommendations. Chair Melander closed the public hearing at 7:34 p.m. Motion: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the Interim Use Permit for crushing and temporary storage of concrete material generated from three demolished buildings on the site at 6055 — 150th Street West with the following conditions: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 7, 2012 Page 4 of 6 1. Debris piles currently on site from the demolition shall be removed as quickly as possible and the office basement shall be filled in. 2. The height of the stockpile shall be no more than 20 feet and the applicant shall work with City staff prior to City Council meeting to determine feasibility if there are any options for the stockpile after the crushing is complete to be a lower height while crushing operations are in process. 3. Any truck hauling to the site shall be limited to Johnny Cake Ridge Road. 4. Inlet protection devices shall be installed in all storm water drains within a minimum of 100 feet of the stockpile. 5. The Interim Use Permit shall be good for one year. 6. Hours of operation shall be limited to the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday with no weekend work. Permitted hours shall be limited to crushing and stockpiling but not limited to truck hauling of the debris to and from the site. 7. Crushing and hauling shall not occur when wind velocity exceeds thirty (30) miles per hour. 8. Watering or other dust remediation measures to control dust onsite shall occur as needed and whenever directed by the Building Official or Zoning Administrator. 9. Noise created by the machinery used to crush the concrete shall be operated in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. 10. Applicant shall obtain any additional approvals or permits required prior to commencement of any crushing activity at the site. 11. The applicant shall provide for street sweeping to the extent that excessive debris or dust is deposited on the roads as a result of the operation or transport as determined by the City Engineer. 12. The applicant shall work with the City to develop a mutual acceptable crushing timeline. 13. The applicant shall not bring in materials from off-site to be crushed or stockpiled. Ayes - 5 - Nays - 0. 6. LAND USE/ACTION ITEMS A. Consistency of Parkside Village Project TIF Plan with the Comprehensive Plan Consider resolution finding that the amendment to the "Master Development District" and "Master Development Program" for the Parkside Village Project "TIF Plan" is consistent with the Apple Valley 2030 Comprehensive Plan. Community Development Director Bruce Nordquist stated the Parkside Village development is an approximately 8-acre area located on the northeast corner of Galaxie Avenue and 153rd Street West. The Planning Commission reviewed and recommended approval of the development, which included two multiple family buildings with a total of 322 units, at its October 17, 2012, meeting. In connection with the development of the property, the property owner, IMH LLC, requested tax CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 7, 2012 Page 5 of 6 increment financing (TIF) to apply toward eligible project costs. Without assistance, the project could not proceed. One of the requirements for the use of TIF assistance is that a specific "TIF Plan" must be prepared which outlines the eligible site development/redevelopment costs which would be paid for with the pooled TIF funds. State statute requires that the activities for which TIF is used be consistent with a City's Comprehensive Plan and that the local Planning Commission must make such an administrative finding of consistency. In this case, implementation of the project would provide for development within the Central Village new housing choices and include affordable housing. Chapter 4 of the 2030 Comprehensive Plan, the land use chapter, downtown development of this type is supported. The City's Comprehensive Plan has goals of providing a variety of housing styles in a range of price points to provide "life-cycle" housing opportunities within the community. Eligible TIF activities that can be funded include the following: (a) Acquisition of land; (b) Site improvements or preparation costs; (c) Installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) Administrative costs, including the allocated cost of the City; and (e) For housing districts, construction of affordable housing. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler, adopting Resolution No. 2012-02 finding that the amendment to the "Master Development District" and "Master Development Program" for the Parkside Village Project "TIF Plan" is consistent with the Apple Valley 2030 Comprehensive Plan. Ayes - 5 - Nays - 0. 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, December 5, 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 Scanlan to adjourn the meeting at 8:07 p.m. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 7, 2012 Page 6 of 6 Respectfully Submitted, Joa Murphy, Planning Depa ment Jsistant Approved by the Apple Valley Planning Commission on Agenda Item: 5 Case Number: PC12-40-VB Staff Reviewer: Thomas Lovelace ITY OF APPLE VALLEY PROJECT SUMMA Chick-fil-A Restaurant Applicant: Chick-fil-A , Inc. and SVH Realty, Inc. Application Date: November 7, 2012 Meeting Date: December 5, 2012 Petition for: Purpose: • Conditional Use Permit • Setback Variances • Sign Variance • Site Plan/Building Authorization The applicant is requesting approval of a conditional use permit, setback variances, signage variance and site plan/building permit authorization to allow for construction of a 4,559 sq. ft. Chick-fil-A restaurant, 38- space parking lot, and drive-thru lane on one acre lot. The site is located in the southeast corner of 153 Street West and Cedar Avenue. Summary of Issues: The proposed site is part of the replat of the existing Cub Foods property that consists of the replatting of the 11.63-acre lot into a one 9.63-acre lot and two one-acre lots. The proposed restaurant would be located on the one-acre lot located in the northwest corner of the plat. Construction of the proposed restaurant will be contingent on the approval of CUB FOODS ADDITION final plat. A Class II restaurant is a conditional use within the "RB" (Retail Business) zoning district and cannot be located any closer than 1,000 feet from a residential or institutional use. This proposed restaurant will be located approximately 150 feet from the property line of a townhome development located on the west side of Cedar Avenue and 300 feet from the nearest dwelling unit in that development. Therefore, a variance would need to be approved along with a conditional use permit. Conditions appear to be similar to other Class II restaurants along CSAH 42 that have received setback variances. The site plan shows a 9 ft. x 35 ft. trash enclosure that will be located directly south the site on the Cub Foods property. Deliveries to the operation also will be made at that same general location. Generally, the City requires that all operations of a business occur on their own lot. The applicant will be receiving an easement from Supervalu that will allow them to build a trash enclosure on their property. Also, the trash enclosure area will be located just to the south of the drive-thru aisle exit and the restaurant's delivery door. The potential conflicts of these activities in one location were raised as a concern during the Planning Commission's sketch plan review. The applicant should provide information on how all these activities will work. The proposed restaurant will be located 32 feet from the west property line, which is 18 feet closer than is allowed by code. A setback variance will need to be granted to allow for the building to be located on the property as proposed. The development's foot candle measurement on their lighting plan should be taken from the new property lines. The City Engineer has reviewed the proposed grading and utility plans and his comments are included in this report. Revisions should be made to the plans per his comments. Also, the City Engineer is recommending the north curb line of the drive-thru lane be relocated outside of an existing drainage and utility the easement. The site plan indicates two menus boards for the drive-thru lanes. City code allows a maximum of one menu board shall be permitted on a parcel of land with a restaurant providing drive-up window service. A sign variance will need to be approved to allow for the two menu boards as requested. The applicant is proposing a monument sign in the northeast corner of the site. This property is part of the former Apple Valley Retail Addition and has an approved major anchor/center sign. The major anchor/center sign shall be the only freestanding sign permitted for the business or center as allowed by code. Therefore, the proposed monument sign will not be allowed. Recommended Action: 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 15350 Cedar Avenue Lot 1, Block 1, APPLE VALLEY RETAIL ADDITION "C" (Commercial) "RB" (Retail Business) Platted Grocery store 11.63 acres Flat Maintained grasses and landscaping None NORTH SOUTH EAST WEST Chick-fil-A Restaurant PROJECT REVIEW Existing Conditions Southport Centre Retail Development Comprehensive Plan Zoning/Land Use Apple Valley Transit Station Comprehensive Plan Zoning/Land Use Appliance Smart Retail Store Comprehensive Plan Zoning/Land Use Townhome Development and i itney Plaza Comprehensive Plan "MD" (Medium Density Residential/6-12 units per acre) and "C" (Commercial) Zoning/Land Use "C" (Commercial) R-1 Single Family 40,000 s.f. "MU" (Mixed Use) "PD-507" (Planned Development "C" (Commercial) "RB" (Retail Business "M-6C" (Multi-family Residential/6-12 units per acre and "PD-532" (Planned Development) Development Project Review Comprehensive Plan: The 2030 Comprehensive Plan Land Use Map designates the site "C" (Commercial). The commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts. Retail land uses will be zoned RB, SC, and PD, which allows uses according to the specific performance standards: • High quality site and architectural design and building materials are expected to be used within this land use category to promote pleasing off-site views of the development; * Development in the downtown area shall adhere to the Downtown Design Guidelines; • Landscaping shall be installed to provide aesthetic treatment of buildings and to soften parking lot areas; • Significant traffic generation during the weekday and weekends is associated with retail development. Traffic studies may be requested in conjunction with the review of large developments that have the potential to threaten the integrity of the existing and planned roadway system. Additionally, developments that lower the level of service on adjacent roadways or intersections may be required to install traffic improvements to improve the level of service to its pre-development condition if City approval is granted. * Driveway access points to the development shall be from non-local streets or those designed for primarily non-residential traffic. No direct access to County Road #42 and Cedar Avenue shall be allowed; and * Lighting is limited to parking lot and building illumination designed for employee safety. The proposed restaurant use 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. The existing use is a permitted use within the "RB" zoning district. The zoning district also allows for a variety of permitted, conditional, and accessory uses commonly associated with retail development, including Class II restaurants as a conditional use when located no closer than 1,000 feet from any residential or institutional use. The Chick-fil-A restaurant, which would be classified as a Class II restaurant, is approximately 150 feet from the property line of a townhome development located on the west side of Cedar Avenue and 300 feet from the nearest dwelling unit in that development. Therefore, a variance would need to be approved that would allow a Class II restaurant to locate closer than the minimum 1,000 feet from the residential use. It should be noted that a Class II restaurant currently exists at the northwest comer of 153 Street West and Cedar Avenue, which is approximately 200 feet from the before-mentioned townhouse development. This restaurant was constructed prior to the enactment of the of the 1,000-foot distance requirement. It should be noted that a noise wall will be constructed between the townhomes and Cedar Avenue as part of the reconstruction of the road. This will provide some screening from Cedar Avenue as well as the land uses along the east side of the roadway, including the Cub Foods property. Variances shall only be permitted when they are in harmony with the general purpose and intent of the official control and when the terms of the variance are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. Practical difficulties are described as: • The property owner proposes to use the property in a reasonable manner permitted by the ordinance. • The owner's plight is due to circumstances unique to the property not created by the owner. • The variance will not alter the locality's essential character. During the past several years the City has approved variances to allow for Class II restaurants to locate closer than 1,000 feet from a residential or institutional use. In 2010, Panda Express, a Class II restaurant located at 7735 150 Street West (CSAH 42) received a variance from the 1,000-foot distance requirement. The variance was granted due to the finding that CSAH 42 was a principal arterial road with a 160-foot right-of-way and a traffic volume of over 30,000 vehicle trips per day, which will act as a barrier and mitigate impacts generated from the Class II restaurant on the institutional and residential land uses south of CSAH 42. Variances from the 1,000-foot distance requirement were also granted in 1993 for some other Class II restaurants along CSAH 42. They include Bruegger's Bagels, Taco Bell, and Dairy Queen. Conditions appear to be similar to the before-mentioned restaurants along CSAH 42. With the addition of the barrier wall the impacts to the residential land uses along the west side of Cedar Avenue would be similarly mitigated. Site Plan: The proposed site is part of the replat of the existing Cub Foods property that consists of the replatting of the 11.6-acre lot into a one 9.63-acre lot and two one-acre lots. The proposed restaurant would be located on the one- acre lot located in the northwest corner of the plat. This proposed plat was reviewed by the Planning Commission at their August 1 and September 5 meetings and the Commission did recommend approval of the replat. The City Council, at their October 25, 2012 meeting approved 2 the preliminary plat as well as site plan/building permit authorization to allow for construction of a 7,000 sq. ft. multi- tenant retail building on Lot 3 of the preliminary plat, subject to approval and recording of the CUB FOODS ADDITION final plat. Construction of the proposed restaurant will also be contingent on the approval of CUB FOODS ADDITION final plat. Oppidan, Inc. and SVH Realty have submitted a final plat application and staff is preparing a development agreement for City Council approval in December. The site plan shows a 4,559-sq. ft. building, 38-space surface parking lot, and two drive-thru lanes that will taper into one lane on a one acre lot. The building will be located 32 feet from the west property line, which is 18 feet closer than is allowed by code. The applicant has requested a setback variance to allow for the building to be located as proposed. Their applicant has shown that the building would meet the minimum building setback if not for the recent acquisition of an additional 20 feet right-of-way for the reconstruction of Cedar Avenue. They have also noted that the proposed restaurant would be in line with the existing structures to the north (Walgreens Drug, Bakers Square, and Southport Center multi-tenant retail building), which are all set back 50 feet. The east two-thirds of the lot will be the location of the 38-space parking lot. Access to the site will be from two driveways located along the south side of the property. City code requires a minimum of one space per three customer seats. This restaurant will have 106 seats and eight-seat outdoor patio, which will require a minimum of 35 spaces. The applicant is proposing a two lane drive-thru along the north side of the property that will taper into a single lane as you proceed west and south to the pick-up window. City code requires a minimum of six stacking spaces for each lane, which the applicant has provided. Sidewalks will be extended from the site to existing sidewalks/pathways along Cedar Avenue and 153 Street West. The plan shows a 9 ft. x 35 ft. trash enclosure that will be located directly south the site on the Cub Foods property. Deliveries to the operation also will be made at that same general location. Generally, the City requires that all operations of a business occur on their own lot. SVH Realty, Inc., the owner of Lot 1 will be granting an easement to Chick-fil-A and that easement will be recorded against the property. The trash enclosure area will be located just to the south of the drive-thru aisle exit and the restaurant's delivery door. The potential conflicts of these activities in one location were raised as a concern during the Planning Commission's sketch plan review. The applicant should provide information on how all these activities will work. The north curb line of the drive-thru lane encroaches two feet into an existing drainage and utility easement and the proposed monument sign is also located within that same easement. To avoid future conflict and potential damage to the curb line during necessary maintenance of public lines the City Engineer is recommending that these items should be relocated outside of the easement. Grading and Utilities The site is currently a paved parking lot. Minimal grading to accommodate the proposed building and parking lot will be needed prior to construction. No outstanding issues have been identified. The applicant is not required to provide on-site infiltration for this site. The City has provided the necessary infiltration capacity in a regional location for this drainage district. The submitted utility plan indicates that existing utilities will be extended from the Cub property to serve the site. Storm sewer lines will be installed in the lot that will capture storm water runoff. These lines will connect into existing storm sewer lines located within the Cub Foods parking lot. Sanitary sewer service will be accessed via an existing pipeline located along the west side of the Cub Foods property. A private line will be extended eastward across the north edge of the Cub Foods parking lot to serve the lot. Finally, an individual private water service connection to Lot 1 will be made from an existing line located along the south side of 153 Street West. Because utility lines extend across multiple properties, private easements maintenance agreements will need to be executed between the owners of each property that will ensure the ongoing use. 3 The utility plan has been reviewed by the City Engineer and he has the following comments: • The means of connecting the 6" water service to the 18" water main shall be identified. Wet tapping the line is an acceptable means of making this connection. • The domestic water and fire shall be split outside the building and each shall have its own shutoff. • The common sanitary sewer line has a conflicting label as both 6" and 8" diameter. The common sanitary line shall be 8" in diameter. • The common sanitary line that connects to the public system is labeled to be "Installed by Others". Clarification as to what entity will be installing the line shall be made. • The common sanitary line that connects to the public system is indicated to have steep grade. This will result in maintenance issues for Public Works crews where the line connects to the public system. This can be addressed by reducing to minimum grade on the line and installing an outside drop at the connection point to the public system. • Storm sewer structure ST-5 appears to be designed to minimum depth. Utilizing a lower profile casting will allow for more vertical adjustability of the structure. • Street sweeping shall be provided as necessary should tracking occur. • Additional on-site erosion control measures may be required if field conditions prove erosion control is insufficient. The applicant shall apply for a Natural Resources Management Permit and a Right-of-Way permit prior to beginning construction. Landscape Plan: The submitted landscape plan identifies a wide and diverse variety of plantings. The Natural Resources Coordinator has reviewed the landscape plan and has no issues with the proposed plantings and layout. However, he did have one comment on the proposed irrigation system. In the far southwest area, irrigation is shown using spray heads to water the spruce and arborvitae trees. Irrigation should be drip-style in this area to minimize routine wetting of conifer foliage, which promotes foliage diseases caused by infectious fungi. Drip irrigation is also more effective for watering plants with foliated lower branches. Street Classifications/Accesses/Circulation: Access to site will be via drives and located in Lot 1 and the lot directly to the east. The execution of cross access easement agreements between all parties that allow for ingress and egress from all lots within the proposed Cub Foods subdivision would be part of any approval of this development project. Building Elevations: The submitted elevations show a building that will have an exterior finish consisting mainly of brick. Staff has no issues. Lighting Plan: In all districts, any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct glare from floodlights or similar sources, shall not be directed into any adjoining property or public streets, and all the source of all lights shall be hooded or controlled in some manner so as not to light adjacent property. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The City may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. In commercial and industrial areas, any light or combination of lights that cast light on any adjacent commercial or industrial property shall not exceed one foot candle as measured at the property line. The applicant has submitted a photometric plan that measures the site's lighting foot candles from the old property line along Cedar Avenue and 153r Street West. Additional right-of-way has been dedicated as part of the Cedar Avenue reconstruction project and therefore, the foot candle measurement should be taken from the new property lines. 4 Signs: The applicant has submitted a detailed sign plan for review. The elevations show signage on four sides of the building that will include a 39 sq. ft. "Chick-fil-A" sign with an additional 28 sq. ft. "THE ORIGINAL CHICKEN SANDWICH" sign on the north elevation. It appears that the proposed building signage will meet the City's sign area requirements. There is currently a major anchor/center sign for the Apple Valley Retail Addition, which encompasses the property in which the Cub Foods, Appliance Smart, and Dollar Tree stores are located. This sign received a conditional use permit (C.U.P.) in 1991, as required by City code. The proposed change to the property description of the Cub Foods property with the replatting will create two additional lots and the anchor sign will now be located on the Chick-fil-A property. Amendments to the existing C.U.P. will need be made that reflects the sign's new property description and the inclusion of signage on the sign for the two newly created lots. City code will allow Chick-fil-A 40 sq. ft. of sign area on the anchor sign. The applicant is proposing a monument sign in the northeast corner of the site. The major anchor/center sign shall be the only freestanding sign permitted for the business or center. Therefore, the proposed monument sign will not be allowed. The site plan indicates two menus boards for the drive-thru lanes. Each board will have a total sign area of 21 sq. ft. The City's sign ordinance addresses menu boards in the following manner: • A maximum of one menu board shall be permitted on a parcel of land with a restaurant providing drive-up window service. • The menu board shall be a maximum of 50 square feet in area and may be in addition to any other signs permitted by this chapter. • The menu board shall be single-sided and oriented in such a manner so that the signs provide information to the patrons using the drive-thru facility only, and do not provide supplemental advertising to pass-by traffic. • The menu board signage shall be completely enclosed within one sign area. • Order confirmation signage no greater than one square foot and incorporated into the drive-thru speaker pedestal shall not be calculated as part of the menu board signage area. Order confirmation signage greater than one square foot shall be incorporated into menu board and calculated as part of said board's sign area. A sign variance will need to be acquired to allow for two menu boards. City code states "To provide reasonable flexibility in the sign regulations, the Council may approve a variance for a sign otherwise not permitted by these regulations where an exception would not be inconsistent with the intent of the sign regulations". Granting a sign variance is subject to the following conditions: 5 • Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district. * The special conditions and circumstances do not result from the actions of the applicant. • A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations. * That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district. * The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. • Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. Finally, the applicant is proposing a pre-menu board that will be located on the south side the south drive-thru lane. The City does not allow pre-menu boards. 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: Applicant's Submittal Information Location Map Comprehensive Plan Zoning Map Existing Conditions Plan CUB FOODS ADDITION Final Plat 6 Site Plan Grading Plan Plumbing Site Plan Photometric Plan Landscape Plan Elevation Drawings Floor Plan Trash Enclosure Plan Sign Plans Illustrative landscape Plan Colored Elevation Drawings Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Tele • hone 404-765-8900 Project Description & Company Information The project is located at the southeast corner of Cedar Avenue and 153 Street on Lot 2 of the proposed Cub Food redevelopment. The project will consist of razing the existing parking lot within the parcel and constructing the proposed restaurant which will contain approximately 4,585 square feet of floor area, will be attractively landscaped, and will feature an outdoor seating area adjacent to the 153 Street frontage. A drive-thru service facility is also proposed which will feature two stacking lanes up to the order points that will merge into one lane leading up to the pickup window. Chick-fil-A has found that this drive-thru configuration increases efficiency and minimizes vehicle overflow into the parking lot. The site has been oriented to locate the building along the western property line with the playground facing 153 Avenue. This allowed us to isolate the drive thru traffic from the dine-in traffic to eliminate the need for customers accessing the building to cross over multiple drive-thru lanes. The drive-thru lanes have been laid out to provide for ample stacking both before the order boards and between the order boards and pick-up window to minimize overflow into the parking lot. The main parking field just east of the building has been designed with 60 degree parking stalls to create a one- way traffic flow scenario. Vehicular access to the proposed restaurant will be provided by two access points to the internal ring road for the Cub Foods redevelopment, which will minimize impacts to the existing public roadways. Thirty-eight off-street parking spaces will be located within the subject property which includes two handicap spaces. Chick-fil-A as company has been around for many years and their story is one that actually began 91 years ago when a man named Truett Cathy was born in 1921 in the small town of Eatonton, Georgia, about 80 miles from Atlanta, where he grew up. Truett's mom ran a boarding house, which meant she had to cook a lot of meals — but Truett helped, and he paid close attention, and picked up cooking and serving tips that would come in quite handy later. Along the way, he also learned to be quite the entrepreneur. He sold magazines door to door, delivered newspapers all over the neighborhood, and sold Coca-Colas from a stand in his front yard and all the while he was learning the importance of good customer service. After serving his country in World War II, in 1946 Truett used the business experience he gained growing up and opened his first restaurant with his brother, Ben, calling it the Dwarf Grill (later renamed the Dwarf House). Hamburgers were on the menu but, ironically, no chicken because he said it took too long to cook. Truett worked hard with that first venture, but considered Sunday to be a day of rest for himself and his employees and as you know, that's a practice that Chick-fil-A honors to this day. Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Telephone 404-765-8900 The early 60s would be a pivotal time in Truett's life. That's when he first took a boneless breast of chicken and spent the next few years experimenting until he found the perfect mix of seasonings, he breaded and cooked the filet so that it stayed juicy, put it between two buttered buns and added two pickles for extra measure and in 1963 unveiled what we now know as the Chick-fil-A Chicken Sandwich. As far as the name, Truett says it just came to him. He had it registered that year in 1963 and created a logo that has been updated but is still very similar to the original designed 50 years ago. The Chick-fil-A sandwich was a huge hit, and in 1967 Truett opened his first Chick-fil-A restaurant in an enclosed shopping mall where, up to that point, food normally wasn't sold. Frankly, the developer of the Greenbriar Shopping Center in Atlanta wasn't too keen on serving food inside his mall, but as we know that turned out to be a very smart decision on his part, and especially Truett's. Today, Truett is recognized as the pioneer in quick-service mall food. It wasn't until 1986 that Chick-fil-A opened its first "freestanding" restaurant on North Druid Hills Road in Atlanta. Today there are close to 1,600 restaurants locations in 39 states and it's become so popular that people literally camp out in the parking lot the night before a grand opening of a new restaurant; they're hoping to be one of the first 100 people in line because they'll be rewarded with free Chick-fil-A for a year, which gives new meaning to the phrase "happy campers!" Chick-fil-A is now the largest quick-service chicken restaurant and one of the largest that's privately-held. Three generations of Cathy family members are involved in the business, including Truett (CEO), his sons Dan (the president and COO) and Bubba (senior VP) and now, his grandchildren. Our Food There are a lot of things people say they like about Chick-fil-A, but it all begins with the food, and especially the Original Chick-fil-A Chicken Sandwich. It was a significant product innovation, and it remains our best-selling item on the menu. Our innovations didn't stop with the chicken sandwich. In 1982, we were the first restaurant to sell chicken nuggets nationally, and three years later added our trademark Waffle Potato Fries to the menu, and we still use 100% fully refined peanut oil, which is cholesterol and trans fat free. In 2010, we introduced the Chick-fil-A Spicy Chicken Sandwich. With its special blend of peppers and other seasonings, it became such a "hot" selling item that last year (2011) we introduced the Spicy Chicken Biscuit. People also like the fact that we offer a variety of menu options for those wanting foods that are lower in calories, carbs or fats, such as the Chick-fil-A Chargrilled Chicken Sandwich, entree salads and fruit cups and by the way, fruit cups are an option with our kids meals these days. In fact, Men's Health magazine named us "America's Healthiest Chain Restaurant for Kids." The high quality of our food is the number one reason people keep coming back to Chick-fil-A but there are a few more reasons — and one has four legs and is a terrible speller. Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Tele shone 404-765-8900 Serving our Customers Whenever you ask people what they like about Chick-fil-A, one of first things they say is "the service" and it's an important part of our story, because it goes back to Truett's experience as a young businessman and to the values he instilled in Chick-fil-A. We call it Second Mile Service, and it's based on the belief that if someone asks you to carry something for them one mile, you do one better and carry it for them two. It's doing those unexpected things that make people feel special. Our drive-thru has been voted "America's #1 drive-thru" for six years in a row. We do our best to ensure a quick and pleasurable experience, and might even have a nugget for the family pet when you arrive at the window. But no matter if you're being served in our restaurants, at our drive-thrus, or with an outside delivery, you can always count on our team members responding to your words of thanks with two special words of their own — "My pleasure." Chick-fil-A Philosophy & Operator/Employment Model The Company's philosophy is that their restaurants become integral parts of the communities in which they are located. Toward that end, Chick-fil-A makes scholarships available to store employees and sponsors the Winshape Foundation which supports a family of programs designed to encourage outstanding young people nationwide. The Foundation has a college program and operates a series of camps, homes, and retreats. On the local level, individual restaurant operators typically engage in community support activities such as sponsoring youth sports teams, supporting educational activities, and leadership initiatives. Finally, and in accordance with company policy, the operators and employees in each Chick-fil-A Restaurant strive for a level of customer service unequaled in the quick-service food industry. It is quite common to go into a Chick-fil-A and have your tray carried to your table, have people clear your table, and ask if they can come and refresh your beverage. Beyond the above, Chick-fil-A's operators model is very unique in the fast food industry. In their situation, the operator is part owner with Chick-fil-A. It's similar to a franchise except they usually have one location. Sometimes they have two but for the most part they have one location and what that provides is a situation where they have very competent partners with great character in the restaurants and they are involved in the community, are part of the community, and they spend a lot of time in the community. What Chick-fil-A likes to say is that their operators are in business for themselves, but not by themselves. It is very unusual for an operator to shut down and the retention rate for operators is about 98%. A typical Chick-fil-A store will employ approximately 45 permanent jobs with approximately 120 jobs created for temporary construction employment. A typical store will operate between the hours of 6:OOam to 10:30pm; Monday thru Saturday and are always closed on Sundays. 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N °� - 0 °E ° .. co ci.. : 0) 0...2 .=c= o o ( CS 2 c8 : i 1 Cn (,) 0 w u.., E 0 co 2 E < g.) 0 2013 MEETING CALENDAR AND APPLICATION DEADLINES Meetings are held on the first and third Wednesdays of each month at 7:00 p.m. at the Apple Valley Municipal Center, 7100-147 Street West APPLICATION DEADLINE for Public Hearings: Rezonings, Subdivisions, Preliminary Plats, Conditional Use Permits, Comp Plan Amendments, Interim Use Permits Wednesday, 9:00 a.m. December 19, 2012 January 9, 2013 January 23, 2013 February 6, 2013 February 20, 2013 March 6, 2013 March 20, 2013 April 3, 2013 April 17, 2013 May 8, 2013 May 22, 2013 June 19, 2013 July 10, 2013 July 24, 2013 August 7, 2013 August 21, 2013 September 4, 2013 September 18, 2013 October 9, 2013 November 6, 2013 November 20, 2013 * Odd date due to Holiday occurrence. ** Only one meeting this month. s:\Plannin4)lancomm\calendars\ 1 3 fillal.doe APPLE VALLEY PLANNING COMMISSION APPLICATION DEADLINE for Site Plan Reviews, Variances, Sketch Plans, etc. Monday, 9:00 a.m. January 7, 2013 January 28, 2013 February 11, 2013 February 25, 2013 March 11, 2013 March 25, 2013 April 8, 2013 April 22, 2013 May 6, 2013 May 28, 2013* June 10, 2013 July 8, 2013 July 29, 2013 August 12, 2013 August 26, 2013 September 9, 2013 September 23, 2013 October 7, 2013 October 28, 2013 November 25, 2013 December 9, 2013 MEETING DATE Wednesday, 7:00 p.m. January 16, 2013 February 6, 2013 February 20, 2013 March 6, 2013 Annual Mtg. March 20, 2013 April 3, 2013 April 17, 2013 May 1, 2013 May 15, 2013 June 5, 2013 June 19, 2013 July 17, 2013** August 7, 2013 August 21, 2013 September 4, 2013 September 18, 2013 October 2, 2013 October 16, 2013 November 6, 7013** December 4, 2013 December 18, 2013