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HomeMy WebLinkAbout01/16/2013 PLANNING COMMISSION AGENDA January 16, 2013 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. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF DECEMBER 5, 2012 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A.Chick-fil-A Restaurant – Consideration of a conditional use permit, variances, and site plan building permit authorization for a 4,559 sq. ft. Class II restaurant with a drive-thru. (PC12-40-VBC) LOCATION: Southeast corner of 153rd Street West and Cedar Avenue PETITIONER: Chick-fil-A, Inc. and SVH Realty, Inc. B.Leach Garage Variance 2013 – Consideration of a variance to increase the maximum size (PC12-41-V) permitted for a detached garage from 750 sq. ft. to 1,344 sq. ft. LOCATION: 8460 – 133rd Street Court PETITIONER: Thomas C. Leach 7. OTHER BUSINESS ATCF Bank Sketch Plan . – Review of a sketch plan that proposes a 2,500 sq. ft. bank building with three drive-up lanes that would be located northeast corner of an existing 8-acre lot that is currently occupied by the Mount Olivet Assembly of God Church, located at 14201 Cedar Avenue, byTCF Bank and Mount Olivet Assembly of God. B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, February 6, 2013 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, January 9, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, January 28, 2013 Wednesday, February 20, 2013 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, January 23, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, February 11, 2013 NEXT CITY COUNCIL MEETINGS Tuesday, January 24, 2013 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, February 14, 2013 Informal 5:30 P.M. 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. CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 5, 2012 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, Keith Diekmann, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Tim Burke Staff Present: Community Development Director Bruce Nordquist, City Attorney Michael Klemm, 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 Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES OF NOVEMBER 7, 2012. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of November 7, 2012, as written. Ayes - 4 - Nays – 0. Abstained – 1 – Diekmann. 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. Chair Melander opened the public hearing at 7:02 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2012 Page 2 of 4 Commissioner Schindler arrived at 7:03 p.m. Community Development Director Bruce Nordquist stated the applicant requested 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 153rd Street West and Cedar Avenue. 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 would 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. 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 would be located directly south the site on the Cub Foods property. Deliveries to the operation also would be made at that same general location. The City requires that all operations of a business occur on their own lot. The applicant would be receiving an easement from Supervalu that would allow them to build a trash enclosure on their property. The trash enclosure area would 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 proposed restaurant would be located 32 feet from the west property line, which is 18 feet closer than is allowed by code. A setback variance would 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 grading and utilities plans were reviewed. He stated the City Engineer had recommended 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 would need to be approved to allow for the two menu boards as requested. He stated the applicant is proposing a monument sign in the northeast corner of the site. The 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2012 Page 3 of 4 the business or center as allowed by code. The proposed monument sign would not be allowed. He reviewed a list of issues. Commissioner Scanlan inquired if a change should be made to the current ordinance to allow for two menu boards without the requirement for a variance. Mr. Nordquist stated it would need to be addressed separately because of the time involved in preparing an ordinance and staff would like to move forward with it as a variance to meet the application deadline. Jason Hill, Chick-fil-A, reviewed issue concerns previously outlined to include trash enclosure, drive-thru access, truck deliveries, lighting plan, curb line, menu boards and monument signage. Commissioner Alwin asked if the delivery trucks would be full size 18-wheeler trucks and what the traffic flow of the trucks would be. Mr. Hill answered that the truck deliveries would be 2 to 3 times per week and would be full sized trucks. The trucks would be scheduled to deliver in off-peak hours. He stated curb island protectors would be installed to prevent concrete breakage from the trucks driving over them. Commissioner Scanlan asked if the delivery trucks would be their own trucks or third party trucks. Mr. Hill answered they would be third party trucks. Commissioner Scanlan asked if a truck traffic overlay could be provided for the next meeting to show how the trucks would maneuver to the restaurant site. Chair Melander inquired as to the legality of the off-site trash enclosure. City Attorney Michael Klemm stated that City Code requires the trash enclosures to be located on the parcel that it is serving. If it is the City’s desire to allow the trash enclosure to be placed as shown on the site plan that issue does need to be addressed. Commissioner Scanlan stated that since the plans indicate there are 3 parking stalls over the minimum requirement he suggested removing one parking spot next to the outdoor seating and provide privacy for the outside dining area. Mr. Hill said they could consider that. Commissioner Scanlan would like to see more balanced architecture to the building. He believes the building is unique to this lot and would like to see more architectural components brought to the south side of the building as in the extensions seen on the other sides of the building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2012 Page 4 of 4 Mr. Hill stated they would see what they could do within reason so not to draw attention to it and confuse customers since the south side is the service and delivery entrance. They would review the design and see if there is something else they could do to make it more attractive. Chair Melander closed the public hearing at 7:44 p.m. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Approve 2013 Planning Commission Calendar. Community Development Director Bruce Nordquist presented the 2013 meeting calendar and application deadlines. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to approve the 2013 Planning Commission Calendar. Ayes - 6 - Nays - 0. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, December 19, 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 7:47 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on . FY OF APPLE VALLEY PROJECT SUMMARY Chick-fil-A Restaurant Agenda Item: Case Number: PC12-40-VBC 1.1111StaiTReviewer:IThoMas!ILOvelacelliimIni.... Applicant: Chick-fil-A , Inc. and SVH Realty, Inc. Date: November 7, 2012 Application Meeting Date: January 16, 2013 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, 37- 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: 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 of the site on the Cub Foods property. City code requires that trash containers be located on their own lot. Revisions should be made to relocate the trash enclosure onto the existing lot or incorporate the site of the enclosure into Lot 2. 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 by the Planning Commission. The applicant has provided 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; 6 feet from the south property line, which is 9 feet closer than allowed by code; and 31 feet from the north property line, which is 9 feet closer than allowed by code. Setback variances will need to be granted to allow for the building to be located on the property as proposed. 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 prior to issuance of a building permit. 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. Staff cannot recommend approval of a sign variance but we are recommending that code amendments be considered that would allow for a menu board for each drive-thru lane. 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. 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. Recommended Actions: If the Planning Commission concurs, staff is recommending the following actions: 1. Recommend approval of a conditional use permit (CUP) to allow for a Class II restaurant on Lot 2, Block 1, CUB FOODS 1 DITION. 2. Recommend approval of a variance to allow for a Class II restaurant to be located closer than 1,000 feet from an institutional or residential use subject to the following findings: a. The residential use is located along the west side of Cedar Avenue, an A Minor Expander road with a 150-170 foot right-of-way and a traffic volume of approximately 35,000 vehicle trips per day. b. A sound wall has been constructed along the west side of Cedar Avenue, just south of 153 Street West. c. Cedar Avenue and the sound wall will act as a barrier and mitigate impacts generated from the Class II restaurant on the residential uses located on the west side of Cedar Avenue. 3. Recommend approval of the site plan/building permit authorization to allow for a 4,559 square foot Class II restaurant on Lot 2, Block 1, CUB FOODS ADDITION in accordance with the development plans dated December 17, 2012, subject to the following conditions: a. A building setback variance shall be granted from the required 50-foot setback requirement to allow for the building to be located 32 feet from the west property line, subject to the finding that the recent acquisition of an additional 20 feet of right-of-way at the intersection Cedar Avenue and 153 Street West. b. A building setback variance shall be granted from the required 40-foot setback requirement to allow for the building to be located 31 feet from the north property line, subject to the finding that the recent acquisition of an additional 15 feet of right-of-way at the intersection Cedar Avenue and 153 Street West. c. Revisions shall be made to the south property line or building footprint to bring the building into conformance with the minimum required building setback of 15 feet from the south property line. d. The trash enclosure shall be located on the restaurant's premises in accordance with Section 50.02(A) of the Apple Valley City Code. e. A variance from Section 154.04(J)(1) shall be denied due to the finding that the proposed variance request does not meet the conditions as identified in section 154.07(F) of the Apple Valley City Code. f. The City Engineer shall approve the grading and utility plans prior to issuance of building permit, subject to the plan revisions in accordance with the City Engineer's comments contained within this report. g. Drip-style irrigation shall be utilized to water the spruce and arborvitae trees in the far southwest corner of the site. h. All onsite signage shall be in conformance with Chapter 154 of the Apple Valley City Code. 4. Recommend that the City Council direct staff to prepare amendments to Chapter 154 of the Apple Valley City Code to allow for a menu board for each drive-thru lane for a restaurant providing drive-up window service. 00 000 00 0 City of Apple Valley AGENDA ITEM : 6A Community Development Department TO: Chairperson and Planning Commission Members FROM: Tom Lovelace, City Planner DATE: January16, 2013 SUBJECT: Revised Recommendations for the Chick-fil-A Restaurant Development CASE NO.: PC12-40-VBC MEMO Attached for your consideration are revised recommendations for the Chick-fil-A restaurant development project. The revisions include additional recommendations (nos. 4 and 5), which recommend approval of the building setback variances along from the north and west property lines. REVISED RECOMMENDED ACITIONS 1. Recommend approval of a conditional use permit (CUP) to allow for a Class II restaurant on Lot 2, Block 1, CUB FOODS ADDITION. 2. Recommend approval of a variance to allow for a Class II restaurant to be located closer than 1,000 feet from an institutional or residential use subject to the following findings: a. The residential use is located along the west side of Cedar Avenue, an A Minor Expander road with a 150-170 foot right-of-way and a traffic volume of approximately 35,000 vehicle trips per day. b. A sound wall has been constructed along the west side of Cedar Avenue, just south of 153rd Street West. c. Cedar Avenue and the sound wall will act as a barrier and mitigate impacts generated from the Class II restaurant on the residential uses located on the west side of Cedar Avenue. 3. Recommend approval of the site plan/building permit authorization to allow for a 4,559 square foot Class II restaurant on Lot 2, Block 1, CUB FOODS ADDITION in accordance with the development plans dated December 17, 2012, subject to the following conditions: a. A building setback variance shall be granted from the required 50-foot setback requirement to allow for the building to be located 32 feet from the west property line, subject to the finding that the recent acquisition of an additional 20 feet of right-of-way at the intersection Cedar Avenue and 153rd Street West. b. A building setback variance shall be granted from the required 40-foot setback requirement to allow for the building to be located 31 feet from the north property line, subject to the finding that the recent acquisition of an additional 15 feet of right-of-way at the intersection Cedar Avenue and 153rd Street West. c. Revisions shall be made to the south property line or building footprint to bring the building into conformance with the minimum required building setback of 15 feet from the south property line. d. The trash enclosure shall be located on the restaurant's premises in accordance with Section 50.02(A) of the Apple Valley City Code. e. A variance from Section 154.04(J)(1) shall be denied due to the finding that the proposed variance request does not meet the conditions as identified in section 154.07(F) of the Apple Valley City Code. f. The City Engineer shall approve the grading and utility plans prior to issuance of building permit, subject to the plan revisions in accordance with the City Engineer's comments contained within this report. g. Drip-style irrigation shall be utilized to water the spruce and arborvitae trees in the far southwest corner of the site. h. All onsite signage shall be in conformance with Chapter 154 of the Apple Valley City Code. 4. Recommend approval a building setback variance from the required 50-foot setback requirement to allow for the building to be located 32 feet from the west property line, subject to the finding that the recent acquisition of an additional 20 feet of right-of-way at the intersection Cedar Avenue and 153rd Street West. 5. Recommend approval a building setback variance from the required 40-foot setback requirement to allow for the building to be located 31 feet from the north property line, subject to the finding that the recent acquisition of an additional 15 feet of right-of-way at the intersection Cedar Avenue and 153rd Street West. 6. Recommend that the City Council direct staff to prepare amendments to Chapter 154 of the Apple Valley City Code to allow for a menu board for each drive-thru lane for a restaurant providing drive-up window service. 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 2, Block 1, CUB FOODS ADDITION "C" (Commercial) "RB" (Retail Business) Platted Surface parking lot 43,498 sq. ft. (.99 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 Cub Foods Grocery Store Comprehensive Plan Zoning/Land Use Future 7,000 sq. ft. Multi-Tenant Retail Building Comprehensive Plan Zoning/Land Use Townhome Development Zoning/Land Use "C" (Commercial) R-1 Single Family 40,000 s.f. "C" (Commercial) "RB" (Retail Business) "C" (Commercial) "RB" (Retail Business Comprehensive Plan "MD" (Medium Density Residential/6-12 units per acre) "M-6C" (Multi-family Residential/6-1 2 units per acre 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 corner 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 comer 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. The final plat was approved by the City Council at their December 27, 2012, meeting. The site plan shows a 4,559-sq. ft. building, 37-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; 6 feet from the south property line, which is 9 feet closer than allowed by code; and 31 feet from the north property line, which is 9 feet closer than allowed by code. Building setback variances need to be approved to allow for the building to be located as proposed. The building would meet the minimum building setbacks along Cedar Avenue and 153 Street West if not for the recent acquisition of an additional right-of-way for the reconstruction of Cedar Avenue. Although this additional right-of-way could be used for roadway expansion it will be used to construct an intersection monument. Also, it should be noted that the proposed restaurant would be in alignment 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 from the Cedar Avenue right-of-way. With regard to the proposed building setback along the south property line, which is propose to be located 9 feet closer than what is allowed by code, staff does not believe that the applicant has demonstrated a practical difficulty that would support the City granted a setback variance. Therefore, modifications shall be made to the building or property line to bring the building into conformance. No public hearing is necessary for changing a property boundary line as long as both parcels are owned by the same person/entity, but the parcels would need to be re-platted. The new plat could go directly to City Council for action. The east two-thirds of the lot will be the location of the 37-space parking lot, which is one less space than what was originally proposed. 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 inside and an outdoor patio with three four-seat tables. The outdoor patio area has been revised and now allows for an additional table than what was previously shown on the originally submitted plans. The proposed seating requires a minimum of 36 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 153rd Street West. The plan shows a 9 ft. x 35 ft. (315 sq. ft.) trash enclosure that will be located directly south of the site on the Cub Foods property. 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. City Code requires that all operations shall have sufficient refuse containers on their property. This would require that the trash enclosure be placed on the Lot 2 or a variance will need to be granted. The site, as designed by the applicant does not lend itself to providing an adequate site for a trash enclosure. However, staff does not believe that would constitute a "practical difficulty" in which to grant a variance. Therefore, staff is recommending that the area on Lot 1 of the CUB FOODS ADDITION be incorporated into Lot 2 by means of reconfiguring the south property line. The trash enclosure area will be located just to the south of the drive-thru aisle exit and the restaurant's delivery door. Concerns with the potential conflicts of these activities in one location were raised by the Planning Commission. The Commission asked the applicant to provide information on how all these activities will work. The applicant has submitted an auto-turn plan that shows the route delivery vehicles will make. Staff has reviewed this and has no issues. 3 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 suggested that the drive-thru lanes be moved out of the easement. The applicant has opted to keep the drive-thru lane in the easement with the understanding that if the City needs to remove any curb or pavement to access the utilities within the easement, replacement will be at the property owner's expense. As to the proposed monument sign, this center currently has a major anchor/center sign. This is the only freestanding sign permitted for the business or center. Therefore, the proposed monument sign will not be allowed. 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. 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. 4 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 had no issues. Commissioner Scanlan requested that more architectural components be added to the south elevation similar to the other three sides of the building. The applicant has added a metal canopy over the door on the south side. 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 original photometric plan measured the site's lighting foot candles from the old property line along Cedar Avenue and 153 Street West. Additional right-of-way has been dedicated as part of the Cedar Avenue reconstruction project and therefore, staff recommended the foot candle measurement should be taken from the new property lines. A revised plan has been submitted that shows a foot candle measurement along the north and west property lines that is in conformance with City Code. 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 comer 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 5 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: • 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. It does not appear that the proposed request for two menu boards meet the conditions set forth that would allow the City to approve a variance. Staff has surveyed other communities to see how they address multiple menu boards. The communities surveyed included Bloomington, Burnsville, Lakeville, and Rosemount, who all would allow for a menu board for each drive-thru lane. Lakeville recently had a new fast food restaurant constructed and an existing one remodeled and Rosemount has had a recent remodeling done. In all cases the owner requested and was approved for two drive- thru lanes, which appears to be the current norm. Based on this information, the Planning Commission may want to request that the City Council direct staff to look at possible ordinance amendments to allow for a menu board for each drive-thru lane. 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: The public hearing was held at the December 5, 2012, Planning Commission meeting. No comments were received from the public 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 Auto-tum Plan Grading Plan Plumbing Site Plan Photometric Plan Landscape Plan Elevation Drawings Floor Plan Trash Enclosure Plan Sign Plans Illustrative Landscape Plan Illustrative Elevation Drawings Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Telephone 404-765-8900 1 Pro"ect Descri tion & Com an 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 Tele 'hone 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 hone 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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JaS J - a" n e',` , ��'w^. � uY(' i °8p•�o y '��: �v� $� ae a n q� sc.,rr.. .�.5 "xfKR / �. .• � � 4as'2:::g�`a` „J y/'' N Slssri4J'hk : , w } � m q %;%fit :e% `r'Oa.waR $°,'ro 5'r: t v'51r /J�#i 4h S , Rv �s 3�� r gw fwz4r. n °4 jf %� / /1r�Ilr�1 'IfI11111 %if * ZI z 0 01 7) „rancsj p. ¢, f a /i r r t it % ////2!!1 " %'ifi Z W 0 0 48:1 04 uaJfi},; i gilfi z Z 0 o �o is m cri E E ca c C N N P Z3 = a. E 4 8 tO to CO 0 CI U LL LIJ 0 00 0-) z ,„„. co tz Tti 0 0 0 z Leach Garage Variance 2013 Agenda Item: 6B Case Number: PC12-41-V Staff Reviewer: Kathy Bodmer Applicant: Thomas C. Leach, MD Application Date: January 4, 2013 Meeting Date: January 16, 2013 Petition for: Summary of Issues: Thomas C. Leach, MD, owns the property at 8460 — 133 Street Court, and requests a variance in order to construct a 28' x 48' (1,344 sq. ft.) detached garage. Dr. Leach's property is a 3.3-acre parcel located in the Chateau Estates subdivision. The home is located 172' from the front property line and is served by a long driveway. The driveway is circular in front of the garage with a center landscaped area. The home has a foundation of 2,199 sq. ft. and a 3-stall attached garage that is 26' by 45' or 1,170 sq. ft. The Zoning Code states that properties in the "R" zoning districts may have one attached and one detached garage. The maximum size allowed for a detached garage is 750 sq. ft. and 16' in height. Dr. Leach estimates that he maintains approximately two acres of lawn on his 3.3-acre parcel. As a result, he has several pieces of equipment he currently stores inside a trailer which he parks on the driveway. He wishes to construct a detached garage which would allow him to store all of his equipment inside a building. His letter of December 7, 2012, lists several pieces of landscape maintenance equipment which include two Bobcats, two Polaris ATVs, a large lawn mower, a John Deere utility tractor, two full-sized 4-door pickup trucks, and an SUV passenger vehicle. At this time, he is not able to store these items in the existing attached 3-stall garage. As a result, he states that he needs a garage this is larger than 750 sq. ft. in order to store all of his equipment, thus the request for a variance for the 1,344 sq. ft. building. The petitioner has worked with staff for a couple of weeks in order to find a suitable location for the garage. His first plan set showed the placement of the building behind the house ("Site 1"). However, the petitioner found that he would need to do grading and fill work in order to make the location suitable for a garage. So, he opted to place the garage in the front yard instead ("Site 2"). The second location would have been for a smaller building (996 sq. ft.) and would have used the existing driveway, but would have required a setback variance of 15' and resulted in the placement of the garage 5' from the side property line. Staff expressed concern that the side yard variance was not in keeping with the overall character of the neighborhood, would negatively impact adjacent properties, and that the location behind the house was preferable. Issue with Site 2 — Location of Building: While the code allows placement of an accessory building in the front yard if it is larger than 120 sq. ft., the building would have been 65' in front of the house. Staff was concerned that the requested placement of the building five feet from the side property line would negatively impact adjacent properties and would not be consistent with the character of the neighborhood. So, the petitioner went back to the location he first proposed in December (Site 1). Issue with Site 1 — Size of Building: The issue regarding the variance for the 1,344 sq. ft. building at Site 1 is related to the requested size of the garage. When the size of the existing attached garage is added to the size of the requested garage, the result is a total area of garage of 2,514 square feet on the property, which exceeds the footprint of the home by 315 sq. ft. The issue is that the garage is to be "accessory" to the main use of the property, which is a single family home. When the square footage of garage space exceeds the square footage of the footprint of the home, the garage is no longer an "accessory use." Staff reviewed the records of previously considered variance applications and found that since 1991, approximately 24 variance applications have been reviewed related to garages. Of those, only three have dealt with a request for a detached garage larger than 750 sq. ft. In all three cases, the petitioners' properties were located in the "R-1" zoning district with one request considered in 1992, one in 1993, and the third last fall in 2012. The largest building granted a variance was 1,200 sq. ft. on a 7-acre parcel up on the northeast corner of the City on 120t1 West. The petitioner cites the variance granted to his neighbor in 2012 as justification for his variance request. The Holsten variance was reviewed by the Planning Commission at its September 19, 2012, meeting. The findings were that the existing garage was a somewhat under-sized two-stall tuck-under garage at 22' x 22' that had been converted to a temporary seasonal space. The floor had been tiled, the walls finished, a dining room light fixture had been installed, and the space was being used in connection with the backyard pool, not for storage or garage space. The City approved a variance for a 1,008 sq. ft. detached garage which was located in the front of the home, but well-screened from neighboring properties and the street. Each variance request must be evaluated based on the specific facts of the specific property in question and the facts of the Leach property are unlike the Holsten property. In the Leach case, the petitioner's existing 3-stall garage is still functioning as a garage, but is being used primarily for storage which does not allow for the parking of vehicles or storage of landscape maintenance equipment. The existing Leach garage is not being used for living space. The petitioner states that the detached garage is needed for storage of equipment which, because of the size of the property, may be seen as a somewhat unique circumstance. However, the plight of the applicant is primarily due to the fact that the petitioner wishes to store three large passenger vehicles and six pieces of landscape equipment which is a circumstance clearly created by the applicant. Definition of "Practical difficulties," as used in connection with the granting of the variance, is defined "Practical as: Difficulties" • The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; • 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. Findings for a In order to grant a variance, the City considers the following factors to determine whether Variance: the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. The granting of the proposed variance will not be contrary to the intent of this chapter; 3. The special conditions or circumstances do not result from the actions of the owner/applicant; 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. Recommended The Staff reviews variance applications based strictly upon the requirements of the State Action: Statutes and the City Code that require that the petitioner establish that there are "practical difficulties" in complying with the provisions of the chapter in order for a variance to be granted, and that logical alternatives are not available to the applicant. Attachments: 1. Aerial Map 2. Zoning Map 3. Site Plan w/Site 1 and Site 2 4. Aerial View, Leaf-Off 5. Oblique View of Property 6. Oblique View #2 7. Petitioner Letter January 4, 2013 8. Site Plan 9. Elevation Drawing 10. Floor Plan 1L Petitioner Letter December 7, 2012 12. Dakota County Tax Information 13. Department of Veteran Affairs re: Disability 14. Photo of Holsten Detached Garage 15. Aerial View 16. Floor Plan 1,344 sq. ft. garage 17. Elevation 1,344 sq. ft. garage 18. Lot Survey 1977 19. Property Boundary Survey 2012 20. Site Plan 1,344 sq. ft. Garage behind House 21. Detail Drawing of Site Plan Based on the facts presented and the issues discussed above, Staff finds that the practical difficulties test has not been met in this case and therefore recommends that the variance for a 1,344 sq. ft. detached garage be denied. 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 8460 — 133 Court (Note: City records show the street name as 133id Court. The owner uses 133 Street Court.) Lot 23, Block 1, Chateau Estates LD-Low Density Residential (0-6 units/acre) R-1 Single Family 40,000 s.f. Platted lot. Single family residential property. 3.3 acres. Rolling. Heavily wooded in rear yard. N/A. NORTH SOUTH EAST WEST Leach Garage Variance 2013 PROJECT REVIEW Lot 22, Chateau Estates Comprehensive Plan Zoning/Land Use Lot 24, Chateau Estates Comprehensive Plan Zoning/Land Use Lots 1 & 2, Block 1 Heritage Hills 8 Addn and Lot 4, Block 2 Heritage Hills 6 Addn Comprehensive Plan Zoning/Land Use Lot 1, Chateau Estates Comprehensive Plan Zoning/Land Use LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre) R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre) R-3 Single Family 11,000 s.f. R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre Previously Considered Detached Garage Size Variances: Staff reviewed the records of previously considered variance applications and found that since 1991, approximately 24 variance applications have been reviewed related to garages. Of those, only three have dealt with a request for a detached garage larger than 750 sq. ft. as shown below: Garage Size Approval Date Owner Property Address Tighe Beckman Holsten Leach 13651 Pilot Knob Road 4875 — 120 St W 8488-133 Street W. 8460 — 133 Court 3.5 acres 7 acres 1.3 acres 3.3 acres 2 Size 896 sf 1,200 1,008 1,344 7/9/92 8/19/93 9/27/12 Pending :1,74 fig 0,5 kiews-i " • " " " map :: %'e::4 :'ii %' <': �.:!fi�:i•1:: � bin: "' #,; =.. %'•;:3Yi .. ...... �:'�Y�..�:: ,... . , s. >x _..., rFj �: ;j,'f: :t r:�C,n4ygSC�. ?.r`q'n;r''.... . "�''. January 4, 2013 Apple Valley Planning Commission Municipal Center 7100 147 Street West Apple Valley, MN 55124 To Whom It May Concern: THOMAS C. LEACH, M.D. The purpose of this letter is to apply for a variance regarding the square footage and side lot setback for a residential unattached accessory garage at our residence home of 33 years. Our address is 8460 133 Street Court, Apply Valley, MN 55124. The corresponding p operty ID is 01- 17000-01-230, Chateau Estates, Lot 23, and Block 1. Lot 23 area is 3.33 acres or 145,136 square feet. We previously applied for a variance for garage square footage on December 10, 2012. We selected an area in our rear yard in order to satisfy the 20 feet side lot setback since the only suitable location in our front yard could not meet the 20 feet side lot setback requirements. Kathy Bodmer of the Planning Department visited our property on December 12, 2012. Enclosed is a letter from Kathy Bodmer, labeled as Exhibit A, regarding that site visit and is self-explanatory. During that visit, we did inspect a desirable area for an accessory garage in our front yard located adjacent to our existing driveway. I believe Kathy Bodmer and I agreed that I would need a variance for side lot setback regarding this site and she stated I should have my surveyor return to our property in order to show on a lot survey the location of the adjacent driveway in relation to the proposed accessory garage. Kathy Bodmer then informed me to keep the square footage of the accessory garage under 1000 square feet since I would also need a variance for a decreased side lot setback. I should state that my request for a variance for increased square footage for an accessory garage was 1344 square feet on my December 10, 2012 application with said reasons stated in that application. I then contacted my surveyor, Tom O'Meara of Bohlen Survey. He later informed me that he contacted Kathy Bodmer by telephone to inquire exactly what his surveying work should consist of regarding the front yard site. I should mention that the selected front yard site is the only suitable location for an accessory garage since the other locations have a pronounced up-slope grade to the north from the paved driveway. Exhibit B is a survey of the proposed site showing the proposed accessory garage with an area of 996 square feet in relation to the existing paved driveway, the southerly lot border and the paved street of 133 Street Court which is 107 feet to the west as is shown on the survey. Two 11" x 17" and one 8 W' x 11" copies of this Exhibit are attached and scaled to 1" = 60' and 1" = 100' respectively. Note that the surveyor had to locate the foundation of the proposed accessory garage 5 feet from the lot line in order to provide ingress and egress from the accessory garage. The distance from the garage doors to the edge of the northerly driveway pavement is only 24 feet making for limited back up space when entering or leaving the garage. Therefore, a variance for a 5 foot side lot setback is necessary. At the 8460 133RD STREET APPLE VALLEY, MINNESOTA 55124 TELEPHONE (952) 431-0600 northerly edge of this 24 feet distance referred to above is the turnaround circle which contains public PVC sewer vent tubes at the surface and underground high voltage electrical wires and is therefore unavailable for a driveway. This turnaround circle is visible on the overhead picture as was shown on Exhibit 4 in my December 10, 2012 variance application. Exhibit C consists of a separate page for the floor plan and a separate page for the front elevation plan, scaled at 114 = 1' for the 11" x 17" reductions. Two 11" x 17" and one 81/2" x 11" copies are attached. Finally, because of my service connected 100 percent total and permanent disability incurred during the Persian Gulf War era, as is shown on a letter from the Veteran's Administration dated December 4, 2003 and enclosed for reference as Exhibit D, my requirement for various motorized vehicles to assist me in the routine maintenance of our 3.33 acres is necessary that otherwise would be unnecessary if not for my disability, and secondly, my need for increased garage space to store said motorized vehicles is therefore also necessary. Submitted by, Thomas C. Leach, MD Attachments: Exhibits A, B, C and D (N A I r%I I iri, - 1N \J I .IVV V 0 0 0 w 0 w Q o • LJ I '.�.� ( ••, -1 I LJ 1 1 _ S v 1 1 1 1 1 J \ V1 1(J_J1 1 (tvid) n�sr,w oox CLY Id) 00'999 •SVaTAI) taasslo001•I ('sv }) 1L"99k l ('-1 1ILJ �cw1 t\ - 1 LJ '_: �IFI 1 J J v .z LJ 1 C4 10 1 \ f 1\ Iv 1 a) co "5 0 0 ® d J Z W Q Z W W J ® F- (o < 2 Z W Z F- ° O CM CO LO `` Li) c0) � Z �� = c\i : o h. u o U) (c) t c x o - 2 co Z CL \ \ L5'fi9Z ,-, i cn h N L W Q H 0 0 .-4 0' c 00'42 a 0042 0 ) 0 7 , 0 f.7Y 0I 0 ra to 4 $1 C4 Z (7) s ,..,1 , 11 ,.., December 7, 2012 Apple Valley Planning Commission Municipal Center 7100 147 Street West Apple Valley, MN 55124 To Whom It May Concern: THOMAS C. LEACH, M.D. The purpose of this letter is to apply for a variance regarding the square footage of a residential unattached accessory garage at our residence of 33 years. Our address is 8460 133 Street Court, Apple Valley, MN 55124. The corresponding property ID is 01- 17000-01-230, Chateau Estates, Lot 23, and Block 1. Lot 23 area is 3.33acres. See Exhibit #1, which is a Property Card for Lot 23 and consists of two 8 11" copies. Several months ago, we considered obtaining a permit for a 750 square foot unattached garage which we understand is the maximum size allowed without a variance. However, after carefully analyzing the amount of square footage we would need to garage most of our motorized vehicles that are presently occupying our driveway, we concluded those 750 square feet would be inadequate. First, I should mention that we have never used our attached garage for passenger vehicles. After moving to our residence 33 years ago, we began to use our garage for the storage of many furnishings and also for the placement of several freezers and a second refrigerator since our main kitchen is relatively small. Secondly, our lot is relatively large and consists of 3.33 acres or 145,136 square feet. Approximately 4 years ago we started to remove Buckthorn trees from our property to the extent that we presently do not have one Buckthorn tree left. Following the removal of the Buckthorn trees, we hauled in multiple truckloads of black dirt and planted grass seed to the extent that we mow, water and maintain over 2 acres of grass in addition to maintaining several hundred white oak and cherry trees. In this regard, our city water bill for 3 months this past summer was $471.00 mostly due to watering our grass. Furthermore, because of my military connected physical disabilities incurred during the Persian Gulf War era, we have had to acquire a sizable number of motorized vehicles for all aspects regarding maintenance of our property since I am unable to perform very little physical work. Incidentally, as a result of my disabilities the Veterans Administration has rated me as being 100 percent totally and permanently disabled. See Exhibit #2. Thirdly, our driveways total more than 475 feet in length and we have therefore acquired a Bobcat with a hydraulic snow blower. In this regard, I will itemize the various motorized vehicles we presently own that are parked on various parts of our asphalt driveway. These vehicles are in addition to the myriad of gardening and lawn accessories including a Honda self-propelled lawn mower which occupy a portion of our attached garage. 1 8460 133RD STREET APPLE VALLEY, MINNESOTA 55124 TELEPHONE (952) 431-0600 1. #2 full size 4 -door pickup trucks, length 20 % feet each. 2. SUV passenger vehicle, length 16 feet. 3. Bobcat T5600 with loader, length 15 feet. 4. Bobcat with hydraulic operated snow blower, length 12 feet. 5. Kubota commercial 60 inch zero turn lawn mower with grass catcher, length 9 feet. 6. Polaris ATV with utility trailer, length 16 feet. 7. Polaris enclosed ATV, length 10 feet. 8. John Deere utility tractor with 62 inch mower and loader, length 13 feet. The lineal feet consumed by the above eight motorized vehicles amounts to 132 feet. We have calculated that the size of the garage we are seeking to construct would have room for all of the above motorized vehicles except for the two full size pickup trucks which we intend to leave in the driveway. Regarding our requested square footage of our proposed accessory unattached garage, our friend and neighbor, Milo Holsten of 8488 133 Street West, informed us he received a variance permit several months ago for an accessory unattached garage measuring 36' x 28' or 1008 square feet. His lot is 1.3 acres or 56,681 square feet and, as stated above, our lot is 3.33 acres or 145,136 square feet or approximately 250 percent larger than Mr. Holster's lot. Secondly, Mr. Holsten informed us that he needed a large accessory garage since he voluntarily chose to use his attached garage for storage and for changing clothes prior to using his backyard pool similarly as we chose to use our attached garage for storage and for the occupancy of several kitchen appliances. His garage is a beautiful structure as is shown on Exhibit #3 which consists of one 4" x 6" photograph. We have proposed our accessory garage be located approximately 299 +7- feet from 133 Street Court, 20 feet minimum from the southerly lot line and approximately 171+/- feet from the easterly or rear lot line as is illustrated in Exhibit #4. (2 copies 8 %" x 11 ") This Exhibit shows the approximate location of our proposed garage in relation to the 20 feet setback line for the foundation, our home which is approximately 58 +/- feet from proposed garage, our driveway, the 10' x 125' strip (shaded gray) south of our driveway where we are planning on planting eight 10' high Colorado blue spruce trees and our neighbor's home to the south. Due to the topography of our lot, we believe that most of the proposed garage and its roof will be difficult to see from the street due to the large oak trees and the spruce trees we will be planting. We are therefore requesting a variance to construct an accessory unattached garage with a foundation size of 48' x 28' or 1344 square feet with a maximum height of less than 16', consisting of two 18' wide by 8' high garage doors and two 3' wide side entrance doors. Compared to Mr. Holsten's garage, our proposed garage is 12' longer, the same width, with the main difference being two 18' wide overhead doors whereas Mr. Holsten's garage has one 18' and one 9' wide door. Our proposed garage will consist of wood framing, either Smart or other composite siding that complements our home and asphalt shingles. Utilities to said garage will be trenched from the north side of our home as this is the location they enter our home from the street. Please refer to Exhibit #5, which consists of a separate page for the floor plan and a second page for the front elevation plan, scaled at %" = 1' for the 11" x 17" reductions. This Exhibit and all following Exhibits, except as hereafter noted, shall consist of two copies of an 11" x 17" reduction and one copy of an 8 /z" x 11" reduction. Exhibit #6 is a Certificate of Survey obtained from the Apple Valley, MN Planning Office which shows the location and elevations of our home on lot 23 and is dated January 29, 1977. Two 8 x 11" copies are enclosed. 2 Exhibit #7 is a Certificate of Survey dated December 7, 2012 which shows the dimensions of the four boundary sides, location and width of the drainage and utility easements. Both 8 Y2 x 11" and 11"x 17" surveys are scaled to 1" = 100' and 1" = 60' respectively. Exhibit #8 is a Certificate of Survey dated December 7, 2012 and is identical to Exhibit #7 except that this Exhibit shows details in the vicinity of the proposed garage site including the location of the easterly and southerly sides of our home, driveway, exact location of trees and topographical survey with contour lines shown at 1' increments. Exhibit #9 is the same as Exhibit #8 except that the proposed construction site is shown in greater magnification and is scaled at 1" . 20' and 1"= 10' for the 8 x 11" and 11" x 17" drawings respectively. Surveying work was performed by Tom O'Meara of Bohlen Surveying, 1584 Cliff Road East, Burnsville, MN 55337, telephone 952-895-9212. I have had several contractors at the proposed garage site for advice, but have not yet chosen one to perform the work. Submitted by, Thomas C. Leach Enclosures: #9 Exhibits 3 Property Card wner Informat Fee Owner THOMAS C & DEANNA M LEACH MaUing Address 8460 133RD STREET CT SAINT PAUL MN 55124-9503 Last Qualified Sale Sale Value $0.00 Uses RESIDENTIAL Building Type Building Style SPLIT LEVL Frame Multiple Buildings Net Tax (payable 2012 $5,372.84 Friday, December 07, 2012 es 2012 uitditi S.FAM.RES Year Built School District Watershed District 196 BLACK DOG 2012 Land Values (payable 2013) 2012 Building Values (payable 2013) 2012 Total Values (payable 2013) 2011 Total Values (payable 2012) Parcel ID Number ter Acres It Lot and Block 23 1 Tax Description 1977 Dakota County, MN 01-17000-01-230 CHATEAU ESTATES $372,400.00 $395,500.00 roperty Tax Information Special Assessments (2012) $0.00 Disclaimer: .1\4'4-4) parr.se:;-, fk , be bUt PIC,c1rac,:y ri; riot cluarant Trors not a legal .doournerri: shca not be substitited tar taie searc:h, appraisai, SUrVey, (Dr tor zsyning vernicatioR Total Tax & Assessments (2012) $5,372.84 Page 1 of 1 aracteristics (payable Foundation So Ft 2199 Finished So Ft 3559 Garage So Ft 936 Bedrooms Bathrooms Misc. Building Other Garage M iscellaneous Jnformation Homestead Green Acres Ag Preserve Open Space NON HOMESTEAD sessor Valuatio Taxable $120,400.00 $252,000.00 Estimated $120,400.00 $252,000.00 $372,400.00 $395,500.00 DEC 0 4 2003 MR THOMAS C LEACH 8460 I33RD ST CT APPLE VALLEY MN 55124 To Whom It May Concern: This is to verify that THOMAS C. LEACH is an honorably discharged veteran of the AIR FORCE and has serviced-connected disabilities that he is rated totally and permanently disabled for. This is made in accordance with the public laws administered by the VA. Sincerely yours, K. L. ANDERSON Veterans Service Center Manager 271/337 DEPARTMENT OF VETERANS AFFAIRS Regional Office Bishop Henry Whipple Federal Building 1 Federal Drive St, Paul, NIN 55111 KA:sh In Reply Refer To: LEACH, THOMAS C. 335/271 E0v;bt 42. Leack ibiti43 ac-6 Print - Maps aps r i.bing.com Bird's eye view maps can't be printed, so another map view has been substituted. Page 1 of 1 http: / /www.bing.com/maps /print.aspx? = en -us &z= 19.191916145 19272 &s= b &cp =44... 12/05/2012 lL 8 Z HibON • 4 I 1 I HibON Os' CALVIN H. HEDLUND survey. Civil Engen•sr Sava/ors Certificate n a r:: Ne s on Lot Block 71., CHATEAU E77ATES, C or At:Tie VaiTc?::, 1:Daota curt in no t and re e v n d p 6 a nd easements as shown cn the record plat there° a c- L „ : 4 i • , 4 '1 (..' \ , _ / qtrritcArz or suRny - '...----- I hereby certify that on-- 1 /1 and that the above plit is a correct rspresentation of said survey. ,.--- a 3 i lice„,A ff_1:„..,i, ..---- 1 ,,,.!‘ ''',,i 1 surveyed the property 4 MI 1 $ 1 story, Minnesota 37 • • 4 4 a)th;bti Leac-h described above Calvin H. Hedlund, Minn. Reg. No. 594Z 0 0.1 I NI \JI-L1 'aJ V H19\ c": . \ (INN)M81001 Cm!) nit.stquali (ma) ovs9p (*SWIM IC991 . \ 1, / / 1, Int n 1 _Li 1-119 1.0 0 >- o4 co CZ - g w < z cob 0 z - 1- 2 oi "t7; c ''''' CD O C) (NI Lo 1.0 9 C CO uU in m u) 0 9 (1 ) 1:3 03 Z 0 .c co 0) . 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Summary of Comprehensive Plan: The property is guided "INS" (Institutional) in the 2030 Comprehensive Plan, which allows Issues: for public and religious facilities. Commercial uses are not permitted in this designation. Any new lot for the bank would require an amendment to the Comprehensive Plan from "INS" to "C" (Commercial). In addition to review and approval by the City, the Comprehensive Plan amendment requires review and approval by the Metropolitan Council. Zoning The property is zoned "P" (Institutional), which allows for public and religious facilities. Banks and similar commercial uses are not permitted in this zoning district. The proposed bank would require a rezoning of the new lot; staff believes a zoning designation of "LB" (Limited Business) would be appropriate given the adjacent land uses, though the TCF Bank would require a variance for building setbacks and approval of a shared parking plan. The proposed bank meets all of the requirements for the "LB" zoning district with the exception of the building setback from Cedar Avenue. However, the City is considering a BRTOD zoning ordinance that encourages development to better integrate with surrounding uses and accommodate pedestrians and alternative transit modes, rather than just autos. Subdivision: The applicant is proposing subdividing the existing 8-acre lot and creating one V2-acre lot. Because the site is adjacent to Cedar Avenue, any plat must be reviewed by the Dakota County Plat Commission. No access is shown from Cedar Avenue. Parkland dedication or cash-in-lieu of land is required for the subdivision. Site Plan: The site plan shows an approximate 2,500 sq. ft. bank with two drive-thru lanes for window service, one ATM drive-thru lane, and one bypass lane. The proposed lot is located in an unused flat corner of the existing Mt. Olivet Church lot. The proposed lot would share a driveway with Mt. Olivet Church, which intersects with 142n Street W., as well as the parking lot. Drive-thru lanes intersect with the shared driveway and there may be some concern regarding the vehicle turning movements. There is some modification to the existing driveway and a 22-foot two-way driveway is shown. This is 2 feet less than the 24 feet required by the Code for a two-lane driveway. A traffic circulation review is needed to ensure there are no conflicts between the uses. The shared driveway and parking will require the execution of cross-access easement agreement, cross-parking agreements, and a shared parking plan between Mt. Olivet Church and TCF Bank. The proposed site appears to comply with the City Code with the exception of the shared driveway and parking lot, and the proximity of the building to Cedar Avenue, which is shown as 20 feet from the property line rather than 50 feet. A stormwater infiltration area is shown on the northeast comer of the site and an underground storage area is shown in the parking lot to the southwest. The raingarden should not encroach into the Cedar Avenue Right-of-Way, which is prohibited. It appears the bank building will be constructed from face brick; additional information will be needed for all building sides. The building should have a similar appearance on all four sides, and care should be taken to ensure the building is maintenance free. Sidewalks are shown on the north and east sides of the lot, and a plaza area connects to the trail along Cedar Avenue. Dakota County must approve the encroachment into the Cedar Avenue Right-of-Way. An additional connection to the sidewalk on 142 Street may be desired to ensure the site is consistent with all BRTOD plans for the Cedar Avenue corridor. A ground sign in the plaza area in the Cedar Avenue Right-of-Way; the ground sign must be located on the property. Recommended No action is necessary. The applicant is requesting feedback from the Planning Commission regarding the Actions: Comprehensive Plan amendment, rezoning, subdivision, and site and building design. 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 14201 Cedar Avenue Lot 1, Block 1, MT. OLIVET ADDITION. "INS" (Institutional) "P" (Institutional). Platted. Site of Mt. Olivet Assembly of God Church. Mt. Olivet Church site is 8 acres; proposed TCF Bank site is approximately '/2 acre. Relatively flat. Sod. None identified NORTH SOUTH EAST WEST Development Project Review TCF BANK SKETCH PLAN PROJECT REVIEW Cedar Professional Building, Children's Learning Center, and Multi-Family dwellings Comprehensive Plan Zoning/Land Use Midway Bank and Multi-Family dwellings Comprehensive Plan Zoning/Land Use Partners in Higher Education building and Multi-Family Dwellings Comprehensive Plan Zoning/Land Use Multi-Family Dwellings Comprehensive Plan Zoning/Land Use "C" (Commercial) and "MD" (Medium Density Residential/6-12 units per acre) "LB" (Limited Business) and "M-6C" (Multiple Family Residential/6-12 units per acre) C" (Commercial) and "MD" (Medium Density ResidentiaU6- 12 units per acre) "LB" (Limited Business) and "M-6C" (Multiple Family Residential/6-12 units per acre) "INS" (Institutional) and "MD" (Medium Density Residential/6-12 units per acre) P" (Institutional) and "M-4C" (Multiple Family Residential/6-8 units per acre) "LD" (Low Density Residential/2-6 units per acre) and "MD" (Medium Density Residential/6-12 units per acre) "M-4C" (Multiple Family Residential/6-8 units per acre) and "M-6C" (Multiple Family Residential/6-12 units per acre) Comprehensive Plan: The property is guided "INS" (Institutional) in the 2030 Comprehensive Plan, which allows for civic, county, and state facilities; religious facilities, schools and other similar non-profit uses. Commercial uses are not permitted in this designation. Any new lot for the bank would require an amendment to the Comprehensive Plan from "INS" to "C" (Commercial). In addition to review and approval by the City, the Comprehensive Plan amendment requires review and approval by the Metropolitan Council. The site abuts Cedar Avenue and the METRO Red Line Bus Rapid Transit (Bus Rapid Transit) line, and is about 1/4- mile from the 140 Street Transit Station, which is a walk-up station. Several studies regarding the BRT and transit- oriented development (TOD) have been completed, the most recent of which is the "Apple Valley BRTOD Guide Plan". This guide plan encourages a "mix of land uses and densities at appropriate locations to maximize neighborhood and station connectivity in a manner that enhances a healthy and active lifestyle." Zoning: The property is zoned "P" (Institutional), which allows for public and religious facilities. Banks and similar commercial uses are not permitted in this zoning district. The proposed bank would require a rezoning of the new lot; staff believes a zoning designation of "LB" (Limited Business) would be appropriate given the adjacent land uses, though the TCF Bank would require a variance for building setbacks and approval of a shared parking plan. The proposed bank meets all of the requirements for the "LB" zoning district with the exception of the building setback from Cedar Avenue. However, the City is considering a BRTOD zoning ordinance that encourages development to better integrate with surrounding uses and accommodate pedestrians and alternative transit modes, rather than just autos. It also encourages buildings be closer to the roadway. That said, the 20 feet setback from Cedar Avenue shown on the plan will need to be discussed in greater detail because that may be too aggressive. For comparison, the proposed Chick-fil-A restaurant to be located on the Cub Foods Addition is 32 feet from Cedar Avenue. Please see the "Site Plan" section for issues related to access, parking, drainage, and similar site issues. Subdivision: The applicant is proposing a subdivision of about -acre for a 2,500 sq. ft. bank with drive-thru facilities. Because the site is adjacent to Cedar Avenue, any plat must be reviewed by the Dakota County Plat Commission. No access is shown from Cedar Avenue. Site Plan: The site plan shows an approximately 2,500 sq. ft. bank with two drive-thru lanes for window, one ATM drive-thru lane, and one bypass lane. The proposed lot is located on the southwest corner of 142 Street W. and Cedar Avenue in an unused flat corner of the existing Mt. Olivet Church lot. The bank would share an existing driveway and parking lot with the church. Drive-thru lanes intersect with the driveway and there may be some concern regarding the vehicle turning movements. The following table shows the required performance standards for the "LB" district compared to what is shown on the sketch plan. Minimum lot Area (sq. ft.) Minimum Lot Width (feet) Building Setbacks 41 • St lo (abutt West lot line North lot line (abutting 142 St.) South lot line Minimum Parking Setbacks Maximum Lot Coverage Maximum Building Height (feet) Minimum Parking Spaces Total parking spaces for church and bank "LB" District or Zoning Requirements 10,000 100 r Aven 15 30 15 20 20% 35 10 plus 6 stacking spaces for each drive-thru or ATM lane 196 plus stacking Proposed TCF Bank Plan Approx. 20,000 Approx. 110 55 40 (35 feet to trash enclosure) 62 20 13% 20 7 plus 4-5 stacking spaces for each drive-thru or ATM lane 253 plus reduced stacking The proposed lot would share a driveway with Mt. Olivet Church, which intersects with 142 Street W. This will require the execution of cross-access easement agreements between Mt. Olivet Church and TCF Bank that allow for ingress and egress on both lots. The proposed site appears to comply with the City Code with the exception of the shared driveway and parking lot, and the proximity of the building to Cedar Avenue. Also, a shared parking plan and a cross-parking easement agreement must be executed between both parties to allow for the bank. A trash enclosure is located on the north side of the proposed building, which must be constructed of the same masonry materials as the building. All mechanicals must be properly screened according to the requirements of City Code. 2 Grading Plan: The site is relatively flat, and minimal site grading is likely to be needed. A grading plan will be required. A stormwater infiltration area is shown on the northeast corner of the site and an underground storage area is shown in the parking lot to the southwest. Volume calculations will be needed so that the City can confirm that the infiltration area is sized appropriately. A Natural Resources Management Permit will be required prior to any grading activities. Elevation Drawings: It appears the bank building will be constructed from face brick; additional information will be needed for all building sides. The building should have a similar appearance on all four sides, and care should be taken to ensure the building is maintenance free. The trash enclosure must also be constructed of the same materials as the building. The building will be 20 feet tall, which complies with City Code. Landscape Plan: The zoning code requires that the costs of live landscaping materials (excluding sod) equal or exceed 2% the cost of the building materials. The applicant must supply the building costs and landscaping costs as part of the building permit application. The applicant may not be able to meet the landscaping requirements due to the size of the site and the shared parking lot. It may be necessary to add benches and other site amenities and hardscape to meet the landscaping requirements. Availability of Municipal Utilities: All utilities are available to the site, and connections are shown to the bank building. The bank must provide on-site storage for the first 'A inch of any rainfall event. A rain garden is shown on the northeast corner of the site, but it encroaches into the Cedar Avenue Right-of-Way, which is prohibited. Additional stormwater retention is provided via an underground stormwater storage. Impervious surface calculations should be supplied with the formal application for additional review by the City Engineer. Street Classifications/Accesses/Circulation: The proposed bank site shares a driveway with the church. There is some modification to the existing driveway and a 22-foot two-way driveway is shown. This is 2 feet less than the 24 feet required by the Code for a two-lane driveway. A traffic circulation review is needed to ensure there are no conflicts between the uses. The church and the proposed youth center could generate up to 1,057 vehicle trips on a Sunday, and the bank could generate up to 55 vehicle trips per day (ITE Trip Generation Manual, 8 Edition). Local streets have a design capacity of 1,000-3,000 vehicle trips per day. Pedestrian Access: Sidewalks are shown on the north and east sides of the lot, and a plaza area connects to the trail along Cedar Avenue. Dakota County must approve the encroachment into the Cedar Avenue Right-of-Way. An additional connection to the sidewalk on 142 Street may be desired to ensure the site is consistent with all BRTOD plans for the Cedar Avenue corridor. Public Safety Issues: None identified at this time. Recreation Issues: Parkland dedication or cash-in-lieu of land is required for the subdivision of the property. Signs: A ground sign is shown in the Cedar Avenue Right-of-Way, which is prohibited by both the City Code and Dakota County. Any signs associated with the proposed bank must be on the property. Signs and/or sign structures are not included in building permit authorization approval. A sign permit will be required prior to the installation of any building or ground signs. No signs, either temporary or permanent, may be installed prior to the issuance of a City permit. Public Hearing Comments: Not required for a sketch plan, but public hearings will be required for the Comprehensive Plan amendment, rezoning, and subdivision. Attachments: 1. Location Map 5. Site Plan 2. Comprehensive Plan 6. Site Plan Detail 3. Zoning Map 7, Elevation Drawings 4. Existing Conditions 8. Site Aerial 3 8. Letter from TCF Bank 9. Letter from Mt. Olivet ,! ix 1447 1ili15.411 6 kli"PmelkiLlai Ole 1.1.11i7,1 41111 v 114 jt " 1- 111111r ittrirrldrili;6141211.spilei 61,517 kor gage*:: egiNM .01,0goit MT. OLIVET CHURCH/ TCF BANK ZONING MAP EXISTING BUILDING am* ""e fitMghtim AOSTO...; 'ff,Tigx.fA Antatatih . . . . , . . . . . . , . . • . ... • • • • • Mt. Olivet Church/TCF Bank Proposal Disclaimer: Na p and parcel data are believed to be ac..curate,, but accuracy is not . guaranteed. This is 110i d legal document and should not be substituted for a title search„appraisal survey or for zoning verification. Dakota County 6.55tillieS no legal responsibility for the information contained in this data. Mdp Scait: 1 inch = 72 feet 1/9/2013 map I t SHEET: A1. 14 extg 1:'OPOSED N.T.S. 1/4v, 1 2E) ex E P 4 . 41 • co uJ 0 _ C Ic) — 7 / \ / / \ I / \ / 111111,11 - RAIN OAR EN MK OK' 0 0 0 0 UM (/) tg UNDERSROUN ER STORMHAT STORASE _AN = OPTIO SAN PROJECT #: 12103 DATE: 01-15-2011 TCF BAAIK NEW BRANCH LOCATIOIV APPLE VALLEY, MINNESOTA 5" PIP WATER SAN SAN SAN 8 PVG SANITARY new extt 0 M O 516 9300 Hennepin Town Road Minneapolis, MN. 55347 Tel: 952.278.8880 Fax: 952.278.8822 T ( www.htg-architects.corn BRICK 'A' ASPHALT 9411 Lk9}4T5- SEE ELE(. PRFFN, FASCIA- iiHrrE AC(.,ENT DOCK t --- FRONT ELEVA' u&.". 1 NT. 11,114 tor,o 515N- 5Y ION VENDOR. APP Rir.),5i-7 VEN " TO eRICK 'A-- L.-5160(5E BY 516N VENpaR *PREFIK FASCIA- NH1TE MD' N, - DECORATiVE: NALL MOUNI LIGHT SEE: ELEC. iir 2 0" ----- POLON& AroRry:, r3y • VEN004..!. 4 January 2013 Ms. Margaret M. Dykes City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: TCF Bank New Branch Bank Apple Valley, Minnesota Dear Margaret: We are pleased to present our sketch plans for development of an unused portion of the property at 14201 Cedar Avenue as a new TCF Bank branch. The existing grass area at the SW quadrant of Cedar Avenue and 142 Street is currently undeveloped. Mount Olivet Assembly of God, owner of the property has two significant buildings on the site, and has no plans for additional development along Cedar Avenue. The proposed building will be approximately 2,500 square feet, with three lanes of drive-up banking The building will be a full-service branch bank, with capacity for approximately nine employees. The building Will be constructed with two colors of brick, and large windows facing both streets. The building and site have been designed with the city's proposed Bus Rapid Transit Oriented Developrnent vision in mind. The building is not large, but will provide activity at a comer that is otherwise void of built form. The IDuilding is oriented to the street rather than the parking lot, and fronts on a gracious paved plaza connecting to the sidewalk. The drive-up is oriented away from the street, so pedestrian and bicycle traffic is segregated from cars. The building is positioned close to the street which will maximize the presence of the structure as viewed from the street. Bike racks will be provided to encourage bicycle traffic. We are excited to bring this new building to the city of Apple Valley in a way that is both safe and convenient for the community. If you have any questions or comments regarding any part of this submittal, please feel free to call. I look forward to continuing to work with you on this project. Michael F. Kraft Partner HTG Architects PC: Dave Nelson, TCF Bank MINNEAPOLIS PHOENIX RONIAIRW., HTG ARCHITECTS 9300 Hennepin Town Road Minneapolis MN 55347 (952) 278-8880 htg-architeetscom TAMPA ant of 1V1oun vet Assembly hod's property at 14201 a t on h spir l interests at the heart of t. he iss n Regarding the use and developm Cedar le Valley Whereas being a non-profit corpo development and ministry, and Wh eas Mt Olivet has enjoyed the blessings deve opzng said property, and Whereas the opportunity to use the sale of a portion of said property would benefit and further the interests csf ministry development on behalf of the congregation, and Whereas Mt Olivet has been approached and given an "above market" offer for a portion of property, and Whereas the voting congregation of Mt Olivet has app acre of property, be Resolved, that Mt Olivet s Board of Directors with fiduciary responsibil ved t development : t sell some of our land holdings potent. buyers on shelf of ministiy and . st buildings, and capital improvements. Submitted on behalf of the Board of Directors Mt Oliva Assembly of God: Paste Mark (bison Mount Olivet Assembly of God 14201 Cedar Avenue App leVal9ey I MN I 55124 p.952.432.4332 ! f; 452.Q32:2(}29 f www,themaunt,org resolution for sale