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Home My WebLink About03/20/2013PLANNING COMMISSION AGENDA March 20, 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 MARCH 6, 2013 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Crooked Pint Ale House Restaurant — Continue public hearing to consider conditional use permit and site planlbuilding permit authorization to allow for 5,448 sq. ft. restaurant with on-sale liquor. (PC13-10-CB) LOCATION: 15668 Pilot Knob Rd PETITIONER: DDJ Ranch Development, LLC B. PD-739 Ordinance Amendments — Public hearing to consider an amendment to PD-739 to establish area standards and requirements for Zones 3 and 4. (PC13-18-0) LOCATION: Northeast Corner of Glazier Avenue and 153rd Street W. PETITIONER: City of Apple Valley C. PD-290 Zoning Code Amendments and Conditional Use Permit for Bogart's/Apple Place Bowl — Public hearing to consider an amendment to Chapter 155 of the City Code of Ordinances to define temporary seasonal outdoor recreational facility, consider an amendment to Planned Development 290, Zone 2 to allow temporary seasonal outdoor recreational facilities as a conditional use and consider conditional use permit for temporary seasonal outdoor volleyball courts at Bogart's/Apple Place Bowl, 14917 Garrett Avenue. (PC13-14-ZC) LOCATION: 14917 Garrett Avenue PETITIONER: Rich Management, Inc. D. PD-703 Ordinance Amendments — Public hearing to consider planned development ordinance amendments to allow for driveways off streets with raised medians and single-family residential driveway widths greater than 14 feet within the street right-of-way, by the City of Apple Valley. (PC13-12-Z) LOCATION: Cobblestone Lake Area PETITIONER: City of Apple Valley 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, April 3, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, March 6, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, March 25, 2013 Wednesday, April 17, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, March 20, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, April 8, 2013 NEXT CITY COUNCIL MEETINGS Thursday, March 28, 2013 Regular Scheduled Meeting Thursday, April 11, 2013 Informal Regular Scheduled Meeting 7:00 P.M. 7:00 P.M. 7:00 P.M. 5:30 P.M. 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Staff Present: Community Development Director Bruce Nordquist, City Attorney Sharon Hills, City Planner Tom Lovelace, Planner Kathy Bodmer, 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 Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES FEBRUARY 20, 2013. Chair Melander asked if there were any changes to the minutes. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of February 20, 2013. Ayes - 5 - Nays — 0. Abstain — 1 (Wasserman) 4. ANNUAL BUSINESS MEETING CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 6, 2013 Community Development Director Bruce Nordquist acknowledged that on February 28, 2013, the City Council reappointed Commissioners Burke and Scanlan to continue to service on the Planning Commission and he congratulated them. The Commission nominated and elected officer positions amongst themselves for Chair and Vice- Chair. The officers, given only one nomination for each office, were accepted by unanimous consent under Robert's Rules of Order: MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann to nominate Thomas Melander to continue to serve as the Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 2 of 7 MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin to nominate Tim Burke to continue to serve as the Vice-Chair of the Planning Commission for one year. Ayes - 6 Nays — O. MOTION: Commissioner Alwin moved, seconded by Commissioner Wasserman to nominate Paul Scanlan to serve as Secretary. Commission Diekmann moved, seconded by Commissioner Burke to nominate David Schindler to serve as Secretary. The Department Assistant prepared ballots and the City Attorney distributed them to the Commission who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that David Schindler received the majority of votes. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke appointing David Schindler to continue to serve as Secretary of the Planning Commission for another year. Ayes - 6 - Nays — 0. Commissioner Schindler arrived at 7:07 p.m. 5. CONSENT ITEMS --NONE-- 6. PUBLIC HEARINGS A. Crooked Pint Ale House Restaurant — Public hearing to consider conditional use permit and site plan/building permit authorization to allow for 5,448 sq. ft. restaurant with on-sale liquor. (PC13-10-CB) LOCATION: 15668 Pilot Knob Rd PETITIONER: DDJ Ranch Development, LLC Chair Melander opened the public hearing at 7:08 p.m. City Planner Tom Lovelace stated a public hearing for the proposed conditional use permit was scheduled for the March 6 Planning Commission meeting. The applicant had requested that review of this project be tabled until the March 20 meeting. The City had already advertised for public hearing; therefore, the appropriate procedure would be for the Planning Commission to open the hearing and continue it until the March 20, 2013. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann continuing the public hearing to March 20, 2013. Ayes - 7 - Nays — O. B. Dog Day Getaway — Finding of similar use for dog daycare in "1-2" (General Industrial) zoning district and public hearing to consider conditional use permit to allow for outdoor pet relief area in conjunction with a dog daycare operation. (PC13-11-C) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 3 of 7 LOCATION: 14607 Felton Ct. PETITIONER: Dog Day Getaway Chair Melander opened the public hearing at 7:11 p.m. Planner Kathy Bodmer stated the owners of Dog Day Getaway would like to move their existing pet daycare business into the newly constructed Apple Valley Business Campus, expanding their business from 6,600 sf presently to approximately 9,000 sf in the new location. They are requesting consideration of zoning interpretation of "Finding of Similar Use" for dog daycare facility in an "1- 2" (General Industrial) zoning district and conditional use permit (CUP) for a 15 x 54' (810 sf) outdoor pet relief area in connection with a dog daycare facility at 14607 Felton Court. The Apple Valley Business Campus property is located within the "I-2" (General Industrial) zoning district which allows any permitted use found in the "I-1" (Limited Industrial) zoning district. The I-1 zoning district allows animal clinics as a permitted use, with outdoor pens allowed by conditional use permit. She said § 155.342 states that whenever a use is not specifically permitted or denied in a zoning district, a property owner may request a study by the City to determine whether the particular use is compatible with the zoning district in which it is proposed to be located. § 155.216 states "Within any 1-2 district, no structures or land shall be used except for one or more of the following uses, or uses deemed similar by the City Council." When a use is not specifically stated in the zoning district, the City Council may review the proposed use and the zoning district and determine whether the use is "similar" to other uses and "compatible" with the zoning district and therefore a permitted use in the zoning district. A conditional use permit was requested to construct a 15' x 54' (810 sf) outdoor pet relief area in connection with the dog daycare business. Fence options for the pet relief area were reviewed. Discussion followed. Carey Griffith Edwards, Dog Day Getaway, provided additional information. Chair Melander closed the public hearing at 7:34 p.m. 7. LAND USE/ACTION ITEMS A. Cobblestone Lake South Shore 8 Addition — Consideration of an amendment to the 2030 Comprehensive Plan Land Use Map, rezoning, and subdivision to allow for the development of 29 single-family lots and two (2) outlots on approximately 8 acres. (PC13-06-PZS) LOCATION: Northwest corner of Cobblestone Lake Parkway and Elm Creek Lane PETITIONER: South Shore Development Inc. City Planner Tom Lovelace introduced the request by South Shore Development, LLC for an amendment to the 2030 Comprehensive Plan Land Use map, rezoning, and the subdivision by plat CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 4 of 7 of two existing outlots totaling approximately 7.98 acres, located in the northwest corner of Cobblestone Lake Parkway and Elm Creek Lane. The applicant requested amendments to the 2030 Comprehensive Plan Land Use Map that would re-designate the property from "MD" (Medium Density Residential/6-12 units per acre) and "P" (Parks and Open Space) to "LD" (Low Density Residential/3-6 units per acre). The rezoning request would change the current zoning designation of "PD-703/zone 8" (Planned Development), which allows for sand and gravel mining to "PD-703/zone 2", which allows for single family dwellings as a permitted use. The final request was for approval of subdivision by plat of the Outlots H and I, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION into 29 single family lots and two (2) outlots. Access to the platted lots would be via a public street that would intersect Cobblestone Lake Parkway. The applicant proposed to incorporate approximately .25 acres of Outlot I into Lots 2-5 of the proposed 8th Addition approximately .06 acres of the existing Outlot H would be incorporated into Outlot A of the new subdivision, which the applicant would dedicate to the City for public park purposes. The applicant would be meeting with the Parks and Recreation staff regarding the proposed park land dedication changes and would present the proposed changes to the Parks and Recreation Advisory Committee at their March 7, 2013, meeting. Outlot I, COBBLESTONE LAKE COMMERCIAL 3RD ADDTION currently has a park, sidewalk, trail, drainage and utility and temporary construction easement over the property. Vacation of the easement would be necessary before any property would be incorporated into the proposed development's residential lots. Discussion followed. Jacob Fick, Shore Shore Development, provided additional information. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke recommending approval of the amendment to the 2030 Land Use Map to re-designate Outlots H and I, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from " MD " (Medium Density Residential/6 -12 units per acre) and "P" (Parks and Open Space) to "LD" (Low Density Residential/3 -6 units per acre) and "P" (Parks and Open Space) in accordance with the proposed COBBLESTONE LAKE SOUTH SHORE 8TH ADDITION preliminary plat. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke recommending approval of the rezoning of Blocks 1 and 2 and Outlot B, COBBLESTONE LAKE SOUTH SHORE 8TH ADDITION, according to the proposed preliminary plat, from Planned Development No. 703 /zone 8 to Planned Development No. 703 /zone 2; subject to the recommendation for approval of the Parks and Recreation Advisory CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 5 of 7 Committee of the transfer of property within the proposed development for park and development purposes. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke recommending approval of the rezoning of Outlot A, COBBLESTONE LAKE SOUTH SHORE 8TH ADDITION, according to the proposed preliminary plat, from Planned Development No. 703 /zone 8 to Planned Development No. 703 /zone 7; subject to the recommendation for approval by the Parks and Recreation Advisory Committee of the transfer of property within the proposed development for park and development purposes. Ayes - 7 - Nays - O. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke recommending approval of the COBBELSTONE LAKE SOUTH SHORE 8TH ADDITION preliminary plat, subject to the following: • A ten -foot drainage and utility easement shall be dedicated around the perimeter of Outlot B. • Access should be restricted from Lots 1 and 19, Block 1, Lots 1 and 10 Block 2 and Outlot B to Cobblestone Lake Parkway. • The raised median in Cobblestone Lake Parkway South shall be removed to allow for full access to and from the proposed development from the most westerly street intersection. • Approval of the vacation of the park, sidewalk, trail, drainage and utility, and temporary construction easement over Outlot I, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION prior to approval of the COBBLESTONE LAKE SOUTH SHORE 8TH ADDITION final plat. Ayes - 7 - Nays - 0. B. Home Depot Temporary Outdoor Garden Center C.U.P. — Consideration of amendments to their existing temporary outdoor garden sales conditional use permit (C.U.P.) to allow for the expansion of the temporary sales area. (PC13-07-C) LOCATION: 15101 Flagstaff Avenue PETITIONER: Home Depot U.S.A., Inc. City Planner Tom Lovelace stated the petitioner requested approval of a conditional use permit (C.U.P.) to allow for the expansion of their temporary outdoor garden sales area in the southeast comer of the parking lot, the extension of the existing temporary sales area in front of the store and the addition of bulk storage areas along the east and south side of the garden center. Planned Development No. 679 allows for "outdoor display or sales of retail goods conducted by an occupant of a shopping center or freestanding building" and "outdoor storage of goods and merchandise provided said storage is oriented and screened as required by the City Council" as conditional uses within zone 2 of the planned development. He stated the temporary selling center area would display a selection of assorted annuals, perennials, shrubs, trees and bagged soils. A wood picket fence would be used to delineate the area in the parking lot. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 6 of 7 Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin recommending approval of a condition use permit to allow for the establishment of two temporary outdoor garden sales areas; and temporary live goods bulk storage areas subject to the following conditions: • The permit shall apply to property located at 15101 Flagstaff Avenue and legally described as Lot 6, Block 1, HILLCREST ACRES. • The conditional uses shall be conducted in conformance with the approved site plan, dated March 1, 2013. • Only live plant material shall be allowed in the temporary sales areas located in the parking lot and area directly adjacent to the store. • The temporary sales area in the parking lot shall be delineated by a wood picket fence. • Material shall not be placed in the east/west vehicle lane located in front of the store. • A minimum of four (4) feet of sidewalk in the front of the garden center area shall be kept open and free of materials. • Adequate clearance to and from all service doors and enter/exit doors into the store and garden center shall be maintained in accordance to the City's building and fire codes. • The temporary sales area in the parking lot shall be allowed to operate from the second weekend in April to the second weekend in July. • The temporary sales areas located directly in front and west of the garden center from second weekend in April to the second weekend in October. • All bulk materials shall be required to be stored on pallets and that the stacking of pallets shall not be allowed. • All materials shall be kept outside of the drive lane located along the east side of the property. • Storage of live materials and bulk storage areas along the east side of the garden center shall be allowed to occur from the second weekend in March to the second weekend in July. • The bulk storage area along the south side of the garden center shall not extend past the end existing masonry screen wall located along the south side of that area and the materials shall not be stacked higher than the height of that wall. • Storage along the south side of the garden center shall be allowed from the second weekend in March to the second weekend in September. • All areas should be kept in neat, organized rows and the premises shall be kept free of trash and other debris. Ayes 7 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin directing staff to work with the applicant on possible screening options for the storage areas along the east side of the property prior to consideration by the City Council. Ayes - 7 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2013 Page 7 of 7 8. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, March 20, 2013, at 7:00 p.m. 9. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to adjourn the meeting at 8:13 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, Murphy, Planning It s epart 4i Assistant Approved by the Apple Valley Planning Commission on CITY OF APPLE VALLEY PROJECT SUMMARY NEW CROOKED PINT RESTARAUNT Agenda Item: 5A Case Number: PC13-10-CB Staff Reviewer: Thomas J. Lovelace Applicant: DDJ Ranch Development, LLC Application Date: February 1, 2013 Meeting March Date: 20, 2013 Petition for: Purpose: Summary of Issues: Attachments: • Conditional Use Permit • Site Plan/Building Permit Authorization The petitioner is requesting approval of a conditional use permit (C.U.P.) for on-sale liquor sales and site plan/building permit authorization to allow for construction of a 5,448 sq. ft. restaurant, 1,640- sq. ft. outdoor patio/bocce ball court and 64 surface parking spaces on a .88-acre lot. The property is generally located in the northeast corner of Pilot Knob Road (CSAH 31) and 157 Street West in the Cobblestone Lake Commercial development. The petitioner will need to identify a bike rack location on their plans. Revisions to the landscape plan shall be made per the Natural Resource Coordinator's comments as identified in this report at the time of submission of plans for a building permit. The sidewalk along the north side of the property will be relocated from the north side of the existing parking lot islands to the south side. A small north/south section of sidewalk should be installed from the existing pedestrian ramp located in the middle island to the new sidewalk. The applicant has not submitted a preliminary grading plan. A grading and storm drainage plan will need to be submitted and reviewed by the City Engineer prior to consideration by the City Council. A detailed planting price list shall be required for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. Location Map Comprehensive Plan Map Zoning Map Preliminary Plat Final Plat Site Plan Utility Plan Landscape Plan Floor Plan Elevations Rooftop Plan Building Perspectives Examples of Glass Enclosures Recommended Action: Open public hearing, receive comments and close the public hearing. It is the policy of the Commission to refrain from acting on an item the same night as its hearing. Because staff has not identified any outstanding issues and is not expecting any to arise during the public hearing, we are requesting that the Planning Commission act on the night of the public hearing. Therefore, if Planning Commission concurs, staff is recommending the following actions: 1. Approval of a Conditional Use Permit to allow for on-sale liquor in conjunction with a Class I restaurant for the Crooked Pint Ale House restaurant, subject to the following conditions: • The conditional use permit shall apply to property legally described as Lot 2, Block 1, COBBLESTONE L • COMMERCIAL 4 I DITION. • Such operations shall be conducted in conformance with the development plans dated February 6 and March 14, 2013, on file at the City offices. • The conditional use permit shall apply to a Class I restaurant on the legally described property and such operations shall be conducted in conformance with the floor plan dated February 4, 2013, on file at the City offices. 2. Approval of the site plan/building permit authorization to allow for construction of a 5,448 sq. ft. restaurant, 1,640-sq. ft. outdoor patio/bocce ball court and 64-space surface parking lot on Lot 2, Block 1, COBBLESTONE LAKE COMMERCIAL 4 I DITION, subject to the following conditions: • Construction shall occur in conformance with the site plan dated, February 6, 2013. • Construction shall occur in conformance with the elevation plan dated March 14, 2013. • The petitioner will need to identify a bike rack location on their plans. * A north/south section of sidewalk should be installed from the existing pedestrian ramp located in the middle island to the new sidewalk located along the north side of the property. * Revisions to the landscape plan shall be made per staff's comments as identified in this report at the time of submission of plans for a building permit. • A detailed planting price list shall be submitted for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. * A grading and storm water drainage plan shall be submitted for review and comment by the City Engineer prior to consideration by the City Council. • All applicable City ordinances shall be strictly adhered to. 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 Located along the north side of 157 Street West, just east of Pilot Knob Road (CSAH 31) Lot 2, Block 1, COBBLESTONE COMMERCIAL 4 ADDITION "C" (Commercial) "PD-703/zone 6" (Planned Development) Platted Vacant .88 acres Flat None None NORTH SOUTH EAST CROOKED PINT RESTAURANT PROJECT REVIEW Existing Conditions Cobblestone Lake Target Comprehensive Plan Zoning/Land Use Apple Valley Municipal Liquor Store No.3 Comprehensive Plan Zoning/Land Use Vacant Comprehensive Plan "C" (Commercial) "C" (Commercial) "PD-703/zone 6" (Planned Development "PD-703/zone 6" (Planned Development) WEST Zoning/Land Use Pizza Ranch Restaurant "C" (Commercial) Comprehensive Plan "C" (Commercial) "PD-703/zone 6" (Planned Development Zoning/Land Use "PD-703/zone 6" (Planned Development) Development Project Review Comprehensive Plan: The current Comprehensive Plan 2030 Land Use Map designates the site "C" (Commercial). This request would be in conformance with the existing map designation and the goals and policies of the Plan. Zoning: The site is currently zoned "PD-703/zone 6" (Planned Development) which allows for Class I, II, and III restaurants no drive-through window service allowed) as a permitted use and on-sale liquor in conjunction with a restaurant facility as a conditional use. The proposed permitted use is consistent with the current zoning and the applicant has submitted a request for approval of a conditional use permit to allow on-sale liquor. Conditional Use Permit: The applicant is requesting approval of a conditional use permit to allow for on-sale liquor as part of its restaurant operation. A conditional use is a use permitted in a zoning district that is contingent upon complying with all conditions as set forth by the approving agency, in this case the City of Apple Valley. The purpose of the CUP procedure is to determine if the proposed site has any unique characteristics which require special consideration to adequately accommodate the proposed use without adverse effects upon the surrounding uses. The proposed restaurant is located in Cobblestone Lake commercial development, whose original master plan identified this area for a restaurant with an outdoor patio. Uses on property adjacent to the site consist of a Pizza Ranch restaurant to the west, Target retail store to the north, vacant commercial/retail property to the east, and the Apple Valley Municipal Liquor Store to the south. The CDA's senior apartment building, which is located approximately 450 feet from the proposed restaurant, is the closest existing residential use. An existing commercial vacant sits between the two uses and will likely provide a buffer between the restaurant and apartment. That will also be the case for any multi-family residential uses that may be constructed on property located east of the commercial area, which has vacant retail property to be developed and an existing multi-tenant retail building that will screen any potential adverse impacts created by the proposed restaurant. Site Plan: The site plan shows a 52-ft. x 72-ft. (4,109 sq. ft.) building footprint with a 1,640-sq. ft. outdoor patio/bocce ball court, of which a portion will have a retractable glass wall and roof system, and 64 surface parking spaces on a .88-acre lot. Access to the site will be via to driveway connections from the existing Cobblestone Lake Target parking lot, via cross access agreements, and one of the two existing private drives along the east side of the property. The most northerly drive access off of the private drive will be removed with this development. No direct access from a public street is proposed. Cross access easement agreements have been also been executed with the Pizza Ranch restaurant property to the west that will allow access to and from the site via the existing driveways. City code requires that Class I and II restaurants shall provide one parking space for each 2.5 seats. The site plan shows 61 surface parking spaces for the proposed facility, which will have 149 indoor seats and 16 outdoor seats. The proposed number of onsite parking spaces meets the minimum requirement. Sidewalks currently exist along 157 Street, the private drive, and along the north side of the property. A connection will be made from the sidewalk located in front the building to the sidewalk along the west side of the private drive. During the review of the Pizza Ranch restaurant asked that a pedestrian connection be made from the sidewalk along the north side of 157 Street West and to the Pizza Ranch and the subject property. It was expected that the sidewalk would be located in the area just west of the proposed Crooked Pint restaurant. That area, unfortunately, had to be used for a storm water infiltration area and can no longer accommodate a sidewalk. A sidewalk connection has been made from 157 Street West to the parking lot of the Pizza Ranch and a sidewalk connection has been extended from the front of the proposed restaurant west to the Ranch property The sidewalk along the north side of the property will be relocated from the north side of the existing parking lot islands to the south side. A small north/south section of sidewalk should be installed from the existing pedestrian ramp located in the middle island to the new sidewalk. City code requires each parking space shall be 9 feet wide and 20 feet in length. A space may be reduced by 1.5 feet if located adjacent to a landscaped area or curb. All parking spaces appear to meet the City's minimum requirements. The planned development ordinance requires that parking lots with fifteen (15) or more parking spaces shall provide for parking of bicycles near the building entrance and shall not encroach into the pedestrian walkway. The petitioner will need to identify a bike rack location on their plans. A trash enclosure will be located adjacent to the northwest corner of the building. The enclosure will be constructed of the same materials as the restaurant. Storm Drainage and Grading: The site has been graded as part of the mass grading of the Cobblestone Commercial development. Therefore, minimal grading to accommodate the proposed building and parking lot will be needed prior to construction. The applicant has not submitted a preliminary grading plan. A grading and storm drainage plan will need to be submitted and reviewed by the City Engineer prior to consideration by the City Council. Elevation Drawings: The elevation drawings indicate an exterior finish that will include architectural block in two colors, a stone sill, and a metal band accent trim. Two-color fabric canopies will be installed above the windows and 2 doors and goose neck lighting fixtures attached to the exterior walls to add variety to the building. Staff has no issues with the proposed elevations. The applicant is proposing to enclose approximately 900 feet of the dining area in glass whose walls and roof system will retract and allow the area to be open to the elements as the weathers allows. Staff has provided examples of the proposed enclosure. The photos are of an existing structure located at McGovern's Pub and one proposed for Mancini's restaurant, both located in St. Paul. The applicant has submitted a roof plan that shows the location of their rooftop mechanical systems and screening. All rooftop shall be in compliance the zoning code. Landscape Plan: The submitted landscape plan identifies a wide and diverse variety of plantings consistent with the Cobblestone Lake Commercial development master landscape plan. The Natural Resources Coordinator has reviewed the landscape plan and he has the following comments: * Caution against planting compact Austrian pine (and other upright evergreen species) near parking lot entrances, exits, and in islands due to visibility restrictions for vehicular and pedestrian traffic. * Compact Austrian pine gets too big for area north of building along private road; space is 5' wide, trees get 8' to10' wide. * Trees and shrubs should be planted in center of green space along east side of building to provide equal space for roots; shown on plan close to sidewalk. • Plant trees and shrubs farther away from public sidewalk along south side of property to minimize future interference with use of public sidewalk and required pruning. • Consider substituting swamp white oak for white oak tree shown near southwest corner of building. Swamp white oak proven to have better transplanting success, especially in urban soils and conditions. Revisions to the landscape plan should be made as per the Natural Resources Coordinator's comments at the time of submission of plans for a building permit. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 21/2% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 21/2% landscaping requirement at the time of submission of plans for a building permit. Availability of Municipal Utilities: All necessary municipal utilities to serve the building are available by means of service connections to existing water main and sanitary sewer lines located in the lot. The City Engineer has reviewed the plans and has no outstanding issues. The Fire Marshal has also reviewed the submitted plans and has the following recommendations: O Minnesota State Fire Code requires the building to have a fire sprinkler system and a fire alarm system to monitor the fire sprinkler system. • A fire hydrant needs to be located within 150' of the fire department connection. Street Classifications/Accesses/Circulation: The site is bounded by 157 Street West on the south, a private street on the east, and a surface parking lot the Cobblestone Target store to the north. Direct access to the site will be from the private street and a drive aisle in the Target parking lot. No access via the adjacent public streets will be allowed. Vehicular access will also be allowed from the property to the west via an existing cross access and parking agreement between Lots 1 and 2 of the COBBLESTONE LAKE COMMERCIAL 4 ADDITION. Signs: The submitted plans show building signage on the north, south and west elevations. 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"�: ;�a M1 •p�,`v55 s a'+Yr3'ra'"s+ .homg .A...pk ' S$ g 07.%•5.. 606 60 00606 **OS 0494 Apple 11 City of Vaiiev MEMO Community Development TO: Chair and Planning Commission Members FROM: Kathy Bodmer, Planner MEETING DATE: March 20, 2013 SUBJECT: Consider Amendments to PD-739 to Include Area Requirements and Standards for Zones 3 and 4 At its February 28, 2013, meeting, the City Council set a public hearing before the Planning Commission to consider amendments to Planned Development No. 739 by establishing area requirements and standards. In connection with the Parkside Village development, the City Council approved Ordinance No. 938, which established new subzones, Zones 3 and 4, east of Galaxie Avenue and north of 153 Street. The public hearing is requested to consider an ordinance amending PD-739 to add area requirements and standards for Zones 3 and 4 including building setbacks, lot coverage, maximum height and maximum number of stories. When the Parkside Village project was reviewed, the Planning Commission recommended the creation of new subzones in PD-73 9 to ensure there would be no impacts to the Founder's Circle development on the west side of Galaxie Avenue. Ordinance No. 938 established the legal descriptions and use requirements for the Zones 3 and 4. The attached draft ordinance will provide the setback and area requirements that are needed. The setback requirements are consistent with the approved Parkside Village development. Recommended Action: Open the public hearing, receive comments, then close the public hearing. While it is the policy of the Planning Commission to not take action on an item on the same night as its public hearing, staff does not expect any outstanding issues related to this requested ordinance amendment. As a result, staff is recommending that the Planning Commission take action on this item this evening. Staff, therefore, recommends that the Planning Commission make the following motion: Recommend approval of the attached draft ordinance amending Planned Development No. 739 to include area requirements and standards for Zones 3 and 4. CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING APPENDIX F, ARTICLE 31 OF CHAPTER 155 REGULATING AREA STANDARDS AND REQUIREMENTS FOR PLANNED DEVELOPMENT DESIGNATION NO. 739, ZONES 3 & 4. The City Council of Apple Valley ordains: Section 1. Article A31 of the Apple Valley City Code is hereby amended by revising Section A31-8(C) Table of Minimum Area Standards and Requirements to add setback requirements for Zone 3 and Zone 4 to read as follows: Zone 1 Zone 2 Zone 3 Zone 4 Building setbacks (feet) Along Galaxie Avenue 'y lest Right-of-Way .ine) Alen?, Ja axle Avenue ( Right-of-Way I ,in) V1 I X1 mt[m. Along 153rd Street West: West of Galaxie Avenue East of Galaxie Avenue Minimum Maximum 15 0 0 25 25 East of Galaxie Avenue Along Founders Lane: Minimum 15 West of Galaxie Avenue 15 0 Maximum 25 Foliage Avenue I5 0 1 0 2 Minimum Maximum Fontana Trail Minimum Maximum Along all other streets: Minimum Maximum Along private drives Along private alleys Maximum height (feet Maximum number of stories 15 25 15 25 15 25 5 5 4 15 25 15 25 15 25 5 25 Maximum lot coverage Building and impervious surface (percent) 70* 70* 70* 70* Maximum building height 6 60 60 4 4 * No lot shall exceed 70% unless accommodated with an overall layout that does not exceed 70% to conform to storm water management plan within the subdistrict Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 4, Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. 2 Section 5. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. ATTEST: PASSED by the City Council this day of 2013. Pamela J. Gackstetter, City Clerk Mary Hanaam-Roland, Mayor 3 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING APPENDIX F, ARTICLE A31 OF CHAPTER 155 OF THE CITY CODE REGULATING AREA STANDARDS AND REQUIREMENTS FOR PLANNED DEVELOPMENT DESIGNATION NO. 739 -ZONES 3 & 4. The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on , 2013: Article A31 of Appendix F of Chapter 155 of the Apple Valley City Code, regulating Planned Development Designation No. 739 is amended by adding area standards and requirements including building setbacks, lot coverage, maximum building height and maximum number of stories for Zones 3 & '4 applicable to certain parcels of land located therein. A printed copy of the ordinance is available for Inspection by any person during regular office hours at the office of the City lerk at the Apple Valle Municipal Center, 7100 - 147 y Pp y P Street West, Apple Valley, Minnesota 55124. Effective date. 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PD -739 3 151ST ST W PD-254 152ND ST W F ®.R INO 1 CITY OF APPLE VALLEY ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 739 The City Council of Apple Valley ordains: Section 1. That the official zoning map be amended to include the following land under Planned Development Designation No. 739 whereby that land identified and described for Planned Development Designation No. 739 under Ordinance No. 739, effective January 31, 2004, is hereby replaced and new sub-zones are added as follows: Zone 1: The north 310.00 feet of Outlot A, Culvers Addition, according to the plat of record with the Dakota County Recorder; and All land enclosed by the following described line: beginning at a point of the south line of the Northwest Quarter (NW 1 /4) of Section 34, distant 945.35 feet west of the southwest corner of said NW 1/4; thence N 00°3633" E 389.99 feet; thence N 00°1637" E 310.00 feet; thence N 89°4732" E 250.00 feet; thence S 00°16'37" W 250.00 feet; thence S 45°0000" E 225.00 feet; thence N 89 E 337.50 feet; thence S 00°1115" W 298.32 feet; thence S 89°4732" W 741.19 feet to the point of beginning and there terminating; and Lot 1, Block 4 and Lot 1, Block 5 of The Legacy of Apple Valley North; and The northerly 90 feet of Lots 1 & 2, Block 6 of The Legacy of Apple Valley North. Zone 2: All land enclosed by the following described line: beginning at a point on the south line of the Northwest Quarter (NW 1/4) of Section 34, distant 50.00 feet west of the southwest corner of said NW 1/4; thence 89°4732" W 154.16 feet; thence N 00°11'15" E 298.32 feet; thence S 89°4732" W 337.50 feet; thence N 45°0000" W 225.00 feet; thence N 00°16'37" E 250.00 feet; thence S 89°47'32" W 250.00 feet; thence N 00°16'37" E 199.17 feet; thence N 00°1115" E 260.79 feet; thence S 89°44'28" E 695.40 feet; thence S 00'1115" W 210.79 feet; thence N 89°4438" E 210.01 feet; thence S 00°1115" W 948.81 feet to the point of beginning and there terminating; and Lot 1, Block 9 of The Legacy of Apple Valley North; and Lots 1 & 2, Block 6 of The Legacy of Apple Valley North, excepting therefrom the northerly 90 feet of each Lot 1 and Lot 2, Block 6. Zone 3: Lot 1, Block 7 and Lot 1, Block 8 of The Legacy of Apple Valley North, together with that part of Fortino Street lying between the south line of Block 7 and the north line of Block 8 extending from the east line to the west line of said Blocks, all of which is proposed to be re-platted as Lot 1, Block 2 Parkside Village; and Lots 1, 2 and 3, Block 2 and Lot 1, Block 3 of The Legacy of Apple Valley North, together with that part of Fontana Trail lying between the east line of Block 2 and the west line of Block 3, extending from the north line to the south line of said Blocks, all of which is proposed to be re-platted as Lot 1, Block 1 Parkside Village; and Lots 1 and 2, Block 10 of The Legacy of Apple Valley North. Zone 4: Lot 1, Block 1 of The Legacy of Apple Valley North. Section 2. Article A31 of the Apple Valley City Code is hereby amended by deleting Section A31-4 (C), Section A31-5 (C), Section A31-7 (C), and the Zone 1-A column in the Table of Minimum Area Standards and Requirements set forth in Section A31-8(C). Section 3. Article A31of the Apple Valley City Code is hereby amended by adding Section A31-4(C) and (D) to read as follows: § A31-4. PERMITTED USES. (C) Zone 3: Within this zone, no structure or and shall be used except for one or more of the following uses or uses deemed similar by the city council: (1) Any permitted use specified for Zone 1 of Planned Development Designation No 739 herein. (2) Assisted Care Facility on Lots 1 & 2, Block 10 of The Legacy of Apple Valley North. For purposes of this clause, an Assisted Care Facility shall mean a structure or several structures developed as a single facility in which residential housing and limited medical care is provided to persons who reside in a single unit dwelling that includes complete, permanent independent living facilities for the resident, including, but not limited to: living, sleeping, cooking, eating, and sanitation provisions and receives some personalized supportive services or care from the facility staff, but not full, 24-hour personal or medical care. (D) Zone 4: Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: (1) The following retail uses: Antique or gift shops; appliance store (sales and/or repair); art and school supply store; bakery; bank and savings and loan; barbershop; beauty salon; bicycle sales; books; stationary and office supplies; candy; camera and photographic supplies; carpet and rug sales; catering services; china and glassware sales; clothing and costume sales and rental; coin operated amusement devices and similar facilities; department store; drugstore; dry cleaning; dry goods; electronic sales and/or service; florist; furniture store; garden supplies; grocery; hardware store; hobby store; interior decorating; jewelry and watch repair; laundromat; leather goods and luggage; locksmith; musical instruments; nail salon, on-sale liquor, wine or 3.2 beer in conjunction with a Class 1 restaurant facility; paint and wallpaper sales; photography studio; pipe and tobacco shop; recorded music sales; Class 1, II, or III restaurant (no drive through facilities allowed), subject to the installation of state of the art ventilation equipment in restaurants where applicable; shoe sales or repair; sporting goods; tailoring; theater (except open air drive-in); toy store; video rental and sales. (2) Professional offices for doctors, dentists, lawyers, realtors, insurance agents, and similar uses. Individual tenant office spaces shall not exceed 25% of the first floor gross area within anyone building. (3) Offices of a general nature where the operations do not include over-the- counter retail sales or warehousing from the site. Individual offices shall not exceed 25% of the gross floor area within any one building. (4) Parking ramps and structures in conjunction with a commercial building. (5) A single-story building, provided the following conditions are met: (a) The height of the building as measured from grade shall be a minimum of 25 feet and shall be designed to appear as a two or more story building. The minimum building height shall not include decorative parapets, towers, or other architectural, ornamental or mechanical treatments. (b) Any elevation of the building that fronts a public street, sidewalk, parking lot, or open space as defined herein shall have window coverage of a minimum of 35% of the total square feet area of the elevation. The windows in the lower 50% area of the elevation, as measured from grade to the roof line, shall be constructed of a material that allows unobstructed view into the building. Spandrel glass or other false window material shall not be permitted for windows that are located in the lower 50% area of the elevation, but may be installed in the upper 50% area of the elevation. -The phrase "open space" shall mean any public right-of-way, public property, and any outdoor private property which is open to the general public, including, but not limited to: plaza areas, court yards, outdoor dining areas, patios, commons, gardens or other feature areas for display to and review by the public. Section 4. Article A31of the Apple Valley City Code is hereby amended by adding Section A31-5(C) and (D) to read as follows: 3 § A31-5. CONDITIONAL USES. (C) Zone 3: Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council pursuant to the granting of a conditional use permit: (1) Any conditional use specified for Zone 1 of Planned Development Designation No 739 herein. (D) Zone 4• Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council pursuant to the granting of a conditional use permit: (1) Sidewalk display or sales of goods conducted by an occupant of a retail building subject to the following standards: (a) Sidewalk displays or sales shall be permitted only directly in front of the occupant's business, provided that at least five (5) feet of clearance is maintain at the storefront entrance, the display is located against the building wall and no greater than three (3) feet deep, no higher than the sill of the first floor windows and does not exceed 75 percent of the length of the storefront. (b) Sidewalk displays or sales shall be clean, litter-free, and well- maintained at all times and shall be compatible with the colors and character of the storefront from which the business operates. (c) Sidewalk displays or sales shall be permitted only during business hours and shall be removed at the end of the business day. (d) Items for sale shall be displayed on commercially available or professionally constructed, custom-designed shelving or platforms of waterproof, high quality, and durable materials. Cardboard boxes and wood pallets shall not be used for sidewalk displays or sales. (e) A minimum of five (5) feet sidewalk shall remain clear to allow for unencumbered pedestrian movement. (2) Outdoor sidewalk seating in conjunction with a restaurant, subject to the following standards: (a) A minimum of five (5) feet of sidewalk along the curb and leading to the entrance of the restaurant shall be maintained free of tables, chairs, and other obstructions. 4 cafe area. (b) Temporary barriers shall be used as a way of defining the sidewalk (c) Extended awnings, canopies, or large umbrellas with colors that complement the building colors may be permitted. (d) Additional outdoor trash receptacles shall be provided. (e) Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the restaurant is located and/or City of Apple Valley street furniture standards. Section 5. Article A31of the Apple Valley City Code is hereby amended by adding Section A31-7(C) and (D) to read as follows: § A31-5. PERMITTED ACCESSORY USES. (C) Zone 3: Within this zone, one or more of the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Any permitted accessory use specified for Zone 1 of Planned Development Designation No 739 herein. (D) Zone 4: Within this zone, one or more of the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Any permitted accessory use specified for Zone 2 of Planned Development Designation No 739 herein, except no temporary sales office shall be permitted. Section 6. Article A3 lof the Apple Valley City Code is hereby amended by adding Section A31-8 (G)(9) 8( 10) to read as follows: § A31-8. AREA STANDARDS AND REQUIREMENTS (G) Parking design and maintenance. The following parking requirements shall be incorporated into all site plans: (9) Parcels within Zone 3 and abutting Galaxie Avenue may have up to 10% of the parking stalls in an underground parking garage be a minimum of 8.5 feet wide. 5 (10) Parcels within Zone 3 and abutting Galaxie Avenue may have 90 parking stalls within a surface parking lot a minimum of 19 feet in length, provided a stall abutting a curb may be a minimum of 18.5 feet. Section 7. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 938", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and summary will clearly inform the public of the intent and effect of the ordinance. Section 8. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 9. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 10. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. ATTEST: PASSED by the City Council this 24th day of January, 2013. Oadeo FYI Pamela J. Gat City Clerk CITY OF APPLE VALLEY ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 739 The following is the official summary of Ordinance No. 938 approved by the City Council of Apple Valley on January 24, 2013: Article A31 of Appendix F of Chapter 155 of the Apple Valley City Code, regulating Planned Development Designation No. 739 is amended by adding Zones 3 & 4 applicable to and the rezoning of certain parcels of land located within The Legacy of Apple Valley North plat. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. Effective date. This ordinance shall take effect upon its passage and publication. 7 PUBLIC NOTICE CITY OF APPLE VALLEY ORDINANCE NO. 9.311 AN ORD3NANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 739. The following is the official summary of Ordinance No. 938 approved by the City Council of Apple Valley on January 24, 2013: Article A31 of Appendix F of Chapter 155 of the App 4e Valley City Code, mutating Planned Development Designation No. 739 is amended by adding Zones 3 & 4 applicable to and the rezoning of certain parc of land located within The Legacy of Apple Valley North plat. A printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minne- sota 55124. Effective date. This ordinance shall take effect upon its passage and publication. 3286370 2/1/13 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as Sun Thisweek Apple Valley/Rosemount, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Friday, the 1 st day of February, 2013, and was therefore printed and published on every Friday to and including Friday, the 1st day of February, 2013, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Subscribed and sworn to before me on this 1st day of February, 2013 Notary Public GAIL ANN KELLER Notary Public-Minnesota ly Commission Expiras Jan 31.; 2015 VsIVWVVWVVkWiWW~,""AAev'"eW abcdefghijklmnopqrstuvwxyz SS Managing Editor 3286370 CITY OF APPLE VALLEY PROJECT SUMMARY wr ZONING CODE AND PD-290 AMENDMENTS AND BOGART'S OUTDOOR VOLLEYBALL COURTS CONDITIONAL USE PERMIT Agenda Item: 5C Case Number: PC13-14-0C Staff Reviewer: Margaret Dykes Applicant: Apple Place Bowl Bogart's Application Date: February 19, 2013 Meeting Date: March 20, 2013 Petition for: • Amend Chapter 155 of the City Code of Ordinances to define Temporary Seasonal Outdoor Recreational Facility. • Amend Planned Development 290, Zone 2 to allow Temporary Seasonal Outdoor Recreational Facilities as a conditional use. • Conditional Use Permit for Temporary Seasonal Outdoor Volleyball Courts at Bogart's/Apple Place Bowl, 14917 Garrett Avenue. Summary of Zoning: Chapter 155 does not define Temporary Seasonal Outdoor Recreational Facility, and these types of uses Issues: are not listed as a permitted or accessory use listed in the zoning code. It is the City Attorney's recommendation that a definition for Temporary Seasonal Outdoor Recreational Facility be added to Section 155.003. This would create the definition of these uses that could then be inserted to various zoning districts when needed. In some districts, these types of uses may be permitted accessory uses, and in others they may be conditional uses. Additional amendments to the zoning code may occur in the future Planned Development-290 allows for a mix of recreational, institutional, and general office uses. Bogart's/Apple Place Bowl is the only property located within Zone 2 of the Planned Development district. Any changes related to the PD-290 to allow for temporary seasonal outdoor recreational facilities would be confined to Zone 2. The applicant is requesting an amendment to the zoning district to allow for the installation of seasonal outdoor volleyball courts and sundeck as a conditional use. The City granted an Interim Use Permit to allow the same use in 2012. Staff monitored the parking lot and the outdoor volleyball courts, and there were no reported parking conflict issues with adjacent properties. Therefore, staff believes it is appropriate to amend the Planned Development zoning district to allow for the requested use as a conditional use in Zone 2 only. This will allow the City to place conditions on the permit, but still allow the property owner the ability to install the outdoor volleyball courts. Staff and the City Attorney have drafted language that could be used in the zoning amendments; this is discussed in the Zoning section of this report. Conditional Use Permit: If the zoning amendment is approved for PD-290, Zone 2, the property owner is requesting a Conditional Use Permit for the outdoor volleyball courts. The submitted site plan shows the installation of two outdoor volleyball courts, as well as a sundeck and service bar for beverages. The courts and deck/service bar will be located in the existing southern parking lot of Bogart's/Apple Place Bowl. This is the same plan that was submitted and approved in 2012. The volleyball courts are seasonal and would be installed and operated from tl last week of April until the first week of September. The courts will be removed after the first week of Septembm The courts would operate from 6 p.m. to 10:30 p.m. Sunday through Thursday, and some weekends when they will be used for open and tournament play from 10 a.m. to 10 p.m. The total area to be used for the temporary courts and deck measures 90'x 100' (9,000 sq. ft.). The applicant's site plan shows the following: • Two outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each — total area for courts is 7,200 sq. ft. This will temporarily remove 24 parking spaces. Staff is comfortable with the removal of the spaces due to the existing shared parking arrangement between Bogart's/Apple Place Bowl, Commons I, Commons II, and Paideia Academy. Existing cross-parking, cross-access easement agreements exist between all of the properties, which state that any modification to the parking plan must be approved by the property owners and the City. This would be required before any parking spaces could be removed. • A composite deck on the north end of courts measuring 20'x90' (1,800 sq. ft.) that will be 18 inches off the ground. The deck area will seat 70 people. The property owner secure a building permit and pay additional SAC/WAC charges prior to use of the deck. • A 10'x20' bar covered by a pergola that will provide service for beer, soda, and water. The applicant will need to amend the existing liquor license if beer or other alcoholic beverages are to be sold or consumed outside. Recommended Action for Zoning Code Amendments: • 350 tons of sand to fill the courts to a depth of 12-14 inches. The applicant states drain tile will be installed for stormwater runoff. • Fencing for the courts will consist of 17' high woven mesh netting supported by seven perimeter poles and two interior poles. Temporary lights will be mounted on top of four of the perimeter poles. No other fencing is proposed. Open the public hearing for the zoning code amendments, receive comments and close the hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff believes the proposal can move forward if there are no adverse comments received. The following motions are recommended: 1. Recommend approval of an amendment to Section 155.003 of Chapter 155 of the City Code of Ordinances to add a definition for Temporary Seasonal Outdoor Recreational Facility to read as follows: "A privately owned outdoor facility or structure for recreation purposes in conjunction with a commercial use and that is readily movable and not permanently placed upon a foundation or footings or attached to a structure requiring footings. The use of the recreational facility is seasonal in that it is usable during commonly accepted months of the year, and may include facilities such as outdoor volleyball courts, bocce ball courts, basketball or other sport court, and horseshoe pits." 2. Recommend approval of an amendment to PD-290, Zone 2 to allow for Temporary Seasonal Outdoor Recreational Facility as a conditional use in conjunction with and conducted by an existing permitted Class I restaurant or commercial recreational facility, subject to the following conditions: a. The temporary seasonal outdoor recreational facilities may not be operated more than 155 days, which shall be consecutive, per calendar year. b. If the temporary seasonal outdoor recreational facility is located in the parking lot, it shall not result in a loss of parking spaces and drive aisles less than that required by the city code for the primary use unless it can be shown that sufficient parking spaces will be available with an approved shared parking agreement. c. The temporary seasonal outdoor recreational facility shall not create traffic hazards. d. The temporary seasonal outdoor recreational facility and all structures in connection therewith shall be compact and contiguous to the primary building or the primary use within a multi-tenant building. e. The temporary seasonal recreational facility shall be delineated with a temporary physical barrier subject to minimum area requirements pursuant to the Fire and Building Codes. f. No alcoholic beverages shall be possessed or consumed outside of the delineated area of the temporary seasonal recreational facility. No sale or consumption of alcoholic beverages shall occur within the temporary seasonal recreational facility area unless the proper on-sale alcohol license has been issued by the City permitting on-sale of alcohol within the temporary seasonal recreational facility area. During those dates when the temporary outdoor seasonal recreational facility is not in use under the Conditional Use Permit, all materials related to the temporary outdoor seasonal recreational facility shall be removed and stored within a building or off-site. h. Any other conditions that the City determines to be necessary for the protection of public health, safety and general welfare. g. H:\DEVELOPM\2013 Projects\PD 290 and Bogarts CUPTCreportl .docx 2 Recommended Action for Conditional Use Permit: Attachments: Open the public hearing, receive comments and close the hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff believes the proposal can move forward if there are no adverse comments received. The motions on the following page are recommended. 1. Recommend approval of a Conditional Use Permit for temporary seasonal outdoor recreational facilities to consist of volleyball courts, sundeck, and service bar at Apple Place Bowl/Bogart's Nightclub, 14917 Garrett Ave., subject to all applicable City codes and standards, and the following conditions: a. The City council's approval and the legal publication of a City Code zoning ordinance amendment permitting temporary seasonal outdoor recreational facility as a conditional use in Planned Development No 290, Zone 2. b. There shall be no more than two (2) outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each located at the southwest corner of the building as shown on the site plan received in City offices on February 19, 2013. c. The 20'x90' (1,800 sq. ft.) sundeck and 10'x20' (200 sq. ft.) service bar shall be located north of the courts compact and contiguous to the building as shown on the site plan received in City offices on February 19, 2013. No more than 24 parking spaces shall be occupied by the outdoor volleyball courts and sundeck/service bar. d. e. f. g. The outdoor volleyball courts and sundeck/service bar shall not be operated except during the period of the last full week in April to the first full week in September. Installation of the temporary outdoor volleyball courts and sundeck may be installed one week prior to operation. All materials associated with the temporary outdoor volleyball courts shall be removed from the parking lot and stored inside the primary building or removed from the site no later than September 30 of each year. The volleyball courts shall not be in use except during the following periods: 6:00 p.m. to 10:30 p.m. Sundays through Thursdays; and 10:00 a.m. to 10 p.m. Fridays and Saturdays. The property owner shall pay all necessary SAC and WAC charges prior to use of the sundeck/service bar area. h. No alcoholic beverages shall be possessed or consumed outside of the delineated area of the outdoor volleyball court facility and sundeck/service bar area. No sale or consumption of alcoholic beverages shall occur within the outdoor volleyball court facility or sundeck/service bar area unless the proper on-sale alcohol license has been issued by the City permitting on-sale of alcohol within the outdoor volleyball court facility or sundeck/service bar areas. i. The outdoor volleyball courts shall be fenced with a woven mesh netting not to exceed 17' in height as measured from parking lot grade, and temporary lights shall be mounted on perimeter poles. Said lights shall be arranged so as not to cause light trespass at the property line, or cause glare onto adjacent roadways. j. The outdoor volleyball court facility or sundeck/service bar area shall be delineated with a temporary physical barrier subject to minimum area requirements pursuant to the Fire and Building Codes. 1. Location Map 2. Comprehensive Plan 3. Zoning Map 4. Site Location Detail 5. Site Plan 6. Site Plan Detail 7. Plan Side View 8. Applicant's project description H:\DEVELOPM\2013 Projects\PD 290 and Bogarts CUPTCreportl.docx 3 9. Shared parking plan for area 10. Photos from 2012 of Bogart's Outdoor Volleyball courts ZONING CODE AND PD-290 AMENDMENTS AND BOGART'S OUTDOOR VOLLEYBALL COURTS CONDITIONAL USE PERMIT PROJECT REVIEW 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 14917 Garrett Avenue Part of Lot 2, Block 7 of Apple Valley Commercial Addition lying south of a line beginning at the west line 530 feet north from the southwest corner, then east at a right angle 406.25 feet to the east line and there terminating. "COM" (Commercial) "PD-290, Zone 2" (Planned Development Platted Bogart's Nightclub/Apple Place Bow 3.51 acres Flat Suburban commercial plantings None NORTH SOUTH EAST WEST Paideia Academy Comprehensive Plan Zoning/Land Use Mardell Law Office Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use Commons I and II Buildings Comprehensive Plan Zoning/Land Use H:\DEVELOPM\2013 Projects\PD 290 and Bogarts CUPTCreportl.docx 4 "COM" (Commercial) "PD-290" (Planned Development "COM" (Commercial) "PD-290" (Planned Development) Dakota County Western Service Center and Henry Anderson Mortuary "INS" (Institutional) and "COM" (Commercial) "P" (Institutional) and "PD-290" (Planned Development) "COM" (Commercial) "PD-290" (Planned Development) Development Project Review Comprehensive Plan: The property is guided for commercial uses in the Comprehensive Plan; the proposed use is consistent with the Plan. Zoning: Chapter 155 does not define Temporary Seasonal Outdoor Recreational Facility, and these types of uses are not listed as a permitted or accessory use listed in the zoning code. It is the City Attorney's recommendation that a definition for Temporary Seasonal Outdoor Recreational Facility be added to the zoning code, which would allow these types of uses to be inserted to various zoning districts. In some districts, these types of uses may be permitted accessory uses, and in others they may be conditional uses. Additional amendments to the zoning code may occur in the future Planned Development-290 allows for a mix of recreational, institutional, and general office uses. Bogart's/Apple Place Bowl is the only property located within Zone 2 of the Planned Development district. Any changes related to the PD- 290 to allow for temporary seasonal outdoor recreational facilities would be confined to Zone 2. The applicant is requesting an amendment to the zoning district to allow for the installation of seasonal outdoor volleyball courts and sundeck. The courts would be installed on the existing south parking lot and occupy 24 parking spaces or about 11% of the parking lot area. The City granted an Interim Use Permit to allow the same use in 2012. Staff monitored the use of the parking lot for the outdoor volleyball courts and there were no reported parking conflict issues with adjacent properties. Therefore, staff believes it is appropriate to amend the Planned Development zoning district to allow for the requested use as a conditional use. This will allow the City to place conditions on the permit, but still allow the property owner the ability to install the outdoor volleyball courts. Staff and the City Attorney have drafted language that could be used in the zoning amendment. The proposed zoning code amendment is as follows: § 155.003 DEFINITIONS TEMPORARY SEASONAL OUTDOOR RECREATIONAL FACILITY — A privately owned outdoor facility or structure for recreation purposes in conjunction with a commercial use and that is readily movable and not permanently placed upon a foundation or footings or attached to a structure requiring footings. The use of the recreational facility is seasonal in that it is usable during commonly accepted months of the year, and may include facilities such as outdoor volleyball courts, bocce ball courts, basketball or other sport court, and horseshoe pits. § A2-3 CONDITIONAL USES. (B) Zone 2. Within this zone, no structure or land shall be uses for the following uses or uses deemed similar by the City Council, except through the granting of a conditional use permit: (4) Temporary Seasonal Outdoor Recreational Facilities as a conditional use in conjunction with and conducted by an existing permitted Class I restaurant or commercial recreational facility, subject to the following conditions: (a) The temporary seasonal outdoor recreational facilities may not be operated more than 155 days, which shall be consecutive, per calendar year. (b) If the temporary seasonal outdoor recreational facility is located in the parking lot, it shall not result in a loss of parking spaces less and drive aisles than that required by the city code for the primary use unless it can be shown that sufficient parking spaces will be available with an approved shared parking agreement. (c) The temporary seasonal outdoor recreational facility shall not create traffic hazards. (d) The temporary seasonal outdoor recreational facility and all structures in connection therewith shall be compact and contiguous to the primary building or the primary use within a multi-tenant building. (e) The temporary seasonal recreational facility shall be delineated with a temporary physical barrier subject to minimum area requirements pursuant to the Fire and Building Codes. (f) No alcoholic beverages shall be possessed or consumed outside of the delineated area of the temporary seasonal recreational facility. No sale or consumption of alcoholic beverages shall occur within the temporary seasonal recreational facility area unless the proper on-sale alcohol license has been issued by the City permitting on-sale of alcohol within the temporary seasonal recreational facility area. During those dates when the temporary outdoor seasonal recreational facility is not in use under the Conditional Use Permit, all materials related to the temporary outdoor seasonal recreational facility shall be removed and stored within a building or off-site. (g) CITY OF APPLE VALLEY CODE OF 0 ' 1INANCES EXCERPT TICLE 2. PLANNED DEVELOPMENT DESIGNATION NO. 290 H:\DEVELOPM\2013 Projects\PD 290 and Bogarts CUP\PCreportl.docx 5 (h) Any other conditions that the City determines to be necessary for the protection of public health, safety and general welfare. Conditional Use Permit: If the zoning amendment is approved for PD-290, Zone 2, the property owner is requesting a Conditional Use Permit for the outdoor volleyball courts. A conditional use is permitted in a zoning district provided the use complies with certain criteria. The purpose of the conditional use permit is to determine if the proposed site has any unique characteristics that require special consideration to adequately accommodate the proposed use without adversely impacting surrounding uses. In general, if a conditional use permit is requested and the request meets the objective standards delineated by applicable ordinances, the permit must be approved. The submitted site plan shows the installation of two outdoor volleyball courts, as well as a sundeck and service bar for beverages. The courts and deck/service bar will be located in the existing southern parking lot of Bogart's/Apple Place Bowl. This is the same plan that was submitted and approved in 2012. The volleyball courts are seasonal and would be installed and operated from the last week of April until the first week of September. The courts will be removed from the site no later than September 30 The courts would operate from 6 p.m. to 10:30 p.m. Sunday through Thursday, and some weekends when they will be used for open and tournament play from 10 a.m. to 10 p.m. The applicant's site plan shows the following: • Two outdoor volleyball courts measuring 45'x80' (3,600 sq. ft.) each — total area for courts is 7,200 sq. ft. This will remove 24 parking spaces. • A composite deck on the north end of courts measuring 20'x90' (1,800 sq. ft.) that will be 18 inches off the ground. The deck area will seat 70 people. • A 10'x20' bar covered by a pergola that will provide service for beer, soda, and water. • 350 tons of sand to fill the courts to a depth of 12-14 inches. The applicant states drain tile will be installed for stormwater runoff. • Fencing for the courts will consist of 17' high woven mesh netting supported by seven perimeter poles and two interior poles. Temporary lights will be mounted on top of four of the perimeter poles. No other fencing is proposed. The site shares parking with Paideia Academy to the north, the Commons I building to the west, and the Commons II building to the southwest. The breakdown is as follows: Existing Shared Parking Arrangement Bogart's/Apple Place Bowl Commons I Building Commons II Building Paideia Academy Total # Spaces on Site 188 240 280 73 781 # Spaces Needed 218 252 277 54 801 # Spaces Short or Over 30 short 12 short 3 over 19 over 20 short Proposed Shared Parking Arrangement (with temporary volleyball courts) Bogart's/Apple Place Bowl Commons I Building Commons II Building Paideia Academy Total # Parking Spaces on Site - Proposed 164 240 280 73 757 # Parking Spaces Needed 218 252 277 54 801 # Spaces Short or Over 54 short 12 short 3 over 19 over 44 short Though the proposal would temporarily remove 24 parking spaces, staff finds that this should not adversely affect overall shared parking in the area. The shared parking plan has worked in the past even with the parking shortage HADEVELOPM\2013 Projects\PD 290 and Bogarts CUPTCreportl.docx 6 because of the staggered hours of operation for the various uses in the area. The school is in use during the day, as are the two office buildings. Bogart's is primarily in use during the evening hours when the school and the office buildings are not. This parking scenario could still work due to the staggered hours of the users. There are existing cross- parking, cross-access easement agreements between all of the properties, which state that any modification to the parking plan must be approved by the property owners and the City. This would be required before any parking spaces could be removed. Signs: No additional signs are allowed on the site except temporary signs as permitted by Section 154 of the City Code. This includes any temporary banners for purposes of advertising on-sale liquor. Public Hearing Comments: To be taken. However, if no adverse comments are received and the Commission has no outstanding issues, staff is recommending approval of the proposed zoning code amendments and Conditional Use Permit. H:\DEVELOPM\2013 Projects\PD 290 and Bogarts CUPTCreportl.docx 7 _DERAL` ; MQNi II OFF. BLDG �r. VAI.LEY L GENT,"..._ - CZ. u, C..., K. PD -290 AMENDMENT/ BOGART'S CUP LOCATION MAP ORA a, "COM" (Commercial) UPPER 146TH ST W PD -290 AMENDMENTS/ BOGART'S CUP COMP PLAN MAP • PD -290 AMENDMENTS/ BOGART'S CUP ZONING MAP 1111:11114*;;; lit•111111111111111111. 1.11:1111011EF Bogart's/Apple Place Bowl Outdoor Volleyball Courts Conditional Use Permit Site Location Detail rj . • • „ • •• BOGART'S/APPLE PLACE BOWL CUP SITE PLAN NTS apple place bowl oitn, 2it es 1 , 4 poPo t • ^ Z (9 3 GAB/ STbE L oLS I S' -Z3' Het-A 2d x" DLCK (S AE.,0\ 6R/DL 4" ,GROWL AL\L 5TE,L, SLED E (St Baokd GRNRE) 1 0" rk, 1dx ao Rapt:- BOGART'S/APPLE PLACE BOWL CUP EAST ELEVATION VIEW APPLE ft, &CE 1-11 17 City of Apple Valley February 19, 2013 Planning & Zoning Apple Place Bowl/Bogarts located at 14917 Garrett Ave is requesting a zoning modification in a Conditional Use Permit to allow part of the parking lot to be used as recreational volleyball courts during the summer. An Interim Use Permit was approved and utilized during the summer of 2012. All criteria as submitted in the Interim Use Permit for 2012 is identical in composition. The only modification will be the set dates of operation from April 30, 2012 to September 2, 2012. Apple Place Bowl/Bogarts will apply for and receive an amended liquor license and certificate of liability insurance prior to the use of the sundeck and service bar. Enclosed: Interim Use Permit and details (2012) Photos (2012) Abstractor's Certificate Application Escrows & Fees Richard B. Berry President Apple Place Bowl/Bogarts v co co a) 0) - 2 ) ._ (it 0 . ) 0)65 m c c o 0 LC) 0 47) 0 co co 0 0 cr) 0 co 00 CO 0 co 0 0 11 (I) t 0 Ts, 0 0 t 0 .c co (0 > W0 Q. co a) a) I v 3), u) a) as o cl. cn o 0- 01 o- c cu co" i _ 0 0 (1) col Lc) 0,1 0 c\I 0 co i_. co 0 0) 00 r " - § 0 0 t 0 00 c0 0 picture picture � � \ :��\ TR' •• 0.0.* *00 CITY OF Apple l , Valley TO: Planning Commission Chair and Commissioners FROM: Thomas J. Lovelace, City Planner DATE: February 15, 2013 CASE NO.: PC13-12-Z AGENDA ITEM NO.: 5D MEMO Planning and Development Department SUBJECT: Public Hearing for Amendments to Article 28, Appendix F of Chapter 155 of the Apple Valley City Code (Planned Development Ordinance No. 703) Related to Driveways in the Cobblestone Lake Development. For your consideration are proposed ordinance amendments that address two code requirements for driveways in Planned Development No. 703. The planned development ordinance currently prohibits driveways coming off of streets with raised center medians and restricts the width of a driveway within the road right-of-way to a maximum of 14 feet. Amendments are being proposed that would allow driveways to come off streets with raised medians and to increase the maximum driveway width within the right-of-way. These zoning amendments are being proposed because of some existing conditions within the development. In particular, a single-family lot located at the northeast corner of 158 Street West and Cobblestone Lake Parkway, where a sales office and parking were constructed that had a driveway off Cobblestone Lake Parkway and 158 Street West. The sales office building, which is located in the southeast corner of the lot, adjacent to 158 Street West, was approved as a temporary use and was expected to be converted to a detached garage at the time of construction of a dwelling unit on the lot. The surface parking lot on the property had driveway access off both Cobblestone Lake Parkway, a street with raised medians located intermittently within the parkway, and 158 Street West, which has a landscaped median from Diamond Path to Cobblestone Lake Parkway. The driveway along 158 Street West was expected to be temporary and would be removed after the sales office ceased operations and a dwelling unit was constructed on the property. The lot is currently for sale and it has come to our attention that because of the likely orientation of the dwelling unit to Cobblestone Lake Parkway and with primary driveway access off that street, it may be difficult to utilize the former sales office as a garage without having direct driveway access to 1 58 Street West. Staff has been in discussions with the current owner who has it for sale, as well as potential buyers. Several building layouts have been proposed, including some that would eliminate the driveway off of 158 Street West. Enclosed is an example of a proposed building layout for the lot. It appears that to get the highest and best use of this lot with its existing conditions would be to allow for a driveway off 158 Street West. Generally, an applicant would submit an application for a variance for a situation like this. However, because this property is located within a planned development, which has uses, area requirements, and design standards specific to the planned development, variances cannot be considered. Therefore, an ordinance amendment would be required. In this specific case staff has identified the likely options the Commission may want to consider: • Repeal the current requirement and allow for driveways off of streets with raised medians, which would allow for any property that has frontage abutting a street with a raised median to install a driveway. In this situation, staff would not propose that a property owner be allowed to remove a portion of a median in order to provide full access to the driveway. This may likely increased the number of U-turns, which is not desirable. • Modify the ordinance to allow for driveways off streets with raised medians on a case-by- case basis. This could be done administratively, which would allow staff to review the proposal and determine whether the proposal would have any adverse impacts of the flow of traffic. This proposed amendment would probably require that an appeal process be established for proposal that may be denied. • Provide specific language that would allow for a driveway at this specific property only. The second proposed amendment relates to maximum driveway width within the right-of-way, which is currently 14 feet. The intention of this requirement was to lessen the visual impact of driveways along a street and incrementally increase the amount of available on-street parking, which due to the development's street widths, is generally restricted to one side of local public streets in most of the residential areas within the development. Many certificates of survey that the City receives and reviews for single-family dwellings in the Cobblestone Lake development show a 16-foot wide driveway within the right-of-way. This width has been likely established because it is the standard width of double car garage door. The zoning code's general design standards allow residential driveways to have a maximum width of 30 feet within the right-of-way. Adding two feet to a 14-foot wide driveway would result in the potential loss of one on-street parking space for every ten dwelling units that would abut a street. If you assume that all lots on a street in Cobblestone are 50 feet wide, the minimum allowed, one would conclude that for every 500 lineal feet of a residential roughly one parking space would be lost. This does not take into account other elements, such a fire hydrants and mailboxes that may restrict on-street parking. It should be noted that all the single family homes within this development have a minimum of two garage spaces and two surface parking spaces on the driveway, which is the minimum required by City code. Staff Recommendation: Open public hearing, receive comments and close the public hearing. It is the policy of the Commission to refrain from acting on an item the same night as its hearing. The owner of the property at 158 Street West and Cobblestone Lake Parkway has requested that the Planning Commission make a recommendation the night of the public hearing. If no comments are received the night of the public hearing, the Planning Commission may want to consider moving one staff's recommended street median/driveway access amendments. Staff is not proposing that Planning Commission provide a recommendation for the proposed driveway width ordinance amendment the night of the public hearing. More research is needed by staff on the potential impacts. PLANNED DEVELOPMENT NO. 703 - ZONING 0 § A28-5 MINIMUM AREA STANDA S AND REQUIREMENTS. (C) Residential Site Design: The following design elements shall be incorporated into Zone 1 of the planned development to assure an overall sense of harmony. (1) Residential areas shall be designed to emphasize human scale which shall include: (a) Sidewalks shall be installed along all public and private streets. If deemed appropriate by the city council, a separate pedestrian circulation plan may be substituted. (b) Local residential streets shall be designed narrow enough to discourage speeding, but wide enough to allow for on-street parking along one side. Local streets shall have a minimum right-of-way width of 52 feet and a paved driving surface width of 26 feet. (c) The "entry street," with access from Diamond Path, shall have a minimum right- of-way width of 87 feet and two paved driving surfaces 20 feet wide that will be separated by a 15-foot wide center median. (d) Enhancement of the pedestrian- friendly environment by minimizing the presence or appearance of garages whenever possible. (2) Driveways serving structures adjacent to streets with raised center medians shall be prohibited. ( " 1 INANCE EXCERPT The maximum driveway width within the street right-of-way shall be 14 feet. (4) No dwelling unit shall be set back more than 25 feet from the front property line. (D) Building Design and Materials: The following design elements shall be incorporated into all site plans for buildings: (1) The main entrance to the primary dwelling unit shall face the street. (2) Entry features of all primary dwellings shall incorporate a front entry porch or stoop that shall be constructed in a manner that is harmonious with the primary dwelling. (3) All accessory structures shall incorporate the architectural design and exterior finish of the primary structure. (4) A building or group of buildings shall maintain a compatible relationship with the surrounding context of an area in regard to: Y e 158th Street West/Cobblestone Lake Parkway Print Date: 03/15/2013 Image Date: 06/05/2011 Level: Neighborhood Typical Cobblestone Lake Residential Street Print Date: 03/15/2013 Image Date: 06/05/2011 Level: Neighborhood