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HomeMy WebLinkAbout06/19/2013City of Apple Valley This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. . CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF May 15, 2013 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Quarry Ponds — Public hearing to consider rezoning of 46 acres from "SG" (Sand and Gravel) to "PD" (Planned Development) and subdivision of 56 acres into 107 single-family lots and four (4) outlots. (PC13-27-ZS) LOCATION: North side of CSAH 46 approximately 1/4-mile west of Pilot Knob Road PETITIONER: Arcon Land II, LLC and Fischer Sand and Aggregate, LLP 6. LAND USE/ACTION ITEMS A. Dalseth Accessory Building Setback Variance — Consideration of a 49' variance from the 75' "SH" (Shoreland) setback and a 15 variance from the 20' side yard setback to construct a 24' x 16' (384 sq. ft.) accessory building with a 245 sq. ft. wrap around deck. (PC13-23-V) LOCATION: 4869 Dominica Way PETITIONER: Jennifer and Pascal Dalseth 7. OTHER BUSINESS A. Enterprise Rent-A-Car Parking Lot Setback Variance Sketch Plan — Discussion of proposed amendments to PD-254 for parking lot expansion located at 15136 Galaxie Avenue. B. USAgain Clothing Boxes — Discussion on whether to amend City Code to allow for the placement of clothing recycling bins within the City. C. Review of upcoming schedule and other updates. 8. ADJOURNMENT JUNE 19, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 NEXT PLANNING COMMISSION MEETINGS Wednesday, July 17, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, June 19, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, July 8, 2013 Wednesday, August 7, 2013 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, July 10, 2013 - Site plan, variance applications due by 9:00 a.m. on Monday, July 29, 2013 NEXT CITY COUNCIL MEETINGS Thursday, June 27, 2013 Regular Scheduled Meeting Thursday, July 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, and David Schindler. Members Absent: Brian Wasserman Staff Present: City Attorney Michael Klemm, Community Development Bruce Nordquist, 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. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 1, 2013. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving the minutes of the meeting of May 1, 2013. Ayes - 5 - Nays — 0. Abstain — 1 (Diekmann). 4. CONSENT ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 15, 2013 A. Andrews Covered Entry Addition Setback Variance — Consideration of a variance from the 30' front yard setback requirement to allow for a covered entry addition to be set back 25.5' from the front property line. (PC13 LOCATION: 12091 Gantry Ct. PETITIONER: Steve Andrews MOTION: Commissioner Burke moved, seconded by Commissioner Diekman, approving a variance of up to 4.5 feet from the required front yard building setback of 30 feet in the "R-3" (Single Family Residential) zoning district to allow for the construction of a 4.5 ft. x 7 ft. covered front entry at 12091 Gantry Court due to the following: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 2 of 4 1. The granting of the variance will not alter the general character of the locality. 2. The granting of the variance would be consistent with the comprehensive plan's goals and policies that encourage residents to make improvements to their homes as a way to help update and enhance the city's existing housing stock and livability. Ayes - 6 - Nays - O. 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. PD-703 Ordinance Amendments — Consideration of proposed 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. (PC13-12-Z) LOCATION: Cobblestone Lake Development PETITIONER: City of Apple Valley City Planner Tom Lovelace stated consideration was for a draft of proposed amendments to Planned Development Ordinance No. 703 that would permit a driveway access from 158th Street West, a street with a raised median, to the property located at 15798 Cobblestone Lake Parkway. The proposed amendments would continue to restrict driveway access from structures to streets with raised medians with the exception of the lot located at 15798 Cobblestone Lake Parkway. He stated this amendment was considered because of an existing condition on the property. The single-family lot located at the northeast corner of 158th Street West and Cobblestone Lake Parkway was the former location of a building that was used as a sales office. A parking lot was constructed that had a driveway off both Cobblestone Lake Parkway and 158th Street West. The sales office building was approved as a temporary use with the expectation that it would be converted to a detached garage at the time of construction of a dwelling unit on the lot. The driveway along 158th Street West was expected to be removed after the sales office ceased operations and a dwelling unit was constructed on the property. The location of the sales office/garage had made it a challenge to place a house on the property and make use of the existing accessory structure as a garage without having a driveway off 158th Street West. The amendment would allow the owners of the property to gain the most direct access to an existing structure that was once used as a sales office that would be converted to a detached garage as part of the construction of a single-family dwelling on the lot. The raised median in 158th Street West directly in front of the driveway would remain, which would result in the driveway access being limited to right in/right out movements only. The driveway had been designed to allow vehicles to turnaround on the property, which would discourage vehicles from backing out onto the street. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 3 of 4 The original request also included a proposed amendment to maximum driveway width within the right-of-way, for single-family homes, which is currently 14 feet. Staff did not recommend any amendment to this requirement at this time and the item would likely come back in the future once staff had done a review of existing conditions to determine if there is a significant problem with the driveway widths. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler approving the draft ordinance amendments to Planned Development Ordinance No. 703 to allow for the property located at 15798 Cobblestone Lake Parkway and legally described Lot 5, Block 2, COBBLESTONE LAKE 2 ADDITION to have driveway access from 158th Street West, subject to the following requirements: 1. Only one driveway access to this property shall be permitted. 2. The principal dwelling structure on the property shall front Cobblestone Lake Parkway. 3. Any attached garage to the principal dwelling unit shall be oriented on the property so the door(s) for vehicle access into the garage are facing east or south. 4. The structure existing in the southeast corner on the property as of April 15, 2013 shall be existing on the property on the date a building permit application for the principle dwelling unit is filed with the City and said structure shall remain on the property thereafter and be converted for use as a detached garage. Ayes - 5 - Nays — 1 (Scanlan). B. Dalseth Accessory Building Setback Variance — Consideration of a variance from the 75' shoreland setback to construct 24' x 16' (384 sq. ft.) accessory building with a 245 sq. ft. wrap- around deck 26' from the OHWL of Farquar Lake. (PC13-23-V) LOCATION: 4869 Dominica Way West PETITIONER: Jennifer and Pascal Dalseth Planner Kathy Bodmer presented the request for a variance to construct an accessory structure which would provide storage of watercraft, including a boat, personal watercraft, and other sporting equipment. A wrap-around deck was proposed to be constructed along the north and east sides of the accessory building. While the City Code has no, exception for "water-oriented" structures in the SH district, the State DNR Shoreland Management rules have a provision for them. The subject property abuts Farquar Lake and therefore lies within the "SH" (Shoreland) zoning district. The City's SH zoning district provides that all structures must meet the 75' setback requirement. The one exception is for a DNR permitted boathouse. A DNR permitted boathouse must be located within the DNR regulated portion of the lake (OHWL and lakeward). A boathouse would require a permit from the DNR for work in the beds of protected waters and a conditional use permit from the City. The Dalseth building is not proposed to be constructed within the lake bed, so this exception would not apply. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2013 Page 4 of 4 Shoreland management is the responsibility of local governments and may be more restrictive than the DNR rules. The petitioners request the variance based upon the DNR rules. Because the City rules do not contain an exception for the water-oriented structure, the variance would need to be considered in light of whether the petitioner has met the "practical difficulties" test, not the State Shoreland Management Rules. She stated staff was not prepared to make a recommendation concerning this request and believed the petitioners would need to request a zoning code amendment to allow for the use they are requesting. Staff was seeking feedback from the Planning Commission concerning a potential code amendment and would like the Planning Commission to consider the issues and then provide direction. Discussion followed. Pascal Dalseth provided additional information. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, June 5, 2013, at 7:00 p.m. He also invited the Commissioners to put on their calendars a workshop for June 13, 2013, from 4:30 to 6:30 p.m. for the Urban Land Institute (ULI) Navigating the New Normal. 8. 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 Diekmann to adjourn the meeting at 7:43 p.m. Ayes - 6 - Nays - 0. Re ectfully Submitted, J Murphy, Planning D artm Assistant Approved by the Apple Valley Planning Commission on ITY OF APPLE VALLEY PROJECT SUMMAR QUARRY PONDS Case Number: PC13-27-ZS ace Staff Reviewer: Thomas Love Applicant: Arcon Land II, LLC and Aggregate, LLP Application Date: May 22, 2013 Meeting Date: June 19, 2013 Petition for: Purpose: Summary of Issues: Recommended Actions: • Rezoning • Subdivision The applicant is requesting a rezoning of approximately 46 acres of land from "SG" (Sand and Gravel) to "PD" (Planned Development) and the subdivision by plat of 56.64 acres of land into 107 single-family residential lots and four (4) outlots. Subdivision also will include the dedication of right-of-way for local streets to serve the individual lots within the proposed plat; and the right-of-way for Johnny Cake Ridge Road, the south half of 157 Street West, and the north half of CSAH 46 (County State Aid Highway) right-of-way, all of which will abut the development. The project site is located along the north side of CSAH 46, approximately 1/4-mile west of Pilot Knob Road. The applicant submitted a request for an amendment to the 2030 Land Use Map to re-designate the property east of Johnny Cake Ridge Road from "MD" subject property "LD" (Low Density Residential/2-6 units per acre). The Metropolitan Council has reviewed and approved the proposed amendment to the 2030 Land Use Map. The next step is the adoption of the proposed amendment by the City Council. The applicant is requesting a rezoning of the 46 acres from "SG" to a "PD" (Planned Development) designation that will include establishing the uses, area requirements, and performance standards for the planned development district, consistent with the proposed development. The planned development ordinance will address such things as a minimum lot size of 8440 sq. ft. and lot width of 65 feet. This is different than our typical "R-3" zoning district which has minimum lot area of 11,000 sq. ft. and lot width of 80 feet. A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to release the sand and gravel mining C.U.P. on the subject property. Staff will work with the developer and property with the amendment of the C.U.P. Mining operations will continue north of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. 157 Street should be extended from the Regatta Development through to Pilot Knob Road. Because this corridor will house sewer, water and storm sewer utilities, dedication of full right of way along the corridor shall be required. Also, a gap land, 15-19 feet wide, exists between the proposed development and the Regatta development to the west. Ownership of this property is currently in dispute, which could cause a snag in the final platting of the subject property and the ability to connect proposed 157 Street West with the existing roadway in Regatta. Johnny Cake Ridge Road will be extended from CSAH 46 to the northern extent of the plat. Left and right turn lanes from CSAH 46 to Johnny Cake Ridge Road will be required. Design and construction of the turn lanes will require coordinated with Dakota County. No drainage and utility easements have been identified on the preliminary plat. Utility and drainage easements abutting public street rights-of-way and centered on rear or side lot lines shall be at least ten feet wide or wider as may be required by the city. Drainage and utility easements should also be established over Outlots A, B, and C. Storm sewer pipes will be installed to collect water from lots in the subdivision and transport it to the storm water ponding area in Outlots A and B. Water quality provisions will be identified and incorporated into the reconfiguration of the pond. The applicant would like the City to consider the incorporation of the northeast corner of Outlot A with Outlot D, which would enable them to create three additional lots. They also show the addition of a small portion of Outlot A into Lots 13 and 14 of Block 1. Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Unplatted 56.64 acres Flat None NORTH SOUTH EAST WEST QUARRY PONDS PROJECT REVIEW Existing Conditions Located along the north side of 160 Street West (CSAH 46), west of Pilot Knob Road Part of the Southwest 1 /4 of the Southeast 'A of Section 35 "MD"(Medium Density Residential/6-12 units per acre) "SG" (Sand and Gravel) AND "P" (Institutional) Farmland and storm water ponding area No significant vegetation, the property is used for crop production storm water storage Fischer Sand and Aggregate Mining Operation Comprehensive Plan Zoning/Land Use Single-Family Residential in Lakeville Comprehensive Plan Zoning/Land Use Quarry Point Park Comprehensive Plan Zoning/Land Use "P" (Institutional) Regatta Residential Development Comprehensive Plan Zoning/Land Use "HD" (High Density Residential> 12 units per acre "SG" (Sand and Gravel) Low Density Residential - < 3 units per acre "RS-3" (Single-Family Residential) "P" (Parks and Open Space "LD" ( Low Density Residential/2-6 units per acre "PD-632" (Planned Development) Development Project Review Comprehensive Plan: The property is currently guided "MD" (Medium Density Residential/6-12 units per acre). "MD" land uses include townhomes, other attached single-family dwellings, and low-rise apartments and condominiums at densities that range between six to twelve units per acre. This designation fits with the "M-4", "M- 5", "M-6" (Multi-Family) and "PD" (Planned Development) zoning districts. The applicant submitted a request for an amendment to the 2030 Land Use Map to re-designate the property east of Johnny Cake Ridge Road from "MD" subject property "LD" (Low Density Residential/2-6 units per acre). A public hearing regarding this amendment was held on April 17, 2013, at which time the Planning Commission voted to recommend approval of the proposed amendment. The City Council reviewed the request at their meeting of April 25, 2013 and authorized submittal of the amendment to the Metropolitan Council. The Metropolitan Council has reviewed and approved the proposed amendment to the 2030 Land Use Map. The next step is the adoption of the proposed amendment by the City Council. Livable Communities Impact: The proposal will add 1 07 market-rate single family dwelling units to the City's existing housing stock, which is consistent with the Livable Communities Act. Zoning: Approximately 46 acres of the subject property is currently zoned "SG" (Sand and Gravel), which allows limited agricultural pursuits, including crop and plant production and commercial greenhouses and nurseries as permitted uses and sand and gravel mining as a conditional use. No mining has occurred on this property with the exception of some stockpiling and processing of black dirt in the northeast corner. The remainder of the site has been used for raising crops. The remainder of the site is zoned "P" (Institutional) and is the location of a storm water pond. The applicant is requesting a rezoning of the 46 acres from "SG" to a "PD" (Planned Development) designation that will include establishing the uses, area requirements, and performance standards for the planned development district, consistent with the proposed development. The City code defines a planned development as "an urban development often having two or more principal uses and having specialized performance standards relating to an overall approved development plan to provide for optimal land use relationship". The criteria for approval are as follows: • The proposed development is in conformance with the comprehensive guide plan of the City and encompasses an area of not less than 20 acres. • The proposed development plan is designed in a manner so as to form a desirable and unified environment within its own boundaries. • The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The planned development ordinance will address such things as a minimum lot size of 8440 sq. ft. and lot width of 65 feet. This is different than our typical "R-3" zoning district which has minimum lot area of 11,000 sq. ft. and lot width of 80 feet. A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to release the sand and gravel mining C.U.P. on the subject property. Staff will work with the developer and property with the amendment of the C.U.P. Mining operations will continue north of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. Preliminary Plat: The preliminary plat indicates that the subject property will be subdivided into 107 single-family lots and four (4) outlots. Included in this subdivision will be the dedication of local streets that will directly serve the individual lots within the development, as well as the dedication of the necessary right-of-way for Johnny Cake Ridge Road and the south half of 157 Street West, two collector streets, and the north half of the right-of-way for the existing CSAH 46. It is Public Work's expectation that 157 Street will be extended from the Regatta Development through to Pilot Knob Road. This corridor will also house sewer, water and storm sewer utilities. This will require dedication of full right of way along the corridor. Also, a gap land, 15-19 feet wide, exists between the proposed development and the Regatta development to the west. Ownership of this property is currently in dispute, which could cause a problem during the final platting of the subject property and the ability to connect proposed 157 Street West with the existing roadway in Regatta. Johnny Cake Ridge Road will be extended from CSAH 46 to the northern extent of the plat. Left and right turn lanes from CSAH 46 to Johnny Cake Ridge Road will be required. Design and construction of the turn lanes will require coordinated with Dakota County. Outlot A, an area identified as "City of Apple Valley" on the preliminary plat is the location of an existing storm water pond located on approximately 9.88 acres. The ponding area will be re-configured and extend east into Outlot B. Outlot C, a thirteen-foot wide strip of land located between Lot 11, Block 2 and Lot 1, Block 7 is proposed to be the location of a trial that will connect to the existing trail in the Quarry Point Park to the east of the plat. It will also be the location of a storm water sewer line. 2 Out lot D is a small piece of property sandwiched between future Johnny Cake Ridge Road, Street A and the city- owned property. The applicant would like the City to consider the incorporation of the northeast comer of Out lot A with Out lot D, which would enable them create three additional lots. They also show the addition of a small portion of Outlot A into Lots 13 and 14 of Block 1. No drainage and utility easements have been identified on the preliminary plat. Utility and drainage easements abutting public street rights-of-way and centered on rear or side lot lines shall be at least ten feet wide or wider as may be required by the City. Drainage and utility easements should also be established over Outlots A, B, and C. The proposed plat will abut CSAH 46, a road that is classified as an arterial street. Three lots will directly abut the right-of-way. The subdivision code requires that where a plat is located along a freeway, major arterial or other area which generates high volumes of noise, the subdivider shall be required to prepare a plan to provide noise abatement. The plan shall provide for the construction of earth berms, dense vegetation, walls or the combination thereof or similar means which shall be reviewed and approved by the City and required to be constructed by the subdivider as a part of the development of the plat. Staging Plan: The property is proposed to be developed the in two phases. The first phase will be the south 55 lots and the ponding area. The second phase will include the remaining lots. Staff has concern regarding access to several lots within the first phase east of Johnny Cake Ridge Road, and would suggest that Lots 1-9, block 5 and Lots 2-11, Block 6 be incorporated into the second phase. An alternative would be to incorporate Lot 1, Block 6 into the first phase and construct Street D all the way to 157 Street West. Staff would also like to see Lot 5, Block 1 incorporated into the second phase. This would avoid the need for a temporary turnaround at the end of Street F. Availability of Municipal Utilities: Extensions of existing utilities will be needed to serve this proposed development. Watermain will likely be extended to the west from Pilot Knob Road and be located in the 157 Street West right-of-way. Sanitary sewer will come from an existing line located along the north side of CSAH 46, which will be extended north along Johnny Cake Ridge Road. Storm sewer infrastructure will be installed to serve the site. Storm sewer pipes will be installed to collect water from lots in the subdivision and transport it to the storm water ponding area in Outlots A and B. Water quality provisions will be identified and incorporated into the reconfiguration of the pond. Public Works staff will work with the developer's engineer regarding detailed design and layout of street and utility related infrastructure. Pedestrian Access: Sidewalks, trails or pathways shall be provided in each plat in accordance with provisions of the City's pedestrian circulation plan. Sidewalks will be required along both sides of local streets within the development and pathways will be installed on both sides of future Johnny Cake Ridge Road and 157 Street West. A 13-foot wide area has been identified in the southeast corner where a pathway will be installed that will connect with an existing pathway in Quarry Point Park. This development is in an area where Dakota County is proposing to construct a section of the North Creek Greenway. This trail will connect the Vermillion River in Empire Township with the Minnesota Zoo and Lebanon Hills Regional Park. City staff met with Dakota County representatives to discuss the trail's alignment. It appears that an understanding has been reached that will take the trail west and north through Quarry Point Park and will cross 157 Street West east of the Quarry Ponds development. This proposed alignment was presented to the Apple Valley Parks and Recreation Advisory Committee and they voted to recommend the Quarry Point Park alignment as proposed by staff. As part of the North Creek Greenway, an underpass crossing 157 Street is anticipated north of Quarry Point Park. The necessary easements for the underpass along with installation of the underpass will be required to be incorporated into the construction of 157 Street. 3 Recreation Issues: The City's subdivision regulations provide for dedication of land or easements for the purpose of offsetting the need created by new development for new parks or storm water holding ponds. The regulations also provide for a cash-in-lieu of land dedication and is based on a "benchmark" land valuation for raw land. The plans do not propose any land dedication, therefore it will be expected that the developer will be proposing the cash option to meet their park dedication requirement. This proposal was reviewed by the Parks and Recreation Advisory Committee and they recommended the acceptance of a cash-in-lieu of land dedication with this plat. Dakota County Review: Because the proposed development is located adjacent to a County road, it is subject to review by the Dakota County Plat Commission. This preliminary plat was reviewed by the Plat Commission at their June 3, 2013, meeting. Attached is a letter from the Commission with their findings. Public Hearing Comments: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on an item the night of its public hearing. Attachments: Plat Commission Letter Zoning Map Location Map Preliminary Plat Comp Plan Preliminary Utility Plan 4 Preliminary Grading Plan Staging and Land Use Plan June 6, 2013 City of Apple Valley 7100 147 Street Wes Apple Valley, MN 55124 Re: QUARRY PONDS The Dakota County Plat Commission met on June 3, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 46, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat includes 107 single-family lots and two outlots. The needs are 200 feet of full right of way width for a future six-lane roadway. The plat shows 90 feet of right of way dedication on the proposed site. The plat needs to show an additional 27 feet of dedication (117 feet total) of dedication to meet the future right-of-way needs. Restricted access should be shown along all of CSAH 46 except for the one access opening for Johnny Cake Ridge Road. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 46 are 24,100 and are anticipated to be 42,600 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891'7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple VaIIey, MN 55124 ArAk3111404 'Var. o • :7;,40, • — 44,4vito wiligi 1111111 ONemapat... 4 a 1 4. 1 %t A litigi BOPS it I PA Maga Ear AEI itemlatamil 11111111111" Mph QUARRY PONDS EXISTING COMP PLAN DESIGNATION "LD" (Low Density Residential) "MD" (Medium Density Residential) "P" (Parks/Open Space) .13 1111 VINETiAr 10111FI&A rTiII P" .1171131 ti et __get evArififfti map al. .500 0 dads a la ms g 0 0'59 mogn I I C.G.0,41 1,14,145, 111,rcia, ;WTI I 1, ; 0 r <1.-ZZ-CK ci 0 z 0 03 T?, >11:1\id INIOci Aueivno A11VA 31dcIV JO A119 %- 111.1Z,GLON 693t a z 0 1 0 0 1 1 w (2 < < cL WZ 00 o— 0 < 5 /Luz H O zF O E m O ‹ O 0 w O z 0 z m o 0 • p O 0 O < UJ z z ' 0 0 • • • • • • • • • • • • • r- EARICE ZIOISIRDxa 0 z 0 c� CO z —J Z Z J W 8 M d U N 00 +9 D1646 " ELL46 — � so's6s OO +b TTo o se, 00 +66 Q /qty 00+ »i?:Ibd 1NIOd A2:1Hbf1O A] 31ddb JO Jk1IO 0 J ... 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Dear Planning Commission Members, The City needs to postpone the Public Hearing that is really turning into a closed meeting because a group of people are being excluded, barred from coming to the Public Hearing, the ones that own the Land between Regatta and Fischer Sand and Aggregate, Fisher Market Place. It is the Rechtzigel's that are being barred from the Public Hearing by the City, by Fischer Market Place, by Peter Fischer, by Fischer Sand and Aggregate, LLP and other encroaching parties with interests of maintaining their encroachments with restraining orders placed on Rechtzigel with the goal of keeping Rechtzigel off his property and away from the public hearings concerning and of interest to Rechtzigel and his property. The City was a party, an important party (at July 26th), 2012, in misusing restraining orders, a fraud of abuse was put on Rechtzigel and the City has a responsibility to remove them, or providing "Safe Harbor" for the Rechtzigel's, agents, and friends to attend the pubic hearing by way of a "Safe Harbor Court Order", isn't that right? Enclosed is the Rechtzigel Survey that provides the facts of ownership by Rechtzigel to the land that has been apart of his farming operations dating back to the mid 1950s, and the Minnesota Statutes 344.02 property fence line that is the property fence line that is "legal and Sufficient" and has always divided the ownerships of the land. The City of Apple Valley would appear strongly bias against the Rechtzigel's, if the City does not remove the restraining Orders or provide "Safe Harbor" to the Rechtzigel's and agents concerning the Rechtzigel land and this public hearing, right? Is this not a violation of the closed meeting law to exclude people, a violation of state law, federal law, and a violation of U. S. Constitutional protected rights of Due Process and Equal Protection, the 14th Amendment?? Are you not aware that the land in question is now before the United States Supreme Court now and these hearings should be postponed until after the United States Supreme Court has ruled?? t reply requ ‘ ste /# sfe; Gene Rechtzigel Pro 5 P.S. Again, are you not in violation of State and Federal law in excluding Rechtzigel and agents from a hearing you state in your letter saying, "All interested parties will be giving an opportunity to be heard at said time and place??" Jun 19 2013 08:31 AM Rex 952-432-7818 page 2 SURVEY* C FICAT1ON • •rp: C,,A, str4 LI • CS twr., P F , deer/oily Ord tab tefillh otu. To lett Vim onob40 of leo Goodegoo CLAIM 1 ,m) Or Was 54 sem al le Earg ageftl el Ogg Salim. Cured CE 12 of SW MIA SedJoe 35. Toorislio Wife 20. ortalrieto etre, meet or twos, szonligio Getworeent S., mord Emirs rte at RIEGOTS, Orem ertorrit, lidnete. And mew tha plei REGATI. 20,3 ADINRIOK Odra G a u n t W r i n g . W O . t o d o o a s t . = M M U S a 4 0 L g r fl o o r c i s d INS ird coodrio 10. 91 oats Sold atm* dm 0d WS a• .4•11 porde.* doolbal esitiime4 •.gobring o4 V C 4. Saves+ 3S, two AR. OS dooms Cf7 mend. 64 mom% Ens, *mow tiodm, d DUO ter Mono So woo foe of Asa Solon rdl rams SO. 19 Owen $7 Awes 42 womb En, s &Ow dab feel pogo co In noir d Odom Covey IWO 91 Wk. NO. IRO Kt (ruled iforfe OD dower 07 Woos. 50 sodo79 edgef .9 Ws .o Mow! Avow so mon on RN 1011 al 14111144TT4 2190 414.7.4 rows coelkeiro Ado sad ootl ow of Rao., iworo. ddLaoo i 172.73 rot, alone it lorepoili cone =MPS 10 geb egg. red. of ,01OXI hoo dem owtha.go sumo aid cal bee 0 mit! f aura Awed o *woe of 3.15 woo gorgeveigi orge ammo to ro aro goad a%e4u Amor SM. VI Ova 67 ~As 42 Nardi gm, done d KU, DM Ilet taut, kr al WO pra or REfIATIA IMAGE:1MM and 142Gtilo, detrea Sod') 07 deveds 07 retie DI add. We* a deer* el 711473 led 0. Su mod bit el $P64d REGATTA tr. Sotto JO dards egoggoo 4 42 moms Go, degirde of 46RAI deep coo mit ffel ef old OP of REGATTA, go ego eats. tom c SI REGATTA: aro Noll DO doom. 1251 rimed 14 =ono Poo, o ageormo 22134.911 lea dono we ma goo sod ow Pc44.7710. cadres sderes DI MOM; deem Myth St doper S7 efroses 23 Nomads Ewa owe to noo. fro ol eoo Curd d Sedan Xs deo. of 1S45 Inc mom 84441 OD ckqyois rm. 1$ stmr. Wee; • Odra 0 664M lex devett Sudb 06 dorm ebert rant; Ed. • &dery 64 2 f b rah Ire ead Sod.. Qum. 0 .120 lewd. Noel 00 dorms ft7 erre 43 mow. Wed. abee• er dub grief I eeill Seeneeew Cluederd Sec. 20, • digoence of 1861 07 00, di 0 0 , Pole LW4. 1 44SFITTIZ.Z.IggMalkFAIWIn !At Mee, ere dermal Sts UM Met , D.D. .011v The Wad are410 0 eve Srhatta Mawr fif lad Se I 14) and Oge Wesk 3D Well d Eed one-kr of 0416audememi Omer ti leg � W 4), WISdemon Tbreeeldip 115, Rafte tae6464010 ma. roe et eie. ma. Gaereedei Or, mood. svr et rt.e7P4 Land Boundary Survey Rechtzigel Farm d SW1'4 of Secdon 35, Ts nship 115 N, Range 20 W • 5 • 1 i>7; og so sr3r " • Jun 19 2 013 08:31 AM Rex 952 - 432 -7818 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED B E OR UNDER MY DIRECT SUPERVIS;ON AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. NAME: JAMES MICHAEL BRIDELL, PLS SIGNATURE Professional Firm Name: LE CR1PTION OF RECH ZI L F Warranty Deed No. 34 : May The West one-half of the Sou (W 112 of SW 1/4) and the West 30 a - of the 112 of SW 114 one -half of the So t Quarter (E 114), all in S , T ship 115, Range 20, ening 110 more or , : 6 1 1 0 the plat of Su - y • � �. � . � �: �.�� � of REGATTA► 2ND . � � !TI ©N. REGATTA, Dakota County, Minnesa , . _ ,,��... � :.:� .. and unreco .. � , This land � 'bed nty, Minnesota. Subject to all e tains 10.11 = - s. Saida • ; e de particularly de ed as iol .. �_ nning at the South nds East, a the line of r : . # County Right of Way Map No. 'S60 East along the - : line of Flag f: N A thence continuing along said ea ge ► :1 cu concave to the of said FI A ue a dista 950.00 f =- -- thence the s ' • ines of said p of R 07 minutes 51 .. s West, a th - w ' f th 89 deg , . 57 m of 18 north line of said •1 Ea the nce Nc Quarter of d Surveyor, Mirinesotc L cease 23266 v e Engineering & Surve ng :r. d d rof bearing, a d' s 57 minutes 42 plat of REGATTA, to the nds East, a di of REGATTA; page 3 ,-6.0 • of 3.15 ZTA cue t to the south tine of said ds W = . along said south l of 1851.67 feet, to the pant of inning. 42 2 35; thence N of 90.00 f - = along the a distance of 50.00 North 00 d on said plat of R Avenue a d' 1 • line _ :.d :� �; ..°` . � r' � continuing along con to the east, radius DATE 1 el as ha Volkert, etux To Frank R .00 a 00 deg =- s 07 min . 54 line of said on 35; to a pant on the north 07 mi , - - :- nds TrA 2ND j r TION; of 172,73 feet, along a oo (2- of etal. 69 d a 42 _ ; " ds East, a dista T1 4 N and REGATTA: 00 deg along the line of said plat of REGATTA East, a dista of .::.36 feet along the south fife of REGATTA; th : North 00 deg = - 02 rn east line of said plat of REGATTA, to the 57 mina « nds East al 15.95 f thence • 00 16 m of Mu ph Joan From: Sent: To: Cc: Subject: Attachments: Importance: Dear Ms. Murphy: Mary Gynild for Erick Kaardal Legal Assistant Mohrman & Kaardal, P.A. 33 South Sixth Street, Suite 4100 Minneapolis, Minnesota 55402 Tele: (612) 341-1074 Fax: (612) 341-1076 Email: n'ilcclaw.com Mary Gynild <Gynild@mklaw.com> Wednesday, June 19, 2013 3:40 PM Murphy, Joan Erick Kaardal TONIGHT'S Public Hearing on Proposed Rezoning of Planned Development Letter to Apple Valley Planning Commission 6 19 13.pdf High Please see enclosed letter regarding tonight's Public Hearing on Proposed Rezoning of Planned Development. This transmission is attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. 1 ERICK G. KAARDAL. Via Facsimile and Email Attention: Chairman Tom Melander MOHRMAN City of Apple Valley Planning Commission 7100 147 St. W. Apple Valley, Minnesota 55124 ATTORNEYS AND COUNSELORS AT LAW 33 SOUTH SIXTH STREET SUITE 4100 MINNEAPOLIS, MINNESOTA 55402 June 19, 2013 ERDAL, P.A. Re: Public Hearing on Proposed Rezoning of Planned Development Boundaries Disputed and Presently In Litigation Proceeding Instituted by Arcon Land II, LLC, et al. Dear Mr. Melander and Planning Commission Members: TELEPHONE: 612/341-1074 FACSIMILE: 612/341-1076 WRITERS E-MAIL: KAARDALPMKLAVV.COM I apologize that I cannot personally appear before you this evening on behalf of my client. Nevertheless, I ask that this letter be made part of the record and be shared among the Commissioners and other appropriate parties. You have provided notice for a scheduled public hearing this evening, on a request to rezone certain property from "SG" (sand and gravel) to "PD" (planned development). Arcon Land 11, LLC, Arcon Land III, LLC, and Fischer Sand and Aggregate, LLP instituted the instant proceedings. An indefinite postponement of the proceedings is requested until the boundaries affecting the rezoning are adjudicated in a court of law. Fischer Market Place, LLC, now a partner with the members who have instituted the instant Planning Commission proceedings, has been in continuing litigation with my clients, including the Evelyn I. Rechtzigel Trust, concerning the boundaries of certain lands as described in this Commission's Notice of Public Hearing. The fact that the Commission has scheduled tonight's hearing, leads me to believe that the Planning Commission may not be aware of my client's title registration application, Fischer Market's unsuccessful attempt to claim adverse possession to certain lands directly affecting my client's application, the continuing litigation, and the on-going appeals related to the district court's disposition of certain claims made by Fischer, the latest filed on June 17, 2013 to the United States Supreme Court. Fischer Market Place, LLC, Dakota County Court file no. 19HA-CV-09-5476, sought a claim to certain land under the legal theory of adverse possession. Although not part of its initial title registration application, Fischer sought the designation of boundaries that my client June 19, 2013 Page 2 disputed. In an amended order dated August 21, 2012, the court reserved the issue of Fischer's application and determination of boundaries to a "Parcel 2." But, in addition, in the Fischer application, a certain piece of land referenced as "Parcel 1" and identified in the Planning Commission's notice also may directly affect my client's current claim for title (Court File No. 19HA-CV-12-1547). It is important to note that despite Fischer's present claim to Parcel 1 and the adjudication of the trial court regarding Parcel 1, there remains an appeal to be had regarding the court's order. In other words, unless and until there is a final adjudication of the lower court's order there is a question regarding title to and/or boundaries of Parcels 1 and 2. And, it raises a question as to whether the Planning Commission should make decisions (or here, recommendations) on land the initiators may not have title to. At the present time there is a dispute as to whether or not the court's order and related issues are legally sound. Fischer's present attorneys have represented to various courts that the order regarding Parcel 1 and 2 (as subject to Fischer's lost adverse possession claim) is not a final judgment prohibiting my client from appealing the entire order for appellate court review. We dispute their position. But, if the Commission members were to take Fischer's view, if the court order is not final, then it means that at some point in the future it will become an appealable order. And if on appeal the appellate court finds the lower court misinterpreted the law and reversed the lower court's decision, any action now by the Planning Commission might in fact, be detrimental to my client and to the general situation. While I have not explored any possible liability on the part of the City, the Commission should at the very least seek a legal opinion from competent legal counsel such as the City Attorney's Office. Regardless, the Planning Commission should postpone the present hearing, as we request, until the final adjudication of the initial court order prosecuted in an action Fischer Market initiated (that is, upon the exhaustion of all appeals). At the very least, the postponement should occur until such time as the City's Attorney has reviewed all issues relating to the lands affected by the Plarming Commission's decision or recommendation. We also would request a copy of any opinion of the City Attorney to the Planning Commission to allow for comment. EGK/rng Please call me if you have any questions. Very truly yours, Erick G. Kaar a 1 Parcel 1 appears to be identified in the Planning Commission's Notice in the first paragraph citation to a land description — "the South Half (S1/2) of the Southeast Quarter (SE1/4) Dakota County, Minnesota." Agenda Item: Case Number: PC13-23-V Staff Reviewer: Kathy Bodmer CITY OF APPLE VALLEY PROJECT SUMMARY Dalseth Accessory Building Variance Jennifer and Pascal Da se Application Date: April 30, 2013 Meeting Date: June 19, 2013 Petition for: Two variances are requested that would allow the construction of a 24' x 16' (384 sq. ft.) accessory building with a 7' x 23' and 7' x 12' (245 sq. ft.) wrap-around deck at 4869 Dominica Way West: • A variance from the 75' "SH" (Shoreland) setback to locate the building 26' from the ordinary high water level of Farquar Lake (899.2' elevation). A variance from the 20' side yard setback to locate the building 5' from the side property line. Summary of The petitioners, Jennifer and Pascal Dalseth, 4869 Dominica Way West, request the variances to Issues: construct an accessory structure for storage of watercraft, including a boat, personal watercraft, and other sporting equipment. In addition, the plans show that a seven foot (7') wrap-around deck would be constructed on the north and east sides of the building. The subject property abuts Farquar Lake and lies within the "SH" (Shoreland) zoning district. The "SH" (Shoreland Overlay) zoning district regulations require a minimum 75' building setback from the ordinary high water level (OHWL) of Farquar Lake. The State of Minnesota DNR Shoreland Management Rules Chapter 6120, the State Administrative Rules upon which the City's SH zoning district is based, contains a provision that allows water-oriented accessory structures, if allowed by local government controls to be located closer than the 75' shoreland setback with several conditions. Shoreland management is the responsibility of local governments and local shoreland management ordinances may be more restrictive than the DNR rules. The City of Apple Valley's SH zoning district is more restrictive than the State rules and does not include an exception for water-oriented accessory buildings for boat and equipment storage. As a result, the Dalseth variances would need to be considered in light of whether the petitioner has met the "practical difficulties" test, not the State Shoreland Management Rules. The size and shape of the property along with the placement and angles of the home limits the potential locations for an accessory building on the property. The location the petitioners selected for the building is a flat area that is part of a tiered landscape area on the west side of the property. Staff is concerned that the side yard variance of 15' to place the building 5' from the side property line will negatively impact the adjacent property owner and is out of character with the neighborhood. DNR Review and Comments: The DNR Hydrologist for Dakota and Scott Counties, Jeffrey Berg, notes that the City's SH zoning district is currently more stringent than the DNR rules and the DNR supports the City's more restrictive requirements. Mr. Berg reviewed the variance request, using the DNR Shoreland Rules for water-oriented accessory buildings as a guide, and found that the request would meet most of the Shoreland Management rules with three exceptions: 1. The wrap-around deck would constitute a second structure and only one water-oriented structure is permitted. 2. The additional deck area causes the accessory building to exceed 400 sq. ft. 3. A boathouse must be used solely for watercraft storage and related boating items, which would not include a deck. 1 Variance In order to grant a variance, the City considers the following factors to determine whether the Considerations: 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. Definition of "Practical 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. The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. The size and shape of the property limits the location where an accessory building could be constructed on the property. However, it will be necessary for the petitioners to make the case that a water-oriented accessory structure will not merely serve as a convenience for the property owner, but is necessary to alleviate a practical difficulty on this property. Recommended If the Planning Commission finds that the petitioners have demonstrated that there are practical Actions: difficulties that would justify the granting of each variance, a motion approving each variance(s) would be needed along with findings for each motion. The Planning Commission may wish to use the same conditions the DNR uses when it allows water-oriented structures in shoreland areas. With that in mind, staff recommends that only one structure, the accessory building, be allowed in keeping with the DNR conditions and DNR Hydrologist's comments. In addition, staff recommends that the building be set back from the side yard a minimum of 20' in keeping with the requirements of the R-1 zoning district. If the Planning Commission wishes to recommend approval of the project, the following motions are suggested. 2 Recommended 1. The Planning Commission recommends approval of the following variance(s) to allow Actions the construction of a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way (Cont'd): West, subject compliance with all City Codes and the conditions as listed below: (Staff is recommending that the Planning Commission NOT recommend approval of the 7' x 23' and 7' x 12' (245 ' sq. ft.) wrap-around deck) a. A 49' variance from the 75' "SH" (Shoreland) setback to locate the building 26' from the ordinary high water level of Farquar Lake (899.2' elevation). b. A 15' variance from the 20' side yard setback to locate the building 5' from the side property line. (Staff is recommending that the Planning Commission NOT recommend approval of the side yard setback variance.) Conditions of Variance Approval: The structure shall be limited to 24 x 16' (3 84 sq. ft.) and shall not include a deck. The structure shall be located to meet the 20' setback from the side property line. • The maximum height of the accessory building shall be 10. • The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the City, assuming summer, leaf-on conditions. The accessory building shall not be used for human habitation and shall not contain water supply or sewage treatment facilities. The accessory building shall be used exclusively as a water-oriented accessory storage structure for watercraft storage, including storage of related boating and water-oriented sporting equipment. • The accessory building shall not exceed a maximum width of 20' as measured parallel to the configuration of the shoreline. Any other accessory structures or facilities which may be allowed by City Code must meet or exceed structure setback standards for the R-1 and SH zoning districts. 3 • The accessory building shall be located completely outside of the 100-year flood elevation easement area. No building permit shall be issued until a certified survey has been filed with the City depicting the 100-year flood elevation drainage & utility easement and the location of the accessory building on the site and its distance from the easement. • The property owners shall stake the boundaries of the 100-year flood elevation easement and maintain the stakes prior to and until construction of the accessory building has been completed. • The accessory building shall be constructed at a minimum elevation that provides a minimum of three feet of free board from the lowest opening of the building to the 100-year flood elevation. 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 Development Project Review 4869 Dominica Way West Lot 1, Block 1, HESLI ADDITION R-1 Single Family 40,000 s.f. Platted Lot Single family residential 32,570 sq. ft. (0.75 Acres) Landscaped urban lawn. NORTH SOUTH EAST WEST PROJECT REVIEW LD-Low Density Residential (0-6 units/acre) Gently sloping rear yard down to lake. Property abuts Farquar Lake and is located within the "SH" (Shore land Overlay) zoning district. Farquar Lake Comprehensive Plan Zoning/Land Use Water/Pond Lake/Pond Lot 6, Block 2, FARQUAR LAKE ADDITION Comprehensive Plan Zoning/Land Use Lot 2, Block 1, HESLI ADDITION Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use 4 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. Lot 8, Block 1, FARQUAR LAKE ADDITION LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. Introduction: Jennifer and Pascal Dalseth, 4869 Dominica Way West, request a variance from the 75 foot "SH" (Shore land) overlay setback to construct a 24' x 16' (384 sq. ft.) accessory building with a 7' x 23' and 7' x 12' (245 sq. ft.) wrap-around deck 26' from the OHWL of Farquar Lake (899.2' elevation). The petitioners wish to construct a "water-oriented" accessory structure which would be used to store watercraft and sporting equipment, SH Zoning District Requirements: The Dalseth property abuts Farquar Lake and is located within the "SH" (Shore land) zoning district. The City's zoning code states that the SH zone is a "zone on zone" district that provides more stringent regulations to provide environmental protection of protected waters. In the SH zoning district, structures must be set back a minimum of 75' from the ordinary high water level (OHWL) of the protected water body; the OHWL of Farquar Lake is the 899.2' elevation. The City's SH zoning district currently requires all structures to meet the 75' setback requirement. One exception exists in the City Zoning Ordinance which would allow "boathouses" to be constructed only within the protected waters of the lake provided a permit is granted by the DNR and a CUP is issued by the City. The DNR informed the City that these types of permits are no longer issued and as a result this provision no longer applies. No other exceptions are provided for water-oriented accessory structures in the SH district in the Apple Valley Zoning Code. The State of Minnesota DNR Shoreland Management Rules Chapter 6120, the State Administrative rules upon which the City's SH zoning district is based, contains a provision that would allow for water-oriented accessory structures, if allowed by local government controls within the 75' shoreland setback provided several conditions are met. Shoreland management is the responsibility of local governments and local shoreland management ordinances may be more restrictive than the DNR rules. The petitioners request the variance based upon the DNR rules. Because the City Zoning Code does not contain an exception for the water-oriented structure, the variance would need to be considered in light of whether the petitioner has met the "practical difficulties" test. 100-Year Flood Elevation: In addition to the OHWL elevation established by the DNR, the property also contains an easement for the 100-year flood elevation of 901.4' that is established by the City to allow for stormwater storage. Structures must be constructed with a minimum of three feet of "freeboard" to the lowest opening to prevent flooding. In other words, the lowest opening of the building would need to be set at a minimum of 904.4'. Alternative Locations: The size and shape of the property along with the placement and angles of the home limits the potential locations for a water-oriented accessory building on the property. The east corner of the home is located at the minimum 75' setback from the OHWL with the shoreline angling to the northwest more severely than the home. Only a very small buildable triangular area remains immediately in front of the northwest corner of the home which does not appear to be able to accommodate a 400 sq. ft. building. The Dalseth's home is located 22' from the west property line and 26' from the east property line. With a minimum side yard setback requirement of 20', there is not enough room to construct the building in either side yard. Lastly, constructing a water-oriented accessory structure in the front yard is not an option because it would be out of character with the neighborhood and would not be useful for watercraft storage. Other Detached Buildings on Farquar Lake: Further analysis was done of residential properties abutting the three designated recreational development lakes. A total of 69 residential properties abut the three lakes, including Lake Alimagnet, Long Lake and Farquar Lake. On Farquar Lake, two detached garages are located closer than 75' from the OHWL, A 480 sq. ft. pole garage was built at 4885 Dominica Way West approximately 67' from the OHWL in 1977. An 840 sq. ft. detached garage was constructed at 13000 Pilot Knob Road 62' from the OHWL in 1979. Both detached garages were constructed prior to the enactment of the SH zoning district in 1988 so they would be classified as legal non-conforming uses. The other detached buildings located on parcels adjacent to Farquar Lake all appear to meet the setback requirements. Alimagnet Lake Gazebo: At the Planning Commission's May 15, 2013, meeting, the petitioner mentioned that a gazebo is located in the rear yard of a property abutting Lake Alimagnet in Apple Valley. The owners of the property at 431 Reflection Road obtained a variance from the City to construct a 218 sq. ft. gazebo 10' from the Lakeshore and 5' from the side property line in 1979, well before the enactment of the SH zoning district regulations in 1988. Neighboring City Shoreland Requirements: The Shoreland Management Ordinances of neighboring communities were reviewed. The City of Burnsville allows one water-oriented accessory structure in its SH zone provided the building is no taller than 10', no larger than 120 sq. ft., and must be set back a minimum of 20' from the OHWL and 10' to the side property line. In Lakeville, water-oriented accessory structures must meet the setbacks of the principal structure. In Bloomington, one water-oriented accessory building no larger than 250 sq. ft. or one utility building no larger than 120 sq. ft. is permitted. The maximum height for an accessory building is 12'. In Minnetonka, one water- oriented accessory structure is permitted within the shoreland area provided it is no larger than 120 sq. ft. and 10' in height and not used for storage of watercraft. Attachments: 1. Petitioner Letter 2. DNR Letter 3. Location Map 4. Zoning Map 5. Lot Survey 6. Site Plan 7. Building Elevations and Floor Plan 8. Survey of 100-Year High Water Elevation 9. Excerpt Chapter 6120 DNR Shoreland Management Rules 5 May 31st, 2013 Community Development Department City of Apple Valley Dear Planning Committee, Practical Difficulties Test: 4869 Dominica War Apple Valley, MN 55124 Phone: 952-4234856 E-Mail: jenn_pascal@yahoo,com We would like to request a variance to construct a water accessory structure within the 75 ft setback from the 100-year high water mark. We are also requesting that the structure sit 5 ft from the property line as is typical for an accessory building less than 120 square feet. The following will highlight project details and address how the proposed structure falls within the standards of the three-factor practical difficulties test; the test used to determine if a property owner qualifies for a non- use variance. 1. Owner proposes to use the property in a reasonable manner. The intended use of the structure is to provide additional storage space for a boat/trailer, personal watercraft and other water-oriented sporting equipment. It will occupy an area of 400 square feet and 16 ft will be parallel to the shoreline. The plan meets the guidelines set forth by the DNR's shore land management rules. We also believe that storing these materials in a building is a better alternative to storing the equipment in the back yard or driveway. 2. The landowner's problem is due to circumstances unique to the property not caused by the landowner. The 75-foot setback is the location of our home. The lot is a pie shape getting substantially narrower as you approach the street from the lake. The boathouse would not be able to be placed at the setback because it would then encroach on the 5-foot setback from the property line and obstruct walkways. 3. The variance, if granted, will not alter the essential character of the locality. The structure will not be out of scale, out of place, or otherwise inconsistent with the surrounding area. As the plan has noted, the accessory structure will be respectful of the architecture of our home. The boathouse design and location was a collaboration between the homeowners, a landscape architect, and a residential architect. We wanted to ensure that the building met the following criteria: In summary, the proposed structure and placement will enhance the aesthetic of both our property and the adjacent property with the material, location and architectural thoughtfulness. Thank you for your time and consideration. Have a wonderful day. Sincerely, Jennifer and Pascal Dalseth 2 a. The design of the building looks as if it belongs on the site by using high quality materials that come from the land. b. The structure was placed in the least obtrusive location from our view, the neighbor's and any individual viewing from the lake. We chose this particular location because of the topography of the land. The building will be nestled behind several bushes, 3 large oaks, and several silver maples. The adjacent lot sits much higher and will allow the neighbors to look over the building versus at the building. If it sits 20 feet from the property, all views: lake, neighbors and homeowners will be affected. c. Improve and screen the views from our home to the neighboring property. It will serve as a screen from the adjacent properties aesthetic impact on our property. It is a barrier between the 30- foot RV, garbage and 4 inoperable/abandoned vehicles that sit directly on the property line. April 22nd, 2013 Community Development Department City of Apple Valley Dear Planning Committee, 4869 Dominica Way Apple Valley, MN 55124 Phone: 952-4234856 E-Mail: je.nri_pascal@yahoo.com We would like to place a boathouse within the 75 ft setback from the 100-year high water mark. The following will highlight project details and address how the proposed boathouse meets the DNR's shore land management rules. In addition, the proposed boathouse will enhance the aesthetic of the property, adjacent property and views from the lake. As we enter into this project our goal is to provide additional storage space for a boat, personal watercraft, and other water-oriented sporting equipment. Item 6 of the DNR's shore land management rules state: As an alternative for general development and recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Our boathouse will occupy an area of 400 sq ft and 16 ft will be parallel to the shoreline. We also have a great respect for the beauty of our property and the lake views. The proposed boathouse's architectural detail will enhance the views from the lake and from neighboring properties. We worked with an architect to develop a plan that is very thoughtful of the site and design. The structure mimics the architecture and materials of our home. The design goal of our home was to create a house that looks like it belongs on the site using high quality materials that come from the land. As you can see from the preliminary design the boathouse also achieves this goal. In summary, the proposed structure will enhance the aesthetic of both our property and the adjacent property with our selection of material, location and architectural thoughtfulness. Thank you for your time and consideration. Sincerely, Jennifer and Pascal Dalseth Bodmer, Kath From: Sent: To: Cc: Subject: Kathy, Regards, If you have question or comments of this review let me know. Jeff Berg Hydrologist DNR Division of Ecological and Water Resources 1200 Warner Road Berg, Jeffrey J. (DNR) <jeffrey.berg@state.mn.us> Wednesday, May 08, 2013 9:18 AM Bodmer, Kathy Jennifer Riley Dalseth (jenn_pascal@yahoo.com) DNR Review of Variance Request 1 As requested, below are DNR comments regarding the proposed variance for the Dalseth property along Farquar Lake. We understand that the City of Apple Valley does not have a provision for Water Oriented Accessory Structure in your ordinance. Therefore the proposed structure does not meet the 75 feet setback, and a variance is needed. Note that DNR is supportive of more restrictive ordinances that provide additional protection for water resources of the community. With this in mind, we believe the City should evaluate this variance for conformance with the State Shoreland Management Rules (MN Rule 6120). We review this proposal with respect to 'Accessory Structures' within the State Shoreland Management Rules, (6120.3300 Subpart 3 H), and find that this proposal meets these requirements in most respects including,. • The structure setback is greater than 10 feet landward of the OHW of Farquar Lake. The boathouse dimensions and square feet are substantially compliant with the State Shoreland Rule. It could be argued that the structure width parallel to the shoreline is 24 feet, however the boathouse is 394 square feet, and under the 400 square foot threshold for Recreational Development lakes. • Though it is not noted in the plan, the structure height should be <10 feet in height. • - fhe structure appears to include architectural material treatment to reduce visibility as viewed from public waters and adjacent shorelands. This should also include vegetation plantings to mitigate the view of the structure for the water. However the addition of the deck does not comply with the Shoreland Management Standards and should not be allowed for the following reasons. • The additional deck area will exceed 400 square feet of structure. • A deck is also a structure, and only one accessory structure is allowed. • A boathouse must be used solely for watercraft storage & related boating items, which does not include a deck. For any variance, DNR is supportive of requiring mitigation to offset the variance. This could include items such as; buffer plantings, stormwater management features, vegetation screening and others. DALSETH ACCESSORY BUILDING VARIANCE LOCATION MAP FARQUAR LAKE DALSETH ACCESSORY BUILDING VARIANCE ZONING MAP i a t # Shor l nd District 0 Denotes iron monument • Denotes found monument x 000.0 Denotes existing elev. (000.6) Denotes proposed elev. Etre Denotes e3dsting and proposed Denotes surface drainage DEMARS—GABRIEL I LAND SURVEYORS, INC. 1 6875 WASHINGTON AVE. SO. SUITE 209 1 Edina, MN 55439 Phone: (763) 559-0908 Fax: 63) 559-0479 Sam MIL ifts..97.141 D0iG. David E Crook Date: Octot, 27. 2912_ PDF created with ndfFactory trial version www_oriffactorv_com \ ma 1 \ \ \ 1 \ -.. -\ \ , -,- ,„. \ \„, - \ \ ,,--' I k ',,,, v N :',.,, 1\ V \ ,..5 \ \ \ \,,,,,' :t ,), \ \ \ , \ \ , \ \\ \ ," -s.. \ \ 4t, 4, \ ' \ s I N \ N \ ' V \ N. 1 \ \ _ - v .,; \ , / \ .. \\,, \ 1 I --,`" / 9x tr :: '\ ttvdn. ', ii flevution.915.67 1 S 814 .P. Son. UAL faraw989.49 S3 Sam Mti. Riar4MUM Mv..60.3/ Minn. Reg. No 22414 / 7 Benchmark Top Nut Hydrant ae shown Devotion-915.67 Re hereby certify that this survey, plan or report was prepa No. red by me PREPARED FOR: or under my direct superviskm and t39 am a duly Regisrtered Land 14044 C Surveyor under the Lowe of the State ofMinnesota. Dook—Poge 433/41 scale Contour) Adjacent House Adjacent Garage LEGAL DESCRIPTION: Lot 1, Bloc* 1, HESLI ADDITION AREA: 32,570 SQ. Fr. 0.75 ACRES V^^ ---•^^.^- ^4- •-^-, == CO es 0 a 4 a D 1 D D a D D D D D 1 4 4 4 At\ _A 4' • NolionuisNoo HO A S1 ION O0 NINO ESOciLlrld MEIAal CINV ONIOOIS O4 • NDIS3C1 AUVNIIAII138d 4' 4 = VL - T, 2'57 54.1-V • ..1 /,'V V2INV i,,'Pei 30N3a1S31:1 ROSIVG '2ri,<-1,141ro arSS ,, , ,, ...ti '411,.umu 1 1 . 00. . '',:iiiill'ilio • L -JLE J . fly uaIJ D 1 D D a D D D D D 1 4 4 4 At\ _A 4' • NolionuisNoo HO A S1 ION O0 NINO ESOciLlrld MEIAal CINV ONIOOIS O4 • NDIS3C1 AUVNIIAII138d 4' 4 = VL - T, tiC U w I 4 6120.2500 DEFINITIONS. EXCERPT Subp. 2. Boathouse. "Boathouse" means a strut re desi gned and used solely for the stora ge of boats or boating equipmen CHAPTER 6120 DEPARTMENT OF NATURAL RESOURCES SHORELAND MANAGEMENT RULES Subp. 20. Water-oriented accessory structure or facility. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 6120.3300 ZONING PROVISIONS. Subp. 3. Placement and height of structures and facilities on lots. When more than one setback requirement applies to a site, structures and facilities must be located to meet all setbacks. The placement of structures and other facilities on all lots must be managed by shoreland controls as follows: H. Accessory structures and facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: (1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. (2) The setback of the structure or facility from the ordinary high water level must be at least ten feet. (3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. (4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. (5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (6) As an alternative for general development and recreational development waterbodies, water- oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (7) Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. West side of property — tiered landscape area. Building site area looking west. Front of home. letter Dalseth Accessory Building Variance Apple Valley Planning Commission Meeting June 19, 2013 Requested Actions Two variances to allow construction of 24' x 16' (384 sq. ft.) accessory building with 245 sq. ft. wrap- around deck. 1. Variance from 75' "SH" (Shoreland Overlay) to locate the building 26' from the OHWL of Farquar Lake. 2. Variance from the 20' side yard setback to locate the building 5' from the side property line. 6/21/2013 1 Location Map 4869 Dominica Way West Zoning Map "R -1" (Single Family, 40,000) and "SH" (Shoreland) FARQUAR - >. LAKE 6/21/2013 2 / As:, it T priiposed Accessory Bldg Site Plan DALSETH RESIDENCE 4Sre baraLIZA way Arikataat 6 /21 / 201 3 3 Elevations 6/21/2013 4 Shoreland Management • City "SH" district based upon State of MN DNR Shoreland Management Rules Chapter 6120. • Shoreland management is the responsibility of local governments. • Local governments may be more restrictive than DNR rules. • City's SH zoning district 75' setback from OHWL has no exception for "water- oriented structure." DNR Shoreland Management Rules 6120.3300 ZONING PROVISIONS. Subp. 3. Placement and height of structures and facilities on lots. H. Accessory structures and facilities. All accessory structures and facilities, except those that are water - oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water - oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: 6/21/2013 5 DNR Shoreland Management Rules — Definition of "Water- Oriented Structures" Subp. 20. Water- oriented accessory structure or facility. "Water- oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. DNR Shoreland Management Rules Water- Oriented Structure Requirements 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet. 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. 6/21/2013 6 DNR Shoreland Management Rules Water- Oriented Structure Requirements 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. DNR Shoreland Management Rules Water- Oriented Structure Requirements 6. As an alternative for general development and recreational development waterbodies, water- oriented accessory structures used solely for watercraft storage, and including storage of related boating and water - oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. 7. Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. 6/21/2013 7 DNR Review & Comments 1. The wrap- around deck would constitute a second structure and only one water - oriented structure is permitted. 2. The additional deck area causes the accessory building to exceed 400 sq. ft. 3. A boathouse must be used solely for watercraft storage and related boating items, which would not include a deck. Other Cities nsville Bu Lakeville Bloomington Minnetonka Prior Lake No >120sf No taller than 10' Set back minimum 20'.OH WI No exceptions for water- oriented accessory structures Must meet setbacks of principal structure No> 250 sf Or 1 utility building no > Maximum height 12' No> 120 sf Max height 10' No storage watercraft No> 120 sf Max height 10' 6/21/2013 8 Practical Difficulties Definition of "Practical 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. Practical Difficulties Factors to determine "Practical Difficulties ": • 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; • The granting of the proposed variance will not be contrary to the intent of this chapter; • The special conditions or circumstances do not result from the actions of the owner /applicant; 6/21/2013 9 Findings for Variance Motion 1. If the Planning Commission finds that the petitioner has established that there are practical difficulties present and wishes to recommend approval of the variances, it should indicate its findings for this request: a. Finding #1 b. Finding #2 Planning Commission Motion The Planning Commission recommends approval of the following variance(s) to allow the construction of a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way West, subject compliance with all City Codes and the conditions as listed below: [Staff is recommending that the Planning Commission NOT recommend approval of the 7' x 23' and 7' x 12' (245' sq. ft.) wrap- around deck.] • A 49' variance from the 75' "SH" (Shoreland) setback to locate the building 26' from the ordinary high water level of Farquar Lake (899.2' elevation). • A 15' variance from the 20' side yard setback to locate the building 5' from the side property line. (Staff is recommending that the Planning Commission NOT recommend approval of the side yard setback variance.) 6/21/2013 10 Conditions of Approval The structure shall be limited to 24' x 16' (384 sq. ft.) and shall not include a deck. The structure shall be located to meet the 20' setback from the side property line. • The maximum height of the accessory building shall be 10'. • The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the City, assuming summer, leaf -on conditions. Conditions of Approval The accessory building shall not be used for human habitation and shall not contain water supply or sewage treatment facilities. The accessory building shall be used exclusively as a water - oriented accessory storage structure for watercraft storage, including storage of related boating and water - oriented sporting equipment. The accessory building shall not exceed a maximum width of 20' as measured parallel to the configuration of the shoreline. 6/21/2013 11 Conditions of Approval • Any other accessory structures or facilities which may be allowed by City Code must meet or exceed structure setback standards for the R -1 and SH zoning districts. The accessory building shall be located completely outside of the 100 -year flood elevation easement area. No building permit shall be issued until a certified survey has been filed with the City depicting the 100 -year flood elevation drainage & utility easement and the location of the accessory building on the site and its distance from the easement. Conditions of Approval • The property owners shall stake the boundaries of the 100 - year flood elevation easement and maintain the stakes prior to and until construction of the accessory building has been completed. • The accessory building shall be constructed at a minimum elevation that provides a minimum of three feet of free board from the lowest opening of the building to the 100 -year flood elevation. 6/21/2013 12 Questions? 6/21/2013 13 6/21/2013 14 6/21/2013 15 6/21/2013 16 e II City of Appl Valley TO: Chair and Planning Commission Members FROM: Kathy Bodmer, Planner MEETING DATE: June 19, 2013 SUBJECT: Enterprise Rent-a-Car Sketch Plan Review MEMO Community Development 71A Enterprise Rent-a-Car at 15136 Galaxie Avenue wishes to expand its parking lot in order to provide more customer drop-off parking spaces in the front of its building. Currently, customers park on the west side of the site which has a limited number of parking spaces. In PD-254, the parking setback from the side and rear property line is 5' and from the right-of-way line of Galaxie Avenue is 20'. The parking lot is currently 2.3' from the west property line, 2.4' from the south property line and 3.8' from the right-of-way line of Galaxie Avenue. The petitioner would like to extend the southern curb of the drive entrance to align with the existing southern curb line of the outdoor storage area. This would expand the parking area by about 880 sq. ft. and provide approximately five additional parking spaces. Because the property is located within a Planned Development zoning district, the petitioner must obtain a code amendment in order to reduce the setback requirement. Variances cannot be issued for properties zoned PD. Recommended Actions: No official action is requested. The petitioner is considering applying for the necessary code amendment and would like to discuss the project with the Planning Commission. ENTERPRISE RENT -A CAR PARKING LOT PD AMENDMENT ENTERPRISE RENT-A- CAR PARKING LOT PD AMENDMENT wriii• BO dh_41,,, ,A,Fira . Ai liCiw411 OP 14,-, ti It4 N I CV °111 :17" 1 " 1 ,41 .ii jr *A l t 7AC IP :!i r .adi fi rill6al l i „.„,. aw. 4..mddift* 'ItiLginikspaiPt. iLWP Amirlintlegium ..., ll i c iv . 01, L N t 4 1 , n —awis e. tvapvq .... d k ENti, «� � c.- r D w O LLI L � 44„ 5X,f1.005 1 0'0LZ 3M7 )1Y3dO&1 30 1 S3M , f Z S/ B2/nn 30 )0 0'8 �O } 3,5X,r1.00N ° 1 6 Df1NDAV �IXV1`dD H W w w m J Z p 2 Lki O a - < = h 0 O > d (/) O U) Cn F- W Q 0 W Z Z ) ) Z z W W d O U > > > 2 D W )0 0) W Lj _ Q _ � J 0 O CC Z 0 d ot Z � JZ Q W U? W W O -) O 0 z O h 268 ZONING CODE EXCERPT PD -254 Apple Valley - Land Usage ,Zone 1 Zone 2 Requirements'' Minimum Lot Dimensions Lot area (square feet) Interior 15,000 20,000 Corner 17,250 23,000 Lot width (fronting principal, arterial or community 150 200 collector street) Interior 100 100 Corner 115 115 Minimum Building Setback Along principal or arterial streets 40 40 Along community collector streets 40 40 Along all other streets 30 30 Side lot line 10 10 Rear lot line 15 20 Minimum Parking Setback Along all streets 20 Side or rear lot line A utting • ne- ami y e e e . • u u 20 Driveway setback from principal or arterial street Maximum Building Coverage Coverage of lot (percentage) Maximum Building Height • ..:e.{;8at�✓k >.d.A,'C:�ANk�x"r. � %�YOr ° %:%s�;h��; art :.;,' : : :r.,...: la .>... ' .: ....'?r•L „k'F .. :"' 4 � ....::'... . >: TRWzf ri :. oni . .,r. Fimni...i'snz4aTi U'S'GggWiRwIR oice; /.. ",R . Enterprise Rent -a -Car Parking Lot Sketch Plan Apple Valley Planning Commission June 19, 2013 Location Map 15136 Galaxie Avenue 6/21/2013 1 6/21/2013 2 6/21/2013 3 6/21/2013 4 CITY OF Apple TO: FROM: DATE: SUBJECT: Community Development Department Chairperson and Planning Commission Members Thomas J. Lovelace, City Planner May 31, 2013 Placement of Outdoor Collection Bins in the City CASE NO.: N/A — Planning Commission Discussion Item AGENDA ITEM: 7/E MEMO For your review and discussion is a request from USAgain regarding possible changes to the City's zoning code to allow for the placement of recycling collection bins in the City. USAgain is a for profit clothing recycling business that collects unwanted textiles and resells them in the U.S. and abroad. The company will offer a small compensation to business/property owners who allow the bins on their property, which is about 1-2 cents per pound for the clothing. They distribute some of the clothing to secondhand clothing outlets such as thrift stores; some stays in the United States and some are sent overseas. Any non-reusable clothing is recycled into insulation or wiping rags or broken down into reclaimed fiber. The company is headquartered in Chicago with 11 division offices and operates over 10,000 collection bins in 15 states. Back in 2009, an Apple Valley resident approached the City with a request to place one or two USAgain recycling boxes at the Walmart store. At that time staff provided the following information, which remains relevant: • This type of use is neither a permitted, conditional, nor permitted accessory use. • The City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. Because the collection bins would be placed by and owned by some other organization than the occupant of the property, it would not likely meet the requirements set forth in a conditional use permit for an outdoor display. • City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property. It is clear however, that the • City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. • Section 155.375 of the zoning code prohibits open storage of goods in or upon off-street parking areas in commercial districts. Therefore, the placing the boxes within a parking lot of the business would be clearly prohibited. • Section 155.348 (B) of the zoning code requires all exterior storage within any business district to be screened. Therefore, if a collection bin were allowed, it would be considered outdoor storage and would have to be screened. As it was in 2009, the placement of a clothing recycling bin within the city will require an amendment to the zoning code. USAgain has provided a draft ordinance for the City to consider. As background information, staff has included information from USAgain and the minutes from the Planning Commission meeting of April 1, 2009, when the earlier request was discussed. Recommended Action: No official action is needed. The applicant is seeking input from the Planning Commission. Dear Tom Lovelace I thank you for the opportunity to write this letter and to be at your upcoming Planning meeting. Last year USAgain diverted 11 million pounds oftextiles Iocally. Recycling is a good thing and currently only 15% of textiles is recycled and 85% goes to landfills. We do about 1 million pounds of textile recycling a month in Minnesota and we are on track to do 14 million pound this year in Minnesota. The textile reclamation industry employs 85 times more workers then landfills on a per ton basis. We would like to continue to create more jobs, increase recycling and provide resource sharing to business, schools and nonprofits in your community. Tina Patton a solid waste planner for the MPCA recently said that in surveys people who do not recycle say they don't because of a lack of opportunity or because it is inconvenient. Government and industry are constantly working to make recycling more convenient, Patton said, citing an example ofthe bins shaped like big pop bottles placed at gas stations. By Stephanie Hemphill MPRJonu 7 2013. I realize your first concern is the citizens of Apple Valley and in a 2009 Nielsen survey showed 80% of citizens are concerned about the global environment and over haif have changed their daily behavior. Every pound of textiles collected prevents the emissions of 7 pounds of CO2. We would encourage you to not force the citizens to put their textiles into landfills when there is a free service that does not cost and actually gives back. Apple Valley has a population of 49,084 and every person on average throws away 70 pounds of textiles per year, which equals 3,435,880 pounds going to a landfill every year just from Apple Valley Many things have changed sense 2009, we now have 2400 bins, dedicated customer relations, dedicated government relations, dedicated transportation manager, dedicated route specialist, 24 hour a day answered phones, 24 hour response time for overages. The City of Apple Valley knows outdoor bins are effective and efficient as they utilize them in their municipal parking lot currently. We are asking to place bins in the same fashion in select locations for textile recycling. | have attached an ordinance we have introduced in hundreds of cities along with our community recycling information. Sincerely Bradley C. Berg Government Relations AN ORDINANCE ESTABLISHING REGULATIONS CONCERNING COLLECTION BINS WHEREAS, the CityNillage of "City/Village" has determined it to be in the best interests of the public health, safety, durability, morals and general welfare of the citizens of the "City/Village" to amend the City Code of Ordinances to establish regulations pertaining to collection bins. Now, Therefore, Be it Ordained by the City Council of the City/Village, pursuant to its powers, as follows: Section 1. The Zoning Ordinance is amended by adding the following language to A rticle/Section : Collection Bins: A receptacle used for the collection of various items for recycling or re-sale including but not limited to the following: clothing, shoes, textiles, books and small household items deposited by the public for redistribution or re-sale. ##.11#: Permitted Accessory Uses: a. Collection bins shall be permitted to be located in the commercial Zoning Districts or on properties in residential districts that are occupied by an educational, religious, governmental or charitable use. b. The bins shall only be placed with the permission of the property owner or other person with such authority and on properties that contain an existing and operating permitted or special use. c. Each bin shall not exceed seven (7) feet in height and twenty five (25) square feet in ground area. d. The bins shall be located on a parking lot or other paved surface or adjacent to the building. e. The bins shall not be within 15 feet of the front property line, reduce the width of paved clear space for the passage of pedestrians to less than five (5) feet, be located within five (5) feet of a Fire Department connection, utilize any required parking spaces or disrupt the flow of vehicular or pedestrian traffic. f. The bin shall include language discouraging the placement of items outside of the bin. g. The "Company" name and phone number of the bin's owner and operator shall be posted on the bin. h. The owner and operator of the bin shall maintain and provide proof of $1 Million dollar General Liability insurance policy for each location where a bin is placed or operated. i. Items left outside the bin shall be collected and removed within 24 hour notice provided to the owner and operator of the bin. Failure to do so on three or more occasions in any calendar year may result in penalties as determined by Code Enforcement. Section 2. Prior to the placement of any bin(s) within the City/Village the owner/operator of the collection bin(s) shall submit a letter application to the City/Village providing the following information: a. Company Name, address and contact information for the owner and operator of each bin to be located in the City/Village. b. Address of the property where the bin(s) will be placed. c. Written evidence of permission to place the bin on the property signed by the property owner or other person with such authority. d. Proof of insurance for each location and bin. e. Aerial snapshot of site providing indication of proposed location for collection bin. f. 24-hour contact information in the event of overflows, debris or other issues. mane y grey y�{ m 4�ni According to a 2009 Nielsen survey, 80 percent of citizens are "concerned about the global environment," while over half of respondents claim to have changed their dal behavior in the past six months to address Ornate change.' Consumer Concern About the Global Environment By working with USAgain, you can raise your municipality's green profile, provide residents a free, convenient and desired textile recycling service, cut waste disposal costs and create a source of revenue for your municipality all at NO COST, NO WORK, NO LIABILITY, while receiving our FULL SERVICE. 'Source: http:/Aqww,go ebler.comtNews/Smail-Businesslviczrketit g/Consumers-prefer-green-optionS, - Survey - says - 7 9304880.h tm Of the 12.7 mi.lion tons of post onsumer textile waste generated in 2009, o 1,9 million tons (15%) were collected for reuse and recycling,' The remaining 85% of reusable clothes were trashed and landfilied. The average city pays to discard nearly 3,000 tons of textiles in landfills every year Recent studies in Illinois and New York show that 10% of urban residential waste now consists of textiles, USAgain has be n successful in providing free sustainable programs that not only save municipalities money, in fact, we share revenue with our partners. hat you do with the revenue is up to you. In 2010 USAg • in collecte • 56 million pound c1 0 th s an shi s, thereby reducing municip aste. This is equivalent to taking 50 garbage trucks off the road for ne full year. - ROBERT J. MILLER Highwa Commissioner, Algonquin Township, IL 'Source: LIS FT 2009 Municipal Solid Woste Report 'Source: http://wwwillinoisrecydes.org/pcifOles/ICWCGSReport052209,pdf ource: http://www,nyt itnescorn/2010/04/12/nyreg fon/12.recyclehtml 1 USAgain operates for people, for planet and for profit. We collect unwanted clothing, shoes and household textiles through conveniently placed collection bins in order to divert them from landfills. Our bins are typically placed in parking lots of shopping centers, city and community recycling centers, schoo s and churches. Every week we divert 1 million pounds of textiles from landfills. USAgain redistributes the discarded gent! used clothes we collect to places where there is a great need for these items, supporting the local and global economy in the process. About half of our collections are resold in the US. Non-reusable clothes are recycled into insulation, wiping rags, or are broken down to reclaim fiber. By exporting textiles to struggling countries we generate revenue, create green sector jobs here in the US, and help to improve the vvelrbeing of people in America and around the world. USAgain is assisting rnunicipahties and states with regulations and best practices th preserve the long term integrity of the recycling industry. USAgain works to address your concerns about prot consumers through proper disclosure on the bins and preserving the dean took of our community. e w Imo u s a a. n • Ity,) m o As leaders in our industry, USAgain is committed to your total satisfaction as a program partner.' hat's more, we use innovative practices that make this p?-gram No Cost No Work - No Liability - all while receiving our Reliable Service. We provide these services at NO COST to you: USAgain branded, user-friendly bins in a convenient size of 4 4'x 6' USAgain branded fleet of vehicles for service and maintenance USAgain is a 100% employee-based company with professionally trained staff 24/7 hotline answered by live operator Fully insured employees and equipment Workers' compensation coverage .„,1 million in liability coverag,_ $1 million in vehicle coverage $1 million in property damage coverage Each bin is monitored using sophisticated database tools USAgain provides quarterly waste diversion reports and revenue share checks Full service website with personal partner login tt, , , , ,gegabk itir / cl othing of eave re ouses in 1 1 s Li sa vAvv-0,,,usagain,coni . 02 The clothing is pressed into half-ton cubes for transport. Since 19 9 USAgain has been providing Americans with clothes collection solutions from coast to coast and enjoys the support of a long list of satisfied municipalities, schools, non-profit organizations and businesses. With our 24-hoi r service guarantee, you can rest assured that every concern will be addressed promptly and to your satisfaction. USAgain is fully insured and our equipment is the best in the industry - safe, cl ean, secure and user-friendly. For more information visit us at: www.usagain.com/municipality Scan this code with your smartphone to learn more. (0 2011 USAgain all rights reserved. 0 Printed on 50% recycled and post-consumer content paper. 00- 4 antaggrAteaSES'410 n Lise aigair) USAgain Clothes Collection System Corporate Office: 1555 W Hawthorne Ln #4W, West Chicago, IL 60185 Ofc: 800-604-9533 www.usagain.com info@)usagain.corn l'itAno 0 0 0 CU 0 0 0 L) cl) 0 0 E 0 0 0 0 0 0) 0 9 0) L) 0 cn 0 a 0 0 0 0 0) 0) 77.:) 0 4- 0) 00 00 rcs c7)1 75 0 0 0) 0 L) 0) 0) 0) 0 E 00 0 ten 0 0 E 0) 0) 0 cn (0 E ro >, 0) 0 2 0 r- 0 "c 00 0) E 0.3 0 2 0) 0) 0 0 0) 0 0) 0 a 0) 0 0) 00 0. 0. 0 (cs 0 L) 0) 0 a 0) a 0) 0 00 E 0 0 0 z n E E EXCERPT OF MINUTES FROM THE APRIL 1, 2009, PLANNING COMMISSION MEETING B. U'SAGAIN Clothing Boxes — Discussion on whether to amend City Code to allow for the placement of clothing recycling boxes within the City. City Planner Tom Lovelace stated that Mr. Tom Thorne is requesting possible changes to the city's zoning code to allow for the placement of clothes recycling boxes in the city. Mr. Thome would like to place one or two clothes recycling boxes, which would range in size from 3' x 3' x 7' to 5' x 5' x 9', at the Walmart store. He would install the boxes at the far end of the parking lot in a location that would not have an adverse impact on the flow of traffic. He has indicated that donated clothes would be picked up by a 26-foot wide truck two times per week. He also indicated that participating locations are given two cents per pound for the donated clothing, which in many cases donate the money to nonprofit organizations such as food shelves and animal shelters. Staff asked the City Attorney to review this request and they provided the following opinion. First, they determined that the box is neither a permitted, conditional, nor permitted accessory use. Secondly, the City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. It is expected that the boxes would be placed by and owned by some other organization than the occupant of the property, therefore would not likely meet the requirements set forth in a conditional use permit for an outdoor display. The City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property; however, it is clear that the City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. It is clear that the intent of the ordinance is to allow these temporary units out of necessity for construction activity on the property. Thirdly, Section 155.375 prohibits open storage of goods in or upon off-street parking areas in commercial districts. Mr. Thome has proposed placing the boxes within the parking lot of the business, which this provision Code clearly prohibits. Lastly, even if the box was permitted, Section 155.348 (B) requires all exterior storage within any business district to be screened. This box is outdoor storage; it would have to be screened. Therefore, before any placement of a clothing box within the city, an amendment to the zoning code would be required. In discussing whether to amend the code, the Commission may want to consider the following: 1. By allowing these boxes, what precedent might be set? Would this provide opportunities for other donation/recycling containers that may not be considered appropriate? 2. Should the use be restricted to certain zoning districts? Mr. Thorne has indicated that he returns two cents of the money earned from a box to the property owner where the box is placed, who in turn donates the money to a nonprofit organization. We may want to consider allowing them only in the institutional zoning district where you would then have a direct financial tie to a nonprofit organization. 3. Should the City consider amending the code to allow for these as a permitted, conditional, or accessory use? 4. If allowed, what types of conditions should be placed on this use, such as location on a lot, maintenance, screening, signage, and removal? Mr. Thorne provided photos of locations where boxes are placed in surrounding communities. Staff contacted those communities and inquired how they handle this use. The responses varied from not realizing that they were in their city or are not a concern, to looking into allowing them as a conditional use or issuing an administrative use permit. Lovelace asked for questions or comments from the Planning Commission. Commissioner Melander stated that he doesn't like the idea to rewrite or change the language in the City's zoning codes. There are already at least three different organizations that solicit donations and they will come to your home to pick it up and there also is a Goodwill in town. He stated that he is uncomfortable with it and it seems more trouble than the benefit. Chair Churchill commented that she is quite puzzled about this request for the same reasons that Commissioner Melander just stated. Although there must be some people who are interested in donating, otherwise there wouldn't be a business. Chair Churchill asked the petitioner to explain how his business is working for him. Mr. Tom Thome, 13789 Fordham Court, stated that the Goodwill store in Hastings is right across the street from Walmart. His company has a national contract with Walmart, to have permission to locate their boxes, if the city allows it. His business does not compete with Goodwill because it is strictly a convenience; no waiting in lines. Every box located generates about 450 lbs. per week. Some locations have one box and some have two and he picks up twice a week from the boxes. His route includes Rosemount, Lakeville, Hastings, Cannon Falls, Rochester and Red Wing and this generates about 20,000 lbs. a week of clothes that would otherwise go in a landfill. The clothes are recycled and most of it goes to third world countries. Mr. Thome also stated that he would like to locate boxes at eight (8) different locations throughout the city. Each location would have one or two boxes. Walmart would have two because it is such a busy location. A location with an example of one box, would be Andy's Market on 140 and Galaxie. Commissioner Blundetto said he would consider this request if it was controlled and the City was careful with the placement. He also has long-term concerns about these being placed all over the community. Commissioner Blundetto commented that he personally would not want to see one located at Andy' s Market. Commissioner Alwin asked Ms. Hills if this would set a precedent to allow other receptacles for aluminum cans, cardboard, etc. Assistant City Attorney Sharon Hills replied that the City would not be regulating what is being put in the boxes, the City would be regulating the container itself. So the issue is whether the City wants to permit a box for drop-off of anything. The City would not be able to regulate for- profit or non-profit. The City also cannot require that the business allowing the box to donate to the City. Commissioner Diekmann commented that the City would need to consider the traffic to and from the container. Also where the boxes would be located and how it needs to be controlled. If the boxes would take up parking space(s), then would the building still be in compliance with the parking requirements. Commissioner Diekmann stated that he isn't against the concept, although it does need to be controlled. Commissioner Blundetto commented that he has never seen these before and it must be something very new. Chair Churchill stated that she hasn't noticed either. She also asked Hills if a church were to do this as a fundraiser on their property, benefiting the church, would the City be looking at the same issues. Hills replied yes; it would be the same issue of outside storage. An outdoor storage container can only be permitted during construction. This box equates to a storage unit. Chair Churchill commented that is probably one of the reasons the Goodwill store does not allow people to drop items off when the store isn't open. Hills replied that is correct. Commissioner Melander said that there is the potential for people to drop off whatever they want; bikes, couches, etc. He also commented that he doesn't see how it could be regulated efficiently. Mr. Thorne said that his agreement with the locations states that his company picks up whatever is dropped off regardless of what it is. If the boxes were to be located in Apple Valley, Mr. Thorne stated that he would pick up every Monday and every Friday. The reason for this is that weekends are very busy. Every store manager has Mr. Thome's cell number and encouraged to call if something is unsightly and needs to be picked up. There are 700 boxes throughout Minneapolis and St. Paul. Commissioner Burke asked if somebody serviced these boxes before Mr. Thorne. Mr. Thorne replied that someone else set up the boxes, although he took over the route. Commissioner Burke asked that at some time in the future will Mr. Thome sell his route. Mr. Thorne replied no. Although the company will always have someone take over the route if that should happen. He assured the Commission that the areas around the boxes will not be a mess. Commissioner Blundetto asked Mr. Thorne what types of items he has found other than clothes. Mr. Thorne answered that there are lots of new clothes with the tags still on, new tools, although 99% of what people drop off is clothes. He stated that he is not against an annual fee permit for each box to ensure the boxes are regulated. Commissioner Burke said that he has seen them in other states while traveling. He is not against the concept if the City regulates the boxes. Chair Churchill said she would like to keep items out of the landfills and is willing to look at a proposed modification to the City ordinance for further study. Commissioner Diekmann commented that it is odd that in a community that pays extra to not take trash cans to the curb because it is unsightly, that we would consider allowing these boxes. He stated he is not against it, although he's not sure it fits with all the other ordinances that the City has. Commissioner Schindler commented that the City would need to have design standards. Chair Churchill said it bears further study. Community Development Director Bruce Nordquist stated that the Planning Department is staff to the Planning Commission and if there is interest it needs further exploration. Chair Churchill told Mr. Thorne that the Planning Commission is not rejecting the concept, although it will require further development. Commissioner Diekmann stated that perhaps the City could consider a two year interim use permit that needs to be renewed rather than a conditional use permit. Hills stated that the attorney's office and staff could construct an outline of pros and cons, limitations and issues and provide a detailed outline rather than a draft ordinance for the Planning Commission to consider. Chair Churchill applauds the green approach and this is a reasonable request and it makes good sense. She thanked Mr. Thorne for his time. Collection bins proposed ordinance amendments Apple Valley Planning Commission Meeting Presentation June 19, 2013 Collection bins proposed ordinance amendments Discussion of proposed amendments to the zoning code to allow collection bins as a permitted, conditional, or permitted accessory use. 6/21/2013 1 Collection bins proposed ordinance amendments Collection Bin: A receptacle used for the collection of various items for recycling or re- sale including but not limited to the following: clothing, shoes, textiles, books and small household items deposited by the public for redistribution or re -sale. Collection bins proposed ordinance amendments Collection bins shall be permitted to be located in the commercial zoning districts or on properties in residential districts that are occupied by an educational, religious, governmental or charitable use subject to the following: • The bins shall only be placed with the permission of the property owner r other person with such authority and on properties that contain an existing and operating permitted or special use. • Each bin shall not exceed seven(7)feet in height and twenty five (25) square feet in ground area. • The bins shall be located on a parking lot or other paved surface or adjacent to the building. • The bins shall not be within 15 feet of the front property line, reduce the width of paved clear space for the passage of pedestrians to less than five (5) feet, be located within five (5) feet of a Fire Department connection, utilize any required parking spaces or disrupt the flow of vehicular or pedestrian traffic. • The bin shall include language discouraging the placement of items outside of the bin. • The° Company° name and phone number of the bin's owner and operator shall be posted on the bin. • The owner and operator of the bin shall maintain and provide proof of $1 Million dollar General liability insurance policy for each location where a bin is placed or operated. • Items left outside the bin shall be collected and removed within 24 hour notice provided to the owner and operator of the bin. Failure to do so on three or more occasions In any calendar year may result in penalties as determined by Code Enforcement. 6/21/2013 2 Collection bins proposed ordinance amendments Prior to the placement of any bin(s) within the City/Village the owner /operator of the collection bin(s) shall submit a letter application to the City/Village providing the following information: • Company Name, address and contact information for the owner and operator of each bin to be located in the City/Village. • Address of the property where the bin(s) will be placed. • Written evidence of permission to place the bin on the property signed by the property owner or other person with such authority. • Proof of insurance for each location and bin. • Aerial snapshot of site providing indication of proposed location for collection bin. • 24 -hour contact information in the event of overflows, debris or other issues. Collection bins proposed ordinance amendments Issues: • This type of use is neither a permitted, conditional, nor permitted accessory use. • The City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. Because the collection bins would be placed by and owned by some other organization than the occupant of the property, it would not likely meet the requirements set forth in a conditional use permit for an outdoor display. • City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property. It is clear however, that the • City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. • Section 155.375 of the zoning code prohibits open storage of goods in or upon off - street parking areas in commercial districts. Therefore, the placing the boxes within a parking lot of the business would be clearly prohibited. • Section 155.345 (B) of the zoning code requires all exterior storage within any business district to be screened. Therefore, if a collection bin were allowed, it would be considered outdoor storage and would have to be screened. 6/21/2013 3 Collection bins proposed ordinance amendments Collection bins proposed ordinance amendments 6/21/2013 4 Collection bins proposed ordinance amendments Collection bins proposed ordinance amendments 6/21/2013 5 Collection bins proposed ordinance amendments Collection bins proposed ordinance amendments 6/21/2013 6 Collection bins proposed ordinance amendments Collection bins proposed ordinance amendments 6/21/2013 7