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HomeMy WebLinkAbout07/17/2013• 00 00 City 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. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF JUNE 19, 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 continued. (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 8. ADJOURNMENT Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 7. OTHER BUSINESS JULY 17, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. A. Dalseth Accessory Building Setback Variance — Consideration of a variance to reduce side yard setback from 20' to 5' for a 24' x 16' accessory building. (PC13-23-V) LOCATION: 4869 Dominica Way PETITIONER: Jennifer and Pascal Dalseth A. Hunter Woods Sketch Plan — Review of a sketch plan that proposes rezoning from "R-1" (Single family, 40,000 min lot) to "R-3" (Single family, 11,000 min lot) and preliminary plat to create 13 single family lots, located at 12842 and 12866 Galaxie Avenue, by Hunter Emerson, LLC. B. Review of upcoming schedule and other updates. NEXT PLANNING COMMISSION MEETINGS 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 Wednesday, August 21, 2013 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, July 24, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, August 12, 2013 NEXT CITY COUNCIL MEETINGS 7:00 P.M. 7:00 P.M. Thursday, July 25, 2013 Regular Scheduled Meeting 7:00 P.M. Thursday, August 8, 2013 Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: none Staff Present: City Attorney Sharon Hills, 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 Scanlan moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 15, 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 15, 2013. Ayes - 5 - Nays — 0. Abstain — 1 (Wasserman). 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 19, 2013 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2013 Page 2 of 5 Chair Melander opened the public hearing at 7:02 p.m. City Attorney Sharon Hills stated two letters were received by the City today and the Planning Commission should accept those letters on record. She said the Attorney's office needs time to respond to the letters and recommended the public hearing be continued to the next meeting. MOTION: Commissioner Diekman moved, seconded by Commissioner Burke, continuing the public hearing until the meeting of July 17, 2013. Ayes - 6 - Nays — 0. Commissioner Schindler arrived at 7:04 p.m. 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 Planner Kathy Bodmer presented the request from the petitioner for two variances 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. She stated the petitioners requested the variances to construct an accessory structure for storage of watercraft, including a boat, personal watercraft, and other sporting equipment. 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 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. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2013 Page 3 of 5 Pascal Dalseth provided additional information. Motion: Commissioner Diekmann moved, seconded by Commissioner Alwin, recommending approval allowing the construction of a 24' x 16' 384 sq. ft. accessory building at 4869 Dominica Way West, subject to compliance with all City Codes and the conditions as listed. Ayes - 6 - Nays — 1 — (Wasserman). Additional discussion followed. Ms. Hills suggested a motion be made to withdraw the first motion because the application was for a setback variance. The building structure itself would follow building permit requirements and would be followed up by the Inspection Department during construction. Motion: Commissioner Diekmann moved, second by Commissioner Burke, withdrawing the first motion. Ayes - 7 - Nays - 0. Motion: Commissioner Diekmann moved, second by Commissioner Alwin, recommending approval of 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) with the conditions of the variance with the findings of the topography, the layout of the land and the existing structure as previously discussed. No deck shall be added. Ayes - 6 - Nays — 1 — (Wasserman). Motion: Commissioner Diekmann moved, second by Commissioner Alwin, recommending approval of a 15' variance from the 20' side yard setback to locate the building 5' from the side property line. Ayes - 1 - Nays — 6 — (Alwin, Burke, Diekmann, Melander, Scanlan, and Wasserman). Motion failed. 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. Planner Kathy Bodmer introduced the request from Enterprise Rent-a-Car, 15136 Galaxie Avenue, that they would like to expand the parking lot in order to provide additional 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. She stated 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. The petitioner would have to obtain a code amendment in order to reduce the setback requirement due to the property being located within a Planned Development zoning district. Variances cannot be issued for properties zoned PD. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2013 Page 4 of 5 She stated no official action is requested and that the petitioner is considering applying for the necessary code amendment and would like to discuss the project with the Planning Commission. Ben Bonde, Enterprise, provided additional information. Discussion followed. B. USAgain Clothing Boxes — Discussion on whether to amend City Code to allow for the placement of clothing recycling bins within the City. City Planner Tom Lovelace provided for review and discussion the 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 would 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. He stated no official action is needed and that the applicant is seeking input from the Planning Commission. Brad Berg, USAgain, provided additional information. Discussion followed. C. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, July 17, 2013, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann to adjourn the meeting at 8:49 p.m. Ayes - 6 - Nays - 0. ctfully Submitted, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 19, 2013 Page 5 of 5 Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on APPLE VALLEY PROJECT SUMMARY QUARRY PONDS Case Number: PC13-27-ZS Staff Reviewer: Thomas Lovelace and Applicant: A,rcon Land II, LLC Aggregate, L..LP 22, 2013 Application Date: May Meeting Date: July 17, 2013 Petition for: Purpose: • 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. Summary of The applicant submitted a request for an amendment to the 2030 Land Use Map to re-designate the Issues: 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 of 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 may need to be addressed during the final platting of the subject property. 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. 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. Summary of Issues: 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. A portion of the ponding area will be filled to accommodate for the construction of Johnny Cake Ridge Road. This will require the ponding area to be re-configured and extended east into Outlot B. Design calculations have not been presented that assures that the new design will be sufficient to meet the City's storm water ponding needs. 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 trail 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. Outlot 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 corner of the City-owned property with Outlot D, which would create three additional lots. If the platting of the three additional lots does not occur, Outlot D should be incorporated into Outlot B. 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. Recommended Action: Continue 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. The applicant has submitted a letter requesting that the Planning Commission act on their proposed rezoning and subdivision request on July 17. Staff continues to meet with the applicant to iron out issues related to street and utility improvements for the project. If these issues are resolved and no further questions or concerns are raised during the public hearing that require additional information, staff will be prepared to present a recommendation on 17th. Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Located along the north side of 160 Street West (CSAH 46), west of Pilot Knob Road Part of the Southwest 'A of the Southeast 1 /4 of Section 35 "MD"(Medium Density Residentia1/6-12 units per acre) "SG" (Sand and Gravel) AND "P" (Institutional) Unplatted Farmland and storm water ponding area 56.64 acres Flat No significant vegetation, the property is used for crop production storm water storage None NORTH SOUTH EAST WEST QUARRY PONDS PROJECT REVIEW Existing Conditions 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 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 "P" (Institutional) Development Project Review "LD" ( Low Density Residential/2-6 units per acre "PD-632" (Planned Development) 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 will be the adoption of the proposed amendment by the City Council. Livable Communities Impact: The proposal will add 107 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 ponding area. 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. 157 Street will be extended from the Regatta Development through to Pilot Knob Road. This right-of-way corridor will also house sanitary sewer, water and storm sewer utilities. This will require dedication of full right-of-way along the corridor. Also, a gap of 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. This may be an issue during the final platting of the subject property. However, the City Attorney has stated in an attached memorandum, that the Planning Commission may proceed with the review of the development request and make a recommendation to the City Council. 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 coordination with the developer, City and Dakota County. 2 Out lot 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. A portion of the ponding area will be filled to accommodate for the construction of Johnny Cake Ridge Road. This will require the ponding area to be re-configured and extended east into Outlot B. Design calculations have not been presented that assures that the new design will be sufficient to meet the City's storm water ponding needs. 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 trail 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. Outlot 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 corner of Outlot A with Outlot D, which would create three additional lots. If the platting of the three additional lots does not occur, Outlot D should be incorporated into Outlot B. The preliminary plat also shows the addition of a small portion of the City's property being incorporated into Lots 13 and 14 of Block 1. On July 11, the City Council will consider a resolution that will allow the City to continue its review of the preliminary plat with the City-owned property included. Staff will present the Council's decision to the Commission on July 17. 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 applicant is proposing to develop the property 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. Staff has left Lot 1, Block 3 and Lots 7 and 8, Block 4 in the first phase of the staging plan. However, orientation of the dwelling units on these lots will dictate their phasing. If access is from Street A they will be able to remain in the first phase. If access is from Streets B and C, they will need to be in the second phase. 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. 3 The City Engineer continues to work with the developer's engineer with the design and layout of street and utility related infrastructure. Staff expects to have the infrastructure design issues resolved prior to July 17. 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 comer 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. 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: Continue 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. The public hearing was originally scheduled for the June 19, 2013 Planning Commission. Circumstances arose that caused the Commission to not take any testimony on the 19 and to continue the hearing to the next meeting. Because of that delay, the applicant has requested that the Planning Commission act on the night of the public hearing. Attachments: City Attorney's Memo Applicant's Letter Plat Commission Letter Location Map Comprehensive Plan Zoning Map Preliminary Plat Preliminary Utility Plan 4 Preliminary Grading Plan Developer' s Staging Plan Staffs Staging Plan D Dougherty, Molenda, Softest, Hills & Bauer P.A. OUGHERTY MOLENDA Attorneys 1 Advisors MEMORANDUM To: Bruce Nordquist, City of Apple Valley Cc: Tom Lawell, City of Apple Valley From: Michael Dougherty Date: 7/10/2013 Re: Applications for Development of Arcon Development/Quarry Ponds 7300 West 147th Street Suite 600 Apple Valley, MN 55124 (952) 432-3136 Phone (952) 432-3780 Fax www.dmshb.com City Staff, Planning Commission Members and our office have received multiple communications from Mr. Gene Rechtzigel and his attorney concerning the City's consideration of Arcon's applications. While these communications address various issues, it is our opinion that the substance of the communications do not preclude the City from its responsibility to act on the applications. Arcon is pursuing a rezoning of 46 acres from Sand and Gravel to Planned Development and a subdivision of the same acreage into 107 single family lots. A city acts in its legislative capacity when it adopts or amends a zoning ordinance. The consideration of a rezoning is not dependent upon ownership to the property in question. Under State Statute, the City has express authority to rezone property following the requisite notice and hearing. In conjunction with the notice of the public hearing, Mr. Rechtzigel expressed concern about his opportunity to attend a public hearing wherein others may be present whom have obtained a restraining order against Mr. Rechtzigel. Upon our advice, the Planning Commission continued the hearing for one month. While the City has no obligation to accommodate the needs of Mr. Rechtzigel, the one month delay afforded Mr. Rechtzigel sufficient opportunity to seek court protection to attend the public hearing. We have notified the City Police Department to assist in efforts to accommodate Mr. Rechtzigel, as well as the neighbors, should any or all desire to attend the public hearing. Finally, Mr. Rechtzigel may submit any and all concerns, comments or questions he may have and request that such communication be made part of the public record for consideration by the Planning Commission and Council. In reviewing any application for subdivision, the City is determining whether the applicable standards and criteria contained in the zoning and subdivision regulations are being met. Though ownership of the subject property is germane to the final approval and platting of the property, the adjudication of ownership is not a prerequisite to holding a public hearing or granting preliminary approval. Nevertheless, in order to obtain final approval for a plat, the applicant will need to provide the Dakota County Surveyor with evidence of ownership of the land subject to July 10, 2013 Page 2 of 2 the final plat. Moreover, while Mr. Rechtzigel may have an issue with the establishment of the proposed western boundary line of Arcon's proposal, there is little question that the majority of the proposed subdivision remains unaffected by Mr. Rechtzigel's claims. It is our opinion that the Planning Commission may and should proceed as necessary under Minn. Stat. § 15.99 to consider and make a recommendation to the City Council. Additionally, the City Council should likewise act upon Arcon's applications when presented for Council action. If you have any questions, please feel free to be in contact with me. www.dmshb.com Dougherty, Molenda, SoifeA, Hills 8, 1:31i,Jer A. D OUGHERTY MOLENDA Attorneys 1 Advisors July 1, 2013 Mr. Tom Melander, Chair Apple Valley Planning Commission 7100 — 147 Street West Apple Valley, MN 55124 Re: Quarry Ponds Rezoning and Preliminary Plat Dear Mr. Melander, Arcon Land II, LLC respectfully requests that the Apple Valley Planning Commission make its recommendation to the City Council at the July 17, 2013 meeting. According to City Attorney Mike Dougherty, in a meeting on Monday June 24 our proposal was continued to the next meeting of July 17 not because of any need related to the rezoning or preliminary plat, but because of an Order for Protection against Mr. Gene Rechtzigel and the concerns over how he might legally attend the meeting. The two letters sent to the City of Apple Valley by Mr. Rechtzigel and his attorney were dated June 19 the very day of the Planning Commission meeting, and delivered to the City only that afternoon. Because of public notices not only for the rezoning but previously for the land use change, for which individual notices were sent to surrounding property owners, including Mr. Rechtzigel, he was aware of the coming proceedings long before June 19 and had ample time to either have the Order for Protection amended or to make accommodations with the City to attend the meetings. Instead he chose to wait until the very last minute to raise this issue so the City had almost no time to react. Obviously the intent was to delay the commissions business of acting on our proposal. City Attorney Mike Dougherty has determined that it is both legal and proper that the Planning Commission act on the request for rezoning and preliminary plat for the entirety of the submission regardless of Mr. Rechtzigel's allegations or claims. Mr. Dougherty stated that any issues relating to these allegations or claims will be properly handled at the time of final platting. If not resolved by that time, the westerly area involved will simply be left out of final platting so as to be left in a state suitable for any adjudication. Because there is only one planning Commission meeting in July, if the Planning Commission does not make its recommendation on July 17 , Arcon will be delayed from starting the project until almost September, which will put the project in peril due to not being able to complete the improvements this year. This would be a major financial loss for Arcon Land due to an issue that has nothing to do with Arcon Land or the rezoning and preliminary plat (Mr. Rechtzigel being subject to an order for protection due to his actions). Due to the fact of the mitigating issues, the transparent attempt by Mr. Rechtzigel to interfere with our submission combined with the Planning Commission only having one meeting in July, and the fact that the public hearing was opened at the meeting of June 19 the Planning Commission has ample justification to make its recommendation at the July 17 meeting. Also, this project was the subject of a prior Planning Commission public meeting for the land use change, where virtually the same information was discussed. Arcon Land would be unfairly and unjustly damaged if not allowed to complete the Quarry Ponds project this year because of Mr. Rechtzigel's questionable actions and behavior resulting in a court of law issuing an Order for Protection against him and his intentional last minute unjustified manipulations designed to cause innocent parties harm to further his personal interest. Thank you, and the Planning Commission members, for your consideration. Sincerely, Scott Johnson President Arcon Land II, LLC June 6, 2013 City of Apple Valley 7100 147 Street West 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 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 a 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 (9 891'7115 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 • 1*955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 v r QUARRY PONDS LOCATION MAP , . 7 • it 4 i . re ii I* OfiratN 4* A. % 01 vfili OP ibib 711 .1_ 0. 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Apple Valley, Minnesota 55124 Attention: Chairman Tom Melander MOHRMAN & 111, ATTORNEYS AND COUNSELORS AT LAW 33 SOUTH SIXTH STREET SUITE 4100 MINNEAPOLIS, MINNESOTA 55402 July 15, 2013 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: EGKImg RDAL, P.A. Very truly yours, Erick G. Kaardal TELEPHONE: 612/341-1074 FACSIMILE: 612/341-1076 WRITER'S E-MAIL: KAARDAL@MKLAW.COM This letter is a supplement to my June 19, 2013 letter. Since that letter, Peter Fischer has not acted constructively in resolving the historical boundary issue — location of the Minn. Stat. § 344.02 statutory fence line -- between his property and the Rechtzigel property. At a July 9 settlement conference before Dakota County District Court Judge King, Mr. Fischer offered no money to purchase the Rechtzigel family property interests to resolve all boundary issues — despite the fact Mr. Fischer stands to make millions on the development he is proposing to the Apple Valley Planning Commission. Mr. Fischer isn't taking the boundary issue serious enough. This type of conduct should not be rewarded by the Planning Commission. The Planning Commission should instruct Mr. Fischer that it is necessary to resolve the boundary issue prior to moving forward on the proposed rezoning Meanwhile, the Rechtzigels request that the City of Apple Valley adopt the Rechtzigel December 17, 2012 survey as its determination for the historical boundary between the properties. 3. A. motion to recommend' a subject to the following: QUARRY PONDS PROPOSED RECOMMENDATIONS Recommended Actions: If the Planning Commission concurs, staff is recommending the following: 1. A motion to recommend approval of the rezoning of the, Southwest Quarter of Section 35, with the exception of the southwest 9.88 acres, from "SG" (Sand and Gravel) to "PD" (Planned Development). 2. A motion to have the City Council direct staff to prepare planned development ordinance that includes permitted, conditional, and accessory uses; and area requirements and special performance standards consistent with the proposed development plans, including but not limited: to the following: • Establishing buffer arfd requirements for Iotslocated directly` adjacent CSAH 46, Johnny Cake Madge Road and 157 Street West. • A landscape plan shall be prepared that proles screening from arterial and collector streets. PONDS preliminary plat, • The plat may be' configured to have up to 110 lots and three (3) outlots. the development:is done u twophases as proposed, the first phase shall nclude development of Outlots A, =. and C; Lots 9 -14, Block 1; lots 15 -20, Block 2; and Lips J -17, Bl ick 7 only. Dedication on the final plat >8f the necessary right -of -way for 157 Street West:; • Dedication, a ten foot (10') wide easement for drainage, utility, street, sidewalk, `street fights, and tree plantings along the entire perimeter of lots within the plat wherever abutting public road right -of -ways. • Dedication of a five foot (5') wide drainage and utility easement along all common lot lines. • Dedication of one foot (1') wide easements which restrict direct driveway access to Johnny Cake Ridge Road and 157 Street West. • 157 Street West shall be constructed from Pilot Knob Road to its existing roadway section located in the Regatta development within two years after approval of the fmal plat. • Johnny Cake Ridge Road shall be constructed from Street A to 157 Street West within two years after approval of the final plat. • Park dedication shall be satisfied by a cash -in -lieu of land contribution. • Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements within and/or outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. • Installation of left and right turn lanes w'ifti n the "CSAH 46 right -of -way, at Ridge the Johnny Cake in accordance with the City of Apple Valley and Dakota Countystandards. • Dedication of the storm water ponding areas in the form gfeasements or land necessary to serve the plat per ahe apli dyed City of Apple Valley Surface Water Management Plan, and subjec to availability of land that may be necessary to accomvpdate surface tter storage volume that will satisfy discharge rate requerements into the city'of akeville. • Drainage and utility easemnts established;: high yater Le vel :a determned ?by the City Engineer. • Installation of pedestrian improvements in accordance with the City's ado ptcd and glides, to consist of six foot (6') wide concrete ong both sides o at re sidential streets within the plat and eight foot (8') wide numinous pathways along both sides of Johnny Cake Ridge oad and 157`° street West. • Ai sght foot (8') %%ide bituminous pathway shall be constructed within Outlot C that will extend and connect with the existing pathway in Quarry Point Park. • Dedication Outlot C. tted based upon the overflow elevation as ay easement and drainage and utility easement over QUARRY PONDS APPLE VALLEY PLANNING COMMISSION PRESENTATION JULY 17,2013 Request for: 1. A rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development). 2. The subdivision by plat that will create 107 single - family residential lots and four (4) outlots. This proposal also includes a previous comprehensive plan amendment request for the re- designation of 27 acres of the site from "MD" (Medium Density Residential) to "LD" (Low Density Residential). 7/18/2013 1 7/18/2013 2 7/18/2013 3 • 7/18/2013 4 R F 2 P POSED STAGING PLAN STAGING & LAND USE PLAN 7/18/2013 5 R P, , Y rRI R T T VYWRYMNT S Quart Pond Area Street Network OUA PONQ RRAINAGF � IPROVEMgNT [MY f r,�tm Ilk g� kn�Ern, i DRAINEGE DISTRIQTS 7/18/2013 6 SRECOM TON 1. A motion to recommend approval of the rezoning of the Southwest Quarter of Section 35, with the exception of the southwest 9.88 acres, from "SG" (Sand and Gravel) to "PD" (Planned Development). 2. A motion to have the City Council direct staff to prepare planned development ordinance that includes permitted, conditional, and accessory uses; and area requirements and special performance standards consistent with the proposed development plans, including but not limited to the following • Establishing buffer area requirements for lots located directly adjacent CSAH 46, Johnny Cake Ridge Road and 157th Street West. • A landscape plan shall be prepared that provides screening from arterial and collector streets. MENDATION 3. A motion to recommend approval of the QUARRY PONDS preliminary plat, subject to the following: • The plat may be configured to have up to 110 lots and three (3) outlots. If the development is done in two phases as proposed, the first phase shall include development of Outlets A, B and C; Lots 9 -14, Block 1; lots 15 -20, Block 2; and Lots 1 -17, Block 7 only. • Dedication on the final plat of the necessary right-of-way for 157th Street West Dedication a ten. foot (10') wide easement for drainage, utility, street, sidewalk, street lights, and tree plantings along the entire perimeter of lots within the plat wherever abutting public road right-of-ways. 7/18/2013 7 S OM s DATION flan Dedication of a five foot (5') wide drainage and utility easement a long all common lot lines. Dedication of one foot (1') wide easements which restrict direct driveway access to Johnny Cake Ridge Road and 157 Street West. 157th Street West shall be constructed from Pilot Knob Road to its existing roadway section located in the Regatta development within two years after approval of the final plat. Johnny Cake Ridge Road shall be constructed from Street A to 157 Street West within two years after approval of the final plat. • Park dedication shall be satisfied by a cash -in -lieu of land contribution. S RECOUMENDST sN Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted Citystandards, including the acquisition of any necessary easements within and /or outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. Installation of left and right turn lanes within the CSAH 46 right -of -way, at the Johnny Cake Ridge Road intersection, in accordance with the City of Apple Valley and Dakota County standards. • Dedication of the storm water pondingareas in the form of easements or land necessary to serve the plat per the approved City of Apple Valley Surface Water Management Plan, and subject to availability of land that may be necessary to accommodate surface water storage volume that will satisfy discharge rate requirements into the city of Lakeville. 7/18/2013 8 ECOMMENDAT • , . . . • &tFYt BI Drainage and utility easements shall be dedicated based upon the established high water level and emergency overflow elevation as determined by the City Engineer. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies, to consist of six foot (6') wide concrete sidewalks along both sides of all residential streets within the plat and eight foot (8') wide bituminous pathways along both sides of Johnny Cake Ridge Road and 157th Street West. An eight foot (8') wide bituminous pathway shall be constructed within Outlot C that will extend and connect with the existing pathway in Quarry Point Park. Dedication of pathway easement and drainage and utility easement over Outlot C. 7/18/2013 9 7/18/2013 10 NORTH CREEK GREEN AY 7/18/2013 11 Agenda Item: 6A Case Number: Staff Reviewer: Kathy Bodmer CITY OF APPLE VALLEY PROJECT PC13-23-V MMARY Dalseth Accessory Building Variance Applicant: Jennifer and Pascal Dalseth Application Date: April 30, 2013 Meeting Date: June 27, 2013 Petition for: Summary of Issues: Planning Commission and City Council Actions: At its June 27, 2013, meeting, the Apple Valley City Council voted to approve a variance reducing the "SH" (Shoreland) setback variance from the OHWL of Farquar Lake from 75' to 26' for a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way West. However, the City Council received new information concerning the side yard setback variance at the council meeting and asked that the Planning Commission review the side yard variance request again in light of the new information. The petitioners are requesting the Planning Commission consider the following variance: A variance reducing the 20' side yard setback to locate a 24' x 16' accessory building 5' from the side property line. The petitioners, Jennifer and Pascal Dalseth, 4869 Dominica Way West, request the side yard variance to construct a 24' x 16' accessory structure for storage of watercraft and other sporting equipment, 5' from the side property line. The side yard setback in the "R-1" (Single family, 40,000 min. lot) is 20'. After the Planning Commission meeting of June 19, 2013, the Dalseths painted the footprint of the accessory building on their property 5' and 20' from the side property line and asked that staff visit the site and discuss the practical difficulties. The petitioners asked that the City consider the following factors related to the side yard setback variance: • Locating the building 5' from the side property line would better screen the building from adjacent property to the west and as viewed from Farquar Lake. There is a drop in elevation from the property to the west and the Dalseth property. In addition, there is a grouping of mature trees on the northwest corner of the property and a line of white oak trees along the west property line that will help to screen the building. If the building is constructed 20' from the side property line and 26' from the OHWL of Farquar Lake, it will be located close to a mature red oak tree which will likely damage the tree. Locating the building 5' from the west property line will help avoid impacts to the tree. A terraced garden is located along the west property line that serves as a rain garden. slowing drainage to the lake and providing infiltration and filtering of stormwater. Locating the building 20' from the side property line would require removal of a large portion of the established rain garden, while locating the building 5' from the side property line results in less disruption to the established garden area. At its June 19, 2013, meeting, the Planning Commission voted 1 to 6 to recommend approval of the side yard setback variance, effectively recommending denial of the side yard setback variance. The Planning Commission did not find a practical difficulty that would justify the variance and that reasonable alternatives were available to the applicants. At its June 27, 2013, meeting, the Apple Valley City Council voted to table consideration of the side yard setback variance until further consideration by the Planning Commission based on new information presented the night of the City Council meeting. Recommended The Staff reviews variance applications based strictly upon the requirements of the State Statutes and Actions: the City Code that require that the petitioner establish that there are "practical difficulties" in complying with the provisions of the chapter in order for a variance to be granted, and that logical alternatives are not available to the applicant. Staff finds that a variance reducing the side yard setback from 20' to 5' will result in the least impacts to adjacent properties and help to screen views from the lake. Thus, staff makes the following findings: L Locating the building 5' from the side property line will better screen the building from the adjacent property to the west and as viewed from Farquar Lake. 2. Locating the building 5' from the west property line will help to protect a mature oak tree. 3. Locating the building 5' from the side property line results in less disruption to an established rain garden along the west property line. Based on the findings listed above, Staff recommends that the Planning Commission recommend approval of a variance as follows: Recommend approval of a variance reducing the side yard setback for a 24' x 16' accessory building from 20' to 5' at 4869 Dominica Way West, subject to compliance with all City Code requirements. 2 Existing Conditions Property Location: Legal Description: Comp 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 LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 Platted Lot Single family residential 32,570 sq. ft. (0.75 Acres) Gently sloping rear yard down to lake. Landscaped urban lawn. Property abuts Farquar Lake and is located within the "SH" (Shore land Overlay) zoning district. NORTH SOUTH EAST WEST Definition of "Practical difficulties": PROJECT REVIEW Farquar Lake Comprehensive Plan Zoning/Land Use 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 3 Water/Pond Lake/Pond 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 Introduction: Jennifer and Pascal Dalseth, 4869 Dominica Way West, request a variance from the 20' foot side yard setback to construct a 24' x 16' (384 sq. ft.) accessory building 5' from the side property line. The initial application included a wrap-around deck which was later removed from the project. The petitioners wish to construct a "water- oriented" accessory structure which would be used to store watercraft and water-oriented sporting equipment. 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'. Variance Considerations: In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. The granting of the proposed variance will not be contrary to the intent of this chapter; 3. The special conditions or circumstances do not result from the actions of the owner/applicant; 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. • 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. Attachments: 6. Site Plan 1. June 27, 2013 City Council Meeting Minutes 7. Building Elevations and Floor Plan 2. Petitioner Letter 8. Site Photos 3. Neighbor Letter (Rabe, 4877 Dominica Way West) 9. Pictometry Photos 4. Location Map 10. Staff Sketch — Relocated Buildings 5. Zoning Map 11. Resolution 2013-103 Approving "SH" Variance 4 CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2013 Page 4 Courts, Inc., d/b/a Sport Court MN, the lowest responsible bidder, in the total amount of $106,713.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting AV Project 2013-131, 2013 Sealing of Decorative Concrete and Block Retaining Walls, as complete and authorizing final payment on the agreement with Budget Sandblasting & Painting, Inc., in the amount of $8,080.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting AV Project 2013-123, 2013 Farquar Lake Weed Harvesting, as complete and authorizing final payment on the Agreement with Midwest Weed Harvesting, Inc., in the amount of $12,379.20, as described in the Natural Resources Coordinator's memo dated June 27, 2013. Ayes -4- Nays -0. MOTION: of Grendahl, seconded by Hooppaw, approving hiring the seasonal employee and promotion of employee, as listed in the Personnel Report dated June 27, 2013. Ayes - 4 - Nays - 0 ACCESSORY BUILDING VARIANCE Ms. Bodmer reviewed the petitioner's request for a 49 ft. "SH" (Shoreland) setback variance and a 15 ft. side yard setback variance to construct a 24 ft. x 16 ft. water-oriented accessory building at 4869 Dominica Way W., adjacent to Farquar Lake. She also recapped discussion held by the Planning Commission. Discussion followed. Councilmember Bergman stated additional facts have been discovered since the Planning Commission's review. Councilmember Grendahl suggested the Planning Commission revisit the matter if there is new information. Mr. Pascal Dalseth, 4869 Dominca Way W., presented pictures of the site. He stated that without the side yard variance, a mature oak tree and an established raingarden would be negatively impacted. Discussion continued. END CONSENT AGENDA MOTION: of Bergman, seconded by Grendahl, tabling the Resolution regarding a 15 ft. side yard setback variance on Lot 1, Block 1, Hesli Addition (4869 Dominica Way W.) to allow construction of a 24 ft. x 16 ft. water-oriented accessory building, until further consideration by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 2013 Page 5 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2013-103 approving a 49 ft. "SH" (Shore land) setback variance on Lot 1, Block 1, Hes li Addition (4869 Dominica Way W.) to allow construction of a 24 ft. x 16 ft. water-oriented accessory building, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. STAFF COMMUNICATION Mr. Lawell announced the annual Drinking Water Report is now available on the City's website. Mr. Blomstrom gave an update on various road construction projects. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the City Clerk's memo dated June 24, 2013, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated June 20, 2013, in the amount of $2,048,154.31; and June 27, 2013 in the amount of $892,072.14. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 7:41 o'clock p.m. Respectfully Submitted, icr Pamela J. GaOkstetter, City Clerk worf Approved by the Apple Valley City Council on May 31st, 2013 Community Development Department City of Apple Valley Dear Planning Committee, use variance. Practical Difficulties Test: 4869 Dominica Way* Apple Valley, MN 55124 Phone: 952-4234856 E-Mail: jeml_pascal@yahooscQm We would like to request a variance to construct a water accessory structure wi in 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- 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. Page 2 f #a 0 6 `: oc ; #3f Ss d. ,x .r• 8 •••,. DALSETH ACCESSORY BUILDING VARIANCE W AREA MAP FARQUAR LAKE DALSETH ACCESSORY BUILDING VARIANCE ZONING MAP Sh r l nd District 1 1 1 1 A / 1 1 1 1 1 1 1 a v I j1 .. 1 SSIT'ZZZ'ZS6 XI, 1 tlro 43,A zisaw 1,3 44 ritAl '/■ - 14`k4\7 i\vm v7INAlo< 30N3C1IS31-1 HI3S1Va ,71 lt-4-0,21ro . :,:tiiii , cAl ., .„... .... flv 1:1011 • 0 101 0 101 0 101 D 1 - TS \ 4 4 4 4 „ 0 , SL NOLLOnaLSNO0 Elad Dsn ION 00 A1NO SOdE111.1 M]lAai CINV ONICI018 ElOd N9IS3a AtIVNIIA11138d _1 4 West side of property tiered landscape area. Building site area looking west. • I! Front of home. view view S 'eennV,:: x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. DEMARS—GABRIEL LAND SURVEYORS, INC. 6875 WASHINGTON AVE. SO. SUITE 209 Edirro, MN 55439 Phone:(763) 559-0908 Fox: (763) 559-0479 David E. Crook Date: October 27. 2012 PDF created with pdfFactory trial version www.odffactory,com Benchmark: Top Nut Hydrant os shown Elevotion.915.67 File No. I hereby certify thotthis survey, plan or repo, was prepared by me or under my direct supervision ond that 1 om a duly Registered Land 14044 C Surveyor under the Laws of the Stote of Minnesota. Minn. Reg. No. 224, Book—Poge 433/41 Scale PREPARED FOR: STAFF SKETCH RELOCATED BUILDING LEGAL DESCRIPTION: Lot 1, Stock 1, HESL/ ADD/170N AREA: 32,570 SQ. FT. 0.75 ACRES CITY OF APPLE VALLEY RESOLUTION NO. 2013-103 A RESOLUTION APPROVING A SHORELAND SETBACK VARIANCE FOR ACCESSORY BUILDING AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City's said regulations, a "Variance" is an exception granted by the City Council from the literal provisions of the zoning regulations where a practical difficulty exists which do not apply to the area in general; and WHEREAS, an application for a variance hereinafter referred to as the PROJECT was submitted by Pascal and Jennifer Dalseth, hereinafter referred to as APPLICANTS, for the property hereinafter referred to as the PREMISES, addressed as 4869 Dominica Way West and legally described as Lot 1, Block 1, HESLI ADDITION; and WHEREAS, the proposal for this PROJECT entailed a request for a variance from the setback in the "SH" (Shoreland) of 75' in order to construct a 24' x 16' (3 84 sq. ft.) water-oriented accessory building 26' feet from the ordinary high water level of Farquar Lake (899.2' elevation); and WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public meetings held on May 15, 2013, and June 19, 2013, at which City Staff, and representatives of the APPLICANT were present to give testimony and answer questions concerning the project, as documented in the official minutes of said proceedings and made the following determination: 1. The size of the lot, topography, shape of the lot and location of the existing home limit the locations available for a water-oriented accessory building, rendering a practical difficulty for the APPLICANTS to meet the 75' shoreland setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Apple Valley Planning Commission's findings of practical difficulty are hereby adopted. BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a variance from the 75' "SH" (Shoreland) setback requirement to construct a 24' x 16' (384 sq. ft.) water-oriented accessory building 26' from the ordinary high water level of Farquar Lake (899.2' elevation) is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the variance approval shall lapse. 2. The variance shall be applicable to property identified as Lot 1, Block 1, HESLI ADDITION (4869 Dominica Way West ). 3. The variance is approved due to the findings as presented by the Planning Commission at their June 19, 2013, meeting. The structure shall be limited to 24' x 16' (384 sq. ft.) and shall not include a deck. 5. The structure shall be located to meet the 20' setback from the side property line. 6. The maximum height of the accessory building shall be 10'. 7. 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. 8. The accessory building shall not be used for human habitation and shall not contain water supply or sewage treatment facilities. 9. 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. 10. The accessory building shall not exceed a maximum width of 20' as measured parallel to the configuration of the shoreline. 11. 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. 12. The accessory building shall be located completely outside of the 100-year flood elevation easement area. 13. 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. 14. 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. 15. 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. 16. Any site grading shall occur in conformance with a Natural Resources Management Plan (N " P) which shall include final grading plan to be submitted for review and approval by the City Engineer. ATTEST: Pamela J. Gackst 17. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to Saturdays, 8:00 a.m. to 5:00 p.m. 18. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 19. Issuance of a Building Permit and approval of the final inspection is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. 20. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 27th day of June, 2013. er, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 27th day of June, 2013. 3 Thomas Goodwin, Acting Mayor Pamela J. Gackstetter, City Clerk Dalseth Accessory Building Variance Apple Valley Planning Commission Meeting July 17, 2013 Requested Actions Variance to reduce side yard setback from 20' to 5' for construction of a 24' x 16' (384 sq. ft.) accessory building. 7/18/2013 1 Planning Commission Recommendations At its June 19, 2013, meeting, the Planning Commission considered two variance(s) to allow the construction of a 24' x 16' (384 sq. ft.) accessory building at 4869 Dominica Way West: • A variance reducing the "SH" (Shoreland) setback from 75' to 26' from the OHWL of Farquar Lake (899.2' elevation), finding that the size of the lot, topography, shape of the lot and location of the existing home constitute a practical difficulty, subject to the conditions listed in the staff report. Motion approved 6 -1. • A variance from the side yard setback of 20' to locate the building 5' from the side property line. Motion failed 1 to 6. Additional Considerations Side Yard Setback Variance • Locating the building 5' from the side property line will better screen the building from the adjacent property to the west and as viewed from Farquar Lake. • Locating the building 5' from the west property line will help to protect a mature oak tree. • Locating the building 5' from the side property line results in less disruption to an established rain garden along the west property line. 7/18/2013 2 City Council Actions City Council reviewed the variance at their June 27, 2013, meeting. • Approved variance to reduce "SH" Shoreland setback from 75' to 26' to construct 384 sq. ft. accessory building with several conditions as recommended by the Planning Commission. • Asked Planning Commission to re- consider side yard setback variance in light of new information. Site Plan Proposed.; c Bldg:' 7/18/2013 3 7/18/2013 4 Recommended Actions Recommend approval of a variance reducing the side yard setback from 20' to 5' (15' variance) for a 24' x 16' accessory building at 4869 Dominica Way West, subject to compliance with all City Code requirements, based upon the three following findings: 1. Locating the building 5' from the side property line will better screen the building from the adjacent property to the west and as viewed from Farquar Lake. 2. Locating the building 5' from the west property line will help to protect a mature oak tree. 3. Locating the building 5' from the side property line results in less disruption to an established rain garden along the west property line. 7/18/2013 5 Location Map 4869 Dominica Way West 7/18/2013 6 Zoning Map "R-1" (Single Family, 40,000) and "SH" (Shoreland) 4RQUAR LAKE ■ N 1' 7/18/2013 7 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. 7/18/2013 8 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; • 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 • The variance requested is the minimum variance necessary to alleviate the practical difficulty. 7/18/2013 9 7/18/2013 10 Floor Plan - Original App w /Deck 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. 7/18/2013 11 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. 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. 7/18/2013 12 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. 7/18/2013 13 7/18/2013 14 Agenda Item: 7A Case Number: XX Staff Reviewer: Kathy Bodmer Petition for: Summary of Issues: Hunter Woods Sketch Plan Applicant: Hunter Emerson, LLC Application Meeting Date: July 17, 2013 Sketch plan review of Hunter Woods, a 13-lot single family subdivision. When formal application is made, the petitioners will be requesting consideration of the following actions: • Rezoning from "R-1" (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 minimum lot) • Subdivision by preliminary plat to create 13 lots for single family development. The petitioners wish to develop two large rural estate parcels located on the east side of Galaxie Avenue south of the Dahle Oaks development which is immediately south of the MN Zoo. The two parcels total approximately 5.6 acres in size after right-of-way is dedicated for Galaxie Avenue. The following is a quick summary of some of the important issues related to the project: • The properties are heavily wooded, so a tree inventory and tree mitigation plan will be required in connection with the development. • There is a low area on the site which appears to be a wetland. The petitioner has had a preliminary wetland assessment conducted which will need to be evaluated by the City's Natural Resources Management staff to determine whether wetlands are present on the site. If there are wetlands, they will need to be delineated and any potential impacts evaluated. • The site has mature trees, varied topography, and a possible wetland. The City will need to evaluate whether the "R-3" zoning is the most appropriate zoning for the parcels. • Storm ponding and infiltration will need to be evaluated in light of whether or not there is a wetland on the site. If there is a wetland, there will be pretreatment requirements in addition to infiltration requirements. • Sidewalk will be required on one side of the street to connect with the existing sidewalk on the south side of Frost Point Way. The petitioner will be required to dedicate an escrow for the future construction of trail along Galaxie Avenue in accordance with the City's Sidewalk and Trail Policy. 1 The proposed development does not include the 1.6-acre Taylor property to the south. The development layout limits the Taylors' options for subdividing their property in the future. Recommended No official action is necessary. The petitioners wish to discuss the proposed development Actions: with the Planning Commission and receive feedback before they make formal application. 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 Heavily wooded. NORTH SOUTH EAST WEST HUNTER WOODS SKETCH PLAN 12842 and 12866 Galaxie Avenue Broden: 01-01500-80-020 Berg: 01-01500-80-030 LD-Low Density Residential (0-6 units/acre) PROJECT REVIEW R-1, Single family, 40,000 sq. ft. minimum lot Both parcels are unplatted. Large lot single family. 6.32 (not including right-of-way dedication Varying topography. Low areas need to be analyzed to determine whether or not they are wetlands. Dahle Oaks Comprehensive Plan Zoning/Land Use Taylor Property Comprehensive Plan Zoning/Land Use Nordic Woods 5 Addition Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use 2 LD-Low Density Residential (2-6 units/acre R-2 Single Family 18,000 s.f. LD-Low Density Residential (2-6 units/acre R-1 Single Family 40,000 s.f. Eastwood Ridge r Addition & Acorn Hill LD-Low Density Residential (2-6 units/acre) PD-138, Zone 6 (Single family 11,000 s.f.) LD-Low Density Residential (2-6 units/acre) R-2 Single Family 18,000 s.f. and R-3 Single family 11,000 s.f. Development Project Review Comprehensive Plan: The comprehensive plan guides the development of the two parcels for single family development with a density of 2-6 units an acre. The comprehensive plan notes that in some instances, densities of less than three units per acre may be needed: ... The City recognizes that in some cases of infill development when there are severe slopes, mature trees, lakes, wetlands, or existing adjacent residential neighborhoods, densities of less than three units per acre may be needed. The proposed development area includes two parcels that have varying topography, mature trees, and possibly a wetland. When the City reviewed the Dahle Oaks development in 2003, a determination was made that based on the natural features of the area, a zoning of "R-2" (Single family 18,000 sq. ft. min. lot) was the most appropriate zoning designation. The Hunter Woods parcels have similar characteristics as the Dahle Oaks development to the north. Zoning: The property is currently zoned "R-1" (Single family 40,000 sq. ft. min. lot). The petitioners wish to rezone the property to "R-3" (Single family, 11,000 sq. ft. min. lot). The petitioners state that the zoning is consistent with the comprehensive plan designation and consistent with the zoning of the properties to the east and west which have a minimum lot size of 11,000 sq. ft. The City Council approved a rezoning of "R-2" (Single family 18,000 sq. ft. min. lot) for the Dahle Oaks development on the east side of Galaxie Avenue in 2003 and the Eastwood Ridge 2 Addition development on the west side of Cedar Avenue in 2005. The City Council noted that the topography of the parcels, mature trees and wetlands were all considerations for the R-2 zoning. Preliminary Plat: The preliminary plat subdivides the Broden and Berg properties into 13 lots for single family development. Right-of-way is dedicated for the extension of Frost Point Way, a local public street, south and west out to Galaxie Avenue. The subdivision does not include the approximately 1.6-acre Taylor parcel south of the Berg property. The proposed Hunter Woods development would limit opportunities for further development of the Taylor property. Site Plan: Not required for a single family development proposal. Engineering Issues: Grading Plan: Not included in the sketch plan materials, but will be required as part of a formal application. Municipal Utilities: The City Engineer reviewed the development and stated that sanitary sewer is readily available to the site. Water will need to be looped from Dahle Oaks and connected to the trunk line on the west side of Galaxie Avenue. Storm ponding/infiltration or filtration will have to be provided on the development. The engineering staff will determine what will be required after the determination is made whether there is a wetland on the site. Street Classifications/Accesses/Circulation: The City Engineer notes that the alignment of the new intersection of extended Frost Point Way and Galaxie Avenue will need to be reviewed in light of the access points on the west side of Galaxie Avenue. In addition, the curve of the internal street will need to be reviewed to ensure it meets the City design standards. Natural Resources Management Issues: Landscape Plan: Not required for a single family development proposal. The subdivision ordinance requires a minimum of one front yard tree per lot. The developer would also need to mitigate for tree removal as required by the City's Natural Resources Management Ordinance. Tree Inventory/Mitigation: The two properties are heavily wooded, so a tree inventory and tree mitigation plan will be required in connection with this development proposal. Wetland Delineation: The low area in the proposed development is being reviewed to determine whether there is a wetland on the site. The City's Water Resources Specialist, Jane Byron, will review the petitioner's engineer's findings and make a final determination. Elevation Drawings: Not required for a single family development proposal. Pedestrian Access: The City's trail and sidewalk policy would normally require the construction of sidewalk along both sides of Frost Point Way. However, when the Dahle Oaks development was considered, the City required sidewalk on only the south side of Frost Point Way to reduce the right-of-way width to help save trees in the development. Dedication of escrow for future trail along Galaxie Avenue will also be required. Public Safety Issues: None identified at this time. Recreation Issues: Cedar Knolls Park is located across Galaxie Avenue from the subject property. Cedar Knolls Park is classified as a neighborhood park and contains playground equipment, tennis courts, a natural area and pathways. A cash-in- lieu-of-land park dedication will be required for this development. Signs: No sign approvals are given at this time. A separate sign permit must be obtained prior to the installation of any signs. Public Hearing Comments: To be taken. Attachments: 5. Zoning Map 1. Petitioner Letter 6. Concept Layout #1 2. Location Map 7. Concept Layout #2 3. Area Map 8. Preliminary Sketch Plan LL Comp Plan Map 3 Date: June 25, 2013 To: KathyBodmer City Planner City of Apple Valley Re: Hunter Woods Thank you for offering a sketch plan review for the properties located at 12842 and 12866 Galaxie Avenue. We understand this process will include review by both city staff and the Advisory Planning Commission. The subject properties will be combined to provide a 13 lot, single family home development on approximately 5.6 acres. The two properties are currently zoned R -1 and comp. guide LD. Hunter Emerson is requesting to rezone the parcels to R-3. The current land use designation and R-3 zoning are compatible with the adjacent properties: R-3 to the east, R-1 to the south and R-2 to the north. The development will continue to take access from Galaxie Avenue with additional access provided by the connection to Frost Point Way. The parcels are relatively flat and wooded. In effort to minimize grading and unnecessary removal of mature trees that buffer the surrounding residents, Hunter Emerson intends to provide custom home pads. We have provided sketch plans with and without ponding located at the low point of the site. Given that mature tree are located within this area this may not be considered a wetland, but rather the natural flow for run off and short term water storage during larger events. We will await the City's feedback to whether ponding is suggested on lots 12 and 13 and welcome possible alternatives such as rain gardens. Please contact me should you require any further information to complete this review. Again, we appreciate your preliminary feedback to our proposal. Regards, Peggy Carlson Consultant, Hunter Emerson, LLC 651'307-2626 location map LA T NO. 19-19 130TH ST HUNTER WOODS AREA MAP MN. DEPT. OF TRANS. PLAT NO. 19 -20 & 19-24* ■.■ a dal /7 C --- ---6] / / -----,-,_.; _ ,----) [- • ---- D c —s / ... \ i 1 ''\., Fij ...,, , _ ,...4, , s.r % i„ ' tri I 1 la ,,Lo, ,./ , / , it -<-1 . o, r-- \ \ i\ I \-p..., \ ,:-..,, \ 1 tu ----_, ii.4) ,, 1 ." if ----- CD \ Ln ,----::, -,.. -- ia ,-- , MCANDREWS RD P Eii)1 j:1 HUNTER WOODS COMPREHENSIVE PLAN MAP , 1 29TH 8T W \ r GABLELN < F- 1 /— o N FOLIAGE CT II —\ orip44_4 Ice LITT • M-BC n. 3 j E r M-7C1 Ntqc #4L- „ hilqC ...._, 1 / j i T 9 1 ECU 1 P a MCANDREWS RD HUNTER WOODS ZONING MAP 1 28th Street Ct N / Galaxie P1 This Siie4 lit to itilat3 atirban n7 rk.cniltd pupce Mit ILO rnop is subject io ctoorwiineat natio Frot Point Way_ ------- evelopment ,// ,/ / i I I q) aieleareee. 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H 0 , Q Q cri w 0 0 bD Q) co - a c ro s_. 4— c w 0 0 0 ro cu w o 0 0 Hunter Woods Sketch Plan Apple Valley Planning Commission Meeting July 17, 2013 Requested Actions Sketch Plan Review of Hunter Woods: • Rezoning from "R -1" (Single family, 40,000 sq. ft. min. lot) to "R -3" (Single family, 11,000 sq. ft. min. lot) • Subdivision by preliminary plat to create 13 lots for single family development. 7/18/2013 1 Location Map 12842 and 12866 Galaxie Avenue 7/18/2013 2 Comp Plan Map "LD" (Low Density Residential 2 -6 units /acre) 7/18/2013 3 Zoning "R -1" (Single family 40,000 sq. ft. min. lot) 7/18/2013 4 7/18/2013 5 Issues • Site heavily wooded — tree inventory and tree mitigation plan needed. • Low area — confirmed not a wetland. • Rezoning to R -3 consistent with other recent rezoning in area? • Storm ponding and infiltration requirements will need to be determined. • Sidewalk will need to be extended from Dahle Oaks development. • Taylor property? 7/18/2013 6