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HomeMy WebLinkAbout11/06/2013 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 NOVEMBER 6, 2013 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. 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 SEPTEMBER 18, 2013 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Fiesta Mexican Restaurant Public hearing to consider conditional use permit to allow for (PC13-42-C) on-sale liquor at Fiesta Mexican Cuisine Restaurant. LOCATION: 14871 Granada Ave. PETITIONER: MANA Restaurants, LLC B. Appliance Smart Conditional Use Permit and Building Addition Public hearing to consider conditional use permit to allow for on-sale liquor in conjunction with a Class I restaurant and site plan/building permit authorization to allow for a 6,364 sq. ft. restaurant addition to the (PC13-40-CB) Appliance Smart building. LOCATION: 7370 153rd Street West PETITIONER: 7370, LLC C. Sign Ordinance Amendment Public hearing to consider an amendment to Chapter 154 of City Code of Ordinances (Signs) to allow for electronic message signs on ground/pylon signs (PC13-41-M) LOCATION: Citywide PETITIONER: Uponor North America 6. LAND USE/ACTION ITEMS A. ISD 196 ECFE/ECSE/ABE Building - Consideration of a subdivision by preliminary plat of 13.7-acre unplatted parcel and site plan review/building permit to allow for construction of a 52,000 sq. ft. building for early childhood family education, early childhood special education and (PC13-35-SB) adult basic education. LOCATION: 14445 Diamond Path PETITIONER: Independent School District 196 B. Hunter Forrest Consideration of a rezoning from - - plat to subdivide three parcels with a total area of 7.41 acres to create sixteen (16) lots for single (PC13-37-ZS) family development. LOCATION: 12842, 12866 and 12896 Galaxie Avenue PETITIONER: Manley Development 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, December 4, 2013 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, November 6, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, November 25, 2013 Wednesday, December 18, 2013 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, November 20, 2013 -Site plan, variance applications due by 9:00 a.m. on Monday, December 9, 2013 NEXT CITY COUNCIL MEETINGS Thursday, November 7, 2013 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Tuesday, November 26, 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, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Keith Diekmann Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 18, 2013 Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES SEPTEMBER 4, 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 Scanlan, approving the minutes of the meeting of September 4, 2013. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Hunter Forrest - Public hearing to consider a rezoning from "R-1" (Single family, 40,000 sq. ft. minimum lot) to "R-3" (Single family, 11,000 sq. ft. minimum lot) and subdivision by preliminary plat to subdivide three parcels with a total area of 7.41 acres to create sixteen (16) lots for single family development. (PC13-37-ZS) LOCATION: 12842, 12866 and 12896 Galaxie Avenue PETITIONER: Manley Development CITY OF APPLE VALLEY Dakota County, Minnesota , Planning Commission Minutes September 18, 2013 Page 2 of 5 Chair Melander opened the public hearing at 7:02 p.m. Planner Kathy Bodmer stated the applicant, Manley Development, requests consideration of the Hunter Forrest development which would require the rezoning from "R-1" (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 minimum lot) and subdivision by preliminary plat to create 16 lots for single family development. The petitioners wish to develop three large rural estate parcels located on the east side of Galaxie Avenue south of the Dahle Oaks. The three parcels total approximately 7.4 acres in size after right- of-way is dedicated for Galaxie Avenue. The Planning Commission reviewed the Sketch Plan for the project at the August 17, 2013, meeting. One significant issue at that meeting was the Taylor property at 12896 Galaxie Avenue and the fact that it was not initially included in the development proposal. Since the time of the Sketch Plan, the developer has worked with the Taylors and is now including the Taylor property in the development. The following is a quick summary of some of the important issues related to the project: • The three parcels are heavily wooded, so a tree preservation and tree mitigation plan would need to be reviewed by the City's Natural Resources staff. The petitioners are exploring whether they would dedicate conservation easements to ensure long-term maintenance of the wooded areas in the rear yard of the newly established lots. • The internal street is dedicated as a 50 right-of-way with a 32' wide street. The right-of-way would need to be increased to 54' or the street would need to be reduced to 26' to provide adequate room for snow storage. • The grading plan currently shows grading for only the installation of the street, cul-de-sac and infiltration basin. The petitioners state that they are a custom builder and that the pad sites are graded out once the home design is selected. The grading plan would need to include the building pad sites to evaluate drainage between lots, driveway slopes and house pad elevations for sanitary sewer connections. The tree mitigation plan would need to be revised to reflect the revised grading plan. • Two lots in the subdivision do not meet the lot width requirements of the Zoning Code and Subdivision Code and would need to be reconfigured or a variance would be needed. • Sidewalk would be required along the Frost Point Court cul-de-sac. Discussion followed. Peggy Carlson, Manley Development, provided additional information. Andy Davids, 12898 Forest Ct., reviewed a presentation and stated the neighborhood would like to partner with the City and developer to propose suggestions and amendments to the development. He reviewed concerns and objectives. He expressed concern for the second access point on Galaxie Avenue and how traffic needs to merge into one lane as cars drive north on Galaxie Avenue from McAndrews Road. He suggested, that during construction, to have a temporary access for trucks and then remove the temporary access and only have one street access into the development by way of the existing Frost Point Way. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2013 Page 3 of 5 Victor Feldman, 6888 129th Street, stated the concern he has is really more aesthetic. He said the concept of the cul-de-sac, rational for moving here and liking the area with the enclosed view and privacy, along with the tree lines really adds. He liked the tree line because it creates a visual barrier to what would be developed there and minimizes sound. He reviewed the conservation area and a tree preservation plan put together by Manley Development. He provided different options for lot layouts which included losing one of the lots for construction and asked how this would be handled with the cost for the developer. Chair Melander commented that it is not the responsibility of Planning Commission to consider economic considerations but the highest and best use of the land. The value of the homes and the cost of the development are issues outside of their area of responsibility. Chris Murgic, 12890 Forest Ct., stated his property abuts the Taylor property and there is a significant elevation change to the Taylor property. He has a rock wall and had concerns for how the grading plan may change this if there would be runoff into his backyard. Another concern he had was the elevation change of a two-story house looming large over his house. He would like to maintain as much screening as possible. He felt the density of the proposed houses zoned R-3 versus R-2, for consistency sake with Dahle Oaks and traffic flow, would be more logical for the proposed property to be zoned R-2. Paul Gerber, 12835 Foliage Avenue, expressed concern for aesthetics and elevations and liked ramblers because the lots would have to be larger and the height of the homes would not be so extreme in the proposed development. His property used to flood and he has built numerous berms. The corridors bring tremendous beauty and he sees whitetail deer, fox and turkey. He said density becomes an issue when trying to preserve and maintain the integrity of the neighborhood. Tom Troester, 12825 Foliage Avenue, stated that the plans for Dahle Oaks started out as townhomes and then became single-family houses zoned R-2. He felt if the proposed development was to be zoned R-2, lots would be bigger and more trees would be preserved. Charles Morgenroth, 12915 Galaxie Place, asked the Planning Commission to be cognizant that this would go forward and fundamentally change the neighborhood. He asked for the City to use some cautious approaches and to work with the builders and neighbors. Lisa Broden, 12842 Galaxie Avenue, stated she is the owner of one of the properties, being discussed for this development. She said the neighborhood has changed and it is their turn to sell and move on. To the east and south of them is zoned R-3 and this is what they want. Becky Moran, 7051 128th Street Ct., expressed concern for the traffic on Galaxie Avenue where the two lanes become one lane. She wanted to bring to everyone's attention that in the morning when Cedar Avenue is full people use Galaxie Avenue. She said it is difficult to exit from her neighborhood onto Galaxie Avenue. She liked what was proposed earlier that only one access from the development to Galaxie Avenue through the Dahle Oaks development be considered. She suggested a traffic study including speed be conducted if another entrance was to be added. CITY OF APPLE VALLEY 'Dakota County, Minnesota Planning Commission Minutes September 18, 2013 Page 4 of 5 Carol Taylor, 12896 Galaxie Avenue, stated she owns the southern most property, and enjoys the wildlife corridor. She really wants this to be a nice looking development. Her existing house might be difficult to fit in this new development. Linda Melena, 12845 Foliage Avenue, commented she would like to see the number of homes reduced for the development in order to maintain the wooded lots. Renae Porath, 12892 Forest Ct., stated they have a line of pine trees that gives them a nice buffer where the development would be but those pine trees are dying. She was wondering if the builder would want to take them down and put in some different trees to buffer that because they are not always going to be there. The more trees they have the more water the trees would soak up so that would help eliminate any flooding and issues with flooded basements. Further discussion followed. Chair Melander closed the public hearing at 8:21 p.m. and recessed for a two minute break. Commissioner Schindler left the meeting at 8:25. 6. LAND USE/ACTION ITEMS A. ISD 196 ECFE/ECSE/ABE Building — Consideration of a subdivision by preliminary plat of 13.7-acre unplatted parcel and site plan review/building permit to allow for construction of a 52,000 sq. ft. building for early childhood family education, early childhood special education and adult basic education. (PC13-35-SB) LOCATION: 14445 Diamond Path PETITIONER: Independent School District 196 Planner Kathy Bodmer presented the request from Independent School District 196 for consideration of a subdivision by preliminary plat of a 13.7-acre parcel into two lot and site Plan Review/Building Permit Authorization for construction of a 2-story, 52,000 sq. ft. building for early childhood family education (ECFE), early childhood special education (ECSE) and adult basic education (ABE). The request to relocate a cold storage building, outdoor storage area, and fuel dispensing area have been postponed until the "P" (Institutional) zoning district can be amended to address these items. The ECFE building is a permitted use in the "P" (Institutional) zoning district, so the School District wishes to move forward with only the ECFE building at this time. At the public hearing held at the September 4, 2013, residents raised concerns about traffic generation and speed on 144th Street W. A traffic study would need to be reviewed and analyzed by the engineering staff. She addressed other resident concerns from the public hearing. The preliminary plat was revised based upon comments raised at the September 4, 2013, Planning Commission meeting. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2013 Pa e 5 of 5 The landscape plan was revised showing a trail connection from 144th Street West to Drake Path which would serve as a connection for the Barbara Savanick Trail. The Engineering and Parks Departments would like to review the trail location in more detail to confirm the crossing of 144th Street W. Screening of the School District property from residential properties to the west was a concern. The landscape plans show extensive tree plantings throughout the site to help screen the development from the residential properties to the west. Because the project includes removal of mature trees, a tree mitigation plan has been submitted which will need to be reviewed by the Natural Resources staff. She stated that staff had not had the opportunity to review the Traffic Study, the Tree Mitigation Plan and that there were still outstanding issues related to the stormwater calculations. Staff was not ready to make a recommendation concerning the project. Discussion followed. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, October 2, 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 Burke moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:49 p.m. Ayes - 5 - Nays - 0. Res ectfully Submitted, Murphy, Planning Pepartm t Assistant Approved by the Apple Valley Planning Commission on Agenda item: 5A FIESTA MEXICAN CONDITIONAL USE PERMIT Case Number: PC 3-42-C Staff Reviewer: Margaret Dykes Application Date: October 21, 2013 Meeting Date: November 6, 2013 Petition for: Summary of Issues: • Conditional Use Permit for On-Sale Liquor at Fiesta Mexican Cuisine Restaurant, 14871 Granada Avenue. Conditional Use Permit: The owner of Fiesta Mexican Cuisine Restaurant is requesting a Conditional Use Permit (CUP) for on-sale liquor in conjunction with the restaurant. The subject site is located in an "RB" (Retail Business) zoning district, which allows on-sale liquor with restaurant facilities. The building was constructed in the early 1970s. The tenant space was previously occupied by a restaurant, but no CUP was issued for on-sale liquor. The site is adjacent to other retail business uses, including Time Square, Dairy Queen, and McDonald's. The recently opened restaurant is considered a traditional Class I restaurant. The 5,634 sq. ft. restaurant is located in Granada Shopping Center, and will have a total of 200 seats as shown on the submitted floor plan. The Code requires 1 parking space for each 2.5 seats in a Class I restaurant. The floor plan shows 200 seats (168 in dining room and 32 in bar). Based on the 200 seats shown on the submitted plans, a total of 80 parking spaces are required for the restaurant, and 98 spaces are required for the remaining retail tenants (176 total). There are 142 parking spaces in the Granada Center lot. Though there is shortage of parking spaces, there is an approved shared parking plan for Granada Shopping Center that allows the shortage to occur. This is because the types of users in the Center stagger their parking needs. The City has not received any complaints about parking shortages on the site. The City code defines a conditional use as one that is permitted in a zoning district provided certain criteria are met. The purpose of the conditional use permit is to determine if the proposed site has any unique characteristics that require special consideration to adequately accommodate the proposed use without adversely impacting surrounding uses. In general, if a conditional use permit is requested and the request meets the objective standards delineated by applicable ordinances, the permit must be approved. Staff finds that the consumption of alcohol served by Fiesta Mexican Cuisine Restaurant will be sufficiently contained within the site and will not have an adverse impact on surrounding properties. Therefore, staff finds that the request for a CUP complies with the requirements of City code. Public Hearing Comments: To be taken. However, if no adverse comments are received and the Commission has no outstanding issues, staff is recommending approval of the proposed Conditional Use Permit. Recommended Open the public hearing, receive comments, and close the public hearing. It is the policy of the Planning Action: Commission not to act on an item the same night as its public hearing. However, if there are no adverse comments from the public and the Commission has no outstanding issues, staff is recommending approval of the CUP request for Fiesta Mexican Cuisine Restaurant, 14871 Granada Ave., with the following motion: • Recommend approval of a Conditional Use Permit for on-sale liquor in conjunction with a Class I restaurant to be located on Lot 2, Block 1, Valley Commercial Park 1 Addition as shown on the floor plans received m City offices on October 21, 2013, subject all applicable City codes and standards, and the following conditions: 1. There shall be no more than 200 total seats for patrons in the restaurant to comply with City Code Section 155.379 (Minimum Required Parking Spaces). 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 Platted. Attachments: 1. Location Map HESTA MEXICAN COND TV NAL USE PERMIT 14871 Granada Ave., south side of Granada Shopping Center Lot 2, Block 1, Valley Commercial Park 1 Addition "C" (Commercial) "RB" (Retail Business); allows on-sale liquor as a Conditional Use. Granada Shopping Center. Lot size is 1.16 acres. Flat. None. None identified. NORTH SOUTH EAST ST PROJECT EVIEW Comprehensive Plan Zoning/Land Use Dairy Queen Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use H:\DEVELOPM\2013 Projects\Fiesta Mexican Liquor CUP\PCreportl.docx 2 Granada Shopping Center Time Square and McDonald's 2. Comprehensive Plan 4. Site Location Detail "C" (Commercial) "RB" (Retail Business "C" (Commercial "RB" (Retail Business "C" (Commercial) Pennock Plaza (Valley Bike & Ski) "RB" (Retail Business "C" (Commercial "RB" (Retail Business) 3. Zoning Map 5. Floor Plan 1 , „._... ,......„.......„..„:„...-- ., '7 1 A II 1 ,---- ' ' ,--,- ,,......,............,- r------, ,...„..............„,„, '.---:-:----------; WALMART ANT HOUS BAKI -BUIll QOLDWELL eBANKER BURNET PPLE ,LL NI AL Ti. - gENCYsmi: SOU : RAN:I, - 150TH FIESTA MEXICAN CUP LOCATION MAP IELSEN! 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AND BUILDING ADDITION Agendaltem: 5E e Case Nurvi 1340- Staff Reviewer: Thomas Lovelace licant: 7370, LLC 13plication a e: Septeniber 18, 2013 ovember6, 2013 Petition for: Purpose: Summary of Issues: • Conditional Use Permit • Site Plan/Building Permit Authorization The applicant requesting approval of conditional use permit for on-sale liquor in conjunction with a restaurant and site plan/building permit authorization to allow for construction of a 6,364-sq. ft. addition to an existing 49,100 sq. ft. retail building located at 7370 153r Street West. The proposed addition will be the location of a Class I restaurant and will include a 1,400 sq. ft. outdoor patio area. The eight proposed parking spaces will be located adjacent to the common drive aisle that serves both the Appliance Smart and Cub operations by providing access to their receiving docks. Those spaces should be removed, as they will be in the path of delivery vehicles leaving Cub's most easterly receiving docks. Minimum parking needs for the existing and proposed uses will be 247, which is six spaces more than what is shown on the proposed plan and fourteen spaces less with the loss of the eight spaces adjacent to the common drive. A cross access and parking easement between the subject property and the lot directly to the east, which may address any concern regarding parking adequacy. In addition, the parking demands and peak parking times for the three uses will vary, which may offset the small parking space deficiency. The applicant has not provided elevation plans for the enclosure. This structure shall be architecturally compatible with the building. A 36-inch high decorative fence will be constructed around the perimeter of the outdoor dining area. The fence height should be increased to a minimum of 48 inches. A five-foot wide sidewalk will be installed along the west side of the building that will provide pedestrian access from the front of the restaurant to the rear parking lot. The sidewalk should be extended all the way to the south end of the rear parking lot. For security purposes, the applicant should submit a lighting plan that will ensure adequate lighting in the rear parking areas prior to issuance of a building permit. Bicycle parking shall be provided with the installation of a bicycle rack in front of the restaurant. A detailed planting price list shall be required for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. The proposed addition will be constructed over an existing storm sewer line, which will limit access to that line for maintenance or replacement purposes. The lines will need to be relocated prior to issuance of a building permit to the satisfaction of the City. Recommend Action: Open the public hearing, receive comments and close the public hearing. Although, it is the policy of the Planning Commission not to act on a request the night of the public hearing, staff is anticipating that there will not be any public comments that will require additional information. Therefore, if the Commission concurs, staff is recommending the following: 1. Approval of a Conditional Use Permit to allow for on-sale liquor in conjunction with a Class I restaurant, subject to the following conditions: • The conditional use permit shall apply to property legally described as Lot 2, Block 1, APPLE VALLEY RETAIL 2 ADDITION. • Such operations shall be conducted in conformance with the site plan dated August 14, 2013. • The conditional use permit shall apply to a Class I restaurant on the legally described property and such operations shall be conducted in conformance with the floor plan dated August 26, 2013. 2. Approval of the site plan/building permit authorization to allow for construction of a 6,364 sq. ft. building addition to the existing building on Lot 2, Block 1, APPLE VALLEY RETAIL 2 ADDITION, subject to the following conditions: • Construction shall occur in conformance with the site plan dated August 14, 2013, subject to the removal of the eight (8) parking spaces adjacent to the shared common drive. • Construction shall occur in conformance with the elevation plan dated August 26, 2013. • The petitioner shall identify a bike rack location on their plans. • A north/south section of sidewalk should be installed along the west side of the proposed addition, from the front of the restaurant to the south end of the rear parking lot. • A landscape plan and detailed planting price list shall be submitted for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. • A lighting plan shall be submitted that will ensure adequate lighting in the rear parking areas prior to issuance of a building permit. • The location and design of the new storm sewer line will need to be approved by the City prior to issuance of a building permit and the old line shall be removed prior to construction of the addition. • The outdoor dining area decorative fence shall have a minimum height of 48 inches. • All applicable City ordinances shall be strictly adhered to. Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses APPLIANCE SMART C.U.P. AND BUILDING ADDITION PROJECT REVIEW 7370 153 Street West Lot 2, Block 1, APPLE VALLEY RETAIL 2 ADDITION "C" (Commercial) "RB" (Retail Business) Platted Appliance store 4.5 acres Flat Existing Conditions Landscaping consistent with a suburban retail development None NORTH SOUTH EAST WEST Office Max Comprehensive Plan Zoning/Land Use Vacant Comprehensive Plan Zoning/Land Use Dollar Tree Store Comprehensive Plan Zoning/Land Use Cub Grocery Store Comprehensive Plan Zoning/Land Use "C" (Commercial) "PD-244/zone 1" (Planned Development "MIX" (Mixed Use) R-1 Single Family 40,000 s.f. "C" (Commercial) "RB" (Retail Business) "C" (Commercial Development Project Review "RB" (Retail Business) Comprehensive Plan: The 2030 Comprehensive Plan Land Use Map designates the site "C" (Commercial). The proposed conditional use permit and building addition requests would be in conformance with the existing map designation and the goals and policies of the Plan. Zoning: The property is currently zoned "RB" (Retail Business). Retail business districts are areas, which are centrally located to serve the need for general retail sales. The current use is a permitted use within the "RB" zoning district. The applicant is proposing to construct a 6,364 sq. ft. addition in the northwest corner for a future restaurant. The existing building will be divided, with the west 26,360 sq. ft. to be occupied by the existing Appliance Smart retail operation and the east 22,740 sq. ft. will be the future location of a fitness center. Conditional Use Permit: The applicant is requesting approval of a conditional use permit to allow for on-sale liquor as part of proposed restaurant operation. A conditional use is a use permitted in a zoning district that is contingent upon complying with all conditions as set forth by the approving agency, in this case the City of Apple Valley. The purpose of the C.U.P. procedure is to determine if the proposed site has any unique characteristics that require special consideration to adequately accommodate the proposed use without adverse effects upon the surrounding uses. The proposed restaurant is located in the Apple Valley's downtown commercial area. Uses on property adjacent to the site consist of a Cub grocery store to the west, the Southport retail development to the north, a variety of retail uses to the east, and the future bus layover station to the south. The nearest residential dwellings are approximately 900 feet from the proposed restaurant. Access to the restaurant will be from the drive connections off 153r Street West that currently serve the Appliance Smart, Cub, Dollar Tree, and Goodwill stores. No new access drives are proposed with this restaurant addition. The zoning code states that the Planning Commission shall recommend a conditional use permit and the Council may issue conditional use pen if it finds that the use at the proposed location meets the following standards: • Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. • Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions. • Will be designed, constructed, operated and maintained to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. • Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. • Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. • Will have vehicular ingress and egress to the property that does not create traffic congestion or interfere with traffic on surrounding public streets. • Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • These standards apply in addition to specific conditions as may be applied throughout the code. The proposed conditional use will be in conformance with the established standards and should not have an adverse impact on the existing uses adjacent to the proposed restaurant. Site Plan: The site plan shows a 6,364 sq. ft. addition that will be attached to the existing building and will be built over a portion of an existing 44-space surface parking lot located on the west side of the existing building. This will result in the loss of 23 spaces in that west lot. The applicant is proposing to pick up those lost spaces by adding 23 spaces behind the existing building and 8 spaces behind the proposed addition. The spaces in the rear of the building will be used primarily for employee parking. The eight proposed parking spaces will be located adjacent to the common drive aisle that currently serves both the Appliance Smart and Cub operations by providing access to the businesses and their receiving docks. Those spaces will likely be in conflict with the path of delivery vehicles leaving Cub's most easterly receiving docks and should not be installed. This will reduce the number of spaces from the proposed 241 to 233 spaces. They could be added in the future after the Cub store-remodeling project, which will include the removal of the store's east 20,000 sq. The current Appliance Smart use has a demand for a minimum of 41 spaces. Standards set forth in the Uniform Building Code estimates that the occupancy for the proposed 22,740 sq. ft. fitness center could be 455 persons, which would require a minimum of 152 parking spaces. The proposed restaurant will have 111 indoor seats and 60 outdoor dining seats, which will create a need for a minimum of 54 parking spaces. Minimum parking needs for the existing 2 and proposed uses will be 247, which is six spaces more than what is shown on the proposed plan and fourteen spaces less with the loss of the eight spaces adjacent to the common drive. A cross access and parking easement between the subject property and the lot directly to the east, may address any concern regarding parking adequacy. In addition, the parking demands and peak parking times for the three uses will vary, which may offset the small parking space deficiency. The applicant is proposing a 1,400 sq. ft. patio that will be located adjacent to the restaurant in the northwest corner. The patio will be covered with pervious paver stones or bricks that will allow for the absorption of ground water. A 36-inch high decorative fence will be constructed around the perimeter with an emergency exit gate. Because alcohol will be served in the outdoor dining area, staff would like to see the fence height increased to a minimum of 48 inches. A five-foot wide sidewalk will be installed along the west side of the building that will provide pedestrian access from the front of the restaurant to the rear parking lot. The sidewalk should be extended all the way to the south end of the rear parking lot. For security purposes, the applicant should submit a lighting plan that will ensure adequate lighting in the rear parking areas prior to issuance of a building permit. Bicycle parking shall be provided with the installation of a bicycle rack in front of the restaurant. Grading Plan: The site will remain undisturbed with the exception of the excavation work needed for the building construction and extension of the necessary utilities to serve the proposed building addition. Elevation Drawings: The applicant has submitted an elevation plan that indicates that the exterior finish of the proposed addition will match the existing building. Decorative canopies will be placed above the windows and the main entrance. A trash enclosure will be located behind the building. The applicant has not provided elevation plans for the enclosure. This structure shall be architecturally compatible with the building. Landscaping: City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 2 of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. Availability of Municipal Utilities: All public utilities necessary to serve the proposed building addition are currently available onsite. Sanitary sewer and watermain lines will be extended north from their current location behind the existing building to the new addition. The proposed addition will be constructed over an existing storm sewer line that runs from a current catch basin in the front drive aisle to a catch basin the west parking lot. This will limit access to that line for maintenance or replacement purposes. The applicant is proposing to relocate that section so that it will run along the front of the proposed addition and connect with the existing line to the west of the site. The location and design of the new storm sewer line will need to be approved by the City prior to issuance of a building permit and the old line shall be removed prior to construction of the addition. Street Classifications/Accesses/Circulation Vehicular access will be available via drive lanes located along 153r Street West, a minor collector with a design capacity of 5,000-15,000 trips per day. The street has been designed to accommodate the expected traffic that will be generated by this proposed development. Pedestrian Access: A public sidewalk is located along 153r Street West. A private sidewalk located along the east side the westerly common drive. A sidewalk connection from the parking area behind the proposed addition to the entrance of the building shall be installed. 3 Signs: The submitted plans show building signage on the front elevation. No signage details have been included with their submission. Any approval of the site plan/building permit authorization request does not constitute sign approval. A separate sign application will need to be submitted and approved prior to erecting any signs. Public Hearing Comments: Open the public hearing, receive comments and close the public hearing. Attachments: Location Map Land Title Survey Grading/Utility Plan Comprehensive Plan Approved Site Plan Elevation Drawings Zoning Map Existing Conditions Plan Restaurant Floor Plan Final Plat Site Plans 4 APPLIANCE SMART C.U.P. AND BUILDING ADDITION a! u j s w P>fi - tr'',F1., i I 1 r.a a 11i F Si he 411411,11i I *No } e +�:�'s' oaFa y ;, ,c.0 4; x.�: t:�:ac�:4,c.� APPLIANCE SMART C.U.P. 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MINNESOTA 86 LO" n CHECKED BY • ,}0T [ : 1 SAMES CID n n 0 a • . • 10' X 20 STASE • 00 TRASH ELI n CIO 0 00 00 0 nn (7) SEVENTY THREE SEVENTY, LLO 14615 MARTIN DRIVE EDEN PRARIE, MN., 55344 BOB OROOTHASSINK ('152) '144 -1665 RAG DRAFTING '1448 GREEK RIDGE LANE AND SAVASE, MN. 553 (612) '165-3ggN ESTIMATINS OD EDU nn 00 0 00 00 0 MOMOMMOOMM REV DATE Ern 0E1 El 0 r n 00 O/10/I3 REVISED DESCRIPTION City of Apr) e Valley Planning Commission Members TO: FROM: Margaret M. Dykes, Planner MEETING DATE: November 6, 2013 Agenda Item #5C Community Development Department SUBJECT: Amendment to Chapter 154 (Sign Code) to allow for electronic changeable copy on ground/pylon signs Case No. PC13-41-0 Request: Uponor North America has requested amendments to the City Code to allow for electronic changeable message sign integrated into permitted ground and pylon signs. MEMO Current Code: Chapter 154 (Signs) defines a Changeable Sign as, "A sign or portion of a sign with separate inset letters and/or symbols which can easily be removed and which are periodically changed." All changeable signs in the City are readerboards, which are manually changed. These signs are limited to a maximum of 2/3 of a permitted freestanding sign i.e., ground or pylon. Depending on the zoning district, a freestanding sign ranges from 40 sq. ft. for neighborhood commercial areas up to 180 sq. ft. for major shopping center areas. Therefore, changeable signs could range from 26 sq. ft. up to 119 sq. ft. The Code does not allow for electronic changeable copy, except for gasoline price signs, which may consist of digital or LED display signs. The Code also states, "No illuminated sign which changes in either color or intensity of light shall be permitted, except one giving public service information." Additionally, the Code strictly prohibits any flashing signs in any zoning district. Signs are a form of speech and, as such, are protected by federal and state constitutions. Local ordinances may regulate "time, place, and manner", but may not regulate content. In other words, a city may either allow or prohibit a type of sign, but may not restrict the message content of that sign. Driver Distraction: There have been substantial changes in sign technology since the City's sign code was adopted in 1990. The advancement of sign technology now allows for signs that appear to move, shimmer, include video or other graphic displays. A number of studies have measured the impact of electronic signs on driver safety, with the conclusion being that though new technologies exist that allow for enhanced display signs, these signs must be adequately regulated to ensure they do not district drivers thereby causing vehicle accidents. Other Cities Ordinances: Staff has reviewed other cities ordinances to determine appropriate standards for potential code amendments. The draft amendments are similar to those sign standards found in the cities of Burnsville, Lakeville, Eagan, Bloomington, and Minneapolis. Cities that have determined that electronic signs should be permitted have done so for a number of reasons. Generally, these signs have been allowed to accommodate recent changes in sign technology. Electronic signs allow for a change of message much more easily than a manual message board does, and means workers do not have to climb ladders to change out the message. Additionally, LED and other 1 new lighting technologies can save energy in comparison to current back-lit manual reader boards. However, the desire to accommodate these signs must be balanced with the need to protect the community from frequent sign changes that can distract drivers and adversely impact residential uses. The proposed amendments are more restrictive regarding the type of electronic signs that would be allowed, and the length of the message. Though other cities may allow for electronic graphic signs, or video signs, or allow signs to change more frequently that suggested, staff believes a more conservative approach is appropriate at this time because this is the first foray into allowing electronic signs. Pro osed Amend. ents: Uponor is requesting only a change to allow for changeable electronic message signs. The code amendment would allow them to install a 3' x 14.25' (43.5 sq. ft.) electronic message sign into their ground sign. The existing ground sign would be raised to 11' in height (from 8') and the total sign area would be increased from 80 sq. ft. to 121 sq. ft. if the electronic message sign is installed. The maximum sign copy area cannot exceed 110 sq. ft. A more detailed sign review would be done if the code amendment is approved by the City. 2 Agenda Item #5C Staff and the City Attorney's office have drafted the attached amendments, which would address Uponor's request. The draft amendments would allow for electronic message signs, with the following performance standards: O Changeable signs must be permanent, and not portable. O Electronic message signs would consist of only alphanumeric text information — no pictures or graphics would be permitted. • Only electronic message signs and readerboards would be allowed as permitted changeable signs; no electronic graphic display sign would be permitted. * These types of signs would only be allowed in commercial, industrial, and institutional districts; they would not be allowed in residential districts (either single family or multi-family). • Electronic message signs could only have a single, solid background color, and text must be one color. • The sign message must be static and not change for at least 20 minutes. The message must not scroll or ticker across the sign. * The sign must meet brightness standards, and the sign must be equipped with means to turn off the sign if it malfunctions or does not comply with the Code. Recommended Action: Open the public hearing, receive comments, and close the hearing. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. CITY OF APPLE VALLEY CHAPTER 154: PROPOSED ORDINANCE AMENDMENTS FOR ELECTRONIC MESSAGE SIGNS SECTION 155.02 DEFINITIONS To be added or modi ied CHANGEABLE SIGN. A sign or portion of a sign that has copy which recurrently changes or is intended to be recurrently changed for different message text or graphics. Changeable signs include readerboard signs and electronic message or graphic display signs as defined herein. READERBOARD SIGN. A changeable sign, which the copy consists of and is created by individual, manually removable alphanumeric characters. ELECTRONIC MESSAGE SIGN. A changeable sign that uisplays ekctronic. non-pictorial, alphanumeric text information utilizing a digital or LED display ign area. which the copy consists of and is created by a small number of matrix elements using di ClTerent combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination i!luniin'flion devics within the display area or transmitted digital copy to the display area which may be a plasma display or other monitor screen. Electronic message signs are changeable signs on which each alphanumeric character is changed by computer 'programmable, microprocessor controlled electronic methods. ELECTRONIC GRAPHIC DISPLAY SIG A changeable sign that displays electronic, images, graphics, ra hies, or pictures, with or withou text information, utilizing a digital or LED display sign area, which the copy consists of and is creatcd by a small number of matrix elements using illumination combinations of em light emitting diodes (LE fiber optics, light bulbs or other lmm ation devices within the display area or transmitte digital copy to the display area which may be a plasma display or other monitor screen. Electronic graphic display signs are changeable signs on - which the message, graphic Or both change and the change sequence is accomplished immediately or b me a ns of fade, repixalization or dissolve modes by computer programmable, microprocessor electronic technology. SECTION 154.04 SIGNS RE FLASHIN illuminated sign on which the artificial light is not maintained both stationary and constant in intensity and color at all times when a sign is in use. An electronic message sign docs not cons itute a Ilashinu. sign. ILLUMINA SIGN. Any sign that has any illumination directed upon or within or around the sign or sign structure whether by incandescent, florescent, halogen, LED, neon bulbs or tubes, or any other luminous tubes or method. UIRING A PERMIT To be added or modi led (A) Table of types of signs permitted. The types of signs permitted upon issuance of a permit shall be as detailed in Appendix C of this chapter. (L) Changeable signs subject to the following requirements: 1 CITY OF APPLE VALLEY CHAPTER 154: PROPOSED ORDINANCE AMENDMENTS FOR ELECTRONIC MESSAGE SIGNS (1) Only readerboard signs and electronic message signs are pei itted; no electronic graphic display sign shall be permitted; (2) The sign and the structure on which it is located shall be permanently installed and shall not be a portable sign; (3) The sign shall not be located with any residential or multiple family residential district; (4) No graphic(s) or picture shall be present on the or he background sign display area (5) If the changeable sign is an electronic messa be met: (a) The text or message on the sign shall be maintained one color; (b) The background of the dispiay area shall be maintaine as a solid, single color; and (c) The message shall message text shall not scroll or SECTION 154.05 P (H) Any sig illumination on an traffic control device (J) SIGNS .eS no c but may he changed at 20 minute intervals; the 2 ss the sign e following requirements shall lay area. ied) ashing copy or display, and flashing signs. There shall be shin (illuminated) copy or display, flashing signs or ear electronic message signs for which a to compiiance of all the regulations thereof set forth in this nection with roadway operations by the state, county or nal, marking. or device existing independently or with a sign or any n which urports to be or is an imitation of or resembles any official i!road sign or signal, or emergency vehicle signs is prohibited. (1) Any sign, signal, ma mg, or device existing independently or with a sign or any illumination on any sign which attempts to direct the movement of traffic or which obstructs from view or interferes with the effectiveness of any official traffic control device, street sign or railroad sign or signal is prohibited. Electronic graphic display sign. Electronic graphic display signs are prohibited. (A) Lighting regulations. CITY OF APPLE VALLEY CHAPTER 154: PROPOSED ORDINANCE AMENDMENTS FOR ELECTRONIC MESSAGE SIGNS SECTION 154.06 PERFORMANCE STANDA (1) All illuminated signs shall have an indirect or diffused light source and be designed so as not to direct rays of light onto public streets or adjacent property creating a public nuisance or safety hazard. (2) There shall be no flashing signs permitted in any district, except for signs or traffic control devises in connection with roadway operations by the state, county or city. (4) Lighted revolving signs shall he rmitted, but the bottoi the sign surface shall be a minimum of 12 feet above the street grade md t minimum of 100 feet m the center of any public street intersection. (5) Between sunrise and suns be five thousand (5,000) nits and bctweer five hundred (500) nits. All signs with a be equipped with an automatic the sign's brightness to com; means to immediate operator must immedia complying with the standa (B) freestan (D) Cha including the si requirement as pro drawings must be submil apply to the changing o sign structure, design or me immer con this spla e sign or n. ' 1 ol or ot rcquir y )r Iight 3 s To be rnodi ted maximum d sunns ectrornc message r intensity of light, except for era ions by the state, county or inance of all illuminated signs shall maximum luminance shall be ctronic graphic display must at automatically controls ns must also be equipped with a if it ma nctions, and the sign owner or mg when notified by the city that it is not um of two thirds of the total area of sign allowed for a ign as permitted herein. y chan or replacement of a sign or any portion thereof, w permit shall be required. If the sign does not exceed the size pter and the change is in copy only, an application and e permit fee will not be required. 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''' 010) cO coo< September 27, 2013 Ms. Margaret Dykes, Community Development / Planning City of Apple Valley 7100 147 Street West Apple Valley, MN 55124 Dear Ms. Dykes: Pursuant to our recent discussions regarding dynamic signs, existing City sign regulations, and Uponor's desire to incorporate such signage into our existing property sign, I'm submitting the attached items for the City's review and/or support to Uponor's application for a regulation change to allow for dynamic signage: O City of Apple Valley Land Use / Development Application • City of Apple Valley Deposit Agreement (escrow agreement) • Uponor escrow deposit check in the amount of $1,499.40 • Sign modification drawing (proposed) • Dynamic display specifications Uponor North America uponor As a result of our discussions I learned that other local businesses have also wanted to incorporate this currently prohibited sign technology and approached the City to request approval. As a result, you've done considerable research into the technology and how other nearby cities have revised their applicable regulations to allow for it. Therefore, I am not submitting any examples of other cities regulations in support of Uponor's application as your prior work, and your work with the City's Planning Commission, show that you conducted that research and that considerable discussions and consideration of this technology has already taken place dating back to 2010. Regarding Uponor's specific application I do want to express our strong desire to see the City's current sign regulations modified to allow for dynamic signage. In our specific case we see the following benefits: • Having the ability to communicate job openings/hiring opportunities • Event announcements specific to Uponor (e.g. open house, job fair, customer training events) * Event announcements not specific to Uponor where we provide use of our facilities to community or trade organizations (e.g. Apple Valley Chamber of Commerce, Manufacturers' Alliance, etc.) • Other potential uses benefiting Uponor and/or the surrounding community (e.g. emergency messages as requested by city, police, fire, etc.) 5925 148 Street West Tel: (800) 321-4739 Apple Valley, MN 55124 Fax: (952) 891-2008 USA Web: www.uponor-usa.com With respect to these benefits and use of a dynamic sign we agree with your desire to set reasonable limits around the size of the display and the frequency with which the displayed text/image could change. A quick review of other cities applicable regulations indicates there are numerous examples of workable regulations that Apple Valley could draw from should they choose to proceed with revising the existing regulations. Thank you for the time you've spent discussing this topic and your guidance on submitting the enclosed documents. As you know, we're hopeful that the City can revise its applicable regulation(s) prior to year-end as we have a desire to commit capital to this project during the 2013 calendar year and would want to be sure that any dynamic sign we order would be in full compliance with the City's regulations. If after review of this request and the documents submitted you should have any questions or need additional information please don't hesitate to contact me at your convenience. Real Estate and Development Manager, Uponor, Inc. Uponor North America uponor 5925 148 Street West Tel: (800) 321-4739 Apple Valley, MN 55124 Fax: (952) 891-2008 USA Web: www.uponor-usa.com Dynamic Signage Specification O 3' x 13.65' (borderless, meaning this is the cabinet and image size) O 16mm (40 x 260 pixels) O Real Pixels (1R1G1B) O Double Face (master 1 slave) • Front Serviceable Aluminum Cabinets • 8,500 nit (100,000 hours to half brightness) O Viewing Angles: Horizontal 140 degrees / Vertical 70 degrees O Voltage 110 - 240 O Average Watts = 756 / Max Watts = 2,156 O Nova Star Controller with Wi-Fi O Environmental Card with Light Sensor for Auto Dimming O Capable of Video, Photos, Text, Etc. Applicant: Independent School District 196 Case Number: PC13-35-Sli3 Reviewer: Kathy Bodrner Petition for: CITY OF APPLE VALLEY PROJECT SUMMARY ISD 196 ECFE/ECSE/ABE Building Application Date: August 8, Meeting Date: November 6, Request from Independent School District 196 for consideration of the following actions at 14445 Diamond Path: Subdivision of a 13.7-acre parcel into two lots. Site Plan Review/Building Permit Authorization to construct a 2-story, 52,000 sq. ft. building for early childhood family education (ECFE), early childhood special education (ECSE) and adult basic education (ABE). Summary of The Planning Commission held a public hearing for this project on September 4, 2013. At its Issues: September 18, 2013, meeting, the Planning Commission reviewed the public hearing comments and the responses to the comments and questions that were raised. The primary outstanding issue that needed to be resolved was potential future traffic impacts on the 144 Street and Diamond Path intersection. After reviewing the trip generation information that was provided by the School District, the City Engineer asked the City's Traffic Engineer to analyze how the additional traffic resulting from the new ECFE building would impact the 144 Street and Diamond Path intersection. The Traffic Engineer determined that the intersection would operate at a level of service C initially after the building is constructed, but in 5 to 7 years the level of service would degrade to an F. The City Engineer notes in his attached memo that a service level of C is desirable, level E is a significant concern, while a level of service F is unacceptable. Based upon the findings of the traffic study, it will be necessary to make improvements to the 144th Street and Diamond Path intersection. This will likely require additional right-of-way easements from the Diamond Path Elementary and Dakota Ridge School properties to widen the intersection. As a result, a cost share arrangement for the cost of improving the intersection and the necessary right-of-way easements will need to be determined. The details of this agreement will be memorialized in the development agreement. Recommended Staff review of the project finds that the proposed development substantially complies with the Actions: requirements of the City Code. In addition, issues identified by City Staff, the Planning Commission and the public have been adequately addressed. A few minor issues remain which are addressed below as conditions of approval of the project. Therefore, staff is recommending approval of the development as follows: a) Recommend approval of the subdivision by preliminary plat of Rosemount School District 2 Addition with the following conditions: i. If the City does not repeal Ordinance No. 433, which extends Drake Path right-of- way east through the property to Diamond Path and a portion of property for Tintah Park on the Official Map, the final plat shall include the dedication of the Drake Path right-of-way through the property east to Diamond Path and the portion of property for Tintah Park in accordance with the approved ordinance. ii. The intersection of 144 Street and Diamond Path shall be improved to accommodate the vehicular traffic generated from the proposed development. A development agreement shall be executed and recorded as a condition of the final plat approval between the School District and the City which provides the terms and conditions of the installation, the allocation of the payment of costs and the dedication of right-of-way easement for the 144th Street and Diamond Path intersection improvements. b) Recommend approval of the site plan and give building permit authorization to construct a 2-story, 52,000 sq. ft. building for early childhood, family, adult and special education on Lot 1, Rosemount School District 2 Addition, subject to compliance with all City Codes and the following conditions: . Approval of the Site Plan/Building Permit Authorization is subject to approval of the preliminary and final plat and execution of related development agreements if required. ii. A nursery bid list shall be submitted at the time of application of the building permit which confirms that the value of the landscape plantings meets or exceeds 2- 1/2% of the value of construction of the building based on Means Construction Data. iii. Truck hauling in connection with the construction project shall access the site only from the east off of Diamond Path and 144 Street and the District Service Drive on Diamond Path. iv. The construction shall be in accordance with the plans received in City Offices on September 13, 2013, and revised plans received October 10, 2013. Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Development Project Review 4445 Diamond Path INS - Institutional P-Institutional The property is currently unplatted. Lot 1: 6.2 acres Lot 2: 7.5 acres Total: 13.7 acres None identified. NORTH SOUTH EAST WEST PROJECT REVIEW The South Half of the Northeast Quarter of Section 25, Township 115, Range 20, Dakota County, Minnesota, EXCEPT those parts platted as Rolling Ridge and Rosemount School District Addition. District Service Center building with bus garage, cold storage building, fuel pumps and fuel tanks. Property drops significantly to the west and southwest. Urban landscape including maintained lawn and mature trees. In addition, groupings of unmaintained natural buffer areas with natural grasses and significant trees also exist on the site providing a separation between the School District property and residential properties to the west. Tintah Park and Kerry Addition Comprehensive Plan Zoning/Land Use Diamond Path Elementary (Lot 1, Block 2, Rosemount School District Addn) Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use Rolling Ridge Comprehensive Plan Zoning/Land Use P-Park and LD-Low Density 2-6 units/acre P-Institutional and R-3 Single family 11,000 sq. ft. INS-Institutional P-Institutional Dakota Ridge School (Lot 1, Block 1, Rosemount School District Addn) INS-Institutional P-Institutional LD-Low Density Residential 2-6 units/acre R-3 Single family 11,000 sq. ft. Comprehensive Plan: The Comprehensive Plan guides this property for "INS" (Institutional) uses. A facility for early childhood family education, early childhood special education, and adult basic education is consistent with the Plan designation. Zoning: The property is located in the "P" (Institutional) zoning district which allows for public and quasi-public uses including schools, public libraries, parks, playgrounds and churches. A facility for early childhood family education, early childhood special education and adult basic education is a permitted use in the zoning district. Zoning amendments for the fueling area and fenced outdoor storage will be addressed at a future time. Preliminary Plat: The preliminary plat of Rosemount School District 2 Addition involves the subdivision of the unplatted 13.7-acre School District property into two parcels. In 1989 when the Rolling Ridge development was approved west of this property, the extension of Drake Path was "officially mapped" through the School District property. In addition, an area of about 1.5 acres was also officially mapped north of the Drake Path extension which would have expanded Tintah Park. It appears that in the late 1980s, there was an expectation that the School District would redevelop their property and that a street extension would be needed. However, given the proposed investment in this new facility, it appears that the School District is not likely to sell off additional property for further development in the future. As a result, the City may consider repealing the ordinance that officially mapped the street and terminate Drake Path into a cul-de-sac. the preliminary plat was revised to address the issues raised at the previous Planning Commission meeting. The long narrow leg of Lot 2 was removed to meet the minimum lot width requirements. In addition, a cul-de-sac is shown dedicated to permanently terminate Drake Path. The plat is adjacent to Diamond Path (Co. Rd 33) which requires review and approval by Dakota County in accordance with the County's Contiguous Plat Ordinance. The Dakota County Plat committee reviewed the plat and their comments are attached. Site Plan: The site plan was revised to show a connection of trail from 144 Street to the building. In addition, a trail connection from 144 Street traverses the west edge of the property which will provide a walking path for the students as well as provide a missing portion of the Barbara Savanick trail. Grading Plan: Significant reshaping and grading of the site is proposed. The low area of the site is shown to be raised about 10' so that the second story is serviced by a bus drop-off lane on the upper portion of the property. The new ECFE building will be cut into the hill and will act as a retaining wall. Retaining walls are shown along the edge of the hill. Removal of significant trees in the buffer areas is also proposed which will require a tree mitigation plan. The berm on the south side of the site adjacent to 144 Street which currently screens the metal clad cold storage building is to be removed. This will allow direct view of the new ECFE building from 144 Street which the School District indicates is important to ensure that drivers do not drive west past the site and into the residential neighborhood. Truck hauling in connection with the construction project will be required to access the site from the east off of Diamond Path and 144 Street. Municipal Utilities: Colin Manson, City Engineer, provided a memo outlining the engineering issues on the project. The water will be looped from Drake Path to 144t1 and sanitary sewer will be taken from 144 Street. Street Classifications/Accesses/Circulation: The following streets are adjacent to the development site: • Diamond Path -- B-Minor Arterial — 120+ ROW • 144 St West -- Local Street -- 60'ROW -- 32' wide street • Drake Path -- Local Street -- 60'ROW — Currently terminates with a "T" hammerhead turn-around which is considered a temporary condition. Dedication and construction of a cul-de-sac will be reviewed in connection with this project. Traffic Study: A preliminary traffic study was conducted by the School District which provided traffic generation, distribution and existing speeds. The study found the following: • Existing trip generation from the ISD 196 bus garage property, is 1,450 trips per day — the proposed development will generate 1,206 trips per day. • 90% of trips will use Diamond Path to access site, while 10% will use 144 Street to/from west. • Of the 90% of the trips entering site from the east, 30% will use the northern bus garage service drive access from Diamond Path and 70% will use 144 Street access. • Traffic on 144 Street west of project is expected to increase from 950 to 1,070 vehicles per day, an increase of 120 vehicles per day. Based on the trip generation information that was received, the City Engineer asked the City's Traffic Engineer to analyze how the additional traffic resulting from the new ECFE building would impact the 144 Street and Diamond Path intersection. The Traffic Engineer analyzed the traffic volumes and determined that the intersection would operate at a level of service C initially after the building is constructed, but in 5 to 7 years the level of service would degrade to an F. Colin Manson, City Engineer, notes in his attached memo that a service level of C is desirable, level E is a significant concern, while a level of service F is unacceptable. Based upon the findings of the traffic study, it will be necessary to make improvements to the 144th Street and Diamond Path intersection. This will likely require additional right-of-way easements from the Diamond Path Elementary and Dakota Ridge School properties to widen the intersection. As a result, a cost share arrangement for the cost of improving the intersection and the necessary easements will need to be determined. The details of this agreement will be memorialized in the development agreement. Landscape Plan/Natural Resources: The landscape requirement for institutional uses is 2-1/2% of the value of construction of the building based on Means Construction Data. Because mature trees are proposed to be removed, the petitioner will need to provide a tree removal and mitigation plan. The plans were revised to include a parking lot island as required by the code. Jeff Kehrer, the City's Natural Resources Coordinator, reviewed the landscape plan and provided comments that are included in the staff report. He states that there is a nice variety of trees and shrubs shown on the plan. He notes that a significant number of trees will be planted on the west side of the site which should provide appropriate screening for the adjacent homes on Drake Path. Clarification of the white spruce is needed. Lastly, the Spring snow crabapple should be replaced with a disease-resistant crabapple species. The tree mitigation plan was reviewed by Jeff Kehrer and he notes that a total of 212 diameter inches will be removed which requires W% replacement or 21". The proposed landscape plan proposes to install a total of 231.5" of trees which should more than satisfy the City Code requirements. His comments will be forwarded the night of the meeting. He notes that the majority of the trees removed will be green ash, boxelder, and cottonwood. Elevation Drawings: Two styles of brick, glass panels, and accent materials are shown for the exterior building materials. The accent materials are not specified but a plan note says accent material will be metal panel system, stucco, etc., in compliance with City Code. The maximum building height allowed in the zoning district is 40', but 43'6" shown. When an average grade is calculated as defined by the code, the budding meets the height requirement. Pedestrian Access: The plans were revised so that there is now a connection from 144 Street to the ECFE building. In addition, a trail connection is provided along the west edge of the site which will provide a walking path for students in the building. At the same time, the trail on the west side of the site could help provide a missing link in the Barbara Savanick Trail corridor. Currently the trail drops at the School District property which means a trail user traveling north must cut through a parking lot behind Diamond Path Elementary School north to 144 Street, then west to Drake Path, and then north on Drake Path to Tintah Park. The new trail segment will help to provide a more direct connection. Public Safety Issues: See Roy Kingsley, Fire Marshall, memo. Roy reviewed the plans and provided some of the Fire Code requirements that will need to be addressed in connection with this project including sprinkling of the building, addressing, alarms, key boxes and fire extinguishers. Recreation Issues: When the extension of Drake Path was mapped in connection with approvals of the Rolling Ridge subdivision to the west, there was an indication that land was to be dedicated for Tintah Park. The disposition of this "mapped" parkland will need to be addressed. The Parks and Recreation Advisory Committee will review the proposed Barbara Savanick Trail link at their November 14, 2013, meeting. Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: 1. Traffic study needed to determine whether new development will impact adjacent properties. Staff response: A traffic study was conducted by the School District which found that the majority of the traffic generated by the new building will enter and exit the site from the east to Diamond Path. A follow-up study conducted by the City's Traffic Engineer found that improvements will need to be made in five to seven years to the 144 Street and Diamond Path intersection to accommodate the additional traffic generated by the new building. If the intersection does not function well, drivers may go west through the neighborhood as an alternative. Specific details related to additional right-of-way easements and cost sharing will be negotiated and finalized in connection with the development agreement. 2. Does the berm along the north side of 144 Street W. need to be removed? Staff response: The School District plans show that a benn along 144 Street that currently screens the cold storage building will be removed. The School District states that the ECFE building and site are being designed so that clients will be able to easily locate the building and maneuver through the site. This requires good visibility of the building from 144 Street. The majority of vehicle trips to this building will come from the east and travel west on 144 Street to the private north-south street between Dakota Ridge School and the ECFE site. If the building is visible from 144 Street, it will help to prevent traffic from driving west past the ECFE building and into the neighborhood. 3. How will this development impact property values? Staff response: Because many different factors contribute to the value of a home, it is not possible to attribute impacts of property value on a single adjacent land use. Property values are impacted by overall City development patterns and not one specific land use. In this case, the ECFE building will be constructed in compliance with the City's exterior design requirements, zoning and subdivision codes and State Building Code requirements. Where is the School District getting the money to construct this project? Staff response: The Planning Commission's charge is to review the land use issues related to the request. Financing of the project would need to be addressed by ISD 196. 5. District employees are smoking in the cul-de-sac in the adjacent neighborhood area. Staff response: The School District has been asked to address this issue with its employees. Parking on public streets is legal, but the City would like the School District to provide an alternative that does not negatively impact the adjacent neighborhood. 6. Did the School District consider a different location for this facility? Staff response: Again, the Planning Commission's charge is to review the requested land use action for the property specified in the complete application. When a complete application is received, the City must review it in compliance with City procedures, codes and State law. The School District may wish to discuss how this site was selected for this facility. Attachments: 1. New: City Engineer Memo re: Traffic Study 2. New: Natural Resources Coordinator Memo re: Tree Mitigation Plan 3. ISD 196 Responses to Public Hearing Comments 4. Location Map 5. Comprehensive Plan Map 6. Zoning Map 7, Preliminary Plat - Revised 8. Site Plan - Revised 9. Grading/Drainage Plan - Revised 10. Utility Plan - Revised 11. Sediment and Erosion Control Plan - Revised 12. Tree Preservation Plan 13. Landscape Plan — Revised 14. Existing Drainage Area IVIap 15. Proposed Drainage Area Map 16. Site Details 1 17. Site Details 2 18. Elevation Drawings 19. Natural Resources Coordinator Memo 20. City Engineer Memo 21. Fire Marshall Memo 22. Dakota County Plat Review September 9, 2013 23. Dakota County Plat Review September 23, 2013 2 4. Resident Letters 25. Oblique Aerial View 26. Savanick Trail Alignment Map 27. Savanick Trail Diamond Path Campus Area Map 28. Ordinance No. 433 Amending Official Map City of Apple Valley TO: Kathy Bodmer, Associate City Planner FROM: Colin G. Manson, City Engineer DATE: October 11, 2013 SUBJECT: ISD 196 Early Childhood Family Education Building MEMO Public Works Department The City of Apple Valley and our traffic engineering consultant conducted an analysis of 144 Street and at the intersection of 144 Street and Diamond Path as it relates to the ISD 196 development proposal. This study included an evaluation of the adjacent roadway segments immediately following completion of the proposed building and longer term consequences of increased traffic loading onto the adjacent public roadway system. A significant portion of the analysis focused on the level of service and associated delay at the intersection of 144 Street and Diamond Path. Under current conditions, the 144 Street leg of this intersection operates at a level of service B with approximately 12 seconds of delay per vehicle during both the AM and PM peaks. With the proposed development, this leg of the intersection is projected to operate with approximately 15 seconds of delay per vehicle during both the AM and PM peaks. The level of service during the AM peak falls to C while the PM peak maintains a level of service B. The intersection of the northerly access and Diamond Path was also analyzed. In both the existing and post build conditions this intersection operates at a level of service B. In general it is desirable to maintain operations at a level of service C. A level of service E becomes a significant concern and a level of service F is unacceptable. Operation of the intersection was also projected into the future. Under existing conditions with no additional traffic associated with the proposal, it is expected the 144 Street leg of the intersection will fall to a level of service F in approximately 17 years. With the introduction of traffic from the proposed development, the degradation to level of service F for the 144 Street leg of the intersection is projected to occur in 5-7 years. As operation of the intersection degrades, traffic patterns will begin to shift westerly along 144 Street. The traffic loading from the proposed school building can be accommodated for a short term period. However, the City, County and School District will need to begin the process of identifying and developing intersection improvements to avoid failure of the intersection at 144 Street and Diamond Path. Given the accelerated timeline for degradation of traffic operations at 144 Street and Diamond Path, two main points must be addressed in the development agreement. First, the development agreement must require that at the time of future intersection improvements, the school district will dedicate a reasonable amount of right of way to accommodate improvements at both the intersections of 144 Street and Diamond Path and at 145 Street and Diamond Path. Secondly, the development agreement shall address the requirement that the school district will be responsible for a portion of the cost associated with future intersection improvements that may be necessary at both 144 Street and 145 Street. The cost share scenario would be negotiated at the time of the future intersection improvements. Bodmer, Kathy Fromm:' Sent: To: Subject: Kathy, | reviewed the revised landscape plan, tree survey, and tree preservation plan for the proposed ISD 2 Addition. • The revised landscape plan has satisfied my previous comments on the preliminary landscape plan. Total tree removal is 212 diameter-inches which requires 1O% replacement or 21". The proposed Iandscape plan proposes 231.5", which more than satisfies City Code requirements. The majority oftrees removed are green ash, boxelder, and cottonwood. Please contact me with any questions. Jeff Kehrer City of Apple VaIley Natural Resources Coordinator 952-953-2461 office 952-215-9068 cell Kehrer, Jeff Monday, September 16, 2013 3:04 PM Bodmer, Kathy ISD 2nd Additon 1 INDEPENDENT SCHOOL DISTRICT 196 Rosemount-Apple VaIIey-Eagan Public Schools 3455 153 Street West Rosemount MN 55068-5946 September 13, 2013 Financing Consideration of options District staff smoking in the neighboring cul de sac Office 651-423-7700 Fax 651-423-7788 District citizen comments during the public heari September Planning Commission meeting. The new building will be financed through Lease Levy Authority (MN Statutes 126[.40). The district currently has a lease levy in place for these programs located in the Rahncliff Learning Center and the Early Childhood Learning Center facilities. The new lease structure anticipates no change to local property taxes. The district began looking at optional lease Iocations with the assistance of a commercial real estate broker. Administration reviewed a number of potential locations within our district communities; however none of these properties met the established criteria related to Iocation, size and access. Additional consideration of alternatives turned toward buliding a new facility on an open site. Due to limited commercial site options in ideal locations and a preference for operational savings, a study of all district-owned sites for available development capacity was conducted. Eleven of the district's sites appeared to have potential. Further study narrowed the realistic site options to three. After detailed analysis the district selected the District Service Center/Dakota Ridge/Diamond Path campus. WoId Architects and Engineers provided the district with a conceptual design for a new facility which would accommodate our operations. The district was not aware our employees were utilizing the cul-de-sac for smoking and will ask that they refrain from doing so in the future. For additional information or questions, please call Jeff Solomon, Director of Finance and Operations at 651-423-7713. Edticatir)g ()Lifrsttictents to reach their full potential � 194 — ~�------------------------�---- www.dimtrictn - ISD 196 ECFE /ECSE ABE BUILDING LOCATION MAP 140TH ST VII G � • � � P V' .•e4tfels IMO p - I I I I I I Wa r il l 11: WV 11111 EIREANN& 1 D . 111111 111 h 4w4"" 411 1 wiris % Hsisi, EA 1,,,, inwirip.„ - Ain' 411 r Less *coo 47,1, immvirr0 A 0 as 1110 Ilio Plill 10 wro 1014 numaftOoto rig in mil ,iit,*4 INS ISD 196 ECFE /ECSE/ ABE BUILDING E COMPREHENSIVE PLAN MAP _4 1 -a074 1. ca.o. " Arrallgr 40 Plp ° IWO i di 1 W i giti r ailiM illitohiLvil." 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W3153fI19 918' ST SiMfld NOISI •MIN won MEM 8d MEI M MOM VINO= `1313HO10 I 1/ 0 4 0% 111M 4 z LU 0 z I I 4 4 2 1 LE 8 A 5, •(! 00 so OF CLEAN SHREDDED HARDWOOD PROPOSED CONIFEROUS ME HIED BO RD - REFER RED SUNSET MAPLE z 0 .5- E5 g e.s Ett i1 LE , I tHIF ' T z 0 -i Bodmer, Kathy Fromm: Sent: To: Subject: Kathy, Following are my comments after reviewing the ISD 196 Iandscape plan • There is a nice variety of trees and shrubs proposed for the site. • The plan Iists white spruce as a species shown with its corresponding latin name as pinus strobus, which is for white pine. This should be clarified. Spring snow crabapple is a proposed species. Spring snow is highly susceptible to apple scab, a very common leaf fungus that causes premature leaf drop and unsightly looking trees. This problem can be avoided by using a disease resistant crabapple species. A significant number of deciduous and coniferous tree species are shown planted along the westerly border which should provide appropriate screening for the adjacent homes along Drake Path. Let me know if you have any questions. Jeff Kehrer City Qf Apple Valley Natural Resources Coordinator 952-953-2461 office 952-215-9068 cell Kehrer, Jeff Friday, August 30, 2013 11:22 AM Bodmer, Kathy School Landscape PIan City of Apple Valley TO: Kathy Bodmer, Associated City Planner FROM: Colin G. Manson, City Engineer DATE: August 29, 2013 SUBJECT: ISD 196 Development Kathy, following is comments and conditions relating to the ISD 196 site plan dated August 7, 2013. Plat/Street Layout • A cul-de-sac and appropriate right of way shall be provided off the end of drake path in place of the existing hammer head. An access restriction easement shall also be placed around the perimeter of the cul-de-sac. • Trip generation, peak hour numbers and trip distribution from the proposed site shall be provided. Existing values shall also be provided for comparison. • The cul-de-sac may be signed no parking. Site Grading & Storm Sewer • Grading shall comply with the City Natural Resources Management Permit. • All EOFs shall be identified on the plan. MEMO Public Works Department Sanitary Sewer & Water Main • Connections to City sewer and water utilities shall be made to City of Apple Valley standards. Storm Sewer/Infiltration • Storm water calculations shall be provided for the site. Additionally, soil borings in the area of infiltration basins shall be provided to ensure soils will function in an infiltration capacity. • Infiltration area 1 shall be connected to the existing drainage structure via pipe to eliminate overland discharge from the basin. • It shall be explored as to whether discharge from infiltration area 3 can be directed overland to the Drake Path cul-de-sac. • Sediment accumulating during the construction process shall be removed from infiltration areas once construction is complete. Miscellaneous • Construction traffic shall access the site via Diamond Path to 144 Street. • A tabulation of impervious and total site area shall be provided on the plans. • oe City of Apple TO: Kathy Bodmer FROM: Roy Kingsley, Fire Marshal DATE: August 20, 2013 SUBJECT: ISD 196 ECFE/ECSE/ABE Facility MEMO Fire Department • MSFC 505.1 Address Numbers: Requires numbers to be visible from the street. MSFC 506.1 Key Boxed: Requires building to have an Apple Valley key box installed Model S-3 or R-3 with Tamper switch. • MSFC 903.2: Requires building to have a fire sprinkler system installed. • MSFC 903.4: Requires a fire alarm system for (E) occupancy. • MSFC 906.1: Requires fire extinguishers to be installed were needed per the fire code. • MSFC Appendix C: Fire hydrant needs to be located with-in 150' of the Fire Department Connection • MSFC 2203.1 Location of dispensing devices: 1. Ten feet or more from lot lines. 2. Ten feet or more from buildings having combustible exterior walls. 3. Such that the nozzle, when the hose is fully extended, will not reach within 5 feet of the building openings. 4. 2203.2 Emergency disconnect switch need to be installed. 5. 2205.5 Fire extinguisher needs to be installed by fueling pumps. 6. 2206.2.1 Underground tanks: Tanks for the storage of Class I, II, IIIA liquid fuels shall comply with chapter 34 of Minnesota state Fire code. September 25, 2013 City of Apple VaIIey 7100 147 Street West Apple Valley, MN 55124 Re: ROSEMOUNT SCHOOL DISTRICT 2 ADDITION The Dakota County Plat Commission met on September 23, 2013, to consider the final plan of the above referenced plat. The plat is adjacent to CSAH 33, and is therefore subject to the Dakota County Contiguous Plat Ordinance. As discussed at the September 9 meeting, the acces spacing between 144 Street West and the private access driveway along this plat to the north does not meet spacing guidelines. The Plat Commission will allow the private driveway access to remain at this time. However, it was discussed that if there are safety issues or traffic issues in the future, the private driveway may become a restricted/right-turns only access. Also, with any future traffic control change at the 144 Street West and CSAH 33 (Diamond Path) intersection, the private access location would be evaluated again by Dakota County. The right-of- way needs are 60 feet of half right of way. The Plat Commission has approved the final plat and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891'7070. Sincerely, � Todd B. Tollefson Secretary, Plat Commission Dakota County Surveyor's Office Western Service Center • 14955 Ga/a,/eA°enue suite # 335 • Apple Valley, MN 55124 952-8e1-7087 • Fax 952-891-7127 ' www.dakotacounty.us September 12, 2013 City of Ap le Valley 7100 147 Street West Apple Valley, MN 55124 Dakota County Surveyor's Office Western Service Center • 14e55 Galaxie Av nue suite # 335 • Apple Valley, MN 55124 952-8e1-7087 • Fax 952-891-7127 • °ww.uakomcou"^'us Re: ROSEMOUNT SCHOOL DISTRICT 2 ADDITION The Dakota County Plat Commission met on September 9, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 33, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat proposes two lots, one lot includes an existing bus garage and district office and one lot includes the proposed School District 196 building. The right-of-way needs are 60 feet of half right of way. There is one access along CSAH 33 for this proposed plat, which is a private driveway. Access spacing guidelines for CSAH 33 are X- mile spacing for a four-lane undivided roadway. The access spacing from 144th Street West to the private driveway access on Lot 2 is approximately 575 feet. Therefore, the access spacing does not meet the guidelines. After much discussion, the Plat Commission will allow a variance to the access spacing guidelines and will not require closure of the private driveway. However, it was noted that if there are traffic issues or safety issues in the future, the private driveway could become a restricted/right-turns only access. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission cc: Scott McQueen; Wold Nick Marcucci; Wold Bodmer, Kathy From: Sent: To: Subject: Tom, the School District needs City approval for the subdivision and the construction of the building. However, the and is zoned for "P" (Institutional) uses and the building they are proposing complies with the zoning district. Like Dakota Ridge, they have to go through the review and approval process. However, if the property is zoned for the use, the City has limited ability to deny the request. Feel free to contact me with questions. Kathy From: Tom Albers [mailto:Tom.Albers@quantum.com] Sent: Thursday, August 15, 2013 4:16 PM To: Bodmer, Kathy Cc: Tom Albers Subject: Re: Sept. 4th meeting Kathy, Thanks for the quick response. It is my understanding that the school district does not need the permission of Apple Valley to do this sort of thing. This is based on my discussions with the Apple Valley Mayor when Dakota Ridge was built on the same site. Can you confirm or deny this? Or is this somehow different? Thanks, - Tom On Aug 15, 2013, at 3:55 PM, Bodmer, Kathy wrote: Tom, School District 196 submitted an application to subdivide their property at 14445 Diamond Path which would allow them to construct a two-story building of about 52,000 sq. ft. for Early Childhood Family Education, Early Childhood Special Education and Adult Basic Education. The building is proposed to be located on the southwest part of the site off of 144th Street West. The Planning Commission will be holding the public hearing on September 4, 2013 to consider the request for the subdivision. You may be interested to know that the School District will be holding an open house to discuss the project on Thursday, August 22, from 5:30 to 8:30 p.m. at Dakota Ridge School. Feel free to contact me if you need additional information. Sincerely, Bodmer, Kathy Thursday, August 15, 2013 5:39 PM 'Tom Albers' RE: Sept. 4th meeting 1 Kathy Bodmer Kathy Bodmer, MCP I Planner I City of Apple Valley 7100 — 147th Street W., Apple Valley, MN 55124 (952) 953-2503 I kbodmer@ci.- • *le-vane .mn.us Original Message From: Murphy, Joan Sent: Thursday, August 15, 2013 3:40 PM To: Bodmer, Kathy Subject: FW: Sept. 4th meeting Original Message From: Tom Albers [mailto:Torn.Albers@quantum.com] Sent: Thursday, August 15, 2013 2:37 PM To: Murphy, Joan Cc: Tom Albers Subject: Sept. 4th meeting Hi, Thanks, - Tom Albers I saw a sign near Dakota Ridge school at 4629 144th St. W saying that there was a planning meeting on Sept. 4th to discuss this location. I live very near that location. Can you provide more details about what is to be discussed? The information contained in this transmission may be confidential. Any disclosure, copying, or further distribution of confidential information is not permitted unless such privilege is explicitly granted in writing by Quantum. Quantum reserves the right to have electronic communications, including email and attachments, sent across its networks filtered through anti virus and spam software programs and retain such messages in order to comply with applicable data security and retention requirements. Quantum is not responsible for the proper and complete transmission of the substance of this communication or for any delay in its receipt. 2 Bodmer, Kathy From: Sent: To: Subject: dgabert@yahoo.com Thursday, August 22, 2013 9:31 PM Bodmer, Kathy re: Sept 4 Planning commission meeting on EFCE/ABE Building I am aware through the City Planning Commission signage of the proposed building addition at the District 196 property just off of Diamond Path Road. I reside at 4780 144th St W which is the road that many of the individuals that will use the building will be entrancing and exiting the building. I attended the District 196 informational meeting that was held on 22August (which 1 learned about only in conversation with a neighbor) to show their proposed drawings on the building. The building planners in attendance indicated that the residents in the area were mailed letters from the city of Apple Valley advising us of this meeting on September 4th. When I questioned him on the notification area he motioned to the Rolling Ridge subdivision. I did not receive this letter and I reside at 4780 144th St W which is at the corner of 144th and Drumlin Court in Rolling Ridge. I am directly below the hill where this building will be built. I have spoken with at least 5 of my neighbors who have also not received letters. According to the neighbors in attendance only the individuals on Drake Path have been notified. I believe everyone on 144th St W should be notified of this September 4th meeting. We will most certainly be affected by the increase in traffic from this proposed building which will be in operation from morning to evening with the addition of 110 parking spots and buses entrancing and exiting the property several times a day, especially since this is a residential street and not built for all the traffic. Please let me know if it is possible to send letters to others on 144th St W. I wish everyone in my neighborhood to have input on September 4th with the Planning Commision on what will ultimately be affecting our neighborhood. Best regards, Lanae Gabert email: d•abert • ahoo.com ph 952-322-1754 1 cB ('ITS 0 14rd I SCOTT H /GHLANDS MIDDLE SCHOO 142nd HIGHLAND ELEMENTARY SCHOOL 0 th SY C' REEK ESSEX TR EMBER WAY FIRE STA N• 142nd Ekie iiSs,,... \ Iiii ELKHART CT c cb ELKWV UPPER ELK T EDEN ISD 196 ECFE /ECSE ABE BUILDING SAVANICK TRAIL ALIGNMENT 7 cI DUBLIN 0 Id ' Barbara Savanick Trail 1 4V to M O N D DIAhND PATH ELEMENTARY SCHOOL • z D 2 Legend Barbara Savanick Trail — Sidewalks — Pathways Gravel Paths Off ROW Paths cz3 ECFE Site ET I Parks F - 7 - ] Lakes Barbara Savanick Trail . rt .., ,. d . Current trail connection 2 . _ " 111 through ISD 196 property , . LLLL :, + r 7 Barbara Savanick Trail Proposed New Frail Segment 1: z 142ND ST :It } p DIA1OND.PATH CT R r r! , 1 1 Current trail connection 4. through ISD 196 property ' ° L 0 1 ISD 196 ECFE /ECSE/ ABE BUILDING AREA MAP BARBARA SAVANICK TRAIL 'i' WHEREAS, the City Council of the City of Apple Valley held a public hearing on property described herein on February 9th, 1989, as required by Minnesota Statutes, Section 462.359, and WHEREAS, on February 9th, 1989, the City Council recommended the amendment to the official map as hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The official map, established by City Code Section 17-5, is hereby amended by incorporating the legal description and surveyor's certificate, hereto attached, into and made a part of the official map of the city pursuant to Minnesota Statutes, Section 462.359. The area described is generally located west of Diamond Path, at the 143rd Street alignment, in the South Half of the Northeast Quarter of Section 25, Township 115 North, Range 20 West, Dakota County, Minnesota. 2. This ordinance shall become effective upon its passage and publication. official map amendment in the Office of the Dakota County Recorder. ATTEST: Mary E. M AN ORDINANCE AMENDING THE OFFICIAL MAP OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA. 3. The City Clerk is hereby directed to file this ordinance and the PASSED this 9th day of February, 1989. Iler, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. 433 W. E. Branning, Mayor 07 1i s • .oz ';E,Y /; '•,;45 * 1,2 .Niqt,/ /7;45 ?W) ?° A Cl2 7 7 ni„cl ,07v 00 00 4 ON „f1.10 OODLI 1 :3 s &0 0 0'5 0 ( 5.?:: 1 , V) 0 ti; -0 M r- 3 , V .C. -±.17,' •_-_, .• C 2gOiht .., -C. ,C ct 4...1 to ..4.,J .a., J., a 0 ...I .• .. 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' 0,8 1 WO 2 Tif akt ' ORDINANCE NO. 433 AN ORDINANCE AMENDING THE OFFIOAL MAP OF THE CITY OF APPLE VALLEY, • DAKOTA COUNTY, MINNESOTA. REAS, the City Council of the City of - Valley held a public hearing on p ty ribed herein on February 9th, 1 required by Minnesota Statutes, Section 462. and WH on February 9th, I..' the Cl‘ ty Council recommended the amendment to the official map as hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple V Dakota County, Minnesota, that: . 1. The official map, established by City Section 17-5 is hereby amended by incor- porating the legal description and surveyor's certificate, hereto attached, in- Wand made a part of the official map of the city pursuant to Minnesota Statutes, Section 462.359. The area described is generally located west of Diamond Path, at the 143rd Street alignment, in the South Half of the .Northeast Quarter of Section 25, Towpahip 115 North, Range 20 West, Dakota Co Minnesota. 2. This ordinance shall become effeigti" upon its passage and publication. 3_ The City Clerk is hereby directed tit file this ordinance and the official map amend- ment in the Office of the Dakota County Recorder. PASSED this 9th day of February, 1 s/ W. E. BRANNING, Mayor ATTEST: s/ Y E. MUELLER, City Clerk • 223 . IF IC NOTICE CTTY OF A • VALLEY STATE OF MINNESOTA County of Dakota NANCY J, GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once AFFIDAVIT OF PUBLICATION sueeessi-e • it was first published on Thursday, the 1 ay 19 g9 , and was the • I: printed and published on every Thursday to and including Thursday, the day of ,19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before m Notary Public CAROL J. HAVEALAND NOTARY PUBLIC — MINNESOTA DAKOTA COUNTY . . My Commission Expires Dec 3, 1989 Agenda Item: 6B Case Petition for: Summary of issues: Recommended Actions: rriber: PC13-37-ZS Staff Reviewer: Kathy Boclmer Applicant: Manley Development Application Date: August 22, 2013 Meeting Date: November 6, 2013 Manley Development requests consideration of the Hunter Forrest development, a subdivision of three large under-developed single family lots located at 12842, 12866, and 12896 Galaxie Avenue. The following land use actions are requested: L Rezoning from "R-1 ' (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 minimum lot). 2. Subdivision by preliminary plat to create 16 lots for single family development. The public hearing for Hunter Forrest was held on September 18, 2013. The petitioners revised their plans to address the issues raised by the Planning Commission and staff: 1. The right-of-way of Frost Point Way was widened to 54' to allow for a 32' wide street; on-street parking will be available on both sides of the street. 2. Sidewalk is shown along Frost Point Court. 3. The grading plan was revised to include a grading guide plan. The Grading and Erosion Control Plan shows the initial grading for the streets and infiltration area while the Grading Guide Plan includes the future grading of the building pad areas. 4. The tree mitigation plan was revised to calculate tree removal including the building pad areas. The Natgral Resources Coordinator calculated that the minimum tree mitigation required will be 448". 5. A cross-section drawing was submitted that shows the height of the new home on Lot 8, Block 2 in relation to the existing home to the south. The landscape buffer is shown along the property line to help to create privacy between the new development and the existing neighborhood. Outstanding Issues: 1. More than one parcel may need to be graded at one time to ensure proper drainage of the lots. 2. In some cases, the parcels will be graded up to the property lines to create the proper drainage. The petitioners propose installing a landscape buffer around the perimeter of the development to provide privacy between existing neighborhoods and Hunter Forrest. 3. The petitioners propose granting a "landscape buffer" easement or similar mechanism to ensure the long-term maintenance of the landscape buffer area. The exact form of the easements or covenants is still being discussed with the City Attorney. 4. Tree mitigation appears to be approximately 45" less than required. Either additional trees or larger caliper trees will be required to meet the mitigation requirement. Staff finds that the proposed development substantially complies with the requirements of the City Code. In addition, the revised plans address the issues identified by City Staff, the Planning Commission and the public. A few minor issues remain which are listed below as conditions of approval of the project. Therefore, staff is recommending approval of the development as follows: 1. Recommend approval of the rezoning of the three properties from "R-1" (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 minimum lot). 2. Recommend approval of the subdivision by preliminary plat of Hunter Forrest creating 16 lots for single family development, subject to conformance with all City Codes, and the following conditions: a. Approval of the subdivision is subject to approval of the rezoning of the properties to "R-3" (Single family, 11,000 sq. ft.). b. Out lot A is a non-contiguous undevelopable parcel which shall not be included in the final plat. c. Drainage and utility easements shall be dedicated over the stormwater infiltration basins on Lot 3, Block 1 and Lot 9, Block 2 and drainage swale on Lots 7, 8 and 9, Block 2, as depicted on the preliminary plat. d. The petitioner shall revise the tree mitigation plans to show replacement of a minimum of 448" of trees in accordance with the Natural Resources Coordinator's memo of November 1, 2013. e. The petitioner shall revise the Preliminary Grading and Erosion Control plan and Grading Guide Plan in accordance with the City Engineer's memo of October 24, 2013. f. Construction traffic shall enter and exit the site from the southern Frost Point Way intersection with Galaxie Avenue. g. An escrow shall be dedicated for an eight foot (8') wide bituminous pathway along Galaxie Avenue as it abuts the development. h. The developer and owner shall execute a document to control the use and maintenance of the land within the developer's proposed "landscape buffer" area, subject to review and approval by the City Attorney. 1. The existing wells and septic systems shall be sealed and/or removed in accordance with the Building Official's memo of August 27, 2013. j. The existing connections to sanitary sewer and water for the home at 12896 Galaxie Avenue shall be capped as required by the City Engineer. Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: To o ra h : Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Broden: 01-01500-80-020 Berg: 01-01500-80-030 Taylor: 01-01500-80-050 HUNTER FORREST PROJECT REVIEW 12842, 12866 and 12896 Galaxie Avenue The North 206.45 feet of the South 720 feet of the West Half of the Southwest Quarter of the Southeast Quarter of Section 15, Township 115, Range 20, Dakota County, Minnesota. Together with: The West 15 feet of the South Half of the East Half of the Southwest Quarter of the Southeast Quarter of Section 15, Township 115, Range 20, except that part lying between the easterly extension of the North and South lines of Lot 9, Block 1, BRONER WOODS, Dakota County, Minnesota. Together with: A 206.45 feet wide strip of land being part of the West half of the Southwest Quarter of the Southeast Quarter of Section 15, Township 115, Range 20, the North line of which is described as follows: Beginning at a point on the West line of said Section 15 distant 926.45 feet north of the Southwest corner of said section; thence easterly perpendicular to said West line to the East line of said West Half of the Southwest Quarter of the Southeast Quarter and thereto terminating, Dakota County, Minnesota. Together with: That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 15, Township 115, Range 20, Dakota County, Minnesota, lying north of the following described line, beginning at a point on the west line of the said West Half of the Southwest Quarter of the Southeast Quarter of Section 15, 394.4 feet North of the Southwest corner thereof, thence east at right angles 633 feet to a point on the East line of said West Half of Southwest Quarter of Southeast Quarter of Section 15, excepting therefrom, however, that part of said West Half of Southwest Quarter of southeast Quarter of said Section 15 lying north of the following described line: beginning at a point on the West line of said Southwest Quarter of Southeast Quarter of said Section 15 a distance of 513.55 feet North of the southwest corner thereof thence east at right angles 633 feet to a point on the East line of said West Half of the Southwest Quarter of Southeast Quarter of said section 15. LD-Low Density Residential, 2-6 units/acre R-1, Single family, 40,000 sq. ft. minimum lot All three parcels are unplatted. Large lot single family. Broden: 3.16 acres, Berg: 3.16 acres (+0.18 acres Outlot A), Taylor: 1.83 acres Total Gross Acres = 8.33 7.41 acres (not including right-of-way dedication for Galaxie Avenue or Outlot A) Varying topography. Heavily wooded. See Tree Inventory and Tree Mitigation report. Natural Resources staff reviewed the r determined that no wetlands are presen Dahle Oaks NORTH Comprehensive Plan 3 eport submitted by Arrowhead Environmental Consulting and t on any of the three properties. LD-Low Density Residential (2-6 units/acre SOUTH EAST WEST Zoning/Land Use Broner Woods Comprehensive Plan Zoning/Land Use Nordic Woods 5 Addit Comprehensive Plan Zoning/Land Use Eastwood Ridge 2 Ad Comprehensive Plan Zoning/Land Use Uses Development Project Review Engineering Issues: 4 R-2 Single Family 18,000 s.f. LD-Low Density Residential (2-6 units/acre) R-3 Single Family 11,000 s.f. ion LD-Low Density Residential (2-6 units/acre) PD-138, Zone 6 (Single family 11,000 s.f.) dition & Acorn Hill 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. Comprehensive Plan: The comprehensive plan guides the development of the three parcels for single family development with a density of 2-6 units an acre. The land use chapter identifies the three parcels as "underdeveloped" and expected to be further developed by 2015. Sixteen single family lots on 7.41 acres results in a density of 2.2 units/acre which is consistent with the Comp Plan. Zoning: The petitioners request a rezoning of the property from "R-1" (Single family, 40,000 sq. ft. min. lot) 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 the zoning of the Nordic Woods 5th Addition, Broner Woods and Acorn Hill subdivisions east, south and southwest of Hunter Forrest, which all have a minimum lot size of 11,000 sq. ft. The City Council approved a rezoning to "R-2" (Single family 18,000 sq. ft. min. lot) for the Dahle Oaks and Eastwood Ridge 2 Addition subdivisions in 2003 and 2005 respectively. The City Council noted that the topography of the parcels, mature trees and wetlands were all considerations for the R-2 zoning. The petitioners state that the R-2 zoning was approved prior to the economic downturn and that there is currently no market for the larger single family lots. Preliminary Plat: The preliminary plat subdivides the Broden, Berg and Taylor properties into 16 lots for single family development. The stormwater ponding and infiltration basin will be incorporated into Lot 9, Block 2. The right of way for Frost Point Way has been expanded to 54' to allow for a 32' wide residential street. The new intersection of Frost Point Way and Galaxie Avenue aligns with the Galaxie Place cul-de-sac to the west. An internal cul-de-sac, Frost Point Couri, provides internal access for seven of the lots in the subdivision. At 7.4 total acres, the density of the development is 2.2 units/acre. The smallest lot is 11,002 sq. ft., while the average lot size is 16,063 sq. ft. A 15' x 266' non-contiguous strip parcel is shown platted as Outlot A. The property was owned by the owner of the middle of the three properties (Berg). The strip parcel abuts several single family parcels south of the subject plat. The developer proposes dedicating a 15' "landscape buffer" easement around the perimeter of the development to preserve existing mature trees and a newly installed landscape buffer. Site Plan: The site plan shows the layout of the buildable areas of the 16 single family lots in the subdivision. The right-of- way of Frost Point Way is expanded to 54' so that the street can remain 32' wide. A 32' wide street allows for parking on both sides of the street. Sidewalk is shown extended from the west side of Frost Point Way south and then west out to Galaxie Avenue. The plans were revised to include sidewalk along the Frost Point Court cul-de-sac. Grading Plan: The City Engineer reviewed the revised grading plan and his memo is included in the staff report. Two revised grading plans were submitted: the grading plan shows the grading limits for the initial construction which will include the construction of the Frost Point Way, Frost Point Court and the infiltration basin. A grading "guide" plan was also submitted which shows the ultimate grading of each of the lots. While the petitioners state that they are custom builders, the size of the lots will limit how much customization will occur. Grading of more than one lot at a time may be required in order to make drainage work between the lots. The grading plans will need to be revised in accordance with the City Engineer's October 24, 2013, memo. Construction traffic will be required to enter and exit the site from Galaxie Avenue to help to minimize impacts to the Dahle Oaks neighborhood to the north. 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. Two infiltration areas are provided in the development. Street Classifications/Accesses/Circulation: The plans show that Frost Point Way will be extended from its current terminus in the Dahle Oaks development south and then west to Galaxie Avenue, where it aligns with the Galaxie Place cul-de-sac to the west. The 16 single family parcels are expected to generate 160 new trips per day on Galaxie Avenue. Galaxie Avenue, which is designated as a major collector street, has a traffic volume of 7,100 AADT (average annual daily traffic) according to the 2010 Minnesota Department of Transportation traffic counts map. The City's 2030 Comprehensive Plan estimates that traffic volume will grow along this portion of Galaxie Avenue to 12,900 ADT in 2030. The additional traffic volume generated by this development is expected to have minimal impact on the traffic levels on Galaxie Avenue. Natural Resources Management Issues: Landscape Plan: A landscape plan is 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. See tree inventory/mitigation below. Tree Inventory/Mitigation: The three properties are heavily wooded, so a tree inventory and tree mitigation plan are required in connection with this development proposal. Jeff Kehrer reviewed the tree mitigation plan and determined that some of the trees that are shown to be replaced are boxelder and elms which are diseased or damaged trees which would not need to be replaced. So, the total inches that will need to be mitigated will be less than the amount indicated in the submitted plans. Total inches removed will be 4,475; tree mitigation is 10% of the removed inches or 448". A total of 224 — 2" caliper trees would be needed to replace the removed trees. The tree mitigation plan shows 403" planted for mitigation which is 45" below the required mitigation. Either additional trees or larger caliper trees will need to be planted to meet the tree mitigation requirements. Wetland Delineation: The City's Natural Resources staff reviewed the report submitted by Arrowhead Environmental Consulting and concluded there are no wetlands on the three parcels. 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. Revised plans now show sidewalk along the Frost Point Court cul-de-sac. Dedication of escrow for future trail along Galaxie Avenue will be required in connection with this development. 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: The public hearing for this project was held on September 18, 2013. Below is a summary of the comments and questions that were raised by both the Planning Commission and the residents along with staff responses. 1, Frost Point VVa : Could the width of the driveways be reduced to allow for more on-street parking? Concern about extending Frost Point Way so that it connects with Galaxie Avenue. Is the second access necessary? Would the developer consider an alternate layout removing homes from south side of development and terminating Frost Point Court in a cul-de- sac instead? Removing homes on the south side of Frost Point Way would allow for a wider conservation easement. Sta Response: The petitioners have addressed the issue of on-street parking by expanding the right-of-way from 50 to 54', The street remains 32' wide which will allow on-street parking on both sides of the street. Reducing the width of driveways is no longer an issue given the fact that parking is allowed on both sides of the street. 5 When Dahle Oaks was developed between 2003 and 2004, a sketch drawing was prepared showing the ultimate development of the three parcels south of Dahle Oaks. It was expected that Frost Point Way would be extended south then west to provide a second connection to Galaxie Avenue. Two access points to Galaxie Avenue provide a safer environment for the neighborhood if one of the intersections is ever blocked. It also helps to distribute traffic through the neighborhood; all of the traffic is not forced to travel one route. The subdivision code states that 900' is the maximum length allowed for a cul-de-sac and 15 is the maximum number of single family homes served (§ 153.51). A cul-de-sac to replace the Frost Point Way connection would end up being approximately 1,200' long and would serve 22 single family homes, depending upon the layout. The subdivision code also states that cul-de-sacs may only be used "where justified by irregular topography or where adjacent to limited access streets." Although the three properties have rolling and somewhat irregular terrain, the slopes are not so extreme as to to prevent the extension out to Galaxie Avenue. In addition, Galaxie Avenue is not a limited access roadway. The petitioners state that it is not feasible to remove two or three lots from the southern portion of the developrnent if the Taylor property is to be included in the development. While the Planning Commission does not consider economic issues related to land use developments, removal of three of the lots from the Taylor property would result in an inefficient use of the land. The stormwater and infiltration basin will be incorporated into Lot 9, Block 2. The remnant of the three lots, if they were removed, would likely need to be connected to one of the lots where the Taylor home is currently located. The resulting lot would be irregularly shaped, large and difficult to sell. While the neighbors indicate that straightening out Frost Point Way creates a longer cul-de-sac and the loss of only one lot, the proposed layout would make it uneconomical to include the Taylor property as part of the development. Establishing a landscape buffer between the existing neighborhoods and the Hunter Forrest development should address the privacy concerns raised by the neighbors. 2. History of R-1 zoning on the property. Staff response: As discussed during the public hearing, larger single family parcels that have not been subdivided or platted are usually zoned either "A" (Agriculture) or "R-1" (Single family, 40,000 sq. ft. min. lot). The zoning map indicates that approximately 246 acres of the City is currently zoned R-1 which includes the area around Long and Farquar Lakes, Chateau Estates, The Woods 2 Addition and Beckman's 1 Addition. The City's 2030 Comprehensive Plan anticipated that the three subject parcels would be platted into smaller single family lots and served with City water and sewer by 2015. One of the City's goals is to reduce the number of properties on private septic systems. Two of the three subject parcels are currently served by private septic systems. 3. Distance from the Red Line. Staff response: The distance to walk or bike to the 140 Street station stop from Hunter Forrest would be 1.5 miles. A resident in this development would be more likely to use the Palomino Park and Ride station which is located 0.85 miles by bike or on foot. While the Red Line does not currently stop at the Palomino P&R, plans indicate that the Palomino station will be modified to be an on-line station for the Red Line in a future phase. The Palomino Park and Ride is served by the following bus routes: 440 (local), 476 (Minneapolis Express), 477R (Minneapolis Express) and 480 (St. Paul Express). 4. What is Outlot A? Staff response: The 15' x 266' strip of land, now shown platted as Outlot A, is owned by Deborah Berg, the owner of the middle of the three properties. The property is not contiguous with the plat. Because this is an undevelopable property, the City will require that the petitioner remove this parcel from the plat. The adjacent property owners may wish to work together to obtain the parcel from the current property owner or developer. 5. Will the Taylor home be removed? Concern that the Taylor home may not fit in with the rest of the development. Staff response: The plans now show that the Taylor home will be removed. The petitioners indicate it would be too expensive to modify and reorient it to fit in with the new development. Removing the home will allow for a better lot configuration in the plat. 6. Galaxie Avenue: Galaxie Avenue is only a two-lane road in this area. Traffic levels and speed on Galaxie are a concern. Will the connection of Frost Point Way to Galaxie Avenue significantly increase traffic? Staff response: Galaxie narrows from four lanes to two lanes just north of the McAndrews and Galaxie Avenue intersection, approximately 600' south of the development. Galaxie Avenue is a 2-lane roadway with a shared center turn lane. Current traffic volumes on Galaxie Avenue according to 2010 Minnesota Department of Transportation traffic counts map is 7,100 AADT (average annual daily trips). The City's 2030 Comprehensive Plan estimates that traffic volume will increase to 12,900 ADT (average daily trips) in 2030. Sixteen single family homes would generate a total of 160 additional daily trips. Engineering staff have determined the expected additional traffic will not significantly increase traffic volumes and thereby negatively impact traffic on Galaxie Avenue. 6 7. Tree loss and tree reservation: Concern about loss of trees on southern part of property. Trees provide privacy between existing properties and new development. Support for dedication of easements to protect the trees on south and east sides of the development. Why are trees being removed from the east side of the pond? Staff response: The petitioners are proposing to install landscaping along the south and east property lines and then provide a 15' wide "landscape buffer" easement. The City is evaluating the best tool to ensure the long-term maintenance of the newly installed landscape area. Trees are being removed from the east side of the infiltration basin in order to grade the site to direct stormwater to the basin. The landscape plan indicates that new trees will be planted within this graded area to provide buffering between this area and the property to the south. 8. Grading: How the lots are graded will impact neighboring property. Will grading and development activity behind the existing retaining wall impact the stability of the wall? Staff response: The grading plan has been reviewed by the City Engineer and he has only minor issues that will be addressed when the final Natural Resources Management permit is issued. Grading of the Hunter Forrest development must occur completely within the property boundaries. As long as the tie-backs for the retaining wall are completely on the neighboring property and not the Hunter Forrest property, no impacts to the retaining wall are anticipated. 9. Erosion control: Concern about integrity of the landscaping and whether the proposed landscaping will help to protect neighboring property from erosion. Staff response: All disturbed areas of the development will be required to use temporary and permanent erosion control measures in accordance with the City's Natural Resources Management ordinance. 10. Elevation difference between existin • homes on Forest Court and new develo ment: Concern that a 35' tall 2-story house set back 30 from the rear property line will "tower" over existing houses. Staff response: The petitioners have provided a cross-section drawing that shows that there is sufficient distance between the existing and new homes so that the new homes do not "tower" over the existing homes. In addition, the landscape buffer area will help to provide a visual separation between the properties. 11. Zoning: Why isn't this development being rezoned to R-2? R-2 would result in more saved trees. On the other hand, Dahle Oaks is a beautiful development, but is the size of those lots marketable today? The properties to the east and south are R-3 sized lots and the current property owners want the same. Staff response: The petitioners state that it isn't feasible economically feasible to subdivide the three parcels into 18,000 sq. ft. lots. Dahle Oaks was developed in 2003 and Eastwood Ridge was developed in 2005, before the economic downturn. The petitioners state that there is no market for larger single family lots. 12. Home Design: Could the City require that ramblers be constructed on some of the lots? Can the height of the homes be restricted? Staff The zoning code permits a home in the R-3 zone to be maximum height of 35'. As a result, the City cannot restrict a lot to a one-story rambler. It should be noted that the grading plan shows building pads with "R" which denotes rambler but should not be confused with a single-story rambler. Instead, when the "R" rambler is shown on the grading plan, it means that the building pad is a full basement, not a look-out or walk-out. The final grading plan approved in connection with the Natural Resources Management Permit will show all of the building pads with the type of basement including full basement, lookout, or walkout. Basement style impacts the elevation of grades surrounding the building. 13. Natural Resources Issues: There are buckthorn and dying pine trees on the subject property that will need to be removed. Please think about preserving the natural corridor through this area. Staff response: Jeff Kehrer, Natural Resources Coordinator states that the City does not currently have an ordinance that requires buckthorn removal. Tree removal is required when a tree is classified as a "hazard tree," a tree that is in poor condition and may fall on public right-of-way or neighboring property. Specific tree removal requirements will be reviewed in connection with the Natural Resources Management Permit (NRMP) and the individual lot building permits. There are no designated "wildlife corridors" in the City. Jane Byron, Water Resources Specialist, states that a wildlife corridor is a swath of land or constructed connection that allows for movement of animals from one isolated patch of habitat to another. Lebanon Hills Regional Park, the 2,000-acre park which contains significant woodlands, prairies and lakes, provides significant natural habitat and is located less than one mile directly north of the proposed development. Attachments: 4. Location Map 1. Natural Resources Memo (11-1-13) 5. Oblique Aerial Photo 2. Engineering Memo (10-24-13) 6. Comp Plan Map 1 Building Inspections Memo (8-27-13) 7. Zoning Map 7 8. Color Site Plan 9. Cross Section Drawing 10. Existing Conditions 11. Preliminary Plat 12. Preliminary Site Plan 13. Preliminary Grading & Erosion Control 14. Grading Guide Plan 15. Preliminary Utilities 2 16. Landscape Plan 17. Tree Preservation Plan 18. Tree Inventory 19. Resident Correspondence 20. Resident Slide Presentation 9-18-13 PC Mtg 21. Parcels Zoned "R-1" (Single Family, 40,000 sq. ft.) 22. 2030 Comprehensive Plan 5-Year Staging Plan City of App e Valley MEMO Public Works Department TO: Kathy Bodmer, City Planner FROM: Jeff Kehrer, Natural Resources Coordinator DATE: November 1, 2013 SUBJECT: REVISED HUNTER FORREST TREE INVENTORY AND LANDSCAPE PLAN Tree Inventory Based on the developer's revised tree inventory and field inspection, there are 362 significant trees on the 7.41 acre project site, The site contains 19 different tree species with oak, elm and boxelder making up approximately 62% of the tree population. The revised plans include a detailed grading plan of the entire site, which will result in the removal of 281 of the significant trees for grading the public streets, custom house pads and proper drainage. Grading is proposed to be done in two phases. Phase one will consist of grading needed to construct the proposed public streets and stormwater pond. Phase two grading will consist of grading each lot for new home construction. It is anticipated that grading will have to occur over multiple lots as a single event to assure proper drainage of upstream lots. Each lot graded will need an individual Natural Resources Management permit prior. Based on revised plans, the total removed diameter-inches are 4,475. Tree mitigation is 10% of the removed inches, or 448". Using standard sized trees of 2" caliper, it would take 224 trees to satisfy tree mitigation requirements. The trees could be planted anywhere within the site and must include at least one front yard tree on each lot. Landscape Plan The revised landscape plan has addressed comments expressed on the previous landscape plan regarding acceptable tree species and planting distances from the pubic street right of way. There is some concern with trees shown planted in some front yards excluding space for driveway access. Space conflicts for trees and driveways will have to be taken into consideration during lot development. The revised landscape plan shows 403 caliper-inches being planted throughout the site and perimeter. This is 45" below the required tree mitigation stated above. The shortage could be met by planting an additional ten 2,5"caliper trees throughout the Hunter Forrest site. Hunter Forrest Road Grading Tree Removal TREE SPECIES ON SITE Oak Elm Boxelder Black Cherry Spruce Maple Ash Basswood Black Walnut Ironwood Cottonwood Hackberry Aspen Willow Pine Red Cedar Honey Locust Birch Apple Total TOTAL NUMBER 91 84 71 47 32 20 12 2 1 1 5 390 NUMBER REMOVED FOR ROAD 15 39 27 10 7 1 115 TO: Kathy Bodmer, Associate City Planner FROM: Colin G. Manson, City Engineer , DATE: October 24, 2013 SUBJECT: Hunter Forrest Kathy, following is comments on the Hunter Forrest site plan received October 11, 2013. These items should be included as conditions to approval. Grading The applicant has provided an overall grading plan for the site. It is intended that mass grading for installation of the streets and pond will occur initially. Lot grading will occur as individual lots are built upon. Minor modifications associated with custom lot grading shall be reviewed and approved as appropriate at the time of building permit application. It should be noted that grading on several lots at one time may be necessary to provide for proper drainage depending upon the order of lots built. • Extension of storm sewer will likely be necessary to provide drainage of existing low areas on adjacent properties south of the proposed pond and east of Lot 4, Block 2. • The drainage swale along rear lot lines must be extended all the way from the pond to Lot 8, Block 2 to ensure flow does not discharge south onto adjacent properties. * Revision of this swale will likely require modification of the rear yard easement on Lot 9, Block 2. A north south grade break between Lots 8 and 9, Block 2 is required. Drainage on the east lot line of Lot 8, Block 2 is directed to the building pad. Either the building pad shall be raised or the grading modified to rectify this scenario. It does not appear that the proposed retaining wall on the north lot line of Lot 1, Block 2 is necessary. This should be discussed. The northwest corner of Lot 2, Block 1 as proposed will likely require a retaining wall to match into existing grades. The grades on the rear of the building pad of Lot 4, Block 1 will need to be revised or the building pad raised to allow for adequate rear drainage. Grades along the rear of Lot 6, Block 1 are very flat. Either the building pad will need to be raised or spot elevations provided to verify drainage is adequate. City of Apple Valley MEMO Public Works Department Streets Centerline radii on street curvature shall be identified to ensure City design standards are met. Drainage • Apple Valley storm water standards appear to have been met. General All public infrastructure shall be publicly designed and inspected. (GPB CBO) City of Apple VaileV TO: Kathy Bodmer FROM: Gregory Brady DATE: August 27 2013 SUBJECT: Hunter Forrest Preliminary Plan Review MEMO Department of Public Works- Building Inspections Division This project will encompass 3 single family residences, 2 of which have septic systems on the property. These systems will require permits for the abandonment of the systems. When the project moves forward, these systems will need to have the tanks pumped of any septage and hauled away. The tanks must then be destroyed and removed from the site. In addition, the drain fields, all piping and soils receiving septage shall be removed and properly disposed of within 90 days of abandonment. There are two wells located at 12842 Galaxie and 12866 Galaxie which will need to be sealed. This process will be handled through Dakota County Environmental Resources. muotEsoTA i T:ST W N. DEPT.O TRANS.: RJW PLAT NO. 1 1 vinutAM SEW RC 2N r Apo iTI0 N1C,AN -RERD HUNTER FORREST LOCATION MAP w Q) 0 0 w c w x co w G) 00 tip LID c 00 awl co 0 0 0 7 • f Fj\--1 L t f GARRETT ( u. sT , - I I LD 4. f ti ,` \ c w \ \ 7 \ '' zi \ G \ , S Fr 93 \ < __.,--- .. \ LO -----':-.--\ -,..- ,,,,, N BOTH ST W ict MCANDREWS RD HUNTER FORREST COMPREHENSIVE PLAN MAP 1 \ tf q �1�. fly �, ,, , \ \ i \,,--- >,/,,,,<- i - \\--' --K \ otp ,r----c _ „-\ \ \ \\ __, ,,,------- \ \ \ \>,-- \ \ ,_•)---- L\ , 132ND ST W LP 410 UrR I ANDREWS RD E F HUNTER FORREST J L ZONING MAP { map picture map 3IXV1VD-• scocm Z99 S> \ \ / \ \ / \ V 0 < C a I of +3k <uwme '- Oh' 99' map z LT-1 P C a 2 4 z 4 0 31:1N3AV .31).(V1Va 41* 00000 er ) % & 41* map Tree Inventory by: 2422 Enterprise Drive Mendota Heights, MN 55120 651-681-1914 Hunter Forrest Tree Inventory August 20, 2013 Revised October 11, 2013 MANLEY DEVELOPMENT Ben Carlson, WDC Ecologist, Owner Arrowhead Environmental Consulting 1545 Minnie Avenue Orono, MN 55364 (612)-237-5996 Tree Preservation Plans provided by: NEER . ,engmee 14 18 18 10 13 9 16 17 12 30 19 11 9 9 14 16 17 12 24 13 52 11 13 20 19 16 18 24 20 10 14 9 14 18 18 10 13 9 16 17 Tag Number 1 Species American EIm 2 American EIm 3 Boxelder 4 Boxelder 5 American EIm 6 Boxelder 7 Boxelder 8 Eastern Red Cedar 9 Green Ash 10 River Birch 11 Boxelder 12 Eastern Red Cedar 13 Eastern Red Cedar 14 Boxelder 15 Bur Oak 16 Red Oak 17 Boxelder 18 Bur Oak 19 Black Cherry 20 Black Cherry 21 Black Cherry 22 Bur Oak 23 Bur Oak 24 Boxelder 25 Boxelder 26 American Elm 27 Bur Oak 28 Black Cherry 29 Black Cherry 30 Sugar Maple 31 Sugar Maple 32 Green Ash 33 Green Ash 34 Red Maple 35 American EIm 36 Red Oak 37 Boxelder 38 Blue Spruce 39 Siberian EIm 40 Siberian EIm 41 American EIm 42 American EIm 43 American EIm 44 Siberian EIm 45 Blue Spruce 46 Blue Spruce 47 Siberian EIm Scientific Ulmus americana Ulmus americana Acer negundo Acer negundo Ulmus americana Acer negundo Acer negundo Juniperus virginiana Fraxinus pennsylvanica Betula nigra Acer negundo Juniperus virginiana Juniperus virginiana Acer negundo Quercus macrocarpa Quercus rubra Acer negundo Quercus macrocarpa Prunus serotina Prunus serotina Prunus serotina Quercus macrocarpa Quercus macrocarpa Acer negundo Acer negundo Ulmus americana Quercus macrocarpa Prunus serotina Prunus serotina Acer sacchrum Acer sacchrum Fraxinus pennsylvanica Fraxinus pennsylvanica Acer rubrum Ulmus americana Quercus rubra Acer negundo Picea pungens Ulmus pumila Ulmus pumila Ulmus americana Ulmus americana Ulmus americana Ulmus pumila Picea pungens Picea pungens Ulmus pumila DBH (inches) 8 Save inches Removal Removal for Roads for Homes and Pond (inches) (inches) 8 Notes Tag Number 48 49 50 51 53 52 54 Ulmus pumila Ulmus americana 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 1552 1553 1554 1555 1556 1557 1558 Species Silver Maple Siberian Elm Siberian Elm Siberian Elm Siberian Elm Siberian Elm Siberian Elm Siberian Elm American Elm Siberian Elm Boxelder Boxelder Boxelder Boxelder Green Ash Boxelder American EIm Siberian EIm Siberian EIm Siberian EIm Siberian EIm Siberian EIm American EIm American EIm American EIm American EIm American EIm Boxelder Siberian EIm Boxelder American EIm Boxelder Boxelder American EIm Siberian Elm Boxelder American EIm American Elm Boxelder Silver Maple Boxelder Boxelder Black Cherry Bur Oak Ironwood Ironwood Ironwood Scientific DBH (inches) Acer saccharinum 26 Ulmus pumila 9 Ulmus pumila Ulmus pumila 10 Ulmus pumila Ulmus pumila Ulmus pumila Ulmus pumila Acer negundo Acer negundo Acer negundo Acer negundo Fraxinus pennsylvanica Acer negundo Ulmus americana Ulmus pumila Ulmus pumila Ulmus pumila Ulmus pumila Ulmus americana Ulmus americana Ulmus americana Ulmus americana 13 Ulmus americana 10 Acer negundo 9 Ulmus pumila 18 Acer negundo 11 Ulmus americana 10 Acer negundo 11 Acer negundo 9 Ulmus americana 8 Ulmus pumila 9 Acer negundo 12 Ulmus americana 24 Ulmus americana 16 Acer negundo 14 Acer saccharinum 55 Acer negundo 10 Acer negundo 10 Prunus serotina 8 Quercus macrocarpa 28 Ostrya virginiana 8 Ostrya virginiana 11 Ostrya virginiana 10 Save (inches) 28 11 Removal for Homes (inches) 9 10 8 8 10 Removal for Roads and Pond (inches) 26 13 10 9 18 11 10 11 9 8 9 12 24 16 14 55 10 10 Notes Tag Number 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1601 1602 1603 1604 1605 1606 1607 Species Red Oak Black Cherry Black Cherry Bur Oak Black Cherry Bur Oak Black Cherry Bur Oak Sugar Maple Bur Oak Bur Oak Bur Oak Bur Oak Bur Oak Bur Oak American EIm Black Cherry Basswood Bur Oak Bur Oak Black Cherry Sugar Maple Basswood Bur Oak Black Cherry Bur Oak Common Hackberry American EIm Black Cherry American EIm Black Cherry Black Cherry Black Cherry Boxelder Black Cherry Black Cherry American EIm Bur Oak Black Cherry Bur Oak Bur Oak Paper Birch Blue Spruce Scientific Prunus serotina Prunus serotina Quercus macrocarpa Prunus serotina Quercus macrocarpa Prunus serotina Quercus macrocarpa Acer sacchrum Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Ulmus americana Prunus serotina Tilia americana Quercus macrocarpa Quercus macrocarpa Prunus serotina Acer sacchrum Tilia americana Quercus macrocarpa Prunus serotina Quercus macrocarpa Celtis occidentalis Ulmus americana Prunus serotina Ulmus americana Prunus serotina Prunus serotina Prunus serotina Acer negundo Prunus serotina Prunus serotina Ulmus americana Quercus macrocarpa Prunus serotina Quercus macrocarpa Quercus macrocarpa Betula papyrifera Picea pungens DBH (inches) Quercus rubra J 25 10 16 24 18 9 12 29 13 18 18 32 18 23 14 16 8 24 21 24 11 11 18 17 12 25 13 10 17 9 10 10 9 12 11 13 11 21 10 20 18 13 12 Bur Oak Quercus macrocarpa 19 Bur Oak Quercus macrocarpa 15 Bur Oak Basswood Quercus macrocarpa Tilia americana 30 10 Save (inches) 25 18 9 12 14 10 Removal for Homes (inches) 10 16 24 29 13 18 18 32 18 23 16 8 24 21 24 11 13 Removal for Roads and Pond (inches) 11 18 17 12 25 13 10 17 9 10 10 9 12 11 13 11 21 20 18 12 15 19 30 Notes 10 Tag Number Species 1629 I Red Oak 1608 IBur Oak 1609 IBur Oak 1610 IBur Oak 1611 I Bur Oak 1612 Bur Oak 1613 IBur Oak 1614 IBur Oak 1615 (Blue Spruce 1616 I Blue Spruce 1617 I Blue Spruce 1618 IBur Oak 1619 (American Elm 1620 (American Elm 1621 (Silver Maple 1622 IBur Oak 1623 IBur Oak 1624 I Red Oak 1625 I Boxelder 1626 I Black Cherry 1627 I Bur Oak 1628 (Sugar Maple 1630 I Black Cherry 1631 IBur Oak 1632 American Elm 1633 (Boxelder 1634 I Boxelder 1635 I Black Cherry 1636 (American Elm 1637 IBur Oak 1638 (American EIm 1639 (American EIm 1640 Blue Spruce 1641 I Bur Oak 1642 I Black Cherry 1643 Blue Spruce 1644 I Black Cherry 1645 I Blue Spruce 1646 I Bur Oak 1647 I Bur Oak 1648 Blue Spruce 1649 I Bur Oak 1650 IBur Oak Scientific Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Picea pungens Picea pungens Picea pungens Quercus macrocarpa Ulmus americana Ulmus americana Acer saccharinum Quercus macrocarpa Quercus macrocarpa Quercus rubra Acer negundo Prunus serotina Quercus macrocarpa Acer sacchrum Quercus rubra Prunus serotina Quercus macrocarpa Ulmus americana Acer negundo Acer negundo Prunus serotina Ulmus americana Quercus macrocarpa Ulmus americana Ulmus americana Picea pungens Quercus macrocarpa Prunus serotina Picea pungens Prunus serotina Picea pungens Quercus macrocarpa Quercus macrocarpa Picea pungens Quercus macrocarpa Quercus macrocarpa 1652 (Red Maple Acerrubrum 1651 IBur Oak Quercus macrocarpa 1653 IBur Oak Quercus macrocarpa 1654 Boxelder Acer negundo DBH (inches) 20 20 20 22 16 21 15 19 18 24 10 9 11 22 15 28 16 9 25 10 23 10 18 10 18 16 8 10 25 12 10 9 26 11 9 9 9 33 31 9 34 29 24 23 29 10 Save (inches) 20 15 19 18 24 10 9 11 22 15 28 16 9 25 10 18 10 18 26 11 9 9 9 Removal for Homes (inches) 20 20 22 16 21 10 23 16 8 10 25 12 10 9 33 31 9 34 29 23 24 29 10 Removal for Roads and Pond (inches) Notes Dead Tag Number 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1801 Species Bur Oak Bur Oak Bur Oak Black Walnut Apple Tree Apple Tree Apple Tree Apple Tree Honey Locust Apple Tree Blue Spruce Red Pine Blue Spruce Blue Spruce Bur Oak Bur Oak Sugar Maple Blue Spruce Blue Spruce Blue Spruce Blue Spruce Bur Oak Sugar Maple Black Cherry Blue Spruce Black Cherry Paper Birch Bur Oak Blue Spruce Black Cherry Bur Oak Bur Oak Bur Oak Bur Oak Blue Spruce Blue Spruce Honey Locust Bur Oak Black Walnut Blue Spruce Blue Spruce Picea pungens Blue Spruce Bur Oak Quercus macrocarpa Blue Spruce Bur Oak Blue Spruce Blue Spruce Scientific Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Juglans nigra Malus domestica Malus domestica Malus domestica Malus domestica Gleditsia triacanthos Malus domestica Picea pungens Pin us resinosa Picea pungens Picea pungens Quercus macrocarpa Quercus macrocarpa Acer sacchrum Picea pungens Picea pungens Picea pungens Picea pungens Quercus macrocarpa Acer sacchrum Prunus serotina Picea pungens Prunus serotina Betula papyrifera Quercus macrocarpa Picea pungens Prunus serotina Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Picea pungens Picea pungens Gleditsia triacanthos Quercus macrocarpa Juglans nigra Picea pungens Picea pungens Picea pungens Quercus macrocarpa Picea pungens Picea pungens DBH (inches) 19 18 17 18 8 13 24 27 21 29 14 12 16 9 32 35 20 16 11 10 7 22 8 10 12 10 18 16 17 9 14 14 9 21 10 9 20 34 10 20 15 12 37 17 17 14 10 Save (inches) 8 10 12 10 18 16 17 14 10 Removal for Homes (inches) 19 18 17 18 8 13 14 20 16 11 10 7 22 9 14 14 9 21 10 9 20 10 20 15 12 37 17 17 Removal for Roads and Pond (inches) 24 27 21 29 12 16 9 32 35 34 Notes Tag Number Species 1802 Blue Spruce 1803 Blue Spruce 1804 Paper Birch 1805 Blue Spruce 1806 Blue Spruce Black Cherry Scientific Picea pungens Picea pungens Betula papyrifera Picea pungens Picea pungens Prunus serotina Bur Oak Black Cherry 1810 Black Cherry Quercus macrocarpa Prunus serotina Prunus serotina 1811 Black Cherry Prunus serotina 10 1812 Quaking Aspen Populus tremuloides 1813 Red Oak Quercus rubra 10 1814 Quaking Aspen Populus tremuloides 10 1819 American Elm Ulmus americana 12 1820 American Elm Ulmus americana 10 1821 American Elm Ulmus americana 1822 Boxelder Acer negundo 1823 Boxelder Acer negundo 1824 American Elm Ulmus americana 1825 Boxelder Acer negundo 10 1826 Boxelder Acer negundo 11 1827 Boxelder Acer negundo 1828 American Elm Ulmus americana 1829 American EIm Ulmus americana 1830 Boxelder Acer negundo 24 1831 Black Cherry Prunus serotina 1832 Bur Oak Quercus macrocarpa 15 1833 Red Oak Quercus rubra 17 1834 Red Oak Quercus rubra 14 1835 Black Cherry Prunus serotina 10 1836 Red Oak Quercus rubra 10 1837 Red Oak Quercus rubra 11 1838 Red Oak Quercus rubra 20 1839 American EIm Ulmus americana 13 1840 Boxelder Acer negundo 14 1841 American EIm Ulmus americana 14 1842 Green Ash Fraxinus pennsylvanica 1843 Green Ash Fraxinus pennsylvanica 14 1844 1845 1846 1847 1848 American EIm Boxelder American EIm Green Ash American EIm 1849 Boxelder Acer negundo 18 1850 Bur Oak Quercus macrocarpa 18 1851 Bur Oak 1 1852 American Elm Ulmus americana Acer negundo Ulmus americana Fraxinus pennsylvanica Ulmus americana Quercus macrocarpa Ulmus americana DBH (inches) 17 10 18 14 10 10 11 9 11 12 10 16 12 10 27 16 Removal Removal for Roads Save for Homes and Pond (inches) (inches) (inches) Notes 17 10 18 14 10 10 11 9 11 10 10 10 12 10 Dead Dead 10 11 24 15 17 14 10 10 11 20 13 14 14 14 12 18 27 16 10 16 12 10 18 Tag Number 1853 1854 1855 1856 1857 1858 1859 1860 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1876 1877 1878 1879 1880 1881 1882 1883 1884 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1903 Species Black Cherry Bur Oak Black Cherry American EIm Black Walnut Black Cherry Green Ash Green Ash Black Cherry Black Walnut Red Oak Bur Oak Red Oak Common Hackberry Boxelder Black Cherry Red Oak Red Oak Red Oak Bur Oak Boxelder Boxelder Boxelder Boxelder American EIm American EIm Boxelder Boxelder Boxelder Boxelder Boxelder Black Cherry Boxelder Silver Maple Silver Maple American EIm Boxelder Green Ash Silver Maple Boxelder American EIm Boxelder American EIm Boxelder American EIm Boxelder Boxelder Scientific Prunus serotina Quercus macrocarpa Prunus serotina Ulmus americana Juglans nigra Prunus serotina Fraxinus pennsylvanica Fraxinus pennsylvanica Prunus serotina Juglans nigra Quercus rubra Quercus macrocarpa Quercus rubra Celtis occidentalis Acer negundo Prunus serotina Quercus rubra Quercus rubra Quercus rubra Quercus macrocarpa Acer negundo Acer negundo Acer negundo Acer negundo Ulmus americana Ulmus americana Acer negundo Acer negundo Acer negundo Acer negundo Acer negundo Prunus serotina Acer negundo Acer saccharinum Acer sacchrum Ulmus americana Acer negundo Fraxinus pennsylvanica Acer saccharinum Acer negundo Ulmus americana Acer negundo Ulmus americana Acer negundo Ulmus americana Acer negundo Acer negundo DBH (inches) 16 32 25 11 22 16 18 20 13 14 32 17 38 11 10 10 12 13 10 9 9 11 11 10 9 10 11 9 9 24 10 30 9 18 13 18 17 22 80 14 12 10 14 17 11 14 16 Save (inches) Removal for Homes (inches) 16 32 25 11 22 16 18 20 9 9 18 17 22 80 Removal for Roads and Pond (inches) 13 14 32 17 38 11 10 10 12 13 10 11 11 10 9 10 11 9 9 24 10 30 9 13 18 14 12 10 14 Notes Mulitple Trunks 11 17 14 16 Tag Number 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 Species Boxelder American EIm American EIm Boxelder Boxelder American EIm Basswood Quaking Aspen Quaking Aspen Quaking Aspen American EIm Boxelder American EIm Boxelder American EIm Boxelder American EIm American EIm American EIm Boxelder Red Maple Black Cherry American EIm Black Cherry Bur Oak Red Oak American EIm Red Oak Bur Oak American EIm Black Cherry Black Cherry Black Cherry American EIm Bur Oak Bur Oak Bur Oak American EIm Red Oak Black Cherry Green Ash Paper Birch American EIm American EIm Green Ash Red Maple Silver Maple Scientific Acer negundo Ulmus americana Ulmus americana Acer negundo Acer negundo Ulmus americana Tilia americana Populus tremuloides Populus tremuloides Populus tremuloides Ulmus americana Acer negundo Ulmus americana Acer negundo Ulmus americana Acer negundo Ulmus americana Ulmus americana Ulmus americana Acer negundo Acer rubrum Prunus serotina Ulmus americana Prunus serotina Quercus macrocarpa Quercus rubra Ulmus americana Quercus rubra Quercus macrocarpa Ulmus americana Prunus serotina Prunus serotina Prunus serotina Ulmus americana Quercus macrocarpa Quercus macrocarpa Quercus macrocarpa Ulmus americana Quercus rubra Prunus serotina Fraxinus pennsylvanica Betula papyrifera Ulmus americana Ulmus americana Fraxinus pennsylvanica Acer rubrum Acer saccharinum DBH (inches) 9 9 8 17 18 14 28 11 17 15 10 11 8 8 16 13 10 10 12 9 11 8 19 16 16 17 12 31 29 9 10 12 8 12 26 24 16 12 15 14 17 23 Save (inches) 13 Removal for Homes (inches) 9 9 8 10 11 8 8 16 10 10 12 9 11 8 19 16 16 17 12 31 29 10 26 24 16 12 15 14 17 23 43 19 33 33 27 46 Removal for Roads and Pond (inches) 17 18 14 28 11 17 15 9 12 8 12 43 19 27 46 Notes Tag Number 1951 1952 1953 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 Species Sugar Maple Boxelder Silver Maple American Elm Boxelder Black Willow Boxelder Black Cherry Bur Oak Boxelder Boxelder Boxelder Boxelder Boxelder Boxelder Boxelder Scientific Acer sacchrum Acer negundo Acer saccharinum Ulmus americana Acer negundo Salix nigra Acer negundo Prunus serotina Quercus macrocarpa Acer negundo Acer negundo Acer negundo Acer negundo Acer negundo Acer negundo Acer negundo Totals DBH (inches) 34 13 35 10 11 50 9 17 17 17 11 10 16 12 9 11 1 l Save (inches) 17 17 11 10 12 11 1151 Removal for Homes (inches) 11 50 9 17 16 9 2821 Removal for Roads and Pond (inches) 34 13 35 10 2193 Notes Total Significant Inches: 6,165" (excludes dead or hazard trees) Total Removal Inches For Homes: 2,821" Total Removal Inches For Roads and pond: 2,193" Total Removal Inches: 5,014" Total Saved Inches: 1,151" Required M ititgation -10% of total removed : 501.4" Bodmer, Kathy Jeff From: Sent: To: Subject: Attachments: Jeff McCormick McCormick Computer Resale 14925 Energy Way Apple Valley, MN. 55124 Phone 952-891-2322 ex 6521 Fax 952-891-2311 Cell 612-817-3385 IM: mcrmccormick mccormick a rnccormick-cr,com NOTE — NEW ADDRESS, SAME PHONE Pleasur experience with MCR From: Jeff McCormick [mailto: mccormick mccormick-cr.com] Sent: Monday, September 16, 2013 12:47 PM To: Tcommdev©cityofapplevalley.org' Cc: 'Kurt Manley'; 'rob@muellerhomesllc.com' Subject: Hunter Forrest proposed addition To the Planning Commission, Jeff McCormick <jmccormick@mccormick-cr.com> Monday, September 16, 2013 12:53 PM Bodmer, Kathy FW: Hunter Forrest proposed addition Frost Point Way Neighborhood in regards to proposed Hunters Forest 16 house addition.docx Please find enclosed the Apple Valley residents of Frost Point Way's request for road restriction. If the development is approved we are asking that the road connecting the existing Frost Point Way road and the new development road be blocked off until the addition is completed. Please confirm you have received this email. Jeff Jeff McCormick McCormick Computer Resale 14925 Way Apple Valley, MN. 55124 Phone 952-891-2322 ex 6521 Fax 952-891-2311 Cell 612-817-3385 IM: mcrmccormick mccormick ccormick-cr.com 1 0 0 0 0 ro °Z3 Q) 0) 0 0 co CI) 4— E 4 — tlo 0) cL ro 0 0 4- 0 0 0 LL :3 ••••.:". 1 2 — 1; 1 3 Dear Planning Commission Members, My name is Tom Troester and I live at 12825 Foliage Ave. I attended I'm afraid that | didn't make my points very clearly. | am writing today to try to clarify. As you may be aware when the Dahle Oaks development was being proposed it spurred quite a heated debate over zoning. In the end the City Council chose to rezone it from R-1 to R-2. It was a satisfactory compromise that everyone could live with and it came with the knowledge that the property to the south would someday be developed and it would not remain R-1. 1 guess naively 1 thought because the north end wasR'ZthattherestofvvhatvviUbecomeoneneighborhood,wou|dberezonedinthesamefeshion. | went to the neighborhood developer/ builder's meeting but the issue of Dahle Oaks being zoned differently than the proposed Hunter's Forrest never came up. Hence 1 didn't even realize that issue until 1 arrived at Iast night's meeting. 1 came to the meeting to hear more about the proposed conservation easement but | left with real concerns about the rezoning. | would like to try to address why 1 believe you should consider a zoning change of R-2 rather than R-3. 1 will Iist my points in what 1 believe to be the order of importance. l)Treepreservation/mitigationandtopography: On page 14 of your packet from last night Vd like to quote the last sentence in the zoning paragraph as it applied to the two most recent developments in this area Dahle Oaks and Eastwood Ridge 2. Quote "The City Council noted that the topography of the parcels, mature trees, and wetlands were all considerations for the R-2 zoning. ^ Except for the issue of wetlands within the proposed development nothing is different about the area to the south of Dahle Oaks. 1 had to smile when 1 read the staffs report noting dead trees and the conversations that came up at the public meeting about buckthorn. You would think this area was some sort of brush pile. l'm sure you all have probably walkecl the parcels and realize the size and stature of most of the old growth oak trees within these parcels. A new home owner that comes and plants new trees and lives in his home until he or she dies will never see their planted trees approach the size of these magnificent creatures. R-2 with larger lots of course allows for more preservation of trees and less run off from driveways. The topography and mature trees in this proposed development are what evidently caused the city council to decide the other two developments should be zoned R-2. 2) Consistency: As 1 noted above the Iast two developments in this area have been zoned R-2. That would seem to indicate that was the plan for this area. 1 think this would be especially important for the folks living in Dahle Oaks. When this area is finally developed it will not be seen as two developments but as one neighborhood. 1 would think a neighborhood would best be served by some consistency in zoning and lot size especially a smaller neighborhood which this will become. 1 also find it interesting that the developer's plans don't even meet the requirement for R-3 on two of his lots thus causing even a larger variation in homes in the neighborhood and greater density. 3) Traffic/safety: Honestly I'm not sure how big an issue this is or will become but you heard the concerns Iast night. Gaiaxie Avenue has become quite the busy thoroughfare especially during the morning and evening rush hours. How much of a backup within the development will occur but as people try to get on Galaxie in the morning | have no idea, but certainly R-2 could mean fewer homes which means fewer cars. At the meeting the only rationale I heard for R-3 was that it made the most sense in these economic times. Yet | read the papers and it seems as if the housing market is coming back and my realtor friend says higher priced homes are selling well. 1 also thought 1 heard someone on the Planning Commission say it wasn't up to the commission to take the economics of the builder in consideration. (1 may be misstating that. 1 wasn't quite sure about the comment). When Dahle Oaks was first proposed that develop/ builder said if it wasn't zoned the original way he planned he couldn't make it work economically. The City Council disagreed. The bulider came back shortly vth a plan for development and Dahle Oaks was developed and zoned R-2. Please reject the zonng of this property as R-3 and finish this neighborhood as it was started, zoned R-2. Thank you for taking the time to read my thoughts. Tom Troester Neighborhood Presentation 9 -18 -13 9/27/2013 Neighborhood Presentation 9 -18 -13 9/27/2013 Neighborhood Presentation 9 -18 -13 9/27/2013 3 Neighborhood Presentation 9 -18 -13 9/27/2013 4 .............................. ;v'. ; ma y ,:? }, ; .; •.:'' f +. Neighborhood Presentation 9 -18 -13 9/27/2013 5 Developer Conservton Easement Conservation Easerilelit aic,f•ici • irIcreased {•tri-()1•1* t.c) Sou rce: Hunter S:: '„,,,---i---- ' '-i--4,'''''''..:.','r ...„ ..4 4 . ,:'' - 1 .-A ,., ' , 1 ?' x 30 ;,,,...,..,' ., •i : ',.;...- v ,, ,: ;:i : ' , .illi':: : 1111:: . ':N : Z : MIN;i: i alli0011.011,1111011111111,111 1 111r, iM . I. , .1 --: X N. ;( 2 ( 21 4- 1 d •. a x i'lgle . " .*.,: v t e;1 14 1 ,, )::,,,,," 9i T,,l, X, x rp 21 ,i ,t , : ), 2 ;' 4 ,' Neighborhood Presentation 9-18-13 9/27/2013 trill en °�. .: s #, 3> ,f #�C t<.<t� 3, , i..f 4 3 :>£ i .�. tiro r; t.^ n .. .. .. ,.- .. w..s 1� s .� z . 33 a � 3i.�s E £ < :��^ -, � €"C•sc#' � ... � and d to GS' #ka Ave High density •' Neighborhood Presentation 9 -18 -13 9/27/2013 7 Expose Elinnina dt \ )1: 2\ a7 Neighborhood P 9-18-13 9/27/2013 8 � W Neighborhood P 9-1 8-13 9/27/2013 9 • • • { ' / • • SITE t E { 2 : 411 HUNTER FORREST =I Parcels Zoned R -1 PARCELS ZONED R -1 (SINGLE FAMILY, 40,000 SF) F � ^ FA ti L— OT ror A. C al EL T) DI O C 45, 07 ,.. M 8 ill') E7 -..-' Ca 1.- cri C 71 0 EM i 6 CC ri CC 4-, CD 0 - ' 0 '12 P GO >- ., ti— co E ▪ co ci 0 'CI IICFS ti. • C ' io 3 m ± ,11 CS) CD CD .> 111 1 Ls) Q Recommended Actions: Hunter Forrest Amended Motions for Planning Commission November 6, 2013 Staff finds that the proposed development substantially complies with the requirements of the City Code. In addition, the revised plans address the issues identified by City Staff, the Planning Commission and the public. A few minor issues remain which are listed below as conditions of approval of the project. Therefore, staff is recommending approval of the development as follows: 1. Recommend approval of the rezoning of the three properties from "R-1" (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000 minimum lot). 2. Recommend approval of the subdivision by preliminary plat of Hunter Forrest creating 16 lots for single family development, subject to conformance with all City Codes, and the following conditions: a. Approval of the subdivision is subject to approval of the rezoning of the properties to "R-3" (Single family, 11,000 sq. ft.). b. Outlot A is a non-contiguous undevelopable parcel which shall not be included in the final plat. c. Drainage and utility easements shall be dedicated over the stormwater infiltration basins on Lot 3, Block 1 and Lot 9, Block 2 and drainage swale on Lots 7, 8 and 9, Block 2, as depicted on the preliminary plat. d. The petitioner shall revise the tree mitigation plans to show replacement of a minimum of 448" of trees in accordance with the Natural Resources Coordinator's memo of November 1, 2013. e. The petitioner shall revise the Preliminary Grading and Erosion Control plan and Grading Guide Plan in accordance with the City Engineer's memo of October 24, 2013. f. Construction traffic shall enter and exit the site from the southern Frost Point Way intersection with Galaxie Avenue. An escrow shall be dedicated for an eight foot (8') wide bituminous pathway along Galaxie Avenue as it abuts the development. h. The developer and owner shall execute a document to control the use and maintenance of the land within the developer's proposed "landscape buffer" area, subject to review and approval by the City Attorney. The documents shall provide a mechanism that allows the City to enforce, in its sole discretion, the terms and obligations under the document, and further provide for the City to recover its costs in the event the City takes action to enforce the same. The existing wells and septic systems shall be sealed and/or removed in accordance with the Building Official's memo of August 27, 2013. The existing connections to sanitary sewer and water for the home at 12896 Galaxie Avenue shall be capped as required by the City Engineer. g. ISD 196 ACFE/ACSE/ABE Building Amended Motions for Planning Commission November 6, 2013 Recommended Staff review of the project finds that the proposed development substantially complies Actions: with the requirements of the City Code. In addition, issues identified by City Staff, the Planning Commission and the public have been adequately addressed. A few minor issues remain which are addressed below as conditions of approval of the project. Therefore, staff is recommending approval of the development as follows: a) Recommend approval of the subdivision by preliminary plat of Rosemount School District 2" Addition with the following conditions: If the City does not repeal Ordinance No. 433, which extends Drake Path right-of-way east through the property to Diamond Path and a portion of property for Tintah Park on the Official Map, the final plat shall include the dedication of the Drake Path right-of-way through the property east to Diamond Path and the portion of property for Tintah Park in accordance with the approved ordinance. The intersection of 144 Street and Diamond Path shall be improved to accommodate the vehicular traffic generated from the proposed development. A development agreement shall be executed and recorded as a condition of the final plat approval between the School District and the City which provides the terms and conditions of the installation, the allocation of the payment of costs and the dedication of right-of-way easement for the 144 Street and Diamond Path intersection improvements. iii. To satisfy the park dedication requirements of the subdivision regulations,_and to which Independent School District 196 shall receive credit the School District agrees that the Barbra Savanick Trail link shall be dedicated to the public and preserved for public use. The Development Agreement for this project shall include a provision mandating that the Barbara Savanick Trail link located on the property shall be dedicated to the public and preserved for public use. The School District shall execute an easement of a minimum of 12' in width in favor of the City for that area comprising the Barbara Savanick Trail link under which the Ci will maintain said trail. b) Recommend approval of the site plan and give building permit authorization to construct a 2-story, 52,000 sq. ft. building for early childhood, family, adult and special education on Lot 1, Rosemount School District 2" Addition, subject to compliance with all City Codes and the following conditions: i. Approval of the Site Plan/Building Permit Authorization is subject to approval of the preliminary and final plat and execution of related development agreements if required. ii. A nursery bid list shall be submitted at the time of application of the building permit which confirms that the value of the landscape plantings meets or exceeds 2-1/2% of the value of construction of the building based on Means Construction Data. iii. Truck hauling in connection with the construction project shall access the site only from the east off of Diamond Path and 144 Street and the District Service Drive on Diamond Path. iv. The construction shall be in accordance with the plans received in City Offices on September 13, 2013, and revised plans received October 10, 2013.