HomeMy WebLinkAbout02/19/2014
Meeting Location: Municipal Center
City of
7100 147th Street West
Apple Valley, Minnesota 55124
FEBRUARY 19, 2014
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 FEBRUARY 5, 2014
4. CONSENT ITEMS
--NONE--
5. PUBLIC HEARINGS
--NONE--
6. LAND USE/ACTION ITEMS
A. ISD 196 Bus Maintenance Facility Fuel Dispensing Area
Consideration of site plan
review/ building permit authorization for fuel dispensing area in connection with a government
(PC14-04-CB)
maintenance facility.
LOCATION: 14445 Diamond Path
PETITIONER: Independent School District 196
B. Fischer Residential Development
Consideration of an amendment to the 2030 Comp Plan
land Use Map re-designating Outlot E, CORTLAND fr-
--
(PC14-02-PZ)
(Multi-Family Residential/6-
LOCATION: East of Pilot Knob Road and south of the Lebanon Cemetery
PETITIONER: Palm Realty, Inc.
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
8. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, March 5, 2014
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, February 5, 2014
-Site plan, variance applications due by 9:00 a.m. on Monday, February 24, 2014
Wednesday, March 19, 2014
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, February 19, 2014
-Site plan, variance applications due by 9:00 a.m. on Monday, March 10, 2014
NEXT CITY COUNCIL MEETINGS
Thursday, February 27, 2014
Regular Scheduled Meeting 7:00 P.M.
Thursday, March 13, 2014
Informal 5:30 P.M.
Regular Scheduled Meeting 7:00 P.M.
Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also
available on the City's Internet Web Site http://www.cityofapplevalley.org.
. 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
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 5, 2014
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
City Planner Tom Lovelace, Planner Kathy Bodmer, Assistant City Engineer David Bennett and
Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda. Ayes - 5 - Nays - 0.
3. APPROVAL OF MINUTES JANUARY 15, 2014.
Chair Melander asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving the
minutes of the meeting of January 15, 2014. Ayes - 5 - Nays — 0.
4. CONSENT ITEMS
--NONE-
5. PUBLIC HEARINGS
A. Fischer Residential Development — Public hearing to consider an amendment to the 2030
Comp Plan land Use Map re-designating a 25-acre outlot (Outlot E, CORTLAND) from "MD"
(Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units
per acre) and rezoning from "M-6C" (Multi-Family Residential/6-12 units per acre) to "PD"
(Planned Development). (PC14-02-PZ)
LOCATION: East of Pilot Knob Road and south of the Lebanon Cemetery
PETITIONER: Palm Realty, Inc.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2014
Page 2 of 4
Chair Melander opened the public hearing at 7:02 p.m.
City Planner Tom Lovelace stated the applicant is requesting Comp Plan amendment and rezoning
to allow for the subdivision of an existing outlot into 87 single-family residential lots. The 25-acre
site is located along the east side of Pilot Knob Road, south of CSAH 42. It is a formal gravel
mining operation and is located directly adjacent to single-family residential uses to the east and
south. The Lebanon Cemetery is located directly to the north.
He stated the proposed re-designation would further reduce the amount of vacant property within
the City available for medium density residential uses. The proposal would add 87 market-rate
single-family dwelling units to the City's existing housing stock. The proposed re-designation
should not have an adverse impact on existing and future uses on the adjacent properties or be
negatively impacted by those adjacent current and future uses. The likely impact to the regional
systems such as water usage, effluent discharge, and traffic generated by this proposed re-
designation would be negligible.
Staff had concerns with the proposed lot and street layout. This would require further discussion
with the applicant as well as submittal of additional information for review. Approval by the City
of submittal of the Comprehensive Plan re-designation request to the Met Council shall not be
considered approval of the preliminary layout or rezoning.
The subject property is located directly adjacent to Pilot Knob Road, a county road. The
preliminary layout shows a public street within the development intersecting with Pilot Knob Road.
Any subdivision of this site would require review and approval by Dakota County,
Discussion followed.
Chair Melander closed the public hearing at 7:24 p.m.
6. LAND USE/ACTION ITEMS
A. Apple Valley Business Campus Building No. 4 — Consider site plan/building permit
authorization to allow for construction of a 43,616-sq. ft. multi-tenant industrial building and 76
surface parking spaces on a 3-acre lot. (PC14-03-B)
LOCATION: Northeast corner of 147th Street West and Felton Court
PETITIONER: Spowd, LLC
City Planner Tom Lovelace reviewed the applicant's request for site plan/building permit
authorization to allow for construction of a 43,616 sq. ft. multi-tenant industrial building and 76
surface parking spaces on a 3-acre lot, located at the northeast corner of 147th Street West and
Felton Court.
He reviewed the elevations, utility plans, sidewalk connections, and landscape plan. A private
storm sewer line would be installed that would collect storm water runoff generated by the
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2014
Page 3 of 4
improvements on the subject property and deposit it in the existing ponding area to the north of the
subject property.
He added that the Fire Marshal had raised the concern that use of the Felton Court hydrant for this
property would likely cut off access to the two existing buildings north of the site. It had been
recommended that a hydrant be installed in the area north of the building.
Commission Schindler arrived at 7:30 p.m.
Discussion followed.
Mark Hebert. Herbert and Associates, provided additional information.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Burke, approving site
plan building permit authorization to allow for construction of a 43,616-sq. ft.
building and 76 surface parking spaces on Lot 1, Block 2, APPLE VALLEY
BUSINESS CAMPUS 2ND ADDITION; subject to the following conditions:
1. The overhead doors and service doors on the north side of the building shall be
similar in color as the building's exterior finish.
2. Sidewalk connections shall be installed that will provide a connection from the
front of the building to the Felton Court sidewalk and 147th Street West
pathway.
3. A fire hydrant shall be installed in the area north of the building.
4. Private storm sewer lines shall be designed and installed per City standards.
5. The five shade trees along 147th Street West, identified on the landscape plan as
Emerald Maple or Red Maple shall be replaced with a different species, such as
honeylocust.
6. All applicable City codes and ordinances shall be strictly adhered to.
Ayes 6 - Nays — O.
7. OTHER BUSINESS
A. Caribou Coffee Drive-Thru Sketch Plan - Review of proposed ordinance amendment to
"PD-290/zone 4" and conditional use permit to allow drive-thru in connection with a Class III
restaurant at Caribou Coffee, located at 14638 Cedar Avenue.
Planner Kathy Bodmer reviewed the proposal for an ordinance amendment and CUP for drive-thru
window in connection with Class III restaurant at Caribou Coffee, 14638 Cedar Avenue. The 1,700
sq. ft. Caribou Coffee is located in the Cedar Marketplace development. The property is zoned PD-
290, Zone 4 which specifically prohibits drive-thru windows in connection with a restaurant facility.
When the planned development sub-district was created in 1999, there was a concern that a drive-
thru window in connection with a restaurant could negatively impact the Glazier Townhome
development to the north.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 5, 2014
Page 4 of 4
She reviewed the proposed traffic flow through the drive-thru, impacts to the shopping center with
the loss of parking spaces, and impacts to the adjacent neighborhood regarding noise and activity.
The drive-thru lane would be located approximately 30' from the nearest townhome building to the
north. Negative impacts associated with drive-thru lanes include vehicle emissions, noise from
outdoor speakers, and noise from idling vehicles.
She identified performance criteria for a Class III restaurant drive-thru. When the City amended the
text of the "R13" (Retail Business) zoning district to allow a drive-thru window in conjunction with a
Class III restaurant in 2007, conditions were established to minimize negative impacts.
Discussion followed.
Michael Wilkus, Wilkus Architects, and Jerry Roper, Caribou Coffee, provided additional
information.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place Wednesday, February 19, 2014, at 7:00 p.m.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the
meeting at 8:02 p.m. Ayes - 6 - Nays - 0.
,Res ectfully Submitted,
Jq0fl Murphy, Planning epart, ent Assistant
Approved by the Apple Valley Planning Commission on
B. Review of upcoming schedule and other updates.
Case Number: PC14-04-CB
Staff Reviewer: Kathy Bodmer
ISD 196 Bus Maintenance Fuel Dispensing Area
Applicant: Independent School District 196
Application Date:
anuary 21, 2014
Meeting Date: Febrtl'ary 19, 2014
Petition for:
Request from Independent School District 196 for consideration of the following actions at the Bus
Maintenance Facility property, 14445 Diamond Path:
• Site Plan Review/Building Permit Authorization to relocate a fuel dispensing area in
connection with a government maintenance facility.
Summary of On November 7, 2013, the City approved the building permit for the construction of the 52,000 sq. ft.
Issues: ECFE/ECSE/ABE building on the newly created Lot 1 of Rosemount School District Second
Addition. To make room for the new building, the School District needs to remove and relocate a
fuel dispensing area. Before that was done, the "P" (Institutional) zoning district had to be amended
to allow a fuel dispensing area in connection with a government maintenance facility like the School
District's bus maintenance facility. Now that the code amendments have been completed, the School
District is requesting site plan review/building permit authorization to relocate the fuel dispensing
area including two fuel pumps and two underground storage tanks.
The two existing underground fuel storage tanks, including a 6,OQO gallon gasoline tank and 10,000
gallon diesel tank, and two fuel pumps are proposed to be relocated from south of the bus
maintenance facility to the west side of the bus maintenance facility. Curbing will be required around
the pavement expansion area to direct any spill or stormwater to an oil/water separator. An oil/water
separator will filter any spill or run-off from the fueling and parking area prior to entering the storm
sewer system. The City Engineer states that spot elevations are needed to ensure proper drainage to
the oil/water separator.
Landscaping: A dense planting of coniferous trees is proposed to help screen the fuel dispensing area
from the residential properties to the west and Tintah Park to the north. However, the landscaping
will need to be extended farther east to provide screening of the fuel dispensing area from Tintah Park
to the north.
Recommended Staff finds that the project substantially complies with the requirements of the zoning code. Thus,
Actions: staff is recommending approval of the project with conditions. if the Commission concurs, the
following motion is suggested:
1. Recommend approval of the Site Plan Review and give Building Permit Authorization to
relocate the fuel dispensing area, including two fuel pumps and two underground storage
tanks, subject to compliance with all City Codes and the following conditions:
a. The petitioner shall obtain an Underground Tank Installation Permit and comply
with all Fire Code requirements.
b. The fueling area shall be located on a paved surface with perimeter concrete curb.
c. An oil/water separator shall be installed in the catch basin that serves the fuel
dispensing area to be reviewed and approved by the City Engineer.
d. The City Engineer shall review and approve the final design of the stormwater
system for compliance with City surface water requirements.
e. Landscaping on the north side of the expanded parking/circulation area shall be
extended east to screen the fuel dispensing area from Tintah Park to the north.
Existing
Conditions
Property Location:
Legal Description:
Comprehensive Plan
Designation
Zoning
Classification
Existin. Plattin
Current Land Use
Size:
Tow!, a h
Existin• Ve etation
Other Significant
Natural Features
Adjacent
Properties/Land
Uses
14445 Diamond Path
Lot 2 Rosemount School District Second Addition.
INS - Institutional
P-Institutional
Platted parcel.
District Service Center building with bus garage, cold storage building, fuel pumps and fuel
tanks.
Lot 2: 7.5 acres
Property drops significantly to the west and southwest.
Urban landscape includino maintained lawn and mature trees
None identified.
NORTH
PROJECT REVIEW
Tintah Park and Kerr Addition
Comprehensive Plan P-Park and LD-Low Density 2-6 units/acre
Zoning/Land Use P-Institutional and R-3 Single family 11,000 sq. ft.
ECFE/ECSE/ABE Building (Lot 1, Rosemount School District 2 Addn)
SOUTH
EAST
WEST
• Diamond Path -- B-Minor Arterial — 120+ ROW
Comprehensive Plan INS-Institutional
Zoning/Land Use P-Institutional
Dakota Ridge School (Lot 1, Block 1, Rosemount School District Addn
Comprehensive Plan
Zoning/Land Use
Rolling Ridge
Comprehensive Plan
Zoning/Land Use
INS-Institutional
P-Institutional
LD-Low Density Residential 2-6 units/acre
R-3 Single family 11,000 sq. ft.
Development
Project Review
Comprehensive Plan: The Comprehensive Plan guides this property for "INS" (Institutional) uses. A fuel dispensing area in
connection with a bus maintenance facility is consistent with the Comp Plan designation, provided it is well-screened and well-
maintained. The Comprehensive Plan notes that neighborhood buffering "protect[s] property values, provide[s] neighborhood
identification and promote[s] aesthetically pleasing development (Page 4-4)."
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. The zoning code was recently amended to allow fuel
dispensing areas as a permitted accessory use in connection with a government maintenance facility.
Preliminary Plat: The property is platted. No further subdivision is requested as part of this project.
Site Plan: The site plan shows that the fuel dispensing area will be constructed on the west side of the pavement area on the
west side of the bus garage.
Grading Plan: No significant grading is required for the fuel dispensing area Spot elevations shall be provided for the
expanded parking/circulation area to ensure proper drainage to the oil/water separator.
Municipal Utilities: The City Engineer reviewed the plans and indicated that an oil/water separator should be required for the
catch basin that serves the fueling area to provide filtering of any run-off before entering the City's storm sewer system,
Street Classifications/Accesses/Circulation: The following streets are adjacent to the development site:
• 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. Right-of-way for a cul-de-sac was dedicated with the Rosemount School District
Second Addition. The cul-de-sac will be constructed in the future by the City.
Landsca e Plan/Natural Resources: Several trees are proposed to be constructed around the expanded pavement area and
fuel dispensing area. A total of 19 coniferous trees are shown planted around the northwest corner of the expanded pavement
area to screen it from the residential area to the west. The plantings will need to be extended to the east to better screen the
fueling area from Tintah Park to the north. A total of 20 deciduous trees are shown planted in the sodded area southwest and
south of the expanded pavement area to screen the bus maintenance facility from the residential properties to the west and
southwest.
Elevation s: N/A
Pedestrian Access: Pedestrian access and circulation were evaluated in connection with ECFE building project. No pedestrian
access issues identified with this project.
Public Safet Issues: Roy Kingsley, Fire Marshal, stated that the School District will need to obtain an Underground Tank
Installation Permit from the Fire Department for the removal and relocation of the 6,000 gallon gasoline and 10,000 Gallon
diesel fuel tanks. The School District is aware of this requirement and has submitted information for the permit.
Recreation Issues: Tintah Park abuts the ISD 196 Bus Maintenance Facility to the north. Currently there is no buffer or
landscaping that screens the maintenance facility from the park. The plantings should be extended to the east in order to screen
the fueling area from the park to the north.
Signs: No sign approvals have been requested or are given at this time. No signs may be installed prior to the issuance of a
separate permit from the City.
Public Hearin Comments: To be taken.
Attachments:
1. Location Map
2. Comprehensive Plan Map
3. Zoning Map
4. Oblique Aerial View
5. Site Plan
6. Geometric Plan — Detail View
7. Landscape Plan
8. Photos
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OUTLOT E, CORTLAND COMP PLAN AMENDMENT AND REZONING
Agenda Item: 6B
Case Number: PC14-02-P
Staff Reviewer: Thomas Lovelace
Applicant: Pala) Realty, Inc.
Application Date: January 9, 2014
Meeting Date: February 19, 2014
Petition for:
Purpose:
Summary of
Issues: The proposed re-designation will further reduce the amount of vacant property within the City available for
medium density residential uses.
Recommended
Action:
• Comprehensive Plan Land Use Map amendment re-designating 25 acres of property from "MD"
(Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per
acre).
• Rezoning of 25 acres from "M-6C" (Multi-Family Residential/6-12 units per acre) to "PD" (Planned
Development).
The applicant is requesting Comp Plan amendment and rezoning to allow for the subdivision of an existing
outlot into 87 single-family residential lots. The 25-acre site is located along the east side of Pilot Knob Road,
south of CSAH 42. It is a formal gravel mining operation and is located directly adjacent to single-family
residential uses to the east and south. The Lebanon Cemetery is located directly to the north.
The proposal will add 87 market-rate single-family dwelling units to the City's existing housing stock.
The proposed re-designation should not have an adverse impact on existing and future uses on the adjacent
properties or be negatively impacted by those adjacent current and future uses.
The likely impact to the regional systems such as water usage, effluent discharge, and traffic generated by this
proposed re-designation will be negligible.
Staff does have concerns with the proposed lot and street layout that will need to be addressed as part of any
formal subdivision request.
Approval by the City of submittal of the Comprehensive Plan re-designation request to the Met Council shall
not be considered approval of the preliminary layout or rezoning.
The subject property is located directly adjacent to Pilot Knob Road, a county road. The preliminary layout
shows a public street within the development intersecting with Pilot Knob Road. Any subdivision of this site
will require review and approval by Dakota County.
If the Planning Commission concurs, staff is recommending the following:
1. A motion to recommend approval of the Comprehensive Plan Land Use Map amendment re-
designating Outlot E, CORTLAND from "MD" (Medium Density ResidentiaU6-12 units per acre)
to "LD" (Low Density Residential/2-6 units per acre).
2. A motion to recommend approval of the rezoning of Outlot E, CORTLAND from "M-6C" (Multi-
Family Residential/6-12 units per acre) to "PD" (Planned Development) to allow for single-family
development subject to a final agreement reached by the City and developer as to the minimum lot
area standards and requirements and all performance standards for the PD and subject to the
following:
• The City reserves the right to require that a traffic analysis be submitted with any
subdivision request for Outlot E, CORTLAND.
OUTLOT E, CORTLAND COMP PLAN AMENDMENT AND REZONING
PROJECT REVIEW
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
Along the east side of Pilot Knob Road just south of CSAH 42
Outlot E, CORTLAND
"MD" (Medium Density Residential/6- 12 units per acre)
"M-6C" (Multi-Family Residential/6-12 units per acre)
Platted as an outlot
Vacant
Approximately 25 acres
Existing Conditions
Irregular terrain as a result of gravel mining
Volunteer growth
None
NORTH
SOUTH
EAST
WEST
Lebanon Cemetery
Comprehensive
Plan
Zoning/Land Use "P" (Institutional)
Apple Valley Family East 2" Addition
Comprehensive
Plan
Zoning/Land Use
Cortland Single-Family Residential Development
Comprehensive
Plan
Zoning/Land Use
Fischer Sand and Aggregate Mining Operation
Comprehensive
Plan
Zoning/Land Use
Development Project Review
2
"P" (Institutional)
"LD" (Low Density Residential/2-6
units/acre)
"PD-856/zone 2" (Planned Development)
"LD" (Low Density Residential/2.-6
units/acre)
"R-3" (Single Family Residential/1 1,000 sq.
ft. min. lot area)
"MBC" (Mixed Business Campus)
"SG" (Sand and Gravel)
Comprehensive Plan: The 2030 Land Use Map currently guides the subject property "MD" (Medium
Density Residential/6-12 units per acre. Land uses within this designation include townhomes, other
attached single-family dwellings, and low-rise apartments and condominiums at densities that range
between six and twelve units per acre. This designation fits with the M-4, M-5, M-6, and PD zoning
districts.
The applicant is requesting that the property be re-designated to "LD" (Low Density Residential/2-6 units
per acre). Property within this designation is intended to create, preserve and maintain the places to live
that define the primary character and identity of Apple Valley. A variety of housing types may be built in
Low Density (LD) residential area including single-family detached dwellings, duplexes, twin homes,
townhomes, and other types of attached housing. In the past, housing densities ranged from one-half to six
units per acre. Today, the Land Use Plan places housing densities in the "LD" areas at three to six units
per acre. However, the City recognizes that in some cases of infill development when there are severe
slopes, mature trees, lakes, wetlands, or existing adjacent residential neighborhoods, densities of less than
three units per acre may be needed. The City will use the zoning ordinance and other land use controls to
manage this land use category. Most existing single-family residential neighborhoods are zoned "R-1",
"R-2", "R-3" and "R-CL". Additionally, the "R-5" (two family); "M-1", "M-2" and "M-3" (multiple
family), and "PD" (planned development) districts are eligible for this land use category provided that the
performance criteria set forth in the zoning ordinance are met.
The housing chapter of the Comprehensive Plan identifies housing needs and provides goals and policies
to help guide residential development and redevelopment in the city. The Plan seeks a housing supply that
offers a variety of styles and ownership options, which can be achieved by guiding land for development
at low, medium, and high densities. The Plan also references a needs assessment that was prepared by
the Dakota County Community Development Agency, which indicated a need for new housing in all
markets through 2030.
Therefore, the following should be considered in the review of this request:
• The 2030 Comp Plan designates 42% (4,697 acres) of the land as Low Density Residential and 5%
(525 acres) Medium Density Residential.
• Since 2010, roughly 60 acres of vacant "MD" property has been re-designated "LD" and 5 acres
have been re-designated "C" (Commercial). That leaves approximately 58 acres of vacant
property (including the subject property) with the "MD" designation.
• Between 2000 and 2012, 3,383 new dwelling units were built in the City. It included 360 single-
family, 1,353 townhomes, and 1,670 multi-family dwelling units.
• In 2000, 61 % of the dwelling units were single-family, 24% were townhomes and 12% were
multi-family. In 2012, 53% of the dwelling units were single-family, 27% were townhomes and
18% were multi-family.
The proposed re-designation should not have an adverse impact on existing and future uses on the adjacent
properties or be negatively impacted by those adjacent current and future uses.
The likely impact to the regional systems such as water usage, effluent discharge, and traffic generated by
this proposed re-designation will be negligible with the proposed change.
Livable Communities Impact: The proposal will add 87 market-rate single-family dwelling units to the
City's existing housing stock.
Zoning: The property is currently zoned "M-6C" (Multi-Family Residential/6-12 units per acre). The
"M-6" districts are intended for those areas, which are designated for "medium density" in the
3
comprehensive guide plan, where a moderately high density of townhouse or apartment dwelling units is
expected. Property within these districts are characterized by relatively level topography, the minimal
presence of significant mature vegetation and proximity to either neighborhood or community collector
roads or to arterial roads. Permitted uses within the current zoning district include townhouse dwellings,
and provided no single structure contain in excess 12 dwelling units, and apartment buildings. The
applicant is requesting a rezoning from "M-6C" to "PD" (Planned Development), which would allow
them to subdivide the property for single-family residential uses, consistent with the proposed Comp Plan
re-designation.
Back in 2009, the applicant submitted an application requesting the rezoning of approximately 114 acres
located in the southeast corner of CSAH 42 and Pilot Knob Road, including the subject property, from
"SG" (Sand and Gravel) to three different residential zoning districts. No specific land development
proposal was submitted their request. However, they indicated that they had a developer interested in the
property who intended to develop the site primarily for multi-family uses.
The City did approve the request, which rezoned 22 acres to "R-3" (Single Family Residential/11,000 sq.
ft. min. lot area), 53 acres to "M-3" (Multiple Family Residential/3-6 units per acre), 4 acres "P"
(Institutional), and 35 acres to "M-6" (Multiple Family Residential/6-12 units per acre). Attached is a plan
from 2009 that shows the rezoned areas.
No development occurred with that rezoning and the property lay idle until 2012, at which time D. R.
Horton, Inc. submitted a request and received approval to rezone approximately 64 acres from "M-3" and
M-6" to "R-3" to allow for development of 178 single-family residential lots.
They have submitted a preliminary layout, which shows 87 single-family lots on 25 acres. The lots will
vary in size with smallest having an area 8,427 sq. ft. and a lot width of 60 feet. This is different from our
typical "R-3" zoning district, which has minimum lot area of 11,000 sq. ft. and lot width of 80 feet, but is
consistent with the recently approved Apple Valley East Family 2 Addition directly to the south. This
development is located in a planned development that allows for single-family dwellings to be built on lots
having minimum lot widths of 55-70 feet and lot areas of 7,500-8,000 sq. ft.
A planned development ordinance would address such things as a minimum lot size and lot width as well as
establishing the uses, area requirements, and performance standards for the planned development district,
consistent with the proposed development.
A planned development is defined as "An urban development often having two or more principal uses and
having specialized performance standards relating to an overall approved development plan to provide for
an optimal land use relationship. The purposes of the planned development zoning district are:
• To encourage a more creative and efficient approach to the use of land;
• To allow a variety in the types of environment available to the people of the city;
• To encourage more efficient allocation and maintenance of privately controlled open space in
residential developments through the distribution of overall density of population and intensity of
the land use where an arrangement is desired and feasible;
• To provide the means for greater creativity and flexibility in environmental design than is
provided under the strict application of the zoning and subdivision chapters while at the same time
4
preserving the health, safety, order, convenience, prosperity and general welfare of the City and its
inhabitants;
• To encourage an overall design within the natural boundaries for an area; and
• To provide an overall guide for developments that are staged because of the size of an area.
Preliminary Layout: As stated previously, a site plan was submitted with the request that shows 87 single-
family lots on the 25-acre outlot. Access to these lots would be via public streets that will intersect with
Embry Path to the east at two locations, Emory Avenue to the south, and Pilot Knob Road to the west.
The lots in the preliminary layout vary in size from 8,427 to 19,470 sq. ft. with the majority of the lots
having an area of less than 11,000 sq. ft., which is the minimum lot size in the "R-3" zoning district. The
same is true for the lot widths, which vary from 60 for an interior lot to 92 feet for a corner lot, which is less
than the minimum of 80 feet for an interior lot and 100 feet for a corner lot in the "R-3" zoning district.
It is our understanding that the applicant has submitted this preliminary layout as a template to be used for
the formulation of the proposed planned development. They have indicated that they have not identified a
developer or builder for the property, but they would like to have the City use this layout to establish
minimum area requirements and performance standards for the site.
Staff is agreeable with using this layout as a guide for the preparation of the planned development
ordinance, with some reservations. Those reservations include the proposed street and lot layout. Staff has
informed the applicant that there was an expectation that there would a collector street from Embry Path to
Pilot Knob Road. This street was to provide a more direct access to Pilot Knob Road for residents within
the overall area and direct driveway access would be prohibited. It was also hoped that the dwelling units
abutting this street would be oriented in manner that would alleviate impacts created by the traffic on the
street.
Another concern relates to the proposed lots that will directly front Embry Path and have driveway access to
that street. This issue is similar to one that was raised regarding the safety of vehicles backing out of lots off
Embry Path in the CORTLAND addition project, located to the east of the subject property. In that case,
approval of that subdivision included the provision that the lots along Embry Path have driveways with a
vehicle turnaround, which would allow driving versus backing out onto the street.
These issues may require additional information, such as a traffic analysis be submitted for review by the
City with any proposed subdivision request.
Attachments: Location Map
Existing Comprehensive Plan
Proposed Comprehensive Plan
Zoning Map
Preliminary Layout
Approved 2009 Rezoning Map
5
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COMP PLAN AND
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REQUEST
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