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03/19/2014
Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 MARCH 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 19, 2014 4. ANNUAL BUSINESS MEETING 5. CONSENT ITEMS --NONE-- 6. PUBLIC HEARINGS --NONE-- 7. LAND USE/ACTION ITEMS A. Chapter 155 Amendments– Adopt resolution setting a public hearing to consider Amendments to Chapter 155 (Zoning) related to number of Council votes required for rezoning, conditional uses in the I-2 (General Industrial) zone, window wells, front decks with railing, and . (PC14-08-Z) rooftop mechanical unit setback, by City of Apple Valley B. Chapter 153 Amendments – Adopt resolution setting a public hearing to consider Amendments to Chapter 153 (Subdivision), related to Council waivers, minor subdivisions, and (PC14-09-O) other items for purposes of clean-up and clarification, by City of Apple Valley. 8. OTHER BUSINESS A. Annual Report Presentation B. Review of upcoming schedule and other updates. 9. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, April 2, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, March 5, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, March 24, 2014 Wednesday, April 16, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, March 19, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, April 7, 2014 NEXT CITY COUNCIL MEETINGS Thursday, March 27, 2014 Regular Scheduled Meeting 7:00 P.M. Thursday, April 10, 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. City of Apple VaIIey ITEM DESCRIPTION: APPROVAL OF MINUTES OF FEBRUARY 19, 2014 STAFF CONTACT: Joan Murphy, Department Assistant Action Requested Recommend approving the minutes of the meeting of February 19, 2014. Summary N/A Background N/A Budget Impact N/A Attachment(s) February 19, 2014 Minutes ITEM: PLANNING COMMISSION MEETING DATE: SECTION: DEPARTMENT /DIVISION: Community Development 3 March 19, 2014 Approval of Minutes 1. CALL TO 0 7:00 pm • 1 ER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, and David Schindler. Members Absent: Brian Wasserman Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, Planner Kathy Bodmer, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 19, 2014 Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES FEBRUARY 5, 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 February 5, 2014. Ayes - 5 - Nays — 0. Abstained — 1 — Diekmann. 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 maintenance facility. (PC14-04-CB) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 19, 2014 Page 2 of 4 LOCATION: 14445 Diamond Path PETITIONER: Independent School District 196 Planner Kathy Bodmer reviewed the request from Independent School District 196 for consideration of the Site Plan Review/Building Permit Authorization to relocate a fuel dispensing area in connection with a government maintenance facility at 14445 Diamond Path. She stated on November 7, 2013, the City approved the building permit for the construction of the 52,000 sq. ft. 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. The code amendments have been completed and 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 6,000 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 would be required around the pavement expansion area to direct any spill or stormwater to an oil/water separator. An oil/water separator would filter any spill or run-off from the fueling and parking area prior to entering the storm sewer system. She commented that the City Engineer stated that spot elevations are needed to ensure proper drainage to the oil/water separator. 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. Landscaping would need to be extended farther east to provide screening of the fuel dispensing area from Tintah Park to the north. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending 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. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 19, 2014 Page 3 of 4 B. Fischer Residential Development — Consideration of an amendment to the 2030 Comp Plan land Use Map re-designating 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 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 added the proposed re-designation would further reduce the amount of vacant property within the City available for medium density residential uses but that 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. He shared that staff does have concerns with the proposed lot and street layout that would need to be addressed as part of any formal subdivision request. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of the Comprehensive Plan Land Use Map amendment re- designating Outlot E, CORTLAND from "MD" (Medium Density Residential) 6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre). Ayes - 6 - Nays — 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending 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. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 19, 2014 Page 4 of 4 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. City Planner Tom Lovelace stated that the next Planning Commission meeting would take place Wednesday, March 5, 2014, at 7:00 p.m. 8. ADJOU MENT 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 7:22 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on City of App e ITEM DESCRIPTION: ANNUAL BUSINESS MEETING STAFF CONTACT: Bruce Nordquist, Community Development Director Action Requested Recommend to nominate and elect from among themselves the following officer positions: Summary The purpose of the annual business meeting is to elect officers for the year. Background In accordance with City Code, the Planning Commission provides for an annual business meeting, to be held following the City Council meeting at which new appointments to the Commission are made. At the City Council meeting of February 27, 2014, existing members Diekmann, Schindler and Wasserman were reappointed for a 3 year term. Budget Impact N/A Attachment(s) N/A Valley 1. Chair 2. Vice-Chair 3. Secretary ITEM: PLANNING COMMISSION MEETING DATE: SECTION: Annual Business Meeting DEPARTMENT/DIVISION: Community Development 4 March 19, 2014 0.0 City of App Valley ITEM DESCRIPTION: Set Public Hearing to Consider Amendments to Chapter 155 (Zoning) by City of Apple Valley (PC14-08-Z) STAFF CONTACT: DEPARTMENT/DIVISION: Kathy Bodmer, Planner Community Development Action Requested Recommend adopting the draft resolution setting a public hearing to consider amendments to Chapter 155 (Zoning). Summary The Planning Commission is requested to set a public hearing to consider amendments to the zoning code. Five minor amendments are proposed that are considered housekeeping in nature. The proposed amendments include the following: O Revise the number of City Council votes required for rezoning and zoning amendments O Conditional uses in the 1-2 (General Industrial) zone • Window well encroachments O Allow decks, stoops and uncovered porches with railings in the front yard • Rooftop mechanical unit setbacks Background ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 7A March 19, 2014 Land Use/Action Items The following is a summary of the items that staff suggests could be included in the amendment: 1. Amend Number of Votes Required to Approve Zoning Amendment. Currently the zoning code states that the City Council must approve a rezoning of property or an amendment to the requirements of a zoning district with a four-fifths majority vote. This is inconsistent with State law which only requires a majority vote of the members ("simple majority") for most rezoning and zoning amendments. State law does require a two-thirds majority vote (essentially, four out of the five members) when rezoning from a residential zoning designation to either a commercial or industrial designation. The proposed amendment would make the City Code consistent with State Statutes. 2. Allow Same Conditional Uses in 1-2 as in I-1. Right now, permitted and accessory uses in the I-1 (Limited Industrial) zone are also permitted and accessory uses in 1-2 (General Industrial) zone. However, conditional uses in the I-1 are not automatically allowed as conditional uses in the 1-2 zone. The proposed amendment would simply allow the conditional uses that are allowed in the I-1 zoning district to also be located in the 1-2 district. The 1-2 zoning district is a more intense zoning district and the proposed uses would be no more intense than what is already allowed by CUP. It should be noted that there are some supporting retail/service uses that are allowed in the I-1 zone that may not be desirable in the 1-2 zone, including truck stops, motor fuel sales or child care centers. The City may decide that it is best to specifically select the conditional uses that would be allowed rather than allowing all of the conditional uses. 3. Window Well Encroachments and Setbacks. Homeowners remodeling their basements often wish to install egress windows in the side yard of their home. If the home is already set at the 10' minimum side yard setback, there is no room available to install a window well without encroaching into the required setback. The building code requires a minimum horizontal area of 9 sq. ft., with a minimum horizontal projection and width of 36". Allowing an encroachment into the setback of up to 48" into a setback would allow for the installation of a block wall of 8" to 12" and still maintain the 36" horizontal width and depth requirement. The proposed amendment would allow for encroachment into a front, side or rear setback up to 48", provided no less than 3' is maintained from a side property line and that there is no encroachment into an easement of record. 4. Allow decks, stoops and uncovered porches with railing in front yard. Right now, patios and decks may encroach 8' into the front setback as long as they are 18" or less above grade at the building line and they have no railing. This amendment removes the requirement for no railing on front decks and patios that encroach into the front setback. In addition, language is added to clarify that uncovered front porches, steps and stoops 18" or less above grade may also encroach into the front yard setback and may also have railing. 5. Reduce Setback for Roof Top Mechanical Equipment. The zoning code requires that mechanical equipment must set back a minimum of 20' from the building edge. On smaller commercial buildings, like the Crooked Pint, the setback is very difficult to meet. The code already requires that the equipment be fully screened, so the setback is less of an issue. Decreasing the rooftop mechanical equipment setback from 20' to 10' would allow for more flexibility. No other changes to the screening requirements are proposed. Two other typos in this section are fixed. Budget Impact N/A Attachment(s) 1. Draft Resolution Setting Public Hearing. 2. Table comparing Conditional Uses in I-1 (Limited Industrial) and 1-2 (General Industrial) 3. Window Well Photos 4. Front Decks/Stoops with Railings Photos CITY OF APPLE VALLEY RESOLUTION NO. 2013 - A RESOLUTION SETTING A PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 155 OF THE CITY CODE OF THE CITY OF APPLE VALLEY WHEREAS, the City of Apple Valley has adopted a Zoning Ordinance dividing the City into a series of zones providing for a variety of permitted land uses and performance standards in order to protect the public health safety, and general welfare, and WHEREAS, the terms of such regulations provide for certain permitted, accessory and conditional uses, and WHEREAS, the City of Apple Valley finds that current conditions warrant the consideration of various amendments to Chapter 155 of the City Code of Ordinances, and WHEREAS, Section 155.400 of the City Code of Ordinances provides for such procedure to effect a rezoning or amendment to the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City of Apple Valley, Dakota County, Minnesota, that a public hearing before the Apple Valley Planning Commission be set for April 16, 2014, at 7:00 p.m., or as soon thereafter as 'possible, to consider an amendment to the Apple Valley Zoning Regulations concerning the number of votes required to approve a zoning amendment, conditional uses in the "1-2" (General Industrial) zoning district, egress window encroachments, front stoops or porches with railings, setbacks for rooftop screening of mechanical equipment and other miscellaneous amendments as may be needed for clean-up and clarification as listed in Chapter 155 Sections 155.400, 155.218, 155.333 and 155.346 of the Apple Valley Code of Ordinances. ADOPTED this 19th day of March, 2014. Thomas Melander, Chair hAword\pc_proj\apps\zon ord-cups i-2 front porch roof screen\resolution pc set hrg - zoning amends.docx NJ Ca 4ia Lr) 11101111N Examples of Window Wells Timber Steel/Galvanized Metal Block/Pavers Examples Frond Decks /Stoops with Railings Zonin g Ordinance Amendments Apple Valley Planning Commission Meeting March 19, 2014 Apple„ Requested Actions Set public hearing to consider various Zoning Code amendments. 1. Amend Number of Votes Required to Approve Zoning Amendment. Allow Same Conditional Uses in I -2 as in I -1. Allow Window Well Encroachments. Remove restriction to allow front deck with a railing. Reduce Setback for roof top mechanical equipment. Apple„ 1. Amend Number of Votes Required to Approve Zoning Amendment. Zoning code currently states rezoning of property or an amendment of the requirements of a zoning district requires a majority vote of four - fifths of the City Council members. State law states that a rezoning or a change to the requirements of a zoning district only requires a majority vote of the members. However, a two-thirds majority vote is required when rezoning from a residential zoning designation to either a commercial or industrial designation (works out to 4 out of 5) Proposed amendment needed to make the City Code consistent with State Statutes. 2. Make Conditional Uses in I -1 District also Conditional Uses in I -2 District • Permitted uses in I -1 are also permitted uses in I -2. • Accessory uses in I -1 are also accessory uses in I -2. Amendment proposed to allow the conditional uses that are allowed in the I -1 zoning district to also be located in the I -2 district. The I -2 zoning district is a more intense zoning district and the proposed uses would be no more intense than what is already allowed by CUP. Apple„ I -1 Zoning District (§ 155.203 CONDITIONAL USES) I -2 Zoning District (§ 155.218 CONDITIONAL USES) (A)Motor fuel sales, including minor auto repair facilities or car wash; (A)Acid manufacture; (B)Truck and freight terminals and maintenance garages; (B)Storage, utilization or manufacture of materials or products which could decompose by detonation; (C)Outdoor storage of vehicles or materials on open sales lot; (C)Refuse or garbage disposal; (D) Explosives, including all activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation; (D) Any activity which emits smoke darker than Shade No. 3 on the Ringelmann Chart; (E)Animal kennels with outside pens; (E)Auto wrecking, junkyard, used auto parts (open storage) and similar uses; Comparison of Conditional Uses I -1 and I -2 Apple„ I -1 Zoning District (• 155.203 CONDITIONAL USES) I -2 Zoning District (§ 155.218 CONDITIONAL USES) (F) Truck stops; (F) Incineration or reduction of waste material other than customarily incidental to a principal use; (G) Rental lots; (G) Poison, fertilizer, fuel briquettes; (H) Sales yards for building materials; (H) Kilns or other heat processes fired by means other than electricity; (I) Outdoor research or testing facilities; (I) Explosives including all utilization, storage or manufacture of materials or products such as TNT or dynamite which could decompose by detonation; (J) Churches, unless a compelling governmental interest to restrict same is found . . .: (J) Open storage, primary or secondary use, o any type; and (K) Towers; (K)Concrete ready -mix plants and asphalt plants. (L) Child Care Centers Comparison of Conditional Uses I -1 and I -2 Apple„ 3. Window Well Encroachments • Challenge when remodeling a basement. No room for window well if home set at the 10' minimum side yard setback. • Building code requires min. horizontal area of 9 sq. ft., with a min. horizontal projection and width of 36 ". Allowing an encroachment into the setback of up to 48" would allow for the installation of a block or poured wall of 8" to 12 ". Propose allowing an encroachment into a front, side or rear setback up to 48 ", provided: No less than 3' is maintained from a side property line No encroachment into an easement of record. 4. Front decks and porches with railing Zoning Code allows patios and decks to encroach 8' into the front setback as long as: 18° or less above grade at the building line and there is no railing. • Proposed amendment to allow the installation of railings on front decks. • Add provision that front steps, stoops and porches may also encroach up to 8' into front setback. 5. Reduce Setback for Rooftop Mechanical Equipment Zoning Code currently requires a minimum setback of 20' for rooftop mechanical equipment. On a smaller buildings like the Crooked Pint the setback cannot be met. Architects and builders also state the setbacks are difficult to meet when designing HVAC systems. Proposed amendment to decrease setback for rooftop mechanical equipment from 20' to 10'. No change to screening requirement — complete screening still required. Apple„ Recommendation Staff recommends the following motion: Adopt the draft resolution setting a public hearing to consider various amendments to the zoning code. Apple„ Questions? Apple„ City of App Valley STAFF CONTACT: Kathy Bodmer, Planner Action Requested Summary Background ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 1. Council Waivers a Duplicate of Variance Procedure 2. Replace Term "Bulk" with "Building Massing" 3. Recorded Plats Not Meeting Dimensional Requirements 4. Waiving Public Hearings for "Minor Subdivisions" 5. Term "Preliminary Plat" not Synonymous with "Subdivision" ITEM DESCRIPTION: Set Public Hearing to Consider Amendments to Chapter 153 (Subdivision) by City of Apple Valley (PC14-09-0) DEPARTMENT/DIVISION: Community Development Recommend adopting the draft resolution setting a public hearing to consider amendments to Chapter 153 (Subdivision). The Planning Commission is requested to set a public hearing to consider amendments to the subdivision chapter of the City Code. Minor amendments are proposed that are considered housekeeping in nature and include the following: Below is a list of some of the Subdivision Code amendments that staff would like the Planning Commission to consider. 7B March 19, 2014 Land Use/Action Items 1. Council Waivers a Duplicate of Variance Procedure. §153.03 authorizes the City Council to waive compliance with provisions in the subdivision regulations. In effect, this is a variance provision and is redundant with the variance procedure provided later in the Subdivision Chapter. Staff would like to remove this section. 2. Replace Term "Bulk" with "Building Massing." §153.26(B)(1) uses the term "bulk" in the following phrase: "...except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the above referenced regulations as to bulk or use..." Bulk is an architectural term that is used to describe building size and massing on a lot. A more up-to-date word like building coverage and/or building massing may better communicate the City requirement in this section. 3. Recorded Plats not Meeting Dimensional Requirements. §153.32 (B) deals with instances where there is a dimensional problem after the City has approved a plat and the plat has been filed. In some cases, this is an unintentional oversight on the part of the City and the developer's engineer. In other cases, a plat may be filed at the County Recorder's Office after City review and approval that is different from what was approved by the City and which does not meet the Code requirements. This section needs to be edited to clarify the procedure for making findings of non-compliance. 4. Waiving Public Hearing for "Minor Subdivisions." §153.35 "Minor Subdivision" is a provision of the subdivision chapter of the City Code that is inconsistent with State Statutes. This section states that a subdivision that creates three or fewer lots where streets and services are already available may not be required to conduct a public hearing. This provision is contrary to State law which requires a public hearing for any subdivisions of property. This section would be removed from the Subdivision Chapter. 5. Term "Preliminary Plat" Not Synonymous with "Subdivision". Throughout §153.78 "Plat Procedure," the term "preliminary plat" or "plat" is used to describe when a public hearing is required. According to State law, a public hearing is required for a subdivision of property. A preliminary plat is a drawing that depicts the subdivision. Plats and subdivision are not synonymous terms, so this section would be revised to correct the terms. Budget Impact N/A Attachment(s) 1. Draft Resolution Setting Public Hearing. 2. Subdivision Code Sections A RESOLUTION SETTING A PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 153 OF THE CITY CODE OF THE CITY OF APPLE VALLEY WHEREAS, the City of Apple Valley has adopted a Subdivision Ordinance to control the subdivision of land within its borders in order to protect the public health safety, and general welfare; and WHEREAS, the terms of such regulations provide for standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land and to ensure proper legal descriptions and monumenting of subdivided land; and WHEREAS, the City of Apple Valley finds that current conditions warrant the consideration of various amendments to Chapter 153 of the City Code of Ordinances; and WHEREAS, Section 153.78 of the City Code of Ordinances provides for such procedure to effect an amendment to the Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City of Apple Valley, Dakota County, Minnesota, that a public hearing before the Apple Valley Planning Commission be set for April 16, 2014, at 7:00 p.m., or as soon thereafter as poTible, to consider an amendment to the Apple Valley Subdivision Regulations concerning Counci vvaivrs, nhinor subdivision and other items for purposes of Subdivision Ordinance clean-up and clarification. ADOPTED this 19th day of March, 2014. CITY OF APPLE VALLEY RESOLUTION NO. 2014 - h:\word\pcproj\apps\subdivision ord amendments\resolution pc set hrg - subdiv amends.docx Thomas Melander, Chair Chapter 153 Subdivision Code Excerpts . Council Waivers a Duplicate of Variance Procedure. § 153.03 allows for a waiver of compliance with the Subdivision Ordinance. Any waivers should follow the procedure for a variance as provided in 153.77 below. § 153.03 COUNCIL WAIVER; COMPLIANCE. The City Council, after a review by the Planning Commission, may waive compliance with any of the provisions of this chapter, except where prohibited by M.S. § 462.358, subd. 3B. The granting of a waiver shall require the adoption of a resolution specifying which provisions have been waived in either of the following cases: (A) In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this chapter; and (B) Where an improved plat can be achieved by deviation from certain provisions of this chapter. ('81 Code, § B1-3) (Ord. 293, passed 4-21-83) § 153.77 VARIANCES AND WAIVERS. (A) Purpose. The City Council may, after review and recommendation by the Board of Appeals and Adjustments, grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of this ordinance. The City Council shall not, however, grant variances from certain provisions of this chapter as specifically prohibited by M.S. § 462.358, subd. 3B. 2. Replace Term "Bulk" with "Building Massing." The following section uses the term "bulk" which is a term seldom used today. "Bulk" should be replaced with "building massing" or "building coverage." , . . . . . . . § 153.26 EFFECTIVE PERIOD OF PRELIMINARY PLAT; ZONING REGULATIONS. (B) Zoning regulations. (1) Every plat shall conform to existing zoning regulations, the official map and the subdivision regulations, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the above-referenced regulations as to buIk or use, provided that final approval is obtained within the two-year period. 3. Recorded Plats not Meeting Dimensional Requirements. This section deals with instances where lots in a recorded plat fail to meet the dimensional requirements of the zoning code. This section needs to be edited to clarify the procedure for findings of non-compliance. § 153.32 COUNCIL VOTE; PLAT APPROVAL WITHOUT VARIANCE. (A) City Council vote. All actions related to this chapter, including amendments, variances, waivers and plat approvals, shall require a majority vote of the members of the City Council present at a duly constituted City Council meeting. (`81 Code, § B1-24) (B) Plat approved without variances. Where a plat has been approved by the city and recorded with Dakota County which contains a lot or lots which do not meet the minimum required dimensions as stated in this chapter or in the city's zoning chapter, the lots shall have the following status: (1) The lot(s) shall be considered conforming lots and be entitled to all rights normally expected with a conforming lot under the circumstances of subsections (3) and (4) below. (2) The lot(s) shall not be entitled to any special consideration for other variances and no other dimensional variances other than those existing on the plat shall be automatically accrued. ( The provisions of this section shall not be used in place of the planned development or residential cluster provision, as detailed in § 153.26(B); rather it is only intended to clarify. (4) Where the subdivider obviously intended to deceive the city as determined by the City Council by showing wrong dimensions on a plat or other subversive means, the lots shall be considered nonconforming and shall not be entitled to a building permit. (`81 Code, § B1-25) (Ord. 293, passed 4-21-83) 4. Waiving Public Hearing for "Minor Subdivisions." This provision of the Subdivision Code is inconsistent with State law. All subdivisions require a public hearing, so this section would be removed from the Code. § 153.35 MINOR SUBDIVISIONS. When a subdivision results in three or less buildable lots, situated in an area where public utilities and street rights-of-way to serve the proposed lots already exist in accordance with city codes, and no further utility or street extensions are necessary, the subdivider may be exempt from the public hearing requirements of this code. All other provisions of this code shall apply to this section including, but not limited to, requirements for preliminary and final plats and required dedications. A certificate of survey may also be required on any proposed lot with existing buildings in order to determine the placement of the building on the proposed lot. ('81 Code, § B1-29) (Ord. 293, passed 4-21-83; Am. Ord. 452, passed 7-13-89) 5. Term "Preliminary Plat" Not Synonymous with "Subdivision." Throughout this section, the term "Preliminary Plat" is the term used to describe when a public hearing is required. According to State law, a public hearing is required for a subdivision. A preliminary plat is a drawing that depicts the subdivision. This section would be revised to correct the terminology. § 153.78 PLATS; AMENDMENTS. (A) The procedures for filing petitions and holding hearings required for preliminary plats and final plats shall be as described in this section and §§ 153.20(B), 153.21, 153.22(A), 153.23(A) and 153,24(A). (C) Initiation. Proceedings for a petition or an amendment under this chapter shall be initiated by: (1) A petition of the owner for a preliminary r , final plat, waiver or variance; (D) Petitions. All petitions for preliminary plats which are initiated by the owner or owners of the property shall be filed with the City Clerk and the application shall be accompanied by an abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the Planning Commission by the City Administrator. (E) Public hearing, notice and procedure. The Planning Commission shall hold at least one public hearing on a preliminary plat affording the parties interested the opportunity to be heard and shall give not less than a ten-day notice of time and place of the hearing, published in the designated legal newspaper of the city. The notice shall also include the description of the land and a summary of the proposed subdivision. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be subdivided. Failure to give mail notice to individual property owners or defects in the notice shall not invalidate the proceeding, provided a bona fide attempt to comply with this section has been made. (`81 Code, § B1-51) (Ord. 293, passed 4-21-83) Subdivision Ordinance Amendments Apple Valley Planning Commission Meeting March 19, 2014 Apple„ Requested Actions Set public hearing to consider various amendments to Subdivision Chapter of City Code. Goals: Remove duplicate /overlapping procedures. Update obsolete terms. Modify as necessary to make consistent with State Law. Apple„ Proposed Amendments 1. Council Waiver Duplicates Variance Procedure 2. Replace Term "Bulk" 3. Recorded Plats Not Meeting Dimensional Requirements 4. Waiving Public Hearings for "Minor Subdivisions" iTerm "Preliminary Plat" not Same as "Subdivision" 1. Council Waiver § 153.03 COUNCIL WAIVER; COMPLIANCE. The City Council, after a review by the Planning Commission, may waive compliance with any of the provisions of this chapter, except where prohibited by M.S. § 462.358, subd. 3B. The granting of a waiver shall require the adoption of a resolution specifying which provisions have been waived in either of the following cases:.. . Apple„ Variance Procedure § 153.77 VARIANCES AND WAIVERS. (A) Purpose. The City Council may, after review and recommendation by the Board of Appeals and Adjustments, grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of this ordinance. .. . Use of Term "Bulk" § 153.26 EFFECTIVE PERIOD OF PRELIMINARY PLAT; ZONING REGULATIONS. B) Zoning regulations. (1) Every plat shall conform to existing zoning regulations, the official map and the subdivision regulations, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the above - referenced regulations as to bulk or use, provided that final approval is obtained within the two -year period. Definition of "Bulk" Bulk Requirements: "Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements." Source: The New Illustrated Book of Development Definitions, Moskowitz and Lindbloom, 1993. Apple„ 3. Plats w /Dimensional Issues Discovered After Recording § 153.32 COUNCIL VOTE; PLAT APPROVAL WITHOUT VARIANCE. (B) Plat approved without variances. Where a plat has been approved by the city and recorded with Dakota County which contains a lot or lots which do not meet the minimum required dimensions as stated in this chapter or in the city's zoning chapter, the lots shall have the following status: (1) The lot(s) shall be considered conforming lots and be entitled to all rights normally expected with a conforming lot under the circumstances of subsections (3) and (4) below. Apple„ 3. Plats w /Dimensional Issues Cont'd (2) The lot(s) shall not be entitled to any special consideration for other variances and no other dimensional variances . . . (3) The provisions of this section shall not be used in place of the planned development or residential cluster provision . . . (4) Where the subdivider obviously intended to deceive the city as determined by the City Council by showing wrong dimensions on a plat or other subversive means, the lots shall be considered nonconforming and shall not be entitled to a building permit. Apple„ 4. Minor Subdivisions § 153.35 MINOR SUBDIVISIONS. When a subdivision results in three or less buildable lots, situated in an area where public utilities and street rights -of -way to serve the proposed lots already exist in accordance with city codes, and no further utility or street extensions are necessary, the subdivider may be exempt from the public hearing requirements of this Code. All other provisions of this code shall apply... Apple„ 5. Preliminary Plat and Subdivision Not Synonymous § 153.78 PLATS; AMENDMENTS. (A) The procedures for filing petitions and holding hearings required for preliminary plats and final plats shall be as described in this section and §§ 153.20(6), 153.21, 153.22(A), 153.23(A) and 153.24(A). (D) Petitions. All petitions for preliminary plats which are initiated by the owner or owners of the property shall be filed with the City Clerk and the application shall be accompanied by . . . (E) Public hearing, notice and procedure. The Planning Commission shall hold at least one public hearing on a preliminary plat affording the parties interested the opportunity to be heard. . . Apple„ Recommendation Staff recommends the following motion: Adopt the draft resolution setting a public hearing to consider various amendments to the subdivision ordinance. Questions? Apple„ City of App Valley ITEM DESCRIPTION: 2013 Annual Report Presentation STAFF CONTACT: Thomas Lovelace, City Planner Action Requested No action — Receive Annual Report Summary Attached for your receipt is a copy of the Community Development Department's annual report, which includes the accomplishments for 2013 and the outlook for 2014. The report provides a summary of activities during the year and a forecast of potential projects/goals in 2014. At the end of each paragraph or section is a reference identifying a key number, which corresponds with the eleven qualities and characteristics listed in the vision chapter of the 2030 Comprehensive Plan. These keys provide guiding principles for staff and appointed and elected officials when reviewing policies, ordinances, and projects. They are included in the report to signify how each accomplishment or forecast supports the comprehensive guide plan, which is the tool for guiding the growth, development, and improvement of Apple Valley. Background ITEM: PLANNING COMMISSION MEETING DATE: SECTION: DEPARTM ENT/DIVISION: Community Development 8A March 19, 2014 Other Business City ordinance requires that each commission or board submit to the City Council a report of its work during the preceding year. This report fulfills this statutory requirement by summarizing the Community Development Department's activities, which includes a significant amount of work with the Planning Commission, Economic Development Authority, and Urban Affairs Committee. Budget Impact N/A Attachment(s) 1. Annual Report APPLE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT 2013 ANNUAL REPORT APPLE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT The Community Development Department is responsible for short and long-term community and project based planning, the planning and zoning review process, code compliance, and economic development. The 2013 Annual Report outlines the department's accomplishments during the preceding year and offers an outlook for 2014. 2013 ACCOMPLISHMENTS Economic Development In 2013, the Apple Valley Economic Development Authority authorized the use of funds to support economic development in the city. They included: Tax Increment Financing Legislation: Staff along with personnel from other departments, and representatives of Fischer Sand and Aggregate was able to secure mining and reclamation tax increment financing (TIF) legislation from the State Legislature. This will allow for value created in the mining area to be used to fund a portion of the costs of infrastructure such as roads, utilities and ponding. Staff was also able to get approval of a "Jobs Bill TIF" legislation that will allow for job creation to be a qualifying reason for use of the tool Open to Business Program: The City entered into Joint Powers Agreement with the Dakota County Community Development Agency (CDA) and various participating Dakota County communities to implement the "Open to Business" program in Dakota County. The "Open to Business" program provides an on-site business services specialist who is available for one-on- one consultations, provides expertise in start-up financing and business plan development, as well as funding opportunities. The CDA administers the program and funded half of MCCDs' $130,000 fee with participating cities funding the other half of the fee. Apple Valley's cost to participate in this program was $7,500. In addition to Apple Valley, the participating communities include Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Rosemount, South St. Paul, West St. Paul, and small cities and townships in the County. Parkside Village Development Assistance — The City and the EDA approved the establishment of TIF District 15, a Development Assistance Agreement and a Business Subsidy Agreement to help facilitate the development of a 322-unit market rate apartment complex on the northeast corner of Galaxie Avenue and 153 Street West. The property owner, IMH of Arizona, and housing developer Titan Investments of Denver, Colorado, will use the development assistance to help address outstanding special assessments and create a development that is consistent with the City's Central Village vision of a compact, walkable, and vibrant development. Minnesota Investment Fund — A preliminary application was submitted to DEED for Stream Global for $1 million at Apple Valley Business Campus site. 2013 Annual Report Livable Communities Demonstration Account — The City was awarded an $866,000 Met Council grant in 2012 for Commons 11 building improvements that did not occur. Staff worked with the Met Council in 2013 with amending grant for development in the Central Village West area. The department had representatives attend the following economic development events: • EDAM winter conference • Greater MSP events • St. Thomas School of Business event • Minnesota Real Estate Journal events: Land Development Conference, Industrial & Economic Development Conference, Office Conference 2013 Annual Report Land Use Actions Requested in 2013 Comprehensive Plan Amendments 4 Zoning Ordinance Amendments/Rezonings 13 Conditional Use Permits 6 Subdivision/Preliminary Plats/Final Plats 9 Site Plan Reviews/Building Permit Authorizations 4 Vacations 4 Variances 5 Environmental Reviews 0 Interim Use Permits 0 Miscellaneous 10 TOTAL 55 Key 3 - Business Oriented Land Use Development Projects For 2013, there were a total of 45 land use development applications, an increase of three applications from 2012. Land use development applications may consist of multiple actions that must be reviewed and analyzed by staff, then presented to the Planning Commission and City Council for their consideration and action. The following provides details of the various land use actions that were considered as part of these applications. In comparison to 53 actions in 2012, the volume is comparable and steady at 55 actions. Key 11 - Service Commercial Projects Crooked Pint Ale House: Construction of a 5,448-sq. ft. restaurant, 1,640-sq. ft. outdoor patio/bocce ball court and 64 surface parking spaces on a .88-acre lot, located at 15662 Pilot Knob Road in the Cobblestone Lake Commercial development. Chick-fil-A Restaurant: Construction of a 4,559 sq. ft. Chick-fil-A restaurant, 38-space parking lot, and drive-thru lane on one acre lot located in the southeast corner of 153r Street West and Cedar Avenue. This was a reuse of an underutilized portion of Cub Foods parking lot. Cub Foods Multi-tenant Retail Building: This is another example of taking advantage of a seldom-used parking area for development. Construction was completed in the late fall of a 7,000 sq. ft. retail building on a 1.04-acre lot located on the south side of 153 Street West, east of Cedar Avenue. The new building will house a Sports Clips hair salon and Yogurt Labs, Which Wich, and Smash Burger restaurants. Kwik Trip: Kwik Trip, Inc. razed the existing 12,400 sq. ft. multi-tenant building, car wash bay, and fuel canopy located at 7501-7575 145th Street West, and constructed a new 7,643 sq. ft. single tenant commercial building that includes a convenience store and attached single stall car wash facility and fuel canopy. Dog Day Getaway: This existing Apple Valley business expanded its operation by receiving a conditional use permit that allowed them to move their operations to the Apple Valley Business Campus located at 6950 146 Street West. Appliance Smart Building Addition — Site plan/building permit authorization was approved to allow for a 6,364 sq. ft. restaurant addition to the Appliance Smart building located at 7370 153rd Street West. The existing building is also expected to be divided for a future fitness facility. Flagstaff Avenue Road Improvements Redevelopment Incentive Grant (RIG) — Staff submitted a funding application to the Dakota County Community Development Agency and was awarded $250,000 to help fund the construction of a roundabout in Flagstaff Avenue, south of County Road 42. The City will be required to provide a 2:1 match for this $750,000 project. The road improvements are associated with the proposed Menards relocation at the southeast corner of County Road 42 and Flagstaff Avenue, as well as future development in the Fischer Sand and Aggregate gravel mining area. In addition to the new development, several existing businesses or organizations made substantial building improvements and investments in 2013: • Menards acquired the Hanson Concrete site, stockpiled demolished building material for re-use, and marketed the site for development after demolition was completed. • Warners Stellian added about 10,000 sq. ft. to their existing 13,000-sq. ft. store. • Uponor added 16,700 sq. ft. of manufacturing space and 1,900 sq. ft. to their employee services area. • Perkins Restaurant did $85,000 worth of exterior and interior improvements to their restaurant at 7620 150 Street West. • Old Chicago, 14998 Glazier Avenue, spent over $150,000 updating the interior, installing new signage and expanding their bar set up. * Fiesta Mexican Cuisine remodeled the former Spoon restaurant site at 14781 Granada Avenue and opened in October. Key 3 - Business Oriented Industrial Projects Apple Valley Business Campus: In 2011, staff began working with Hebert and Associates on a 27-acre industrial development project located in the northeast corner of 147th Street West and Flagstaff Avenue. This work culminated with the master planning of the site and approval in 2012 of a four-building 218,241 sq. ft. industrial development. The first phase included the construction of two buildings totaling 104,501 sq. ft. The buildings are currently 100% occupied. 2013 Annual Report 4 The second phase was approved in 2013 that will allow for construction of an 83,000-sq. ft. building and parking area for a large single tenant. Construction is expected to begin early in the spring of 2014. Key 3 - Business Oriented, Key 4 - Employment Focused Residential Projects Cobblestone Lake South Shore 8 Addition Eight acres of property in the Cobblestone lake development was subdivided for 29 single-family lots. The property is located in the northwest corner of Cobblestone Lake Parkway South and Elm Creek Lane Apple Valley East Family 2nd Addition Development of a 14.5-acre parcel in the northeast corner of 155th Street West and Pilot Knob Road that will include 34 single-family lots on 9 acres, with the remaining 5.5 acres reserved for future commercial development Hunter Forrest — Review began in 2013 of a proposed development project that included a request for 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 development of 16 single-family residential lots, on 7.41 acres located at 12842, 12866 and 12896 Galaxie Avenue. The City Council will likely consider this proposal in early 2014. Quarry Ponds This is another residential development that began in 2013 and is expected consideration by the City Council in early 2014. This project is proposing to develop approximately 56 acres of cropland and active mining buffer area for up to 107 single-family lots. The site is located along the north side of 160 Street West, about I/2-mile west of Pilot Knob Road. Cortland Second Addition: Approval was granted to the second phase of D.R. Horton's 88-acre single-family development located southeast of Pilot Knob Road and County Road 42. The first phase consisted of 30 of the 178-lot single-family development, which was built out quickly. The Second addition has 27 single-family lots and one lot that will be used for a private community swimming pool and bathhouse for the residents of the development. Parkside Village: The City gave its final approvals that will allow for the construction of 322 apartment units in two buildings in Central Village. The 4-story Galante building will have 134 units and will be located at the northeast corner of 153 Street West and Galaxie Avenue, and the 198-unit Gabella building will be located along the north side of 152 Street West, between Galante Lane and Fontana Avenue. This project also included the acquisition of 2.5 acres of property that will be used for the expansion of Kelley Park. The City also allocated its share of Community Development Block Grant (CDBG) funding towards housing rehabilitation and maintenance programs. Six housing rehab loans totaling $141,557.88 were closed and the DARTS used $6,300 to assist 12 older homeowners with indoor and outdoor home maintenance in 2013. 2013 Annual Report Key 2 - Livable Institutional Projects ISD 196 ECFE/ECSE/ABE Building — The school district replatted the former district office property located at 14445 Diamond Path for the purpose of constructing a 52,000-sq. ft. building for early childhood family education, early childhood special education and adult basic education Key 10 - Learning Transit METRO Red Line Market and Development Study: Planning staff acted as corridor project co- manager with Dakota County and managed the consultant contract and Corridors of Opportunity grant. Dakota and Hennepin Counties and the cities of Bloomington, Eagan and Lakeville participated in the project with Apple Valley through the Project Management Team (PMT). Preparation of the study began in the fall of 2012 and focused on the METRO Red Line, and its impact on communities along the Cedar Avenue Bus Rapid Transit line. An open house and two work sessions were held in April 2013. The draft report was completed and presented to the Planning Commission at their September 4 meeting and the EDA on September 18. METRO Red Line Cedar Avenue Bus Rapid Transit (BRT) Project: Along with the completion of road improvements for the BRT project, construction of two new walk-up stations was completed in 2013. The 140 Street transit station consists of two 160-sq. ft. fully enclosed modular buildings that will primarily serve the surrounding residential neighborhood. The 147 Street transit station consists of two 410-sq. ft. fully enclosed buildings that will primarily serve the surrounding commercial and retail area. Staff supported officials or represented the City on various transportation related committees and boards. That included attending seven Corridors of Opportunity Board and five staff meetings, seven Transportation Advisory Board (TAB), four TAB Regional Solicitation Evaluation Steering Committees, and eleven MVTA Board meetings. Planning Studies Cedar Avenue Transitway Bus Rapid Transit Oriented Development Guide Plan and Zoning Ordinance — The Apple Valley BRTOD Guide Plan was completed in December 2012. The planning study, done by Hoisington Koegler Group, Inc., included a market study/demographic analysis, guide plans, land use controls, and design standards. It also provided a draft ordinance and design guidelines that the City can use to help ensure that development in the downtown consistent with the City's vision for promoting economic growth by creating a downtown that is a regional destination, vibrant and business-supportive with a variety of entertainment, retail, recreational and business opportunities. In 2013, the City was awarded a $15,000 Redevelopment Incentive Grant (RIG) from the Dakota County Community Development Agency which will need a $15,000 match from the City. The downtown development ordinance would allow for greater flexibility for mixed-use projects, while providing requirements for building height, development density and shared parking. Code Enforcement Quality Neighborhood Initiatives: The Code Enforcement staff is the eyes on the street, monitoring property maintenance and a wide range of conditions identified in City Ordinances as nuisances. Compliance activities range from general property maintenance concerns, notices of violation to property owners, follow-up on compliance, abatement of nuisance conditions when not addressed and court assisted compliance actions when necessary. One complaint may result in multiple actions. Staff also monitors abandoned properties, recommends water shutoff in vacant buildings and monitors waste hauling and storage practices, grass/weed 2013 Annual Report Key 2 - Livable, Key 8 - Accessible Key 1 - Sustainable, Key 4 - Employment Focused, Key 9 - Successful Downtown cutting, watering hours, tree removal contractor licensure and snow removal contractor compliance. Temporary signs, including campaign signs, are routinely removed from street right-of-ways while in the field. Every year there are incidents of significant property maintenance deferral and hoarding in homes. During 2012, two specific examples required a project management/case work approach to compliance. With the cooperation of the Apple Valley "Beyond the Yellow Ribbon" campaign, one veteran has addressed health and safety concerns. Progress also continues with another resident to be completed in 2013. In addition one specific case of deferred/abandoned remodeling has also been addressed with the assistance of court action. In 2013, Code Enforcement received a total of 4125 complaints via the web, phone calls, walk- ins and referrals. Below is a list of specific complaints and actions taken. The table below compares 2012 to 2013. Complaint 2012 2013 Snow/Grass 265 323 Property Maintenance 169 87 Vacant Property Inspections 96 655 Parking During Snow Removal 26 105 Signage(Includes signs picked up) 307 170 Outdoor Storage/Screening 197 161 Debris Accumulation 81 125 Vehicle/Trailer Parking 207 239 Shed/Pool/Fence 28 19 Garbage/Recycling Can Placement 411 487 Home Occupations/Animals 146 61 Nuisance/Noise/Etc. 43 74 Trees/Other 25 20 General Code Questions 1,597 1,536 Abatements 53 60 Citations Issued 0 3 Totals 3,651 4,125 Software Upgrades: In cooperation with Cartegraph, a specialized property inspection software company, a new system of report writing and record keeping began to be installed for Code Enforcement in late 2012 and continued to completion during the first half of 2013. 1 Vacant increase. New capabilities of cartegraph to track and schedule vacant inspections which was not done in a formal manner prior, and the goal of monitoring vacant property more regularly. 2 Snowbird increase. Did not participate in enforcement spring 2012. Snowy spring season of 2013. 3 Sign decrease. (2012 campaign year) Sign figures include private property sign violations and signs picked-up from right of way areas. 2013 Annual Report 7 Dangerous Dog Hearings: In 2013 there were 14 dog declarations which resulted in 7 dog hearings requested by the dog owners. Of those 14 dog declarations, 3 were declared dangerous dogs. The Community Development Director is the hearing officer. Permits Key 1 - Sustainable, Key 2 - Livable, Key 11 - Service Special Outdoor Promotion Permits: In 2013, a total of 85 Special Outdoor Promotion Permits were issued. Of those, 11 were both temporary signage and special promotion, 58 permits were for temporary signage only such as banners and balloons, and 27 permits were for special outdoor promotions including sidewalk sales, car wash events, hot dog sales, etc. Parking and Sign Permits: The Community Development Department also issued four (4) annual parking permits and 63 permanent sign permits. Key 11 — Service 2013 Annual Report 8 The 2014 priorities include: 3 2013 Annual Report 2014 OUTLOOK In 2014, the Community Development Department continues the focus on planning, economic development and neighborhood code compliance. 1) Facilitate planning and development in established and emerging commercial, industrial, mixed use and residential guided and zoned areas: a) Pursue Central Village West Commercial development. b) Facilitate to initiate the approved Parkside Village Apartments adjacent to Kelley Park. c) Process the next phase of development at the Apple Valley Business Campus. d) Sustain and retain higher education progress at the Partnership Building 14200 Cedar Avenue while creating a long-range plan for continued higher education programs in Apple Valley. e) Attract mixed use and health services users to transit station/stop areas. f) Introduce potential users to the considerable vacant land available for commercial/industrial development. g) Process housing subdivisions as introduced. Key 1 — Sustainable, Key 2 — Livable, Key 3 - Business Oriented Key 4 - Employment Focused, Key 8 — Accessible, Key 9 - Successful Downtown 2) Guide Economic Development Authority priorities: a) Continue as a member of Greater MSP, the regional economic development organization that attracts national and global development opportunity. b) Participate in the small business development and support program "Open to Business". c) Fund planning for economic development opportunity in the Mixed Business Campus and Downtown; both regulatory and design aspects. d) Evaluate and participate with new partners that assist in attracting job producing light manufacturing, business, finance and health services sectors. e) Process applications for business assistance using tax increment and other tools provided by statute. Key 3 - Business Oriented, Key 4 - Employment Focused, Key 9 — Successful Downtown, Key 11 — Service Continue marketing and communication strategies consistent with being recognized as the 17th Best Place to Live in the United States: a) Update themes and outreach efforts to multiple markets. 4 \ ' b) Participate in relevant professional and[eerassociationmandorgenizations. c) Respond to development opportunity in all forms and manner it is introduced; particularly those that facilitate redevelopment of dated commercial areas. d) Compete in the positive aspects of competition between cities and regions; the pursuit of grants that support preferred development opportunity. e) Routinely update the City Council and EDA on planning and development activity. Key 1 — Sustainable, Key 2 — Livable, Key 4 - Employment Focused, Key YY-Service Review and process land use applications and ordinance modifications by a) Completing a Mixed Business Campus Ordinance. b) Completing a Downtown Business Ordinance. c) Completing the updated regulation of animais. d) Preparing a context sensitive design ordinance for rezoning and further subdividing large lot residential areas. e) Modifying ordinances that assist in the retention and expansion of businesses. f) Monitoring the development of a "Thrive 2040" Regional Plan to match local needs and priorities. Key 1 — Sustainable, Key 2 — Livable, Key 3 - Business Oriented 5) Monitor the condition of commercial and residential property and seek voluntary property maintenance compliance: a) Respond to complaints, i ate and pursue compliance. b) Evaluate adjacent properties for similar concerns and seek compliance. c) Educate residents in aspects of the property maintenance ordinance and programs that may assist their property maintenance and repair. d) Pursue further legal action with repeat offenders and determine case-by-case responses for difficult livability issues. Key 1 — Sustainable, Key 2 — Livable, Key 5 - Safe, Key 11 - Service 2013 Annual Report 10 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT APPLE VALLEY PLANNING COMMISSION PRESENTATION MARCH 19, 2014 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT ECONOMIC DEVELOPMENT • Tax Increment Financing Legislation: Secured mining and reclamation tax increment financing (TIF) legislation to allow for value created in the mining area to be used to fund a portion of the costs of infrastructure such as roads, utilities and ponding. • Jobs Bill TIF: Approval of state legislation that will allow for job creation to be a qualifying reason for use of the tool. • Open to Business Program: The City entered into Joint Powers Agreement with the Dakota County Community Development Agency (CDA) and various participating Dakota County communities to implement the "Open to Business" program in Dakota County. • Parkside Village Development Assistance: Established TIF District 15, a Development Assistance Agreement and a Business Subsidy Agreement to help facilitate the development of a 322 -unit market rate apartment complex on the northeast corner of Galaxie Avenue and 153 Street West. • Minnesota Investment Fund: Submitted a preliminary application to DEED for Stream Global for $1 million at Apple Valley Business Campus site. • Livable Communities Demonstration Account: Staff worked with the Met Council with amending an $866,000 Met Council grant in 2012 for Commons 11 building improvements that did not occur for development in the Central Village West area. COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT L LAND USE ACTIONS , � 2013 L Comprehensive Plan Amendments 4 Zoning Ordinance Amendments /Rezonings 13 Conditional Use Permits L 6 Subdivisions 9 Site Plan /Building Permit Reviews 4 i Ir Vacations 4 Variances Environmental Reviews r Interim Use Permits — Miscellaneous TOTAL 5 0 0 10 55 2012 1 3 8 7 1 0 3 10 5� COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT CROOKED PINT RESTAURANT BLOCK TO iG TARGET STOR DARK BLOC • MA TRIM BLO EXISTING MALL CROOKED PINT APPLE VALLEY, MN IM 4 1 1 1 L .44 11.11111.1.11: 1:11.111111 1111111r8t"'•'D2CL727'.."-rE:7. 00 4111 di !RUPP' I I 1111%4 PAINTED LOGO - AGED PATINA CABRIO ROOF r i l e l .... PAN 1 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Chick -fil -A RESTAURANT Left Side Elevation 3/32 - , °-or e..nl c++, . .A N. t F ats Adams; Calor and , MIL Paul, la% 35 M1a 1A,, YNFSU r C.VT.E COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT CUB FOODS MULTI-TENANT BUILDING 4aA4444.4 LE Fe BOW Pa lierS111 osermeTkom COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT 145th Street Kwik Trip tr, 11111111111111 LZi 1,A JhI MM." •ii III Al ilia. 111111. .M.Viomm 1111111'W111111111LEILII ELI IP I P ill! r W-PT.LW9PF.....r.V. =X ifflteartiNVErS.131.1.111.1 611111,9A1 11.4.1 , 111 in immium MIL AM _ _ a a a aLA MON ..tri .1.11 A200 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT APPLIANCE SMART ADDITION E ARCHITECTS - : r. fwq r.. srb rs a�w�c wewr�a►an SHEET Al Mile 11A71 1'13 0 a e 11 cl,wii aKK W s UHF: itimiin IInuan! .-. • ewP i NORTH ELEVATION IMAGE PROP SC©BUlLOING Ex?AMS1ON 7110 153rd SU.. Weal 404 'Vary . MN C ROOTWASSINK REALTY r � ppValle COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT FLAGSTAFF AVENUE ROAD IMPROVEMENTS RIG COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Substantial building improvements and investments in 2013 included: • Dog Day Getaway moved their operations to the Apple Valley Business Campus and expanded its operation • Menards acquisition of the Hanson Concrete site for development after demolition was completed. • Warners Stellian expansion adding about 10,000 sq. ft. to their existing 13,000 -sq. ft. store. • Uponor added 16,700 sq. ft. of manufacturing space and 1,900 sq. ft. to their employee services area. • Perkins Restaurant did $85,000 worth of exterior and interior improvements to their restaurant at 7620 150th Street West. • Old Chicago restaurant spent over $150,000 updating the interior, installing new signage and expanding their bar set up. • Fiesta Mexican Cuisine remodeled the former Spoon restaurant site at 14781 Granada Avenue and opened in October. COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Apple Valley Business Campus Y 147th Street st 0 106 '107 108 109 110 111 112 1 113 1111111111M 111.91 1111 111111111111111 fI111111I1f1111 104 1111111111k111111'111 11111 101 102 103 � 1 14608 Felton Ct. 104 105 I 106 107 108 109 110 IITITUTMH II! "I ilmiuinTrmInuffiTmTurmirmuiffi MILLI 1111111111111111111111111 1111111111I11111p1111 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Cobblestone Lake South Shore 8th Addition 144.404 Pike 010 411101 • LW IL 10 1.14111041 wt.* 041.10 40, 0. gm* 4a. 044 Kn. WWI 0014 10 1.103 Wartar -'4.141VALM. , ti„ 7 — — 7 / . . , I ,-.; i ?:2 • I - i , \ 1 ' 1 ' 1 ; / --- i– —, ,---- 1 1 a „4..:, sp-aal..z.s7c,...: UtlitiLE4 (AZ 1 tZ,'.7:7Z r n. : i 1 — I L7,5 — N. > *,.. .i.,,,,,...:„,,,,,Vi .--- --r- --1 1::::,ire,L.---‘,..;., . —., ,... R. 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NW 01, 11. 13 6 tr Min 11 I . 1111 •vez' — nior00.07. 4 , CORTLAND SECOND ADDITION VJCINITV MAP 11Well.144.001., Ta •••• A..61 Of tinwie, • 4•••■ trzzr.tr.„7,..7 Sc. Nal • . ISO ALL/ANT App ppl. k Valley COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT PARKSIDE VILLAGE MASTER PLAN COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT ISD 196 ECFE /ECSE /ABE Building architects engineers LAND S. APING PLAN 4_ CITY SUBMITTAL 09/13!2013 L1.1 COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Transit Projects • METRO Red Line Market and Development Study: Planning staff acted as corridor project co- manager with Dakota County and managed the consultant contract and Corridors of Opportunity grant. The study focused on the METRO Red Line and its impact on communities along the Cedar Avenue Bus Rapid Transit line. • METRO Red Line Cedar Avenue Bus Rapid Transit (BRT) Project: Completion of road improvements for the BRT project, construction of two new walk -up stations at 140t" Street and 147t" Street West. • Cedar Avenue Transitway Bus Rapid Transit Oriented Development Guide Plan and Zoning Ordinance: The planning study, done by Hoisington Koegler Group, Inc., included a market study, demographic analysis, guide plans, land use controls, and design standards. • Staff supported officials or represented the City on the Corridors of Opportunity Board, Transportation Advisory Board (TAB), TAB Regional Solicitation Evaluation Steering Committee, and MVTA Board. Apple 'Valley COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT Code Enforcement • In 2013, Code Enforcement received a total of 4,125 complaints via the web, phone calls, walk -ins and referrals. That was up from 3,651 complaints in 2012. • Anew system of report writing and record keeping began to be installed for Code Enforcement in late 2012 and continued to completion during the first half of 2013. COMMUNITY DEVELOPMENT 2013 ANNUAL REPORT 2014 Outlook • Facilitate planning and development in established and emerging commercial, industrial, mixed use and residential guided and zoned areas. • Guide Economic Development Authority priorities. • Continue marketing and communication strategies consistent with being recognized as the 17th Best Place to Live in the United States. • Review and process land use applications and ordinance modifications. • Monitor the condition of commercial and residential property and seek voluntary property maintenance compliance