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08/06/2014
Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 AUGUST 6, 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 JUNE 18, 2014 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Palomino Hills Rezoning – Public hearing to consider rezoning from “R-2” (Single family, 18,000 sq. ft. min. lot) to “R-3” (Single family, 11,000 sq. ft. min. lot) and setback variances to allow a tax identification split of two lots of record for construction of a single family home. (PC14-23-V) LOCATION: 403 Cimarron Road PETITIONER: Micasa, LLC B. Augustana Health Care Center – Public hearing to consider an interim use permit for a 24- (PC14-28-I) space parking lot on 6-acre lot. LOCATION: Northeast corner of 147th Street West and Garrett Avenue PETITIONER: Augustana Health Care Center of Apple Valley 6. LAND USE/ACTION ITEMS A. Cobblestone Lake Office/Retail Building – Consider site plan/building permit authorization (PC14-25-B) to allow for a 9,007 sq. ft. office/retail building on a .95-acre lot. LOCATION: 15675 Cobblestone Lake Parkway PETITIONER: Bear Cobblestone 2, LLC 7. OTHER BUSINESS A. Dunn Brothers Drive-Thru Sketch Plan - Review of proposed subdivision by preliminary plat, conditional use permit, and site plan review/building permit authorization for construction of a 2,000 sq. ft. coffee shop with drive-thru at East Valley Plaza, 14050 Pilot Knob Road, by Christianson and Company Commercial Real Estate Services, LLC. B. Buller Sketch Plan - Review of proposed subdivision of Buller and Houston properties to create four single family lots with two shared private driveways, located northwest of the intersection of Diamond Path and Evermoor Parkway. C. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, August 20, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, July 23, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, August 11, 2014 Wednesday, September 3, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, August 6, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, August 25, 2014 NEXT CITY COUNCIL MEETINGS Thursday, August 14, 2014 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, August 28, 2014 Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER 2. APPROVAL OF AGENDA CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 18, 2014 The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Paul Scanlan, and David Schindler. Members Absent: Tom Melander, Keith Diekmann and Brian Wasserman. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. Vice-Chair Burke 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 - 4 - Nays - 0. 3. APPROVAL OF MINUTES JUNE 4, 2014. Vice-Chair Burke asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of June 4, 2014. Ayes - 4 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. Caribou Coffee Drive-Thru Project — Consideration of amendments to Planned Development No. 290, Zone 4, to allow drive-thru in connection with Class III Restaurant. (PC14-17-ZCB) LOCATION: 14638 Cedar Avenue CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 2 of 5 PETITIONER: Caribou Coffee Company Planner Kathy Bodmer stated Caribou Coffee is located in the Cedar Marketplace development at 14638 Cedar Avenue. The property is zoned PD-290, Zone 4, which prohibits a drive-thru in connection with a restaurant facility. Caribou is requesting an amendment to the PD zoning district to allow a drive-thru in connection with a Class III Restaurant (Neighborhood Coffee House, Sandwich Counter, Ice Cream Shop, Delicatessen, etc.). Two key issues related to this request are potential impacts to the Glazier Townhomes immediately to the north and the reduction of parking resulting in a parking deficiency for the shopping center. She reviewed the drive-thru lane design, proximity to the Glazier Townhomes, noise study, hours of operation and loss of parking. A 10 tall masonry wall is proposed to be constructed along the north property line to provide screening between the drive-thru and the townhomes to the north. The masonry wall and an extensive landscape planting area would be installed to help absorb noise and block headlights. The interior of the restaurant would be remodeled to move the service counter from the east side of the restaurant to provide window service from the west side of the building. Discussion Followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin recommending approval of an amendment to Planned Development No. 290, Zone 4, to allow a drive-thru in connection with Class III Restaurant as a conditional use. The following conditions must be met in order to obtain a CUP for drive-thru in connection with a Class III Restaurant in PD-290, Zone 4: • Noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window shall not negatively impact surrounding residential and institutional uses. • The drive-thru lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site as determined by the City Traffic Engineer. • When a Class III restaurant is located less than 1,000 feet from a residential or institutional use, the City Council may restrict the hours of operation of a drive- thru window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. • If the installation of the drive-thru facilities result in the loss of parking spaces, then the resulting parking spaces available for the entire site shall meet the parking requirements set forth in this Chapter or the petitioner shall demonstrate that the resulting parking on the entire site can satisfactorily serve the current and any future uses in accordance with the zoning code provisions. Ayes - 4 - Nays - O. B. MVTA Bus Layover Facility — Consider zoning amendments to PD-507 to allow for a bus layover facility; subdivision by preliminary plat of a 10-acre lot into two (2) lots; interim use permit for 231-space parking lot; and site plan/building permit authorization for bus layover facility with approximately 600 sq. ft. building. (PC-14-15-ZSIB) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 3 of 5 LOCATION: 155th Street West and Cedar Ave PETITIONER: MVTA Planner Margaret Dykes stated the applicant has withdrawn the subdivision by preliminary plat of the 10-acre lot into two (2) lots at this time but is still requesting the following actions: • Approve amendments to Planned Development 507 to allow for a bus layover facility • Interim use permit for a 231-space temporary parking lot; and • Site plan review/building permit authorization for a bus layover facility with an approximately 600 sq. ft. building. The property is zoned "PD-507, Zones 7a and 7b". Zone 7a regulates the western 6 acres of the site, which is the location of the Apple Valley Transit Station (AVTS"). Zone 7a currently allows the transit station, the platform, and the parking ramp as permitted uses and the surface parking lot as a permitted accessory use. The subzone does not allow bus layover facilities. Zone 7b regulates the eastern 4 acres of the site, which is where the bus layover facility and temporary parking lot would be located. Zone 7b requires multi-story, mixed-use development that must include high-density apartments, and allows for commercial and transit as permitted uses. The mix of commercial, housing and transit uses is consistent with the Comprehensive Plan. A sidewalk connection would be needed from the transit site to the lots to the north. A sidewalk connection would extend the existing 6'-wide sidewalk that bisects the site north to south, turn east and connect with the ApplianceSmart site. This sidewalk configuration would remove about 14 parking spaces. A pedestrian connection easement in favor of the City should be dedicated on the plat. The easement must be of sufficient length, width, and change in elevation to design, construct and maintain the 6'-wide sidewalk extension. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan recommending approval to amend Planned Development 507, zone 7b to allow for bus layover facilities for the exclusive use of public transit providers as part of a mixed-use development. Ayes - 4 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler recommending approval of an Interim Use Permit for a 231-space overflow parking lot to be located on the eastern portion of the subject site, as shown on the plans received in City offices on June 18, 2014, subject to all applicable City codes and standards and the following conditions: a. The property owner shall dedicate a sidewalk easement in perpetuity in favor of the City in a configuration determined by the City to connect the subject property to the property to the north. The easement documents shall be prepared by the City Attorney. A 6'-wide sidewalk shall be installed when funding is identified or the subject property is redeveloped for a mixed-use project, whichever is sooner. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 4 of 5 b. The parking lot shall be constructed to meet City standards including concrete curb and gutter, impervious surface, and striping. c. The interim use permit shall expire on December 31, 2021. Ayes -4- Nays -0. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler recommending approval of site plan/building permit authorization for a bus layover facility and approximately 600 sq. ft. building as shown on the plans received in City offices on May 7, 2014, subject to compliance with all applicable City codes and standards, and the following conditions: a. The MVTA shall terminate the lease for the Gaslight Drive transit facility and vacate the property upon issuance of the Certificate of Occupancy for the proposed building. b. The property owner shall repair the block retaining wall located on the north end of the subject lot to comply with City standards. c. The property owner shall address the comments raised by the City Engineer in his memo dated May 28, 2014. d. The property owner shall address the comments raised by the Fire Marshal in his memo dated May 13, 2014. e. The property owner shall address the comments raised by the Natural Resources Coordinator in his memo dated May 23, 2014. f. The property owner shall address the comments raised by the Crime Prevention Specialist in her memo dated May 22, 2014. Ayes - 4 Nays - 0. C. Amendment to Chapter 154 (Sign Regulations) - Consider amendments to Chapter 154 (Sign Regulations) to amend Appendix C. (PC14-20-0) LOCATION: City Wide PETITIONER: City of Apple Valley Planner Margaret Dykes reported as staff was completing recent amendments to the City's Sign Code, the City Attorney advised that amendments should also be done for Institutional Signs. Institutional uses are limited in the amount of signage that is allowed on a particular site, and the allowable signage for these uses is significantly less than commercial uses. The limited amount of signage has proven problematic in the past because Institutional uses are generally on larger lots and may have several buildings on the site. The City Attorney advised that the Code must be content neutral. Signs cannot be regulated based solely on the content of the sign or on the user. It is the sign that must be regulated, not who has the sign or what the sign "advertises". The Code allows properties zoned for Institutional uses to have one (1) 40 sq. ft. ground sign and one (1) 40 sq. ft. building sign. Institutional uses include churches, libraries, parks, government buildings, courthouses, schools, and similar public or quasi-public uses. It is staffs opinion that CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 5 of 5 one 40 sq. ft. building sign may not be adequate for the size of these buildings, and one 40 sq. ft. ground sign may not be adequate for the use. Institutional uses are generally larger and staff believes they should be allowed the same amount of signage as those uses located in Neighborhood Commercial, General Business, Retail Business, Industrial, and Business Park districts. These districts are allowed up to 500 sq. ft. of building sign, but the method of calculating the signage is based currently on the retail floor area. Staff believes that increasing the size of the signs allowed for Institutional districts is needed, but the method of calculating the signs should be based on the total floor area. Also, no Institutional use should be allowed only a total of 500 sq. ft. of building signage per site. This would allow multiple buildings on an Institutional site to have signage, provided the total signage for the site did not exceed 500 sq. ft. Discussion followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin recommending approval of the draft ordinance amending Chapter 154 of the Code of Ordinances (Signs). Ayes - 4 - Nays - 0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, July 16, 2014, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice-Chair Burke asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin to adjourn the meeting at 7:37 p.m. Ayes - 4 - Nays - 0. Respectfully Submitted, Murphy, Planning Jo epart t Assistant Approved by the Apple Valley Planning Commission on City of App Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: August 6, 2014 Public Hearing Item PROJECT NAME: Palomino Hills Rezoning and Variances PROJECT DESCRIPTION Request for rezoning from "R-2" (Single family residential, 18,000 sq. ft. min. lot) to "R-3" (Single family residential, 11,000 sq. ft. min. lot) and variances reducing the front yard setback on Lot 1 from 30' to 10' and front yard setback on Lot 2 from 30' to 20', for the property located at 403 Cimarron Road. STAFF CONTACT: Kathy Bodmer, Planner APPLICANT: Micasa, LLC APPLICATION DATE: June 18, 2014 60 DAYS: August 17, 2014 DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: PC14-23-ZV 120 DAYS: September 29, 2014 Proposed Action • Open the public hearing, receive comments, close the public hearing. It is the policy of the Planning Commission to not take action on an item on the night of its public hearing. Project Summary/Issues Micasa, LLC, requests consideration of a proposed rezoning from "R-2" (Single family residential, 18,000 sq. ft. min. lot) to "R-3" (Single family residential, 11,000 sq. ft. min. lot) and variances reducing the front yard setbacks, for the property located at 403 Cimarron Road. The subject property is comprised of two platted lots of record, Lots 1 and 2, Block 2 PALOMINO HILLS, which are assigned a single tax identification number. The home was constructed on Lot 1, the northern lot, in 1960 according to Dakota County records. The property owner wishes to sell the vacant lot, Lot 2, for construction of a new single family home. In order to do that, it is necessary for the County to assign separate tax identification numbers for each of the lots. The County requires City Council review and approval of requests for separation of tax identification parcels. The property is zoned "R-2" (Single family, min. lot 18,000 sq. ft.), but the two lots, as shown on the survey, do not meet the minimum lot area requirements of the zoning district. According to the survey, Lot 1 is 15,302 sq. ft. and Lot 2 is 15,098 sq. ft. At staff's request, the City Attorney reviewed the request for the tax split and opined that because the tax split would create two lots not meeting the R-2 minimum lot area requirements, the tax split should not be approved under the current zoning designation. As a result, the property owner proposes to rezone the parcels to "R-3" (Single family, 11,000 sq. ft. min. lot) in order to move forward with the tax identification split of the property. When staff reviewed the size of the lots surrounding the subject parcels, fourteen other lots were found to not meet the minimum lot area requirement of the R-2 zoning district. This appears to be because the zoning district designation with a minimum lot area of 18,000 sq. ft. occurred after the platting of the Lebanon Hills First Addition and Palomino Hills subdivisions. A map has been prepared showing the lot area of lots near the subject parcels. The Palomino Hills subdivision was approved by the Lebanon Township Board of Supervisors on November 11, 1958. It wasn't until 1965, Ordinance #22, that residential zoning districts with minimum lot sizes were established. The earliest zoning map on file is from February 1968 and it shows the Palomino Hills area was zoned "R-1B" which was a single family residential designation with a minimum lot size of 18,000 sq. ft. The petitioner requests two variances for the project. The first would reduce the front yard setback from 30' to 10' for the existing house on Lot 1. The survey indicates the home is located 10.9' from the right-of-way line. However, the boulevard is larger than is typically found in residential developments, ranging from 18' to 38', so that the location of the home appears to be consistent with the rest of the neighborhood. The second variance is for construction of the new home on Lot 2. The petitioner requests a variance reducing the front setback from 30' to 20' to shift the house away from the infiltration ponding area on the east side (rear) of the lot. Severe slopes exist along the east side of the lot, so a variance would help to minimize impacts to the ponding area. Construction of a new home will result in additional stormwater run-off into the infiltration ponding area in the rear (east side) of these two lots. Thus, staff recommends that dedication of drainage and ponding easements for infiltration and ponding be a condition of approval of this project. The drainage and ponding easement should be dedicated up to an elevation of 1019' as shown in the attached easement drawing prepared by Probe Engineering. Budget Impact N/A Attachment(s) Attachments: 1. Petitioner Letter 2. Location Map 3. Zoning Map 4. Survey 5. Site Plan, Lot 2 6. Elevation, Lot 2 7. Floor Plan, Lot 2 8. Oblique Aerial 9. Google Street View Existing Home, Lot 1 10. Lots < 18,000 Sq. Ft. 11. Palomino Hills Plat 12. Drainage and Ponding Easement 13. Resident Correspondence Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Development Project Review 403 Cimarron Road Lots 1 and 2, Block 2, Palomino Hills LD — Low Density Residential, 2-6 units/acre R-2 — Single Family, 18,000 sq. ft. minimum lot Platted lots Palomino Hills Rezoning Single family residential Lot 1: 15,302 sq. ft. Lot 2: 15,098 sq. ft. Total: 30,400 sq. ft. Severe slopes to the east in the rear yard down to a drainage pond. Lot 1 is landscaped consistent with urban lot development. Lot 2 is vacant and heavily wooded. Jeff Kehrer performed a cursory windshield survey of Lot 2, Block 2 and estimates approximately 15 to 20 significant trees are located on the lot with approximately 50% of them oak trees. In addition, Jeff identified large cottonwood trees. Removed trees would need to be mitigated as required in the City's Natural Resources Management Ordinance. NA NORTH SOUTH EAST WEST PROJECT REVIEW Lots 5, 6, and 7, Block 1 and Outlot A LEBANON HILLS FIRST A DN Comprehensive Plan Zoning/Land Use Lot 3, Block 2 PALOMINO HILLS Comprehensive Plan Zoning/Land Use Lot 3, Block 3 PALOMINO HILLS (City-owned parcel for storm sewer) and Lot 1, Block 1 PALOMINO EAST Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use Lot 1, Block 1 PALOMINO HILLS Comprehensive Plan Zoning/Land Use LD-Low Density Residential (0-6 units/acre) LD-Low Density Residential (0-6 units/acre) LD-Low Density Residential (0-6 units/acre R-2 Single Family 18,000 s.f. R-2 Single Family 18,000 s.f. (Lot 5 - 10,070 sf and Lots 6 & 7 - 15,785 sf) R-2 Single Family 18,000 s.f. (Lot area 12,735 sf) R-2 Single Family 18,000 s.f. & M-2C (Multi Fam, 3-5 units/acre) Comprehensive Plan: The comprehensive plan guides the development of the two parcels for "LD" low density residential development with a density of 2-6 units an acre. The land use chapter identifies "underdeveloped" parcels which are expected to be further developed by 2030; the subject lots were not identified as vacant or underdeveloped. The City's Comprehensive Plan notes the following: "The development of vacant `infill' residential parcels and the substantial rehabilitation of existing homes near and within residential neighborhoods must be compatible in use, size and scale with adjacent properties." Zoning: The properties are currently zoned "R-2" (Single family) which requires a minimum lot area of 18,000 sq. ft. The Palomino Hills subdivision was approved in 1958, which appears to be prior to the establishment of zoning on the parcels. Zoning on the property cannot be confirmed until the 1968 Zoning Map. At that time the two lots did not meet the zoning designation which required a minimum lot size of 18,000 sq. ft. So, the two lots individually have not met the area requirements of the zoning district for many years. The two lots have had a single tax identification number for many years. County records show a single tax ID as early as 1979; earlier records are not available. Combined together, the two lots now meet the minimum lot area of the R-2 zoning district. Staff identified 14 other parcels in the area that do not meet the minimum lot size of the R-2 zoning district. A map is attached showing the parcels identified. Preliminary Plat: No subdivision of the property is requested. If the property is rezoned, the petitioner will request a tax identification split of the properties which requires review and approval by the City Council. Site Plan: The petitioner requests a 20' variance reducing the front setback from 30' down to 10' for Lot 1 for the existing home. The lot survey indicates that the existing home is 10.9' from the right-of-way (ROW) of Cimarron Road. However, Cimarron Road has a large boulevard, ranging from 18' to 38', so that the location of the house looks like a typical residential front yard setback. Similarly, the petitioner requests a 10' variance to reduce the front yard setback from 30' down to 20' for construction of a new single family home on Lot 2. The site plan shows the construction of a two story home on Lot 2 with a 3-stall garage. The variance is requested to shift the house forward to minimize disruption and impacts to the infiltration area in the rear of the two lots. Construction of a new home will result in additional stormwater run-off into the infiltration ponding area in the rear of these two lots. Thus, staff recommends that dedication of drainage and ponding easements be a requirement in connection with this development. The drainage and ponding easement should be dedicated from the 1019' contour. Grading Plan: A grading plan has not been submitted for the project. The petitioner wishes to rezone the property before completing the engineering on the property. A drainage and ponding easement will be a condition of approval of the project. No grading or land disturbing activity will be allowed below the 1019' elevation. Elevation Drawings: The elevation drawing shows that the exterior of the home with a combination of cultured stone, face brick and lap siding. Landscape Plan: Not required in connection with a rezoning or construction of a single family home. Availability of Municipal Utilities: Engineering to confirm. Street Classifications/Accesses/Circulation: Cimarron Road is a local street with a 66' right-of-way (ROW). The boulevard along the pie-shaped front of Lot 1 ranges in size from 20' in front of the garage to nearly 40' off the front of the house. Pedestrian Access: No issues identified. Public Safety Issues: No issues identified. Recreation Issues: No issues identified. Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: To be taken. October 24, 2013 City of Apple Valley Planning and Development This letter is to ask that the property known as Lots 1 & 2 Block 4, Palomino Hills, now known as 403 Cimarron Road, be split back into two separate lots/parcels as listed on the Plat that was recorded December 4, 1958 as Document No. 236171. Returning to original lots per the plat. There is a home built on Lot 1 Block 4, Palomino Hills known as 403 Cimarron Road. I am also requesting to build on Lot 2, Block 4, Palomino Hills per same setback requirements that the development was completed under. Thank you for your consideration Micasa, LLC Jeffrey Scislow, hief Manager Acknowledged this 24th day of October, 2013 Notary Public VERONICA L,SPHU'M tkomv131,242- MINNESOTA', ''..katissionFir,,tesa).31,2015 1440 PALOMINO HILLS REZONING & VARIANCES r LOCATION MAP luctfLit- ZONING MAP PALOMINO HILLS REZONING AND VARIANCES 91 NO11.03S 1 3N 3. . Vl 3S 3.. 3Nn 1 1 1 1 18i gtn hil • 0" ph ;1 1 ,g a a 08V .128i g4E1.5,1 0 t8Ilu 14 .godt to I.2g;g nuN -.2'0412 A1.01 iAlts -1 4,11,81 A. a 3 , g . A4 g. A4g O-rg0841f: • V 9-51 ' • ''W111 1.14 E 411 • Ra 1 0 co 0 c 0 co E 0 rn Google Street View of Existing Home 403 Cimarron Road 1-399 Ci . mano .."': 1 . . , . 'i' 4 : 4 39n Rd .. .. - .::,417 ‘ i. jt ...1. - . :', ' , ; \-\ PAR T 011-D Sa, ▪ 0 O UT LO 39,513 1 13 14 15,198 j5771 - 1 3 1E:1 16- 16,965 6 17 18,860 C/MARRON RD I o A75 17,12 \ , , 16,88 28,79° 7 18,339 2,606 13,593 LOTS 1 &2, BLOCK 2 PALOMINO HILLS OUTLOT 9 LOTS < 18 SQ. FT. 23 ADDIT 9 21,68 10 21,640 24054 *0: Apple u V'aney 21 658 CITY OF APPLE VALLEY 8,325 OUTLOT 0 SITE w ct 0 I t, riL I .1 It, t it t SCISLOW GROUP 4 41' t. house PALOMINO HILLS REZONING AND VARIANCES w CONTOUR MAP lower level 730 fsf kitchen 14x12 master suite 15x12 walk-in shower bedroom 2 13x12 porch upper level 1072 fsf A map CONSULTING ENGINEERS, PLANNERS and LAND SURVEYORS oiNeelaiNG COMPANY INC. IOW EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PFI 432-3000 SCALE : 1" ------- CERTIFICATE OF SURVEY • trE. AD 4() c-irrvi tz-1 rq. ROAD f D MO. 01 600- 020 02- Ng k )-- L O T d, 1011 COAN01-A --------- iff N1 LOT NE CORII6 c c OF LOT J - <5 r - co - o0 7 -- flails RAIGK: OF L •,) 2 Lr 0 A permanent easement for drainage and pending purposes over, under and across part of Lots 1 and 2, Block 2, PALOMINO HILLS, according to the recorded plat thereof, Dakota County, Minnesota. Said easement contained within said Lots 1 and 2 is described as follows: Commencing at the northeast corner of said Lot 1, Block 2; thence on an assumed bearing of South 2 degrees 07 inninutes 25 seconds West, a!ong the east line thereof, a distance of 57.00 feet to the point of beginning of the easement to be described; thence North. 87 degrees 52 minutes 35 seconds West a distance of 10.00 feet; thence South 57 degrees 53 minutes 15 seconds West a distance of 53.60 feet; thence Soutli 32 degrees 44 minutes.07 seconds West a distance of 33.30,feet; thence South 18 degrees 23 minutes 22 seconds West a distance of 35.44 feet; thence South 9 degrees 35 minutes 16 seconds West a distance of 30.02 feet; thence South 29 degrees 08 minutes 42 seconds east a distance of 30.80 feet; thence South 51 degrees 12 minutes 21 seconds East a distance of 66.00 feet, more or less, to the southeast corner of saki Lot 2, Block 2i thence North 10 degrees 11 minutes 51 seconds East, along the east line of said Lot 2, Block 2, to the southeast corner of said Lot 1, Block 2; thence North 2 degrees 07 minutes 25 seconds East, along the east line of said Lot 1, Block 2, a distance of 83.00 feet,- more or less, to the point of beginning. EASEMENT DESCRIPTION c_ogiVE'g. oF t.-or 1 EAST LidE 9F LOT 2, (Total Area of Easement = 10,646 Square Feet) (Area of pond within easement = 3173 Sq. Ft,) (Area of ground within easement = 7473 Sq. Ft.) hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this Cv-a- day of --rui'M , 20 P. DOA-Cr- Minn. Reg. No ( 056) Bodmer, Kathy From: Sent: To: Subject: From: Sent: Thursday, June 26, 2014 4:57 PM To: Murphy, Joan Subject: 403 Cimarron Road rezoning Murphy, Joan Monday, June 30, 2014 9:32 AM Bodmer, Kathy FW: 403 Cimarron Road rezoning This Email is in response to the rezoning request for 403 Cimarron to be rezoned and sold for construction of a new house. As a neighbor on Surrey trail, we appose this thought, as we chose to move into this nei hborhood for the quiet endabsenoeofconstruotion.A|so.sinoethimdayendageaetheoitieeandstateho|dwet|emdsesesortof ground, how can this property be allowed to construct on an area that is literally right next to a wetland swamp? This would also ad to the co jestion of the corner there at Cimarron and Pennock as the residents there already leave their vehicles out on the street all night. 1 To the City Council of Apple Valley, Regarding the hearing on the splitting of the property at 403 Cimarron Road, writing on behalf of myself and my fellow neighbors, to make know to you our concerns regarding this proposal. My family has lived in this neighborhood since 2003. Additionally, many other neighbors have been much longer. We are well aware of the impact this will have on our homes. With the recent adjacent building of the apartment complex on Pennock, our neighborhood has already negatively been impacted by higher density housing. We feel that this continued push for tighter density in our neighborhood detracts from the value and character of our homes. We see the negative impact of this proposal as follows, and are against this plan: Traffic o Increased traffic and safety atan already busy intersection. o This area is used as a school bus stop. • Character o Loss of trees and destruction of the character of our neighborhood o New style home not matching current styles and character of our area • Wildlife Impact o Pond— impact to wetland /pond on the property; inconsistent with our environmental views o Animals - Wildlife in this area will be negatively impacted, specifically deer, amphibians and others. Additionally, demolition and further development of the existing home will have the same negative impacts. Respectfully, Andrew Barrett - Bettcher and the co- signed residents below July 15, 2014 2.v a s zc5 Itt1 S5ure-Q_vat /?3 St-Lit-v- i e 7947 a_( LA) 30r3 Laia. 02 -6e,-7,536 75 y s 7'7/7; 69S/ - 33t- ZSCoS • bk2-9 GI - - City of Apple „ Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5B August 6, 2014 Public Hearing PROJECT NAME: Augustana Health Care Center Parking Lot Interim Use Permit PROJECT DESCRIPTION Interim Use Permit to allow for construction of a temporary parking lot on a vacant parcel located at the northeast corner of 147 Street West and Garrett Avenue. STAFF CONTACT: Thomas Lovelace, City Planner DEPARTMENT/DIVISION: Community Development Department APPLICANT: Augustana Land Development PROJECT NUMBER: PC 14-28-1 60 DAYS: September 6, 2014 APPLICATION DATE: July 7, 2014 120 DAYS: November 5, 2014 Proposed Action Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. However, if the public hearing yields no questions or comments needing further analysis, staff would like recommend the following action: 1. Recommend approval of the interim use permit to allow for construction of a 24-space parking lot on Lot 2, Block 1, APPLE VALLEY COMMERCIAL 4 ADDITION, subject to the following conditions: • Construction shall be in conformance with the grading and pavement plan dated April 9, 2014. • The Interim Use Permit shall terminate on five years from the date of City Council approval or replatting/development of Lot 2, Block 1, APPLE VALLEY COMMERCIAL 4 ADDITION, or until zoning regulations no longer permit it, whichever occurs earlier. • The parking lot shall be constructed in conformance with the off-street design requirements as set forth in the Apple Valley code of ordinances and any other applicable ordinances. Project Summary/Issues The applicant is requesting approval of an interim use permit (IUP) to allow for construction of 24- space parking lot and infiltration area on .8 acres of a 5.87-acre vacant parcel of property located at 147 Street West and Garrett Avenue. The proposed parking lot will be located the northeast corner of the parcel and will provide additional parking for staff and guests of the Augustana Health Care Center, which is located directly north on a separate lot. In 2011, the City approved an overall site plan for the subject property, which included a two-story transitional care facility and 32-space parking lot in the location of the proposed parking lot as their first phase. It was expected that the additional parking in the first phase would help alleviate some of their immediate on-site parking challenges. The expansion project has been postponed, but the applicant would like to proceed with construction of a parking lot as a short-term fix. This parking lot may be incorporated into their expansion plans or would be removed as part of any development on the subject property. An interim use is defined as temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. An IUP may be issued for a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. The Council may issue interim use permits for an interim use of property if: • The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein; • The date or event that will terminate the use can be identified with certainty; • Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; • The user agrees to any conditions that the Council deems appropriate for permission of the use; and • The use meets the standards set forth in the zoning regulations herein governing conditional use permits. The proposed parking lot is considered an accessory use, which is permitted in conjunction with a primary use such as an office or retail use. No primary use currently exists on the subject property. Therefore, an interim use permit must be granted for the parking lot. Approval of the IUP and construction of the parking lot shall be subject to the all off-street parking design requirements set forth in the zoning code. Budget Impact No financial impact to the City. Attachment(s) Location Map Comp Plan Map Zoning Map Final Plat Parking and Infiltration Easement Area Plan Grading and Pavement Plan Approved Master Plan Property Location: Legal Description: Comprehensive Plan Designation Current Zoning Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses AUGUSTANA HEALTH CARE CENTER PA INTERIM USE PE " IT PROJECT REVIEW Northeast comer of 147 Street West and Garrett Avenue Lot 2, Block 1, APPLE VALLEY COMMERCIAL 4 ADDITION "C" (Commercial) "PD-290/zone 2" (Planned Development Platted Vacant 5.87 acres Flat Grass None NORTH SOUTH EAST ST Existing Conditions Augustana Health Care Center Comprehensive Plan Zoning/Land Use Paideia Academy and Anderson Mortuary Comprehensive Plan Zoning/Land Use Anchor Bank Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use "C" (Commercial) "PD-290/zone 2" (Planned Development "C" (Commercial) "PD-290/zones 1 and 2" (Planned Development) "C" (Commercial) NG LOT "PD-290/zone 1" (Planned Development) Apple Square Professional Building and Garrett Square Condominiums "C" (Commercial) and "HD" (High Density Residential/1 2± units per acre) "PD-290/zone 2" (Planned Development) and "M-8C" (Multi-Family Residential/1 2-24 units per acre AUGUSTANA HEALTH CARE CENTER PARKING LOT I.U.P. 1 11 11111111111.11111111P X 11444.4 11 Proposed Parking Lot Location 147th ST. W. 114 4,t) 11113 113 F U LOCATION MAP w Proposed Parking Lot Location AUGUSTANA HEALTH CARE CENTER PARKING LOT I.U.P. COMP PLAN MAP "C" (Commercial) ‘L 1 __,_,__ i rn +I P E VALLEY I: E CENTER 23,500 C R ILY'S H I Lt 1 Proposed Parking Lot Location APPLE VALLEY VILLA 193,162 DA KOTA C vE TERN ._R \rIGE CEiNIER PALE VALLEY MEDICAL C APPLE 28,000 6,016 caiLDRENS LL M-6C AUGUSTANA HEALTH CARE CENTER PARKING LOT I.U.P. ZONING MAP "PD -290" (Planned Dev.) O V"T` w 21 3 „6S,k0o00 S E782 M .65,b0000 N CU tn ES M „Sb,00000 N S8 S8 08 ti cn 2 0 ,.... 0 ,,_. °I- ...., (' -0 -Q ° ci S 0-.4.C*".Q)ce,"""Q2-6'.Q(3')U(1) 0 1 6' , .2' 0, . 0,, ',-,-, - „ 2 2 ° 0 E ( ct Q I:3 0 V' cb a, .-. 0 Lr) O ....,:.,, & -Z (1 , , ,(3 ; t 0 ) ° e) L 0 c' 0 cc 0 Q ,,,, c,C) ,., (1, e T' , 0 ..,(10 ( 2-'3.,..,- t:6 - p,is - ,,,, 4 it i 9.) oZZ04)1,0(u.), 4 a 43 .. --... 1 -- 0 ,, 6 7 ,......., .,;,..,.. (13NLO - ..",' - ' 0 .. c.) t 6,.. 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E b t)') , ( .2 ' , es co cb '' L rQ 1 00 1 3„69,Y70 - 7( - 11, -- 1/1, II _:1 1 11 \I _.7.1/ I V C.I CY. 4 OCIgt 1 M„6g,170000N 4) --- 6ZZ 11 --- M„6g,fr0000N/ 0 1 ■,`"-- Gr‘ \ \J 1 c$, 1 5 1.0 [A Z Z w 0 , › ' ',.. ..• . i I - - - , 0 , 0 L_, , ,......,—,..;.:......„.../...,.....„ .....,....4..— „, - , 7 ,i , _'i '''., es-9::;:.. ,- ,,.........,, < i ,,,,,,,, i * (8 , J-- 1:- . 0 Z - Li CC 0 j < - > , • (8 o E3 L / L 6 -1 L > 1 2 cycy x z C M °JAV 113?,ie:IVO z lfi lia 111 16111MillitialeaMiff City of Apple VaIl ITEM: 6A PLANNING COMMISSION MEETING DATE: August 6, 2014 SECTION: Land Use/Action Items PROJECT NAME: COBBLESTONE LAKE OFFICE/RETAIL BUILDING PROJECT DESCRIPTION Request for site plan/building permit authorization to allow for construction of a 9,007 sq. ft. office/retail building and 48 surface parking spaces on a .95-acre lot, located at the northwest corner of 157 Street West and Cobblestone Lake Parkway STAFF CONTACT: Thomas Lovelace, City Planner APPLICANT: Fendler Patterson Construction and Bear Cobblestone 2, LLC APPLICATION DATE: July 2, 2014 60 DAYS: September 1, 2014 DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: PC14-24-B 120 DAYS: October 31, 2014 Proposed Action If the Planning Commission concurs, staff is recommending site plan/building permit authorization approval to allow for construction of a 9,007-sq. ft. commercial building and 48 surface parking spaces on Lot 4, Block 1, COBBLESTONE LAKE COMMERCIAL; subject to the following conditions: 1. A bike rack shall be installed in front of the building at a location that will not obstruct the use of any sidewalk. 2. The applicant will work with City staff on creating a plaza area on-site or at an alternative location within the Cobblestone Lake development. 3. The snowdrift crabapple and spring snow crabapple trees shall be replaced with a species that is resistant to apple scab disease. Project Summary/Issues The proposed development plan is generally consistent with the Cobblestone Lake Commercial development master plans that were approved in 2007. Those plans showed a 7,200-sq. ft. building on the subject property and a 4,555-sq. ft. building on the outlot to the southwest, and a 98-spaced shared parking lot. Also shown on the approved plans was a paved plaza, which would be located between the two buildings. The proposed increase in the size of the buildings will result in the loss of plaza. Staff would like to work with the developer on an alternative gathering area at that location or at some off-site location. Staff has reviewed the grading and utility plans and has no outstanding issues. The Natural Resources Coordinator has reviewed the landscape plans and has requested two revisions, which should be incorporated into their landscape plan. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 21/2% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 21/2% landscaping requirement at the time of submission of plans for a building permit. The applicant shall identify a bike rack location on their building permit submittal plans for staff approval prior to issuance of a building permit. Budget Impact None Attachment(s) COBBLESTONE LAKE COMMERCIAL Final Plat Cobblestone Lake Commercial Master Plan Site Plan Grading and Drainage Plan Utility Plan Landscape Plan Floor Plan Elevations 2 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 COBBLESTONE LAKE OFFICE/RETAIL BUILDING PROJECT REVIEW Northwest corner of 157 Street West and Cobblestone Lake Parkway "C" (Commercial) Existing Conditions Lot 4, Block 1, COBBLESTONE LAKE COMMERCIAL "PD-703/zone 6" (Planned Development) Platted Vacant .95 acres Flat Volunteer ground cover None NORTH SOUTH EAST WEST Multi-Tenant Retail Building Comprehensive Plan Zoning/Land Use Vacant Comprehensive Plan Zoning/Land Use Vacant Comprehensive Plan Zoning/Land Use Target Parking Lot Zoning/Land Use 3 "C" (Commercial) "PD-703/zone 6" (Planned Development "C" (Commercial) Comprehensive Plan "C" (Commercial) "PD-703/zone 6" (Planned Development "C" (Commercial) "PD-703/zone 6" (Planned Development "PD-703/zone 6" (Planned Development) DEVELOPMENT PROJECT REVIEW -11101i LOCATION MAP Comprehensive Plan: The lot is currently guided "C" (Commercial). The commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts. The proposed project is consistent with the Comp Plan's designation. 4 2030 COMPREHENSIVE PLAN LAND USE MAP DESIGNATION "C" (Commercial) Zoning: Identified uses in zone 6 include a wide variety of retail, restaurants, professional offices, educational tutoring services, convenience stores, apartments, and continuum of care facilities. The proposed office/retail building is consistent with the current zoning as well as the approved Cobblestone Lake Retail Development master plan. 6 18TH ST 5 ZONING MAP DESIGNATION "PD-703/zone 6" (Planned Development) Site Plan: The site plan indicates the construction of a 9,007-sq. ft. commercial building and 48 surface parking spaces on a .95-acre lot. Access to the site will be via existing drive lanes that intersect with Cobblestone Lake Parkway and 157t1 West. No direct vehicular access to a public street is proposed. A driveway is located along the west side of the subject property and one along the north side, which will provide access to and from 157 Street West and Cobblestone Lake Parkway. This site will share parking and access with the outlot to the southwest and when development is completed on that outlot, two additional driveways and 55 parking spaces will become available. Access and parking will be sufficient to serve both properties. There is a shared access and parking agreement among all properties within the Cobblestone Lake Commercial development, which allows for additional access drives and parking for the proposed project. The site plan is generally consistent with the Cobblestone Lake Commercial development master plans that were approved in 2007. Those plans showed a 7,200 sq. ft. building on the subject property and a 4,555 sq. ft. building on the outlot to the southwest, and a 98-spaced shared parking lot. Also shown on the approved plans was a paved plaza, which would be located between the two buildings. The proposed increase in the size of the buildings will result in the loss of plaza. Staff would like to work with the developer on an alternative gathering area at that location or at some off-site location. The planned development ordinance requires that parking lots with fifteen (15) or more parking spaces shall provide for parking for bicycles adjacent to the front of the building at a location that will not impede use of any sidewalk. The applicant shall identify a bike rack location on their building permit submittal plans for staff approval prior to issuance of a building permit. Grading Plan: The site has been graded as part of the sand and gravel mining reclamation of the site. Therefore, minimal grading to accommodate the proposed building and parking lot will be needed prior to construction. The Assistant City Engineer has reviewed the grading and utility plans and has no major outstanding issues. Elevation Drawings: The elevation drawings indicate an exterior finish that will include a combination of brick, rock-face block and EIFS. The exterior materials and design are similar to the existing buildings in the commercial area, and in conformance with the previously approved elevation plans and performance standards set forth in the planned development ordinance. Landscape Plan: The submitted landscape plan identifies a wide and diverse variety of plantings. The Natural Resources Coordinator has reviewed the landscape plan and has the following recommendations: • Snowdrift crabapple and spring snow crabapple are not resistant to apple scab, a common foliage disease that causes premature leaf fall and a tree that is aesthetically displeasing. This problem can be addressed by using disease resistant crabapple species. I recommend substituting the two proposed crabapple species with disease resistant species. • The third ornamental tree species listed in the plant schedule is shown as Thornless honeylocust, which I suspect is supposed to be thornless hawthorn as shown on the actual plan. The genus and species name listed is not correct for either. Revisions shall be made to the landscape plan per the Natural Resources Coordinator' s comments and be submitted for staff approval prior to issuance of a building permit. City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 21/2% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City's 2 landscaping requirement at the time of submission of plans for a building permit. Availability of Municipal Utilities: All necessary municipal utilities to serve the site will be available by means of service connections to existing water main and sanitary sewer lines located in Cobblestone Lake Parkway. A storm sewer line that will serve the site will connect with an existing line located to the north. This existing line connects to the storm water line and underground infiltration system in the Target parking lot. Staff has reviewed the proposed utility plans and has no outstanding issues. Pedestrian Access: The planned development ordinance calls for sidewalks into and throughout commercial areas, between buildings and across parking areas where appropriate. A sidewalk is currently located along the north and west side of the subject property. Sidewalks will be constructed in the front and sides of the building. These sidewalks will connect with the existing sidewalks along the north side of the site and within the Cobblestone Lake Parkway right-of-way. 6 '01 - .P4 A 1 1 V/v 1, (.117 / ,0„.EZZ C') — /0 4 so 0,S NO.0 0,04 '1 !I 26°22'59.. /17 138_ 1:( ‘4 ) 32, DRAWI NUMBER 09r. 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"INOC I.LNOC 5.• "INOC ,,S10,1111, 5,111.1aUt SOL,?2,14 P1S,P.19 ,puoLupsN, eue,paise ,mou, 6u,c19, sn, ,roug 5u,c1s, sn, sp,sunq x ea.19 9,,uocler e.mclg ,ssaou, an,,T e,uocier micis sletsenin sn.radjunr ,,F2uavg, su,qes sn.Gcliunr wr,ag COMMON NAME OVERSTORY TREES I 100001,..0000 - TV 01=1-4 11101- IZVTO 01-0100 010011 0001-010 1000 011000000 S112111VIN3WVN210 .1.1O0,3NOri SGTIN.OHI. 0700 IT0,40 sun., ..,LNOHINV -1,1,1E9.3.1.Nlifl kur 71010 BLUE 5010 JUNIPER 5GANDIA JUNIFER sivINN32i3d 5TELLA DE ORO [DAYLILO F,RDON ME IDAYLILY AUTUMN FIRE SEDUM _ - _ o 0 0 0 vs 0,40/61„;:/;;6/z /7 oc,) /3 .P aavo.m.on:/%4 . gz, ttoz/ co/ to ,amid PLANT SCHEDULE COBBLESTONE. 11MD 1V.f1/31 8010V211N00 1N3173 . . . . . -Jad Ntrld 1001 VIOSDNNIIN ,ATIVA 31ddti V1OS3 IIAID 210131/2LLNO3 Diana Ay P.P.-0 SNOLLVA313 ,101I)(2 . 1.311VA 31d. buildin 000 000* 00 000 000* *00 city of Apple ey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: August 6, 2014 Discussion Items PROJECT NAME: Dunn Brothers East Valley Plaza PROJECT DESCRIPTION Sketch Plan Review of proposed subdivision by preliminary plat, conditional use permit, and site plan review/building permit authorization for construction of a 2,000 sq. ft. coffee shop with drive-thru at East Valley Plaza, 14050 Pilot Knob Road. STAFF CONTACT: Kathy Bodmer, Planner APPLICANT: Christianson and Company Commercial Real Estate Services, LLC DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: NA Proposed Action No official action is required. The owner wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal application. It is recommended that the Planning Commission not state specifically whether or not they would a prove or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. Project Summary/Issues The petitioners would like to construct a 2,000 sq. ft. coffee shop with a drive-thru south of Walgreens along Pilot Knob Road in the East Valley Plaza Shopping Center, 14050 Pilot Knob Road. The building is proposed to be located where an infiltration basin for the Walgreens building is located. It appears that the infiltration area would be partially filled to create a building pad. No changes would be made to existing access points into the shopping center. The property is zoned "RB" (Retail Business) which would require a subdivision by preliminary plat for a stand-alone building, a conditional use permit for the drive-thru in connection with a Class III (Neighborhood) Restaurant and site plan review/building permit authorization for review and approval of a 2,000 sq. ft. building. The sketch plan shows that an existing infiltration area would be modified and would likely need to be removed to allow construction of the building. Seven parking spaces are removed and the outer drive aisle is blocked to allow the placement of the building. Customers would access the drive-thru lane on the east side of the building and proceed west around to the pick-up window on the north side of the building. Drivers would then proceed west and then south to use a drive-lane currently used by customers exiting the Walgreens drive-thru. The following are some of the zoning and planning issues identified by staff: O A separate lot of record would need to be created for a new stand-alone building; the minimum lot size permitted in the "RB" (Retail Business) zoning district is 15,000 sq. ft. O The maximum building coverage permitted in the RB district is 30%. * Minimum parking space requirements are 1 space for every 2.5 seats and 1 space for every five outdoor seats after the first 10 seats. A restaurant with 35-40 seats would require 14 to 16 parking spaces. No outdoor seats are shown. With seven spaces removed, a total parking deficit would be 23 parking spaces. A recent parking study found that 283 spaces are required and 284 spaces are available under a proof-of-parking agreement. The proposed project would result in a 22-space deficiency. Any change to the infiltration area would need to be reviewed and approved by the City Engineer. • The Walgreens dumpster enclosure and delivery area is located on the south side of the building. Staff is concerned that there may be conflicts between delivery vehicles and drivers circulating through the drive-thru. Use of the south side of the Walgreens building would need to be reviewed. • Circulation and potential conflicts related to vehicles exiting the coffee drive-thru and merging with Walgreens drive-thru traffic would need to be addressed. • Pilot Knob Road is classified as an A Minor Expander; a minimum setback of 50' would be required from Pilot Knob Road. • Any new impervious surface area will require additional on-site infiltration to be reviewed and approved by the City Engineer. A site plan was approved for a coffee drive-thru at this shopping center in 2008. Staff is concerned that the proposed development attempts to "shoe-horn" a building along Pilot Knob Road that will result in loss of parking and traffic circulation issues for the shopping center. Staff believes that a better solution would be to shift the tenants on the southwest corner of the building to a different location and proceed with the previously approved drive-thru plans. This would require a re-authorization of the now expired site plan/building permit and conditional use permit. Budget Impact NA Attachment(s) I. Petitioner Letter 2. Location Map 3. Zoning Map 4. Site Plan 5. Site Plan Detail 6. East Valley Plaza Leasing Information 7. Aerial Photo 8. 2008 Approved Coffee Drive-thru 9. Walgreens Grading & STPP Plan Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses 14050 Pilot Knob Road Lot 1, Bock 1, EAST VALLEY PLAZA 4TH ADDITION NS-Neighborhood Service RB Retail Business Platted lot. Retail commercial. 5.44 Acres Flat Urban landscaped parcel. N/A NORTH SOUTH EAST WEST Dunn Bros Coffee Drive-Thru PROJECT REVIEW Walgreen's Pharmacy Comprehensive Plan Zoning/Land Use Highland Shopping Center Comprehensive Plan Zoning/Land Use Foxmoore Ridge Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use NS-Neighborhood Service RB Retail Business NS-Neighborhood Service RB Retail Business LD-Low Density Residential (0-6 units/acre M-4 (6-8 units/acre) Scott Highlands Middle School/Highland Elementary School INST-Institutional P Institutional City of Apple Valley 7100 West 147th Street Apple Valley, MN 55124 (952) 953-2500 info@ci.apple-valley.mn.us Website questions and comments Kathy Bodner Dear Kathy: Thank you for meeting with me the other week to discuss a potential outlot at East Valley Plaza, 14050 Pilot Knob, Apple Valley. This would be for a 2000 square foot building being used as a coffee shop, in this case Dunn Brothers. We would like to be on the next available agenda to present this to the Planning Commission. I have attached the proposed drawing. Please let me know. Thank you, Laura J. Gill Christianson & Company Commercial Real Estate Services, LLC Ph: 612-310-5399 Fx: 651-344-4356 E: laura@christiansonandeo.com W: SpaceAvailableMN.com map map -..., , ! . , V) LO c; E. E. ... w E. G4 w r4 4.1 P. = 0.., E. Cf, ISHAA. 122HIS 1ST *-\ S9' L 2 Hines a_ L" U ._ ' El cN, I = C.D 1 >-- 1-- E. z 4 9 = 0 CD 1 0 '' () 0 _____ _________ IT .., ........, 11 1 I J I I I I I I 111111 I I ' -,,„, 0 ,, ,„ , , ..Y p 0 - :(7 . .). 3 co Li ___, 111 7% -,,,,,,,, 3\ - 17Z . Z9 Hinos a® N .6,, a f 1/1//: 400' , ....4 . gt/Z2L Pu_aoN 4 6 • ,.,. < P.T.q r:g E. . 1 ,I . . %, „ . ,' ■IF N pi . ...■ IN (L,, \ § (`- ■ ' 4 ' 4 4, T? 4 \ b , , 4 , 0 , 0 . - — % I 1 = ■■ .4, \ Ifo a . . E. 0 ,...., e. Q %) t IP 4 • 4 ! 1_ 0 ------------: 1 . CI____ ■ 00•Sc , CI 0- ®• mos s L•S17 • Fi_LION 0 _---.__-______.__,,,_____,„ . I P: 1 GVOH EIONN IOrlid HilION IS °ON °H ZZZ ON dVV\1 IVM JO 1HOlei kiNnoo vio>iva PILOT KNOB C.S.A. ROAD . NO. 31 445.15 NORTH words map EAST VALLEY PLAZA COFFEE DRIVE-THRU CONDITIONS 2008 CONCRETE SIDE NAL' FROM CEN SIDWALK; CLo / FL/1 RE L LA , PATIQ SLAND COFFEE SHOP DRIVE THRU WINDOW LOCATION 4Er HIGH SOLID SCREEN MAINTENANCE FREE FENCING/ APING NRON DO N SIGN U.17:7/ 6 HIGH BLAQ:k LS SPRUC Conditions of approval: 1. The plans shall be modified to address the concerns raised by the City Traffic Engineer in his December 14, 2007, memo. 2. A combination of 6' high Black Hills Spruce trees and a 48" high maintenance-free fence shall be installed south of the drive-thru lane and east of the rear parking lot so that headlights are completely blocked from shining onto adjacent residential properties. 3. The spruce trees shall be planted in a staggered layout 10-12' apart. The final landscape plan shall demonstrate that there will be no headlight trespass. The final landscape plan shall be reviewed and approved by the Natural Resources Coordinator. 4. A pedestrian connection shall be installed from the sidewalk in front of the shopping center to the west to the trail along Pilot Knob Road. 5. The three parking spaces shown inside the triangular-shaped island northwest of the stacking lane for the drive- thru lane shall not be installed, but shall be landscaped. 6. A stop sign shall be installed at the southeast entrance to the shopping center as it exits onto 141st Street. 7. A "Do Not Enter/Wrong Way" sign shall be installed on the drive-thru exit lane where it intersects with the shopping center's east parking lot. X W \ \\ \ ° \ \ \\ / / \� /// /l / / / \/ / \ / / / W/ / / ° / / /. F � / \\, \ \\ 4( W / \ \ \ ,p/ �, / / \ \ , O Z ./Q ip / / / \ \ �vS vi \ / / / Wpp UQJ U ( ' ' Q /\ / / / L__, i* \ 4 \ \ � N4 , 0.OJW CJ �I W/ / // \-- — -/A \ Ne \_____ )\ r el'.7 d Z 4OVfO '. W O O h <mrna Fib * Q1 Oi A O BI 11�II \ — \ \ \` U i 1 1 1 ,. 1 \ \J rn 1 1 � } /1 ® o ■••A ja ®Q❑ ❑❑❑ ° „ 6 �g> yl n O F Y i F— W ° Z 5, I WJ a �a Q z 0 H Z Jt1 < ® z W Z Z Q Q W 2W 0 M V NOII3flO SNOO 1O3 ION 1VAOddY A 0 ONI©N3d 13S NV1d G�y'Ld -UPI t' J- SO- Sti 'd \td \Wi \L"`I + \M1- 69B-.(pL \!'ll 1��:•�xingnad s+d��n5 \:� ��u9b�9 4�IOG 'B2 ��er .00.. 0... ..0 city of Apple VaIIey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: August 6, 2014 Discussion Items PROJECT NAME: Buller Sketch Plan PROJECT DESCRIPTION Sketch plan review of proposed subdivision of two parcels to create four single family lots and one outlot, northwest of the intersection of Diamond Path & Evermoor Parkway on Farquar Lake. STAFF CONTACT: Kathy Bodmer, Planner APPLICANT: Randy and Carolyn Buller APPLICATION DATE: July 28, 2014 60 DAYS: NA DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: NA 120 DAYS: NA Proposed Action • No official action is required. The owner wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal application. • It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. Project Summary/Issues Randy and Carolyn Buller and John and Carol Houston own two parcels totaling 6.5 acres northwest of the intersection of Diamond Path (CSAH 33) and Evermoor Parkway. The two lots are located between Diamond Path and Farquar Lake and are vacant. The proposed subdivision creates four new single family lots that meet the minimum requirements of both the "R-1" (Single family, 40,000 min. lot) and "SH" (Shoreland Overlay) zoning districts. One outlot would need to be created for the remaining portion of the Buller property which is currently not included in the sketch, but expected to be combined with the Houston property and subdivided in the future. Below is a brief summary of some of the issues that would need to be addressed: • Half right-of-way (ROW) dedication requirement for Diamond Path is expected to be 60'; 24' — 30' of half ROW shown. Current traffic levels 8,100 AADT (Source: MnDOT); 10,000 ADT expected by 2030 (Source: Dakota Co. 2030 Transportation Plan). Noise mitigation techniques will be required. • It was expected that this area would be served by an internal public street. Requiring the installation of a street would have the following impacts: o Increased disruption of the area including grading and tree removal. o Additional impervious surface area which could negatively impact Farquar Lake. o Placement of the homes closer to the lake. • Private driveway access onto Diamond Path will require approval by Dakota County. • The driveway access near Evermoor Parkway will need to align with the Parkway. This will require reconfiguring the lot and may require lot width variances. • Shared driveways are shown which would require cross-access easements. • Site is heavily wooded. Extensive tree removal and grading will be required to create housing pads. Tree mitigation will be required. DNR and City requirements will need to be addressed. • Subdivision of this property will require that a vegetative buffer be created. Sand beaches will need to be installed in accordance with City and DNR requirements. • Concern that development could negatively impact the water quality of Farquar Lake. Budget Impact None. Attachment(s) 1. Petitioner letter 2. Comp Plan 3. Zoning Map 4. Pictometry Photo 5. Sketch Plan Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties/Land Uses Generally, northwest of intersection of Diamond Path (CSAH 33) and Evermoor Parkway Forthcoming. LD-Low Density Residential (0-6 units/acre) R-1 Single Family 40,000 s.f., SH Shore land Overlay Lots are unplatted parcels. Vacant Houston 138,859 sq. ft. (3.2 acres) Buller 143,036 sq. ft. (3.3 acres) 281,895 sq. ft. (6.5 acres) A 4.1 acre portion of the 6.5-acre parcel is identified for the development, with 3.7 acres above the ordinary high water elevation of 899.2 feet Large hill, significant grade changes. Forty foot elevation change from highest point adjacent to Diamond Path down to Farquar Lake. Site is heavily wood. The Houston parcels abut Farquar Lake and the development is located within the "SH" (Shoreland Overlay) zoning district. NORTH SOUTH EAST WEST BULLER SKETCH PLAN PROJECT REVIEW Houston Property — Single family home Comprehensive Plan Zoning/Land Use Nick Property — Single family home Comprehensive Plan Zoning/Land Use Evermoor Townhomes Common Area Comprehensive Plan Zoning/Land Use Farquar Lake Comprehensive Plan Zoning/Land Use LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre R-1 Single Family 40,000 s.f. LD-Low Density Residential (0-6 units/acre PD-681 WAT — Water/Pond Water/Pond FARQUAR LAKE BULLER SKETCH PLAN CONTOUR MAP FARQUAR LAKE BULLER SKETCH PLAN ZONING MAP ' xx P L j. BULLER SKETCH PLAN COMPREHENSIVE PLAN MAP • 'C k y r "y _ ' oLD r ..�.. ' • F � 129114 T lour } . _./ F j i Ii I ! ! i •x . LD 0 - 17 � 128TH ST W _..v • o t ; i" ' I 0 _