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HomeMy WebLinkAbout10/01/2014 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 OCTOBER 1, 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 SEPTEMBER 17, 2014 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Caribou Coffee Drive-Thru – Public hearing to consider a conditional use permit, variance and site plan/building permit authorization to allow for a drive-thru in connection with Class III (PC14-17-ZCB) Restaurant in Planned Development 290, Zone 4. LOCATION: 14638 Cedar Avenue PETITIONER: Caribou Coffee Company 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, October 15, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, September 17, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, October 6, 2014 Wednesday, November 5, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, October 8, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, October 27, 2014 NEXT CITY COUNCIL MEETINGS Thursday, October 9, 2014 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, October 23, 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 The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, and Paul Scanlan. Members Absent: David Schindler and Brian Wasserman. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3, APPROVAL OF MINUTES SEPTEMBER 3, 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 Scanlan, approving the minutes of the meeting of September 3, 2014. Ayes - 5 - Nays — 0. 4. CONSENT ITEMS NONE 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 17, 2014 A. Embry Place Subdivision — Consideration of the rezoning from "M6-C" (Multi-Family Residential/6-12 units per acre) to "PD" (Planned Development) and subdivision of a 25-acre outlot (Outlot E, CORTLAND) into 86 single-family residential lots. (PC14-31-ZS) LOCATION: Southeast corner of CSAH 42 and Pilot Knob Road CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 17, 2014 Page 2 of 6 PETITIONER: Arcon Land IV, LLC and Fischer Sand and Aggregate Co. City Planner Tom Lovelace stated the applicant is requesting a rezoning from "M-6C" to "PD" (Planned Development), which would allow them to subdivide the property for single-family residential uses, consistent with the proposed Comp Plan re-designation. A planned development ordinance would address such things as a minimum lot size and lot width of 65 feet as well as establishing the uses, area requirements, and performance standards for the planned development district, consistent with the proposed development. He reviewed the preliminary plat, utility, grading, landscaping and staging plans and traffic projections. Embry Path would be required to be extended to County Road 42 with the construction of Phase 3 of the proposed development. Lots having direct access off Embry Path, a collector street should have driveway turnarounds installed. Driveway widths within the right-of-way of all lots abutting Emory Avenue should be reduced to 14 feet to allow for more on-street parking space. All lots directly abutting Pilot Knob Road and the Lebanon Cemetery shall be screened with combination of berms and landscaping. Conservation easements shall be created over and across the areas of the lot where the berms and landscaping would be located. A landscape plan shall be submitted that identifies the species type and location of plantings on lots located directly adjacent to the Pilot Knob Road and the cemetery. The Pilot Knob Road/152nd Street West intersection is currently a full intersection. This intersection would need to be modified to a right in/right out and left turn in intersection, commonly referred to a three-quarter intersection. All work to modify that intersection would be the responsibility of the developer. Scott Johnson, Arcon Land Development, provided additional information. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending approval of the rezoning of Outlot C, CORTLAND THIRD ADDITION from "M6-C" (Medium Density Residential /6-12 units per acre to "PD" (Planned Development). Ayes - 5 - Nays — 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval to have the City Council direct staff to prepare planned development ordinance that includes permitted, conditional, and accessory uses; and area requirements and special performance standards consistent with the proposed development plans, including but not limited to the following: • Establishing buffer area requirements for lots located directly adjacent CSAH 31 (Pilot Knob Road) and the Lebanon Cemetery. • A landscape plan shall be prepared that provides screening from CSAH 31 (Pilot Knob Road) and the L ebanon anon Cemetery. Ayes - 5 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 17, 2014 Page 3 of 6 MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, recommending approval of the EMBRY PLACE preliminary plat, subject to the following: • The plat shall be configured to have 86 residential lots and zero (0) outlots. • Dedication of the necessary street right-of-way to serve the plat as indicated on the submitted plans, dated July 24, 2014. • Dedication of a ten foot (10') wide drainage and utility easement along the entire perimeter of lots within the plat wherever abutting public road right-of-ways. • Dedication of a five foot (5') wide drainage and utility easement along all common lot lines. • Dedication of a 15-foot drainage and utility easement along the south side of Lot 47, Block 1 over the westerly 40 feet. • Installation of a five-foot (5') wide concrete sidewalk both sides of all public streets. • Lots having direct access off Embry Path, a collector street have internal driveway turnarounds installed, in accordance with the plan dated September 12, 2014. • Park dedication shall be satisfied by a cash-in-lieu of land contribution. • The installation of municipal sanitary sewer, water, storm sewer and street improvements as necessary to serve the plat, shall be designed and constructed in accordance with adopted City standards. All costs associated with the design and installation of these improvements shall be fully assessed against the affected property. • The extension of Embry Path north from Lot 5, Block 1 to CS 42 shall occur at the time of development of the third stage, as indicated on preliminary staging plan dated July 18, 2014. • The Pilot Knob Road/152nd Street West intersection shall be reconstructed as a right in/right out and southbound left turn only intersection. All costs associated with the intersection reconstruction shall be the responsibility of the developer. • A drainage and utility easement shall be dedicated with the first phase over and across the storm sewer line that will be installed along the rear lot lines of Lots 2- 30, Block 1. The easement shall be sufficient in size to allow for the installation and maintenance of the storm water utility line. • Revisions shall be made to the grading and utility plans to the satisfaction of the City Engineer. • Driveway widths within the right-of-way of all lots abutting Emory Avenue shall be a maximum width of 14 feet. • The reconstruction of Pilot Knob Road and 152nd Street W. intersection is to happen at the time of development of the 2nd Phase. Ayes - 5 - Nays 0. B. Cobblestone Lake North Shore — Consideration of a Comprehensive Plan Land Use Map re-designation from "MD" (Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre), rezoning from Planned Development No. 703/zone 8 to CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 17, 2014 Page 4 of 6 Planned Development no. 703/zone 2B, and the subdivision of 4.9 acres into 22 residential lots, two (2) common lots and one (1) outlot. (PC14-30-PZS) LOCATION: Southeast corner of Cobblestone Lake Parkway and Embry Path PETITIONER: South Shore Development, Inc. City Planner Tom Lovelace stated the applicant is requesting an amendment to the 2030 Land Use Map that would re-designate from "MD" (Medium Density Residential/6-12 units per acre) the outlot to "LD" (Low Density Residential/2-6 units per acre), with the proposed single-family development having an overall density of 4.5 units per acre. He reviewed the utility and landscape plans and the front elevation of the four design plans. The proposed development would meet the minimum area requirements as well as the minimum building setbacks set forth in zone 2 of the planned development. No new subzone would need to be created. There is currently a raised center median in Cobblestone Lake Parkway that would restrict access to the site to a right in/right out turning movements only. The applicant has stated that they would be removing the median at the two intersections to allow for full movements at each location. Cobblestone Lake Parkway has recessed parking that would be impacted by the private street intersections. Curb modifications along the south side of Cobblestone Lake Parkway would need to be made at those locations. The City Engineer has reviewed the grading and utility plans and revisions should be made per the City Engineer's comments. Jacob Fick, Traditional Development, introduced himself and was available for any questions. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the amendment to the 2030 Land Use Map to re-designate Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from "MD" (Medium Density Residential/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre). Ayes - 5 - Nays — 0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the rezoning of Outlot C, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No. 703/zone 8 to Planned Development No. 703/zone 2. Ayes - 5 - Nays — 0. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, recommending approval of the COBBLESTONE LAKE NORTH SHORE Preliminary plat, subject to the following conditions: • The plat shall be configured to have 22 residential lots, two common lots and one outlot. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 17, 2014 Page 5 of 6 • The dedication on the final plat of draining and utility easements within the plat sufficient to serve all units within the development, either as defined or blanket easements. • Installation of a five-foot (5') wide concrete sidewalk both sides of the private street contained within Outlot A. • The dedication of a one foot (1') wide easement that will restrict direct driveway access to Cobblestone Lake Parkway. • A private street, 28 feet wide shall be constructed within Outlot A • On-street parking along the private street shall be restricted to one side only. • The maximum width of a driveway at the street shall be 14 feet. • Sections of raised median in Cobblestone Lake Parkway, located adjacent to the private street intersections, shall be removed. • Curb modifications along the south side of Cobblestone Lake Parkway shall be made at the private street intersections. • Revisions shall be made to the grading and utility plans to the satisfaction of the City Engineer. • The three Crabapple species proposed on the landscape plan shall be replaced with a disease resistant species. • A final landscape plan and detailed landscape planting price list shall be submitted for verification of the City's 2 % landscaping requirement prior to issuance of the first building permit. Ayes - 5 - Nays — O. 7. OTHER BUSINESS A. Springs of Apple Valley Apartments — Sketch plan review of a proposed amendment to the 2030 Land Use Map from "C" (Commercial) to "HD" (High Density Residential/H-12 units per acre), rezoning and zoning code amendments, and site plan/building permit authorization to allow for 14-building/280-unit apartment complex on 21 acres, located at the northwest corner of 147th Street West and Flagstaff Avenue, By Continental 313 Fund LLC. City Planner Tom Lovelace noted Outlot B, FISCHER MARKET PLACE is currently guided "C" (Commercial). The proposed development is not consistent with the current designation and a re- designation of the outlot to "HD" will be required. The two outlots are located in two planned development zoning districts. Outlot B, WENSMANN 13TH ADDITION is located in "PD -746 /zone P. This planned development zone allows for townhomes and condominiums as permitted uses at a maximum density of 16 units per acre. Apartments are not allowed. Outlot B, FISCHER MARKET PLACE is located in "PD- 646 /zone 3". This planned development zone allows for a variety of general business and some limited retail uses. Apartments are not allowed. Any approval of this project would require a rezoning of the properties. No preliminary plat has been submitted. The subject properties are currently platted as outlots. A replatting of the outlots into lot(s) would be necessary before any development could occur. The developer has not indicated how they are going to replat the property. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 17, 2014 Page 6 of 6 He reviewed the plans for 168 detached and 112 attached garage spaces, and 284 surface parking spaces. Discussion followed. B. Review Thrive 2040 Transportation and Housing Policies. Community Development Director Bruce Nordquist stated the "Thrive 2040" is the decennial regional development guide being developed by the Metropolitan Council. On September 3, the Planning Commission was introduced to the Guide. On September 17, staff observation was shared of the draft Housing and Transportation policies distributed this summer. A public comment period for both policies is open during the month of September and the City Council will consider similar information on September 25. C. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, October 1, 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 Diekmann to adjourn the meeting at 8:59 p.m. Ayes - 5 - Nays - 0. ectfully Submitted, n Murphy, Planning Depa ent Assistant Approved by the Apple Valley Planning Commission on City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5A October 1, 2014 Public Hearing PROJECT NAME: Caribou Coffee Drive-Thru Window CUP PROJECT DESCRIPTION Caribou Coffee, 14638 Cedar Avenue, requests a conditional use permit, variance, and site plan review building permit authorization to construct and operate a drive-thru window in connection with a Class III restaurant in PD-290, Zone 4 STAFF CONTACT: Kathy Bodmer, Planner APPLICANT: Caribou Coffee Company, Inc. APPLICATION DATE: September 3, 2014 60 DAYS: November 1, 2014 DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: PC14-17-ZCB 120 DAYS: December 31, 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 Zoning/CUP: Caribou Coffee is located in the Cedar Marketplace development at 14638 Cedar Avenue. The property is zoned PD-290, Zone 4, which was recently amended to allow a drive- thru in connection with a Class III restaurant like a coffee shop. The zoning has performance standards which must be addressed in order to obtain a conditional use permit. Caribou proposes to address potential impacts to adjacent properties by installing an eight foot (8') tall masonry wall and extensive landscaping. Site Plan: A total of three parking spaces would need to be removed to install the drive-thru. A more compact drive-thru loop was designed to reduce impacts to the parking lot. The proposed 8' tall by 64' long masonry wall is proposed to be constructed along the north property line. A shadow study indicates that the wall will not cast shadows on the adjacent building. An access easement exists in this location through the parking lot to Glazier Avenue. The easement will need to be amended to allow the drive-thru. Noise Study: The petitioner hired a noise consultant to study how noise from the drive-thru might impact the townhouses to the north. The study found that most of the time, sound levels from vehicles on Cedar Avenue will mask the sound levels at the order board or pick up window. However, when there is little or no noise on Cedar, audible sound may be detected. The study recommends that the existing 6' tall privacy fence be replaced with an 8' tall solid fence or sound barrier of 1/4" wood plank or denser material to mitigate potential noise. Based on the findings of the noise study, Caribou plans to construct an 8' tall x 64' long masonry wall which will provide additional sound mitigation. Hours of Operation: The City's definition of a Class III restaurant limits hours of operation from 6:00 a.m. to 11:00 p.m. The City may wish to further limit the drive-thru hours to be consistent with the noise ordinance which prohibits noisy activities like construction and use of power tools between the hours of 10:00 p.m. to 6:00 a.m. Before 6:00 a.m. and after 10:00 p.m. customers could be required to park and walk inside the restaurant to place their orders. Loss of Parking: A variance is requested for the number of parking stalls removed in connection with this project. Approximately three parking spaces would be lost as a result of the construction of the drive-thru. The petitioners state that many of their customers currently park and then pick up their coffee and that a drive-thru would help to decrease the demand for parking. Staff has recently learned that a 60-seat fast-casual restaurant is expected to occupy half of the former Archiver's space, which will increase parking demand significantly in the shopping center. A condition of the ordinance allowing a drive-thru requires that the petitioner ensure that all parking requirements are met. Budget Impact None. Attachment(s) 1. Location Map 2. Zoning Map 3. Area Map 4. Survey 5. Site Plan (w/Shadow Study) 6. Demolition Plan/Grading Plan 7. SWPP Plan 8. Landscape Plan 9. Petitioner Responses to Glazier THs Questions 10. Noise Study, David Braslau 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 1A638 Cedar Avenue Lot 2, Block 1, CEDAR MARKETPLACE ADDITION C-Commercial PD-290, Zone 4 Platted lot. Multiple tenant retail Parcel - 4.19 acres Flat Urban landscape NA NORTH SOUTH EAST WEST Caribou Coffee Drive-Thru PROJECT REVIEW Glazier Avenue Townhomes Comprehensive Plan Zoning/Land Use Cedar Marketplace/Applebee's Comprehensive Plan Zoning/Land Use Garrett Square Condominiums Comprehensive Plan Zoning/Land Use Paul's /Kennedy Transmission Comprehensive Plan Zoning/Land Use LD-Low Density Residential (0-6 units/acre M-5C-Multiple family (6-10 units/acre) C-Commercial PD-290, Zone 4 HD-High Density Residential (12+ units/acre M-8C-Multiple Family (12-24 units/acre) C-Commercial RB-Retail Business (Pete's)/GB-General Business (Kennedy) Comprehensive Plan: The comprehensive plan guides the development of this site for "C" (Commercial) uses. The Comprehensive Plan states that buffering of residential areas is necessary "to preserve vitality, social interaction and cohesiveness:" The Comp Plan states that appropriate buffering techniques include the use of landscape materials, berms, distance, fencing, site and building orientation and other design orientation methods. The Comp Plan further states that as a "guiding principle" the portion of buildings containing a drive-up facility may not be located adjacent to residential uses. However, if the petitioner is able to address all of the potential impacts, the proposed development may provide improved screening and buffering, which would benefit the townhome neighborhood to the north. Zonin The Caribou Coffee is located within Planned Development No. 290, Zone 4. The zoning district was recently amended to allow a drive-thru window in conjunction with a Class III restaurant by conditional use permit, provided certain performance standards are met: * 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 and shall be mitigated as required by the City. • 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. Preliminary Plat: Not required. Site Plan: The drive-thru lane is proposed to be constructed on the west side of the building in the area where the parking lot and former drive access to Cedar Avenue are located. A total of three parking spaces would be removed along with the former driveway stub. Vehicles would enter the west drive-thru lane, then proceed north and circulate clockwise around the loop so that they end up southbound on the west side of the Caribou building. Once in the lane, there is no by-pass lane provided. An 8' tall by 64' long masonry wall would be constructed along the north property line to provide screening and help absorb noise. 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. Site Plan Issues: • Loss of Parking Requires a Variance. Approximately three parking spaces would be lost as a result of the construction of the drive-thru. The petitioners state that many of their customers currently park and then pick up their coffee and that a drive-thru would help to decrease the demand for parking. A parking analysis for Cedar Marketplace done in 2011 showed that the center is currently 6.2 spaces short of the required number of spaces. Losing three more parking spaces would result in a total deficiency of 9 spaces for the shopping center which is a concern. A condition of approval of the project should include the execution of a proof-of- parking agreement which locates possible additional parking spaces that could be added to the site if needed. In addition, an employee parking plan may help to ensure convenient parking is available for customers. • Impacts to Glazier Townhomes. The drive-thru lane would be located approximately 35' from the nearest townhome building to the north. Negative impacts associated with drive-thru lanes include vehicle emissions, noise from outdoor speakers, noise from idling vehicles and headlights. Noise Study Findings: The petitioner hired a noise consultant to study how noise from the drive-thru might impact the townhouses to the north. The study made the following findings: A Cedar Avenue has a traffic volume of approximately 50,000 average daily trips (ADT) in this location. A Sound levels at the order board and pick up window will be below ambient noise levels most of the time. A When there is little or no noise from Cedar Avenue, there is a possibility of audible sound from speakers at order board and pick up window. A An improved 8' tall solid fence or sound barrier of 3/4 wood plank or denser material is recommended to mitigate potential noise. Neighbor Issues/Concerns: Staff met with the representatives of the Dakota County Community Development Agency who manage the Glazier Family Townhomes development on May 14, 2014. The representatives raised questions concerning grading, stormwater drainage and types of vegetation that will be used. Caribou's architect prepared response to these questions which are attached to the report. Grading Plan: The site is flat so grading will be minimal. Spot elevations are needed along the masonry wall to ensure the north part of the site drains from east to west and not to the north to the adjacent townhome neighborhood. Elevation Drawings: Elevation drawings have not been provided. Changes to the exterior of the Caribou building are expected to be minimal as a result of the installation of a drive-thru window. The Elevation Drawings would be reviewed in detail in connection with the Site Plan review. Landscape Plan: The landscaping plan shows that Caribou intends to plant a variety of evergreens and deciduous trees and shrubs to help absorb sound in the drive-thru area. The planting plan shows that the value of the landscape plantings will exceed the minimum 2-1/2% value requirement. Availability of Municipal Utilities: N/A. No changes proposed to the utilities. Street Classifications/Accesses/Circulation: • Cedar Avenue (Principal Arterial Roadway - 200' ROW, 98' 6-lane street with center median and turn lanes). A former right-in, right out driveway access to Cedar Avenue from the Cedar Marketplace property was removed from the northwest corner of the site in connection with the upgrade of Cedar Avenue. There is a 30' wide east-west access easement between Cedar Avenue and Glazier Avenue that was dedicated in connection with the approval of the Cedar Marketplace plat. The easement will need to be amended to allow for a drive-thru. Pedestrian Access: The Caribou Coffee is just over 200' from the 147 Street Red Line station platform. Ensuring pedestrian and bicycle access between the transit station and the Cedar Marketplace building is an important consideration. Caribou proposes to construct a pedestrian connection from the south side of the outdoor patio, through the south end of the drive-thru loop, and provide a connection to the trail on Cedar Avenue. Public Safety Issues: No issues identified other than ensuring fire exits are not blocked and pedestrian safety is ensured. Public safety will be reviewed in more detail in connection with the Site Plan Review if the City approves an amendment to the PD zoning district. Recreation Issues: N/A 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. 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I I ; 1 1 1 1 1 1 1 Hal i 1 1 ill r 1r414:::" IA ri 1 I b it N 9h 1 4 110 i 1 11 1 1 , 1 1 i li z i 1s 1 : 1 1 : 1 1: 1 : 1 F4' i ! bdi I! ihli b lir% gilhOi POP li ti! 1 !I h i 1 It411 4 Hg Al: 01 0 HP ,, ,/ , 1 11 . / q 1 v l ii 4h T 411 Wi TO h i 11 " 0 -4 Response Letter 28 MAY 2014 ILKUS Caribou Coffee, Drive-Thru, Apple Valley, MN Items below are responses to questions from a meeting that Kathy Bodmer had with Dakota County CDA, property owner of the residential property to the north. Responses are from Caribou except when referring to architectural documents and when noted that Landlord is responding. 1. Comment: What will be the hours of operation? Like the idea of restricting to similar to noise ordinance: max 6:00 a.m. to 10:00 p.m. Response: It would be Caribou's preference to have the ability to offer business through the Drive-thru beginning at 5:30 AM and stay open until 11:00 PM Saturday and Sunday. 2. Comment: Concerned about screening of headlights. Response: A site section has been added to the site plan sheet showing relationship of cars with wall and landscaping showing the headlights will be screened. 3. Comment: Cross section drawing(s) needed to confirm:±leadlights will be blocked by wall and landscaping and Shadows resulting from wall won't block sunlight of townhomes. Response: Again, a site section has been added to show that headlights will be screened. The site section also shows the extent that shadows will extend onto property from the wall. This is also shown on the site plan. 4. Comment: Prefer more evergreens between drive-thru lane and wall to ensure year- round screening of headlights. Response: The site section shows that the wall, being a solid wall, can screen headlights year round. What is the recommendation if more evergreens are still preferred? 5. Comment: How will snow removal be done? Plans should identify snow storage location. Need to ensure water run-off from snow storage does not drain towards the townhomes. Response: (from LL) Snow removal would be done with a snow blower attachment and will be moved with a skid loader. Snow is stored in the far northeast corner of the property in the back lot. Who does the townhouse property use for snow removal and what are their limitations on when they can complete their work? We can make the necessary accommodations with our hired contractor. 6. Comment: When will trash pick-up and plowing occur? Concerned about noise and www,wilkusarch.corn 11487 Valley View Road infoPwilkusarch.corn Eden Prairie, MN 55344 P: (952)941866O F: (952) 941-2755 WILKUS activity before 6:00 a.m. Response: (from LL) Trash pickup, as well as the location of the trash enclosure will not change and will continue as it has been since 2000. There is one enclosure for that building and it is on the east end of the building. We use Republic Services and nothing would change at this point. 7. Comment: Supports City's construction standard of limiting construction hours to 7:00 a.m. to 7:00 p.m. Mon-Fri and 8:00 a.m. to 5:00 p.m. Saturdays. Response: We can agree to this one for the work in the Drive-Thru. Work will also be performed on the inside of the store, which we assume does not have to comply with this requirement. 8. Comment: Safety of the children is a concern because the Glazier Townhomes development is a family townhome development. Response: This is a pretty broad statement which I don't know how to address. Did City staff have any suggestions? 9. Comment: What will the design of the exterior of the wall be? Like idea of covered with ivy. Response: Wall will be constructed with masonry and detailed similar to building. The preference would be to stay away from any form of planting due to a number of reasons such as maintenance and repair, upkeep, life cycle to name a few. 10. Comment: Lighting —shoe box light fixtures are needed to ensure light cut-off. Response: All lighting is existing, one pole needs to move eastward to clear location of drive. 11. Comment: Another item for Caribou raised by City staff is this: would Caribou consider placing public art in the middle of the drive-thru loop landscape area? The City could investigate opportunities for funding of public art. It might be a unique and fun feature for the site. Something to discuss. Response: Will the artwork be a permanent fixture such as a sculpture or statue? We may be open to discussing this item if Caribou and/or their landlord is not burdened with the expense of the investment and the upkeep and as long as Caribou and/or their landlord has the right to review and approve the artwork that is proposed for the area. www,wilkusarch.corn 11487 Valley View Road infoPwilkusarch.corn Eden Prairie, MN 55344 P: (952)941866O F: (952) 941-2755 MEMORANDUM TO: Duane Perry FROM: David Braslau RE: Caribou Coffee — Apple Valley, MN — Drive Thru Noise Assessment Summary of Findings david braslau associates, incorporated 6603 Queen Ave So. • Suite N • Richfield, MN 55423 telephone: 612-331-4571 • fax: 612-331-4572 30 April 2014 Sound levels were monitored near the north property line at the Apple Valley location from 3 pm until 8:30 am to establish an existing sound environment. Early morning observations and sound level measurements were also made at an existing drive-thru at the Brooklyn Park location. Sound from the order point and pickup loudspeakers was identified as the most likely sources to have an adverse impact on the adjacent apartment building in Apple Valley. Sound levels were then estimated for the order point and pickup locations in Apple Valley and found to be below the existing ambient level and well below state noise standards. Engine or exhaust noise from observed vehicles in the Brooklyn Park drive-thru was very low and mostly masked by highway noise. An improved 8 foot solid fence or sound barrier is nevertheless recommended as a replacement to the existing fence in Apple Valley to mitigate potential noise from vehicles immediately adjacent to the property line. If headlight impact is to be minimized, the fence would probably have to be approximately 14 to 15 feet high. This memorandum presents findings of our noise assessment of the proposed drive-thru at the Caribou Coffee facility located at 14638 Cedar Avenue in Apple Valley, Minnesota. Location of the facility is shown on the aerial photograph in Exhibit 1. Existing Background Sound Levels in Apple Valley Background sound levels were monitored over a 17.5 hour period (Tuesday 3 pm 22 April to Wednesday 8:30 am 23 April) that included the quietest time period the day and therefore, the most critical time for potential noise impacts from the proposed drive thru. The readings reflect sound levels primarily from traffic on Cedar Avenue which is a designated state highway and a major commuting arterial. The daily volume in 2011 was 45,000 and could be approaching 50,000 in 2014. Location of these background readings are shown on Exhibit 2. The most critical time for potential noise impact from the drive-thru is between 5 am when the drive-thru opens and is within the nighttime Minnesota noise standard, and 7 am, the nighttime period ends. The monitored 1-second average Leq (average sound levels) between 5 and 7 am are shown on Exhibit 3. The density of traffic is fairly constant during this period with the average sound level increasing from about 55 dBA at 5 am to 60 dBA at 7 am. y:\j obs\2014jobs\21401 1\report\caribou-coffee-noise-assessment.doc Caribou Coffee — Apple Valley, MN — Drive-thru Noise Assessment Page 2 Observations from an Existing Drive-thru in Brooklyn Park To provide some background information, observations and sound levels were taken at the Brooklyn Park Caribou Coffee location (Colorado Lane North adjacent to Zane Avenue). This location was identified by Jerry Roper, Caribou Coffee, as having a somewhat similar layout. The sound meter was located approximately 15 feet from the entrance roadway and 25 feet from the intercom loudspeaker. Vehicles provided some limited shielding of the loudspeaker at the meter for cars and less with SUVs, but the effect did not appear to be significant. The sound level meter location is shown on Exhibit 4. The order point intercom and pick up locations are identified on the aerial. Sound levels from vehicles were quite low, generally close to idle, although several vehicles were observed with more rumbly exhaust systems. No motorcycles or cars with a pronounced exhaust sound were observed and could be louder, although close to idle, these levels are likely to be close to background noise from Zane Avenue. The most obvious sound associated with the drive-thru was from conversations at the order point loudspeaker, with less conversation at the pickup. Because of the background noise from adjacent Zane Avenue, identifying drive-thru vehicle and related loudspeaker sound is challenging. Traffic volume on Zane Avenue in 2011 was report at 17,000 vehicles per day.The one-second sound level time history at Brooklyn Park is shown on Exhibit 5. This shows a similar increase as in Apple Valley although the range in sound levels is smaller there. To help identify sound associated with the drive-thru, primarily speech from loudspeakers, since vehicle noise was essential at background levels, the sound level spectra are compared. Sixty one-second "background" sound level spectra for the minute 6:02 to 6:03 am, during which the drive-thru was unoccupied, are shown on Exhibit 6. The peaks at 31.5 Hz represent engine noise from vehicles on Zane Avenue while the peaks at 1000 Hz represent tire/pavement noise. Sixty one-second sound level spectra for the minute 5:55 to 5:56 am, with two vehicles and audible loudspeaker usage, are shown on Exhibit 7. Differences between the background and occupied drive-thru spectra are primarily between the 500 Hz and 2000 Hz octave bands. While not all of this can be directly related to the loudspeaker, the typical voice spectrum for a female, who was handling the takeout when readings were taken, lies somewhere near this range. The 500 Hz time history is shown on Exhibit 8. One might imagine that the denser curves when loudspeaker talking was observed could be related to the loudspeakers. These state noise standard are expressed in terms of L10 (level not to be exceeded for 10% of an hour and L50 (level not to be exceeded for 50% of an hour). While the one-minute L10 values shown on Exhibit 9 are only a surrogate for the hourly standard, they do show that, even when vehicles are present, the L10 is not likely to exceed 62 dBA. Evaluation of Potential Drive-thru Impact in Apple Valley The proposed drive-thru is superimposed in Exhibit 10 on an aerial photograph at the Caribou Coffee location in Apple Valley. This exhibit shows the close proximity of the drive-thru relative to the adjacent apartment complex, and identifies locations of the order point and pickup loudspeakers. The distance from the loudspeakers to the apartment building are greater than the monitored distance described above, so adjusted for distance, the order point (1-minute L10) level is estimated to be 51 dBA at the apartment building while the pickup level is estimated to be 56 dBA at the apartment building. yAjobs\2014jobs\214011\report\caribou-coffee-noise-assessment.doc Caribou Coffee — Apple Valley, MN — Drive-thru Noise Assessment Page 3 On Exhibit 11 these levels are plotted against the monitored 1-minute L10 level between 5 and 7 am at the Apple Valley location and seen to fall well below the existing ambient level when the drive thru is in operation .The levels would also be well below the state noise standards for the adjacent residential property. While it is difficult to estimate potential impacts from vehicle-related noise, it is recommended, because of the proximity of the drive-thru to the adjacent apartment building, that the light- weight wood fence between the properties be replaced with a 3/4' wood plank (or denser material) with no air gaps at least 8 feet high or higher if within zoning guidelines. This would provide some reduction in vehicle noise which is not really provide by the existing fence. If shielding of headlights is provided, a wall height of approximately 14 feet may be needed. The findings here do not exclude the possibility of audible sound from the drive-thru when there is little or no noise from Cedar Avenue or other sources. Speech could be audible, even if 15 dBA below the ambient dBA level, depending upon speech content and background spectrum. Vehicles with loud audio systems, especially very high boomy base, that can be heard a block or so away, could be problematical. However, under normal operation and traffic volumes on Cedar Avenue, and typical vehicles accessing the drive-thru, sound level are expected to be well below state noise standards and usually masked by traffic noise from Cedar Avenue. [Note: Full report with attachments available in the Community Development Department.] y:\j obs\20 14jobs\21 401 1 Veport\caribou-coffee-noise-assessment.doc Bodmer, Kathy From: Sent: To: Subject: Kathy, Thank you for the update. Anna From: Bodmer, Kathy [mailto:KBodmer@ci.apple-valley.mn.us] Sent: Friday, September 26, 2014 9:27 AM To: Anna Judge Subject: FW: Caribou Coffee Drive-Thru Response letter Anna, Caribou received approval to amend Planned Development No. 290, Zone 4, to allow a drive-thru at Cedar & l47 Street. They are now applying for the conditional use permit (CUP) to construct the drive-thru. The public hearing for the CUP is scheduled for the Planning Commission meeting next Wednesday, October 1, at 7:00 p.m. The CDA was mailed notice of the public hearing. The plans are attached for your information. You will note that the masonry wall was reduced from 10' to 8' tall. This is the same height as the wall on the east side of the building by El Loro's outdoor patio. Please contact me with any questions. Kathy Kathy Bodmer, MCP I Planner 1 City of Apple Valley 7100 — 147t Street \N., Apple Valley, MN 55124 Apple,, ati Vey (952) 953-2503 I kbodmer@ci .a le-valle .mn.us Anna Judge <AnnaJudge@dakotacda.state.mn.us> Friday, September 26, 2014 10:30 AM Bodmer, Kathy RE: Caribou Coffee Drive-Thru Response letter From: Anna Judge [mailto:AnnaJudge©dakotacda.state.mmus] Sent: Monday, June 02, 2014 9:07 AM To: Bodmer, Kathy Subject: RE: Caribou Coffee Drive-Thru Response letter Kathy, Thank you for this information. It appears that they have responded to all our questions regarding this project. Regarding question #8 about the children, the CDA just wants them to be mindful of the fact that there are a lot of children that reside next door and that they should take all precautions knowing this, such as construction fences, etc. 1 At this point, I do not believe there is anything else that the CDA would request from them. Anna Anna Judge Director of Property Management Dakota County Community Development: Agency 651-675-4501 www.dakotacda.org From: Bodmer, Kathy [mailto:KBodmer@ci.apple-valley.mn.us] Sent: Wednesday, May 28, 2014 4:06 PM To: Anna Judge Subject: FW: Caribou Coffee Drive-Thru Response letter Anna, For your reference, attached is a letter from Caribou discussing the questions and concerns that were raised at our meeting of May 14. I've attached the newest site plan that shows a shadow study which illustrates that a 10' high wall will not cast shadows on the townhomes if the buildings are 25' from the property line. It appears that the buildings are 25' from the property line, but we do not have surveys on file to verify. Feel free to contact me with any outstanding concerns or issues. This item will be reviewed by the Planning Commission at their June 4, 2014, meeting. Kathy From: Duane Perry [mailto:dlp@wilkusarch.com] Sent: Wednesday, May 28, 2014 3:53 PM To: Bodmer, Kathy; Jerry Roper Subject: Caribou Coffee Drive-Thru Response letter Kathy, Kathy Bodmer, AICP 1 Planner City of Apple Valley 7100 — 147 Street \AL, Apple Valley, MN 55124 (952) 953-2503 kbodmerci.apple-valley.mn.us Attached is a response letter to each of the comments from your meeting with Dakota County CDA. I'm still working on the headlight screening information. Duane Duane Perry, AIA, CID WILKUS ARCHITECTS 11487 Valley View Rd., Eden Prairie, MN 55344 TI (952) 843-5058 FI (952) 941-2755 2 Website 1 Map' Email' Send Us Files FOLLOW WILKUSITwitterlFacebookiLinkedin 3