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HomeMy WebLinkAbout2023-08-16 Agenda Packet M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 August 16, 2023 PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A 7:00 P M 1.Call to Order 2.Approve Agenda 3.Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A.Approve Minutes of August 2, 2023 Regular Meeting 4.Public Hearings 5.Land Use / Action Items A.Eagle Pointe 2nd Addition - PC23-22-SF C onsider subdivision by preliminary plat and site plan review/building permit authorization to subdivide the second phase of the Eagle Pointe development consisting of 11 villa lots and 19 townhome lots for a total of 30 dwelling units on the 10.3-acre site. LO C AT IO N: Northwest corner of Garden View Drive and 140th Street West PET IT IO N ER: Eagle Pointe, LLC. B.Frykman Impervious Coverage Variance - PC 23-23-V C onsider variance to increase the impervious surface coverage on the subject residential lot from 35% to 42.2% to allow construction of a 12' x 28' (336 sq. ft.) third garage stall. LO C AT IO N: 13511 Granada Ave PET IT IO N ER: Teri Frykman C.12787 Durham Way Impervious Surface Variance C onsider an 18.91% impervious surface variance within the Shoreland Overlay zone where the maximum permitted impervious surface is 25% and 43.91% is proposed. LO C AT IO N: 12787 Durham Way PET IT IO N ER: Alexis and Scott Mckague 6.Other Business A.Review of Upcoming Schedule and Other Updates Planning Commission - Wednesday, September 6, 2023 - 7:00 p.m. Planning Commission - Wednesday, September 20, 2023 - 7:00 p.m. C ity Council - T hursday, August 24, 2023 - 7:00 p.m. C ity Council - T hursday, September 14, 2023 - 7:00 p.m. 7.Adjourn Regular meetings are broadcast, live, on C harter C ommunications C able C hannel 180 and on the C ity's website at www.applevalleymn.gov I T E M: 3.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:August 16, 2023 S E C T I O N:Consent A genda Description: A pprove Minutes of A ugust 2, 2023 Regular Meeting S taff Contact: B reanna Vincent, Department Assistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve minutes of regular meeting of August 2, 2023. S UM M ARY: T he minutes of the last regular Planning Commission meeting is attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES August 2, 2023 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, David Schindler, Becky Sandahl Member(s) Absent: Keith Diekmann, Jeff Prewitt, Phil Mahowald City staff members attending: City Planner Kathy Bodmer, Planner Alex Sharpe, Community Development Director Tim Benetti, Assistant City Engineer Evan Acosta, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Kurtz asked if there were any changes to the agenda. – None. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 4 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of June 21, 2023 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the minutes of June 21, 2023. Roll call vote: Ayes - 4 – Nays – 0. 4. PUBLIC HEARING A. Eagle Pointe 2nd Addition Chair Kurtz opened the public hearing. Planner Bodmer provided a brief presentation. Commissioner Scanlan asked if the streets were public or private. Planner Bodmer stated that the streets are private. Commissioner Scanlan asked how parking is setup. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 2, 2023 Page 2 of 5 Planner Bodmer stated that the street width is 28’ and the City Engineer and City Planner at the time decided to not allow on-street parking due to the width of the street and the fact that there is only one access point into the development. The only visitor parking is driveways and the parking areas. There are 12 total visitor parking spots so there would need to be one more grouping. Commissioner Scanlan stated that parking could become an issue if a homeowner is having a party and can also make emergency services difficult to navigate into the area if on-street parking were allowed. The extra parking spaces will be important. Commissioner Scanlan asked what is missing from the combustible materials on units 12- 16. Planner Bodmer stated that staff would like to see the same treatment on the side and rear of the units. It helps to break up the façade and add interest. Chair Kurtz asked if porches were discussed in the initial meetings for phase 1. Planner Bodmer deferred to the developer to answer this. Chair Kurtz stated that the height is important and that she is not in favor of adding the 3 units as this was already discussed as part of phase 1 and should have been brought forward in the initial plans. Planner Bodmer stated that the number of units would go from 77 to 80 and would bring the density from 4.0 units per acre to 4.2 units per acre. Chair Kurtz said that from the perspective of the residents, the initial plans were made to appease everyone and is unfair to change now. Commissioner Sandahl agreed with Chair Kurtz that units should not be added. Commissioner Sandahl also stated that she did not remember being told that there would be a phase 2 in the initial meetings. She also stated that these townhomes are closer to the streets than the other units. Commissioner Scanlan asked what the space was originally designated as. Planner Bodmer said it was open space. Commissioner Scanlan pointed out that there are no easy parking spots for some of the middle units. Commissioner Schindler asked if the distance from 140th St. W. is still appropriate. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 2, 2023 Page 3 of 5 Planner Bodmer stated it meets the setback requirements. Commissioner Schindler stated that he did not like when things were added after the fact and wondered why this was not planned for initially. Planner Bodmer stated that the City worked with the developer on the design of the ponding because some City water uses those ponding areas. Staff can bring more information at the next meeting. The developer, Matt Olson (Brandl Anderson Homes), said that in the initial plans, they had been told that the development would need oversized ponding due to the excess amounts of stormwater coming to the site. The City Engineer was able to find an alternative remedy by using oversized piping that runs under 140th to move the water offsite which then gave them the opportunity for additional space for more units. Assistant City Engineer Evan Acosta stated that the City and Brandl Anderson worked together to invest City funds into mitigating stormwater that was coming in from surrounding neighborhoods. Shortly after the first site plan meeting, the City had been investigating options for mitigating the water that would remove some of the burden from the developer. Mr. Olson stated that the variance is for the stone material on all four sides of the units. There is roughly a 10’ drop in elevation from Gardenview Dr. to the foundation of the units and there will be a retaining wall that backs up to Gardenview to there will be limited visibility of the façade. Chair Kurtz asked if there were any questions or comments from the public. Resident, Carole Elfstrum (8580 136th Ct.), said that she is not in favor of the additional units. Mrs. Elfstrum understands the opportunity for the developer but from a neighborhood perspective, it really changes the whole look of the development. Commissioner Scanlan advised that one possible option would be to add in 2 units instead of 3 and then to use the additional space to add in parking. 5. LAND USE A. NE Corner of Gossamer Way and 138th St. W. Setback Variance Planner Sharpe provided a brief presentation. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 2, 2023 Page 4 of 5 Chair Kurtz asked if the lot would be brought down since the lot next door is very low and would overlook it. Planner Sharpe stated that there may not be the ability to bring the lot down due to the depth of the sewer in the roadway. The ability to sink the lot is what the applicant was hoping to do with the U-shaped retaining wall shown in the plan. This may limit the amount of yard usable and drainage issues but these concerns are not part of the variance request as these are Code issues. Commissioner Scanlan asked if there were pictures of the neighboring site. He also asked if there was a retaining wall currently on the site. Planner Sharpe said there is not a retaining wall currently. The lots go up and down in elevation. A significant amount of the site has already been removed. There are some challenges on the site, but they are outside the scope of the variance. Commissioner Scanlan asked if there is a preference from the City on how the home is built. Planner Sharpe said that the front would need to be off 138th. Staff believes that if the variance is granted, the other issues could then be worked on. Commissioner Sandahl asked what the purpose of the setback is. Planner Sharpe stated that it is a combination of site lines, but also neighborhood character and the difficulties of a corner lot. Land is used as a buffer from busy roadways. The builder, Tony Brown, was present for questions. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a 10’ street side yard setback variance from a 30’ setback to a 20’ setback. Roll call vote: Ayes – 4 – Nays – 0. 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, August 16, 2023, 7:00 p.m. The next City Council meeting is Thursday, August 10, 2023, 7:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 2, 2023 Page 5 of 5 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to adjourn the meeting at 7:53 p.m. Roll call vote: Ayes – 4 – Nays – 0. Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 8/16/2023 . Jodi Kurtz, Chair I T E M: 5.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:August 16, 2023 S E C T I O N:L and Use / Action I tems Description: E agle Pointe 2nd Addition - P C23-22-S F S taff Contact: K athy Bodmer, A I C P, City Planner Department / Division: Community Development Department Applicant: E agle Pointe, L L C P roject Number: P C23-22-S F Applicant Date: 7/5/2023 60 Days: 9/3/2023 120 Days: 11/2/2023 AC T I O N RE Q UE S T E D: Staff recommends approval of the requested development with the following motions: 1. Recommend approval of the subdivision by preliminary plat of Eagle Pointe A pple Valley 2nd Addition to create a total of 30 villa and townhome units subject to the following conditions: 1. T he property owner shall execute a development agreement prior to the review and approval of the final plat of Eagle Pointe Apple Valley 2nd Addition. 2. Park and ponding dedication shall be in accordance with the requirements set forth in Section 155.29 of the C ity's subdivision control chapter and all other applicable city ordinances. 3. Dedication on the final plat of a blanket drainage and utility easement over and across all of the parcels containing the stormwater ponding areas and C ity utilities. 4. Dedication of a 16' trail easement abutting the east side of the pipeline easement providing private pedestrian trail connecting Hollybrook Way and Hollybrook Circle. 5. Right-of-way for 140th Street West and Garden View Drive shall be dedicated, which should include enough right-of-way for a right-tum lane on the north side 140th Street West at the private street intersection. 6. An easement or right-of-way shall be dedicated to allow for installation of eight- foot bituminous trail along the north side of 140th Street West. 7. Installation of pedestrian improvements in accordance with the C ity's adopted Trail and Sidewalk Policies, to consist of an eight foot (8') wide bituminous pathway along the north side of 140th Street West. 8. Dedication of a one foot (l') wide easement which restricts direct private street/driveway access to Garden View Drive. 9. Dedication of one foot (l') wide easement which restricts direct private street/driveway access to from 140th Street West, except at a C ity approved location. 10. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the C ity Engineer prior to the start of any land-disturbing activity. 2. Recommend approval of the site plan/building permit authorization to construct 30 villa and townhome units at the Eagle Pointe Apple Valley 2nd Addition subject to the following conditions: 1. Issuance of any building permits shall be subject to the approval and recording of the Eagle Pointe Apple Valley 2nd Addition final plat, development agreement and associated documents. 2. Construction shall occur in conformance with the site plan dated August 10, 2023; subject to final review and approval by the City Engineer. 3. All streets within the developments shall be signed "N O PA RKIN G". 4. Construction shall occur in conformance with the landscape plans dated J uly 8, 2021,(including sodded/seeded public boulevard area up to each street curbline ); subject to submission of a detailed landscape planting price list for verification of the City's 2.5% landscaping requirement at the time of building permit application. 5. No trees shall be permitted in public easements or right-of-way unless approved by the City Engineer. 6. No trees shall be permitted below the 100-year high water elevation of the stormwater ponds. 7. A final grading plan shall be submitted, which shall be reviewed and approved by the City Engineer prior to issuance of any building permits. 8. Site grading shall occur in conformance with a Natural Resources Management Plan (N RMP). 9. Final utility plans shall be submitted, which shall be reviewed and approved by the City Engineer prior to issuance of any building permits. S UM M ARY: Eagle Pointe, LLC , (Brandl Anderson Homes) requests subdivision by preliminary plat of Eagle Pointe Apple Valley 2nd Addition, a 10.3-acre parcel generally located on the northwest corner of Garden View Drive and 140th Street West. T he preliminary plat approved August 12, 2021, for the 10.3-acre area of Eagle Pointe Apple Valley, contained 27 total units, consisting of 11 villas and 16 townhome units. T he property owner requests consideration of a new subdivision that would add a 3-unit building on the southeast corner of the site, increasing the total number of units in phase two from 27 to 30. No other changes to the approved site design are proposed. Staff reviewed the development project file from 2021 and noted that the development plans reviewed by the Planning C ommission at its J une 2, 2021, and J une 16, 2021, meetings, showed a total of 31 units. A four-unit building was proposed southwest of the cul-de-sac, which was later removed from the plans when the Planning Commission made its recommendation at its J uly 21, 2021, meeting. As discussed, the petitioner was anxious to move forward with the first phase of the project while the specific details of the stormwater ponding and utility connections were resolved for the second phase. During the review and design of the preliminary plat of Eagle Pointe subdivision in 2021, the final configuration of the stormwater ponding areas along with utility locations was still being completed to serve the 2nd phase. T he developer sought to move forward with the first phase of the development with the lots that were outside of the ponding areas and unlikely to be impacted by the pond design and utility locations. Once the design of the storm water facilities and utilities was finished, the final determination was completed for the needed ponding capacity, which allowed the petitioner to advance an updated plan adding a 3-unit building while accommodating the needed stormwater management. B AC K G RO UND: Public Hearing: T he public hearing for Eagle Pointe Apple Valley 2nd Addition was held A ugust 2, 2023. T he following issues were raised by the public and the Planning C ommission: 1. C oncern that this development proposal is a change from what had been previously approved. Is the developer trying to trick the C ity and the neighbors by obtaining preliminary approval, then coming back and requesting more units later? Staff response: As discussed in the summary section, the developers initially planned to construct a 4-unit building in the space they are currently showing a 3-unit building. T he design process took time and the developer was anxious to move forward. T he developer opted to move forward with the first phase, complete the design of the stormwater ponding and utility connections, and then evaluate whether some of the units could be added back to the development. When the C ity reviews requests for a subdivision, it has less discretion if the plat meets the requirements of the Comprehensive Plan and Zoning C ode. T he process of redesignating the former par 3 golf course and then creating a zoning designation to address the issues identified by the Planning Commission and C ity C ouncil, was a long, difficult process. T he Planning C ommission and C ity C ouncil spent considerable time studying the best comprehensive plan and zoning for the new development. Adding a three-unit building increases the overall development density from 4.0 units/acre to 4.2 units/acre. In the case of the proposed subdivision, if the developer can accommodate a 3-unit building along with the required additional visitor parking without the need of a variance, the City would have a difficult time denying the request. 2. Visitor parking is a concern. Staff response: T he petitioner addressed this concern by adding three (3) visitor parking spaces to the phase two area. 3. Although the requested additional 3-unit building maintains a low density, the neighbors prefer the open space. Staff response: A s discussed above, if the requested subdivision meets the requirements of the C omprehensive Plan and Zoning Code, the C ity will have less discretion to deny the request. T he proposed additional three-unit building would increase the density on the overall development from 4.0 units/acre to 4.2 units/acre. T he density range for the zoning is 3 to 8 units an acre. As discussed above, the three-unit building would be located where a four-unit building was initially planned. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material Memo Map Plan S et Plan S et L etter PROJECT REVIEW EAGLE POINTE APPLE VALLEY 2ND ADDITION Existing Conditions Property Location: Northwest corner of Garden View Drive and 140th Street West Legal Description: Outlot A, EAGLE POINTE APPLE VALLEY Comprehensive Plan Designation LDF – Low Density Flex Residential Zoning Classification LDF – Low Density Flex Residential Existing Platting Lot platted as outlot; second addition subdivision under review. Current Land Use Disturbed former private golf course Size: 10.3 acres Topography: Varied/rolling Existing Vegetation Disturbed grasses, weeds and volunteer plantings. Other Significant Natural Features None. Adjacent Properties/Land Uses NORTH Cobblestones 1 Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3-Single family residential, min. lot 11,000 sf SOUTH Palomino Lakeside Meadows Townhomes, Twin Homes Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use M-3C (Mult. Fam. 3-6 units/acres) and R-5 Two family residential EAST Wildwood 1st Addition Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use M-3C (Multiple Family, 3-6 units/acre) WEST Eagle Pointe Apple Valley Comprehensive Plan LDF-Low Density Flex Residential Zoning/Land Use LDF-Low Density Flex Residential Development Project Review 2040 Comprehensive Plan: The property was redesignated to "LDF" (Low Density Flex) residential on December 22, 2020, which allows for a range of housing types with a density of between three (3) and eight (8) units per acre, subject to the following:  Only one-family or two-family buildings may be constructed on parcels abutting existing single- or two-family dwellings.  Maximum building height is two stories or 35'.  Densities may be increased in areas not directly abutting single-family and two-family dwellings, provided the overall density does not exceed eight (8) units/acre.  To allow for more efficient use of property and to protect natural resources, reduced lot sizes, flexible building setbacks and reduced roadway width will be considered as part of a "PD" (Planned Development) zoning designation. Zoning: The property is zoned "LDF" (Low Density Flex Residential), consistent with the 2040 Comprehensive Guide Plan. The LDF zone allows a variety of residential units including single family, two family, and detached and attached townhomes with a maximum density of eight (8) units per acre. The purpose of the zoning district is to provide a transition in housing density and styles between low density single-family and multiple-family areas by allowing a mix of housing types within the district. Preliminary Plat: The preliminary plat layout is consistent with the previously approved preliminary plat; the proposed second addition preliminary plat contains a mix of detached villa townhomes and attached 2-story townhomes. No change is proposed to the number of villa units. The number of villa units will remain at 11. The petitioner requests to increase the number of townhome units by three to allow one additional 3-unit townhome building, increasing the number of units from 16 previously to 19 proposed. In total the number of units would increase from 27 to 30 for phase two and from 77 total units to 80 total units for the overall Eagle Pointe Apple Valley subdivision. The density of the development is proposed to be increased from 4.0 units/acre with 77 total units to 4.2 units/acre with 80 total units. The density range for the LDF zoning district is 3 to 8 units/acre, so the requested addition is well within the density requirement. The City Engineer states that Lot 26 needs to provide adequate room for the City to access a storm sewer pipe. A minimum clearance of 20' will be needed between the two buildings (Lots 26 and 27). The petitioners show an angled drainage and utility easement which should address the engineer’s comment. Site Plan: No change is proposed to the approved site plan aside from the additional 3-unit townhome. The updated site plan will need to address two issues: Additional visitor parking spaces will be needed to account for the new units. There are currently 12 available, but 15 stalls are now needed. The length of the visitor parking stalls need to be extended from 18' to 18.5' to meet code requirements. Utilities: No change is proposed to the approved utility plans. The existing utility layout is sufficient to serve an additional 3-unit building. See Engineering memo for additional comments. Grading: Reviewed by the Assistant City Engineer. No significant outstanding issues. See Engineering memo for additional comments. Landscaping: The value of the landscape plant material is required to meet or exceed 2.5% of the value of the construction of the buildings. A nursery bid list will be required prior to construction of the first building in the development to confirm the requirement is met. Exterior Elevations: The exterior of the villas and townhomes is proposed to be a mixture of LP Smart Side siding products: lap siding, vertical board and batten siding, and shakes are all shown on the front elevations. LP Smart Siding is an engineered wood composite siding made up of treated wood strands combined with a resin binder for strength and durability. The front elevation is further enhanced with the addition of a cultured stone knee wall. Street Classification/Access/Circulation: No change to the street design is requested. The two primary roadways abutting the development are classified in the 2040 Comprehensive Plan as Major Collector streets. Garden View Drive is a 4-lane Major Collector with 80' wide right-of-way. 140th Street West is also a 4-lane Major Collector with right-of-way ranging between 80' to over 110' wide. The development is served by an internal private street accessed off of 140th St. W., managed and maintained by the homeowners' associations. Pedestrian Access: No changes to the approved pedestrian circulation plan is proposed. Trail will be installed along 140th Street West as part of the first phase of the development. Trail currently serves the west side of Garden View Drive. An internal private path is proposed along the east side of the pipeline easement that will connect Hollybrook Way on the north with Hollybrook Circle on the south side of the development. Parks/Recreation Issues: No new recreational issues identified. The development is approximately 1,000' from Sunset Park, a neighborhood park. The first phase of the Eagle Pointe Apple Valley development dedicated cash-in-lieu of land for the park dedication requirement. The new preliminary plat adds three units which would increase the number of residents who are expected to seek park and recreation opportunities in the City. Public Safety: No changes to the site are proposed that would impact public safety. Signs: No sign approvals are given at this time. No signs may be installed until a sign permit is issued. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: The public hearing for this item was held August 2, 2023. One neighbor spoke of a preference to not add the three-unit building, that she would prefer that the area remain open space. 1. Concerned that request is a change from what had been previously approved. Storm water solution made additional developable land available. 2. Visitor parking is a concern. 3. Although the requested additional 3-unit building maintains a low density, the neighbors prefer the open space. CITY OF MEMO Public Works TO: Kathy Bodmer, AICP, Planner FROM: Evan Acosta, Assistant City Engineer DATE: August 10, 2023 SUBJECT: Eagle Point Second Addition Preliminary Plan Review per plans dated 8/2/2023 General 1. There are no new additional comments since the July 28, 2023 Engineering Memo. CITY OF MEMO Public Works TO: Kathy Bodmer, AICP, Planner FROM: Evan Acosta, Assistant City Engineer DATE: July 28, 2023 SUBJECT: Eagle Point Second Addition Preliminary Plan Review per plans dated 5/19/2023 General 1. All work and infrastructure within public easements or right of way shall be to City standards. 2. Provide a narrative of how the buildings will be constructed and any impacts. The narrative shall include the following: • Shoring (if applicable) • Protection of public utilities within existing drainage and utility easements shall be protected at all times. • Material Storage. • Haul routes to and from the site. • Phasing 3. No construction work shall begin prior to a preconstruction meeting conference with a Public works and a Building Inspections representative. 4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours for any required water main shut downs and/or connections. 5. City of Apple Valley Water Department shall operate all valves on public owned mains and valves connecting private lines to public owned mains. 6. Benchmarks should identify vertical datum. TNH was used, no MnDOT monumentation. Permits 7. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits prior to construction. 8. Department of Labor and Industry (DOLI) shall review private utilities. 9. A right of way permit will be required for all work within public easements or right of way. 10. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. Site 11. Width of roadway shall not be less than 28’ measured from face of curb to face of curb in accordance with City Standard detail plates and Fire Marshall. 12. Include Auto turn drawing for service and emergency vehicles entering and leaving the site. 13. All retaining walls over 48” from bottom of footing to the top of wall shall be designed and certified by a structural engineer and submitted to building inspections for final approval. Retaining walls over 4’ will require a fence above the wall. Provide additional details and/or specifications for retaining wall block. Retaining walls shall be privately owned and maintained. Retaining walls are not allowed in drainage and utility easements without an approved encroachment agreement. 14. Label cul de sac radii on plans. 15. Grading within Northern Natural Gas Easement may require an encroachment agreement. 16. Street grades are shown less than 0.75%. 17. Greenspace should be sloped at 2% minimum 18. Retaining wall along Garden View Drive is close to existing sidewalk (not shown on plans). Include railing or fencing to protect sidewalk users. 19. A minimum easement width of twice the pipe depth should be provided over utilities. The storm pipe between lots 26 and 27 will not meet this requirement as shown. Storm Sewer, Grading. Drainage, and Erosion Control 20. Final Grading Plans shall be reviewed and approved by City Engineer. • The proposed grading plans are consistent with what was previously reviewed. 21. Final Storm water Management Plan shall be reviewed and approved by City Engineer. 22. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. • The proposed storm sewer sheets are consistent with what was previously reviewed. 23. Storm sewer calculations for storm water requirements have been previously reviewed for compliance with the City’s Stormwater Management Plan. 24. City Ordinance 152.55(B): Maintenance agreement for the proposed storm water management areas will be required and must be recorded. 25. Sumps will be required in structures within street prior to discharging into ponds 26. Infiltration should be protected with silt fence during site grading and road construction Sanitary Sewer and Water main • No Sewer and Water service plan was submitted with the plans dated 5/19/23. o Watermain and Sanitary Sewer plans prepared by City’s Engineering Consultant. o Final service locations and depths must be reviewed and approved by the City Engineer. Landscape and Natural Resources • The City encourages native plantings. Several of the proposed perennials and grasses contain cultivars (cultivated varieties of native plants that do not have the same benefits to pollinators and birds), indicated by the name x ‘variety’. Native plants would not contain the variety name in quotes. \ • The applicant must submit a Natural Resources Management Plan (NRMP) for individual lot construction. • Wetland permitting and stormwater management was reviewed as part of initial grading plan for this project. Buffers are required around ponding areas as described in the existing development agreement. • No trees will be permitted in public easements or ROW. SITE App le Valley Burnsville 1 4 0 T H S T W GA RDEN VIEW DR 135TH ST W H O L Y O KELN R E FLECTIONRD HOLYOKEPATH R I M R O CK DR 1 3 4 T H S T W 1 3 7 T H ST W 138TH S T W H U R O N C T HOLYO K E C T 136T H C T H E Y W O O D C T 138THST R E ET CT 135TH STW This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by EAGLE POINTE APPLE VALLEY 2ND ADDITION µ LOCATION MAP ^ LakeAlimagnet SITE C P P LD LD LD LD LD LD LD LD LD LD LD LD LD MD LD LD MD LD MD LD LDLD LD MD LD LD MD LD LD LD LD LD LDF LDF 140TH ST W M C A N D R E W S R D GARDEN VIEW DR PALOMINO DR 137TH ST W 1 3 4 T H S T W HAVELOCKTRL 135TH ST W 13 3 R D S T W H E R ALD WAY H O L Y O KE LN HAYES RD R EFLECTIONRD COUNTY ROAD 11 H A R W E L L PATH H U N T E R S W A Y HOLYOKE PATH RIMROCK DR H E N N A A V E 138TH ST W 1 4 1 S T C T W 1 3 7 T H C T H A RMONY WAY H U N T IN G T O N D R H U R O N C T HERSHEYCT 139TH C T HOLLINS CT HERI T A G E W A Y 1 4 1 S T S T W HOLYOKE C T HANNIBAL CIR H U N T I N GTON TE R 136T H C T HAVELOCK CT HANOVE R W A Y 1 3 2 N D C T 140T H S T R E E T B L V D H E Y W O O D C T HEMLOCK CT HUGHESCT 138THST R E ET CT HUM M I N G B I R D D R GUTHRI E A V E HANOVERCT H UNTING T O N CIR HERALD CT HEYWOO D P A T H 140TH STREET CT 1 3 7 T H C T H U NTE R S W AY 134 THSTW 1 35 TH STW LD µ EAGLE POINTE APPLE VALLEY 2ND ADDITION COMPREHENSIVE PLAN MAP ^ SITE LakeAlimagnet LDF P P R-2 R-5 R-2 R-3 R-2 R-3 R-3 R-3 R-5 R-3 R-3 R-3 R-3 R-3 R-5 R-2 R-3 R-3 R-3 R-2 R-3 R-2 R-3 R-3 LDF M-3C M-3C M-4C M-4C M-3C M-3C 1 4 0 T H S T W 1 3 4 T H S T W GARDEN VIEW DR 135TH ST W 1 3 7 T H S T W H O L Y OKE L N H E R A L D W AY H U R O N C T 136 T H C T H E Y W O O D C T H U G H E S C T 138THSTREET CT 135TH S T W µ EAGLE POINTE APPLE VALLEY 2ND ADDITION ZONING MAP ^ AERIAL PHOTO SITE KNOW ALL PERSONS BY THESE PRESENTS: That Eagle Pointe, LLC, a Minnesota limited liability company, owner of the following described property: Outlot A, EAGLE POINTE APPLE VALLEY, according to the recorded plat thereof, Dakota County, Minnesota. Has caused the same to be surveyed and platted as EAGLE POINTE APPLE VALLEY 2ND ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created on this plat. In witness whereof said Eagle Pointe, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . Eagle Pointe, LLC By: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20 , by , the of Eagle Pointe, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Signature Printed Name County, My commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. Signature Printed Name County, My commission expires January 31, CITY COUNCIL, CITY OF APPLE VALLEY, COUNTY OF DAKOTA, STATE OF MINNESOTA This plat of EAGLE POINTE APPLE VALLEY 2ND ADDITION was approved and accepted by the City Council of the City of Apple Valley, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: Mayor Clerk DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Amy A. Koethe, Director, Department Of Property Taxation and Records REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of EAGLE POINTE APPLE VALLEY 2ND ADDITION was filed in the office of the Registrar of Titles for public record on this day of , 20 , at o'clock . M. and was duly filed in Book of Plats, Page , as Document Number . By: Amy A. Koethe, Registrar of Titles BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A, EAGLE POINTE APPLE VALLEY WHICH IS ASSUMED TO HAVE A BEARING OF N 00°39'05" E. VICINITY MAP NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES FOUND 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 UNLESS OTHERWISE NOTED BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT A, EAGLE POINTE APPLE VALLEY WHICH IS ASSUMED TO HAVE A BEARING OF N 00°39'05" E. NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES FOUND 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 UNLESS OTHERWISE NOTED lllllllllllllllllllllllllllllllllllllll ∅ ∅ ∅ ∅ G RWO 1 3 4 5 6 7 2 8 10 11 9 12 13 A B June 2023 Landscape Packages C D A B C D A B C D A B C D A B C D A B C D A B C 1 3 4 5 6 7 2 8 10 11 9 12 13 A B June 2023 Landscape Packages C D A B C D A B C D A B C D A B C D A B C D A B C EAGLE POINTE COLLECTIONLandscape Package B Floorplans, elevations, hardscape, landscape and lot size are artist’s concepts and are subject to change without notice. Please consult your New Home Consultant for details. Lic. #BC604388. RESIDENT CORRESPONDENCE -----Original Message----- From: Nancy Dostal <___________> Sent: Friday, August 4, 2023 9:07 AM To: Kathy Bodmer <___________> Subject: Thank you Kathy, Thank you for your prompt response! We appreciate seeing the plans for this. We did not speak at the hearing on Wednesday, but we are in favor of not adding another townhome unit. It would be wonderful for the neighbors to have a little more green space. We also have traffic concerns. Although adding 3 units probably wouldn’t change the traffic much, it is becoming more and more difficult to exit our neighborhood on 140th due to traffic. Really wish there would have been an additional entrance/exit to this development on Gardenview. Nancy Dostal Sent from my iPhone I T E M: 5.B. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:August 16, 2023 S E C T I O N:L and Use / Action I tems Description: Frykman I mpervious Coverage Variance - P C23-23-V S taff Contact: K athy Bodmer, A I C P, City Planner Department / Division: Community Development Department Applicant: Teri F rykman P roject Number: P C23-23-V Applicant Date: 6/26/2023 60 Days: 9/24/2023 120 Days: 11/23/2023 AC T I O N RE Q UE S T E D: Staff reviews variance applications based strictly on State Statutes and City C ode which require the applicant to establish there is a “practical difficulty” present in order for a variance to be granted, and that logical alternatives are not available. Staff is therefore unable to recommend approval of the variance as requested because staff does not find a practical difficulty exists preventing compliance with the code. A lthough the petitioner prefers to not incur the cost, the reasonable alternative would be to remove some of the existing impervious surface on the lot to accommodate the requested third garage stall. T he Planning Commission may choose to make one of the following motions: To Deny: Recommend denial of the variance to increase the impervious surface coverage on the subject lot from 35% to 42.2% to construct a 336 sq. ft. third garage stall because the petitioner has failed to provide a practical difficulty that makes the granting of the variance necessary. or To Approve: Recommend approval of the variance based upon the findings listed below and subject to the following conditions: (T he Planning Commission should state its findings on how the request meets the practical difficulty for the record to advance to the City Council). C onditions will be available the night of the meeting if the Planning C ommission wishes to recommend approval. S UM M ARY: Teri Frykman, 13511 Granada Ave, requests consideration of a variance that would allow her to construct a 12' x 28' (336 sq. ft.) third-stall garage addition. T he proposed garage stall meets the setback requirements of the zoning district. However, a variance is required to increase the allowed impervious surface coverage on the property from 35% to 42.2%. T he roof of the garage addition and proposed driveway addition will increase the impervious surface area on the property. T he petitioner submitted a building permit application and learned that the impervious coverage on the lot exceeded the code requirements. T he building permit was placed on hold to allow the petitioner to apply for a variance. B AC K G RO UND: Petitioner Letter: T he petitioner letter explains the rationale for the requested variance. T he homeowner acknowledges that the impervious coverage exceeds the allowable area, but suggests that the pool water area of the pool should not be counted as an impervious surface and instead viewed as a credit. T he letter explains that Rosemount does not calculate the area of the pool water in its impervious surface calculation. T he City of Apple Valley, as well as most surrounding communities, calculate pool water as an impervious surface area. City C ode Requirements - Impervious Coverage: T he information provided with the variance application brought to attention the fact that the existing impervious coverage on the subject lot is currently 38%. Sect. 155.350 states that single family lots of 10,000 sq. ft. or more are limited to 35% impervious surface coverage. An impervious surface is a constructed surface that prevents stormwater from soaking directly into the ground. Examples of impervious surfaces include rooflines, driveways, patios, and swimming pools. In the case of swimming pools, the impervious surface includes all paved decking and the water retained in the pool, as both prevent rainwater from draining directly into the ground. Sect. 155.350 contains a provision that allows a homeowner to request to increase the impervious surface area coverage by a maximum of five percent (5%) provided four conditions are met: (1) the owner must show good cause for the need to exceed the impervious coverage; (2) an application is completed, fees and performance security escrows are submitted, (3) a C ity-approved stormwater mitigation structure is installed, and (4) a maintenance agreement is executed ensuring the ongoing maintenance of the stormwater management facility. T he Size of the Pool Decking Changed: While reviewing the variance request, staff found that the homeowner obtained a building permit in 2022 to install a swimming pool. A calculation was submitted with the building permit application that showed that the existing impervious coverage, plus the proposed additional pool and decking, would bring the impervious coverage of the lot from 17.9% to 30.4%, well within the maximum 35% allowed. When the decking plans for the pool permit are compared with the plans requesting the variance, it appears that the size of the decking was increased significantly from what was approved. T he building permit showed that the pool, pool decking, and equipment slab would have a total surface area of 1,882 sq. ft. T he calculation provided by the variance application showed the pool and decking with a coverage of 2,701 sq. ft.; an increase of 817 sq. ft. over the approved pool plan. T he impervious surface coverage increased from 30.4% to 38.1%. Variance Requirements: In order to grant a variance, the petitioner must demonstrate that they meet the code requirement for obtaining a variance. T he C ity Code and State Law require that the petitioner must provide information that confirms that there is a practical difficulty on the property which prevents them from meeting the zoning code requirements. A series of definitions and standards are reviewed: Definition of “Practical difficulties”: 1. T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; 2. T he plight of the applicant is due to circumstances unique to the property not created by the applicant; 3. T he variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical dif ficulties. In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; 4. T he granting of the variance will not merely serve as a convenience to the a pplic ant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. T he variance requested is the minimum variance necessary to alleviate the practical difficulty. T he Pool Permit from the Petitioner's Perspective: T he petitioner acknowledged that the size of the pool decking grew from the original plans, but that the project manager was the pool company. T he resident did not direct the concrete work; it was managed by the pool company. Ultimately, the homeowner is responsible for any improvements on the property and ensuring that the code requirements are met. T he homeowner will be required to address the impervious surface overage in accordance with the C ity Code requirements. Conclusion: T he expansion of the pool decking is a condition created by the property owner. T he narrower decking that had been approved in 2022 would have allowed for the requested garage addition. Alternatives were discussed with the property owner which would require removing some of the recently installed pool decking to provide adequate room for the third garage stall and driveway expansion. T he petitioner said their preference was to keep the pool and decking as is and to forgo the third garage stall if the variance is not approved. T he petitioner was advised that staff did not find a practical difficulty with the request based on the following findings: 1. T he pool decking was not installed according to the approved plans submitted to the City for the pool permit. 2. T he petitioner is not denied reasonable use of her property if she is not able to construct a third garage stall. 3. T he need for the variance is the result of circumstances created by the homeowner. 4. A reasonable alternative is available which would allow the construction of the third garage stall in compliance with the code. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Memo Applicant L etter Map Background Material Background Material `CITY OF MEMO Public Works TO: Kathy Bodmer, AICP, City Planner FROM: Evan Acosta, Assistant City Engineer DATE: August 10, 2023 SUBJECT: 13511 Granada Ave Impervious Surface Variance Request Kathy, The following are Engineering’s comments regarding the 13511 Granada Ave Impervious Surface Variance Request dated July 26, 2023. General 1. No impervious surface mitigation was shown on the plans. Stormwater plans must be approved by the City Engineer or their designee prior to building permit issuance. City of MEMO Public Works Department TO: Kathy Bodmer, Planner FROM: Jessica Schaum, Natural Resources Coordinator DATE: August 9, 2023 SUBJECT: 13511 Granada Avenue - Impervious Surface Variance Review The applicants Eric and Teri Frykman have requested a variance to exceed the impervious surface coverage of 35% for their residential property. The lot size is 15,120 sq ft in size. The applicant has requested a variance to increase their impervious surface from 38% to 42%. Current City Code limits impervious surface to 35% for this lot size. The applicant is currently over the allowable impervious surface, and the applicant is requesting to exceed the impervious surface limits by an additional 4%, or 7% total. Impervious surface code, 155.350, allows for property owners to exceed the impervious surface percentage by 5% if the following conditions are met: • An onsite stormwater mitigation feature is installed • A stormwater maintenance agreement is recorded on the property • Applicant has shown good supporting cause for the additional impervious. The City of Apple Valley has defined pools as impervious surfaces, City Ordinance 155.003: IMPERVIOUS SURFACE. A constructed surface, generally made of brick, stone, concrete, asphalt, gravel or similar impermeable material, that prevents water from naturally infiltrating directly into the soil or that water cannot easily penetrate for direct natural infiltration into the soil. Impervious surfaces include, but are not limited to: build ing roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools. Decks shall not be considered an impervious surface if : (1) The surface under the deck is pervious; or (2) The surface water runoff from the deck surface is not controlled by a drainage system, such as gutters, diversion plates. Given the definition there is no available “credit” for water storage in Apple Valley. No additional details were provided to review a proposed mitigation facility for the overages. Minimizing impervious surfaces to remain at the allowable threshold per lot size, with a 5% increase when properly mitigated coincides with all of the existing requirements, plans, and programs the City has in place to protect and enhance water quality. June 18, 2023 City of Apple Valley Planning and Development Department 7100 147th Street W Apple Valley, MN 55124 RE: Variance Request 13511 Granada Ave Dear City Staff/Variance Board: Outline of Request Homeowners, Eric and Teri Frykman, request a variance to the impervious surface limitation on the lot listed above. Request proposes to grant the increased percentage as presented in the building plan. The lot is 15,120 square feet in size. The current allowed impervious surface coverage is 35% which equates to 5,292 sf of coverage per the city ordinance. A recent survey of the property shows a total of 5,761 currently set as impervious surface. This equates to a total of 38% impervious surface coverage. The proposed building plan would increase the impervious surface to 6,385 square feet which is 42% coverage. We are requesting credit for the 800 square feet of surface that equates to the water area of the installed pool. This credit would bring the total impervious surface to 5,585 square feet including the proposed additional impervious surface of the building plan in review. The updated total would be 37% of impervious surface coverage. The credit will match that which is seen in the neighboring Rosemount city ordinance where the water square footage of a pool is not to be considered an impervious surface. This is regarding the ability of the water area to collect any rainwater, or that which is collected within the cover. The water collected in the cover is then removed and drained to a dedicated lawn space away from the streets and sewar systems. This avoids increased impact to the storm sewar systems while also putting the rainwater back into the watershed. In conclusion, homeowners are requesting a variance to the impervious surface limit, by granting an 800 square foot credit for the water surface of the pool. Thank you. Sincerely, Eric and Teri Frykman Homeowners Homeowners: Eric and Teri Frykman Address: 13511 Granada Ave Apple Valley, MN 55124 Phone: Eric Frykman (320) 493-5835 Teri Frykman (507) 450-0559 Developer: Sussel Garages – John Wiik Address: 654 Transfer Road STE 16B Saint Paul, MN 55114 Phone: (651) 645-0331 SITE CEDAR AVE 133RD ST W G U I L D A V E C E D A R A VE SB R A M P 1 3 4 T H S T W M C A N D R E W S R D G RA N A D A A V E HIGHWAY 77 SERVICE RD HAR W E L L P A T H GU I L D C T PENNOCK AVE GOSSAMER WA Y GE N E V A W A Y GIBRAL T A R T E R H A N NOVER A V E MCANDREWS RD RAMP G L E N H A V E N A V E GLENHAVEN C T 1 3 2 N D S T W H A L L MARKCT GUN F LIN T PATH CEDAR AVE FRYKMAN COVERAGE VARIANCE µ LOCATION MAP ^ SITE R-3 R-1 R-3R-3 R-3 R-5 R-1 R-1 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-CL R-CL M-4A M-3B R-CL CEDAR AVE 133RD ST W G U I L D A V E 13 4 T H S T W M C A N D R E W S R D C E D A R A VE S B R A M P HARWEL L P A T H PENNOCK AVE GR A N A D A A V E GOSSAMERW A Y GUIL D C T H A N N O VERA V E 1 3 2 N D ST W G E N E V A W AY GIBRAL T A R T E R MCANDREWS RD RAMP GURNE Y C T H A L LMARKCT CEDAR AVE µ FRYKMAN COVERAGE VARIANCE ZONING MAP ^ Si t e Ma p 13 5 1 1 G r a n a d a A v e SI T E Pool Permit Issued May 3, 2022 Pool Permit Issued May 3, 2022 Lot Area 15,246 House 1,909 Driveway 798 Total 2,707 17.8% House 1,909 Driveway 798 Pool 800 Pool Patio 1,052 Pool Equipment Slab 32 Total 4,591 0.11 30.1% Existing Proposed Impervious Surface Calculations 13511 Granada Ave PD 05/03/22 AV103169 Pool Permit Issued May 3, 2022 Frykman Coverage Variance 13511 Granada Ave Lot Area (Sq. Ft.):15,120 Max imper 35% (Sq. Ft.)5,292 Max imperv 40% (Sq. Ft.)6,048 Pool Permit Issued May 3, 2022 3rd Garage Stall Request July 2023 Existing Coverage:Existing Coverage: House:1,909 House foundation:1,592 Driveway:798 Garage existing 698 Total:2,707 Driveway existing 690 Total Cover 17.90%Pool and deck 2,701 Sidewalk 80 Total 5,761 Total existing cover 38.10% Proposed Coverage Pool Permit Proposed coverage 3rd stall House:1,909 Existing Coverage 5,761 Driveway 798 Garage Proposed 336 Pool 800 Driveway Proposed 288 Pool Patio 1,052 Total 6,385 Pool Equipment Slab 32 Proposed total cover 42.23% Total 4,591 Total Cover 30.36% I T E M: 5.C. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:August 16, 2023 S E C T I O N:L and Use / Action I tems Description: 12787 Durham Way I mpervious Surface Variance S taff Contact: A lex Sharpe, A I C P, Planning and Economic Dev. S pec. Department / Division: Community Development Department Applicant: A lexis and Scott Mckague P roject Number: P C23-24-V Applicant Date: 8/4/2023 60 Days: 10/3/2023 120 Days: 12/2/2023 AC T I O N RE Q UE S T E D: If the Planning C ommission concurs, staff recommends the following action: Recommend denial of a 18.91% impervious surface coverage variance at 12787 Durham Way which is within the Shoreland Overlay zone based on draft findings included in the staff report. S UM M ARY: Alexis and Scott Mckague have applied for an impervious surface coverage variance for their home at 12787 D urham Way. T he property is within the Shoreland Overlay zone as it is within 1,000' of the high water line of Lake Farquar. T he applicants are seeking an impervious surface variance of 18.91% to construct a new pool and patio in their rear yard. T he subject property is 11,200 sq. ft. and on a hillside overlooking Huntington Park. T he Shoreland Overlay zone allows residents to cover up to 25% of their lot area with impervious surfaces. T he site has existing conditions that are non-compliant with 31.28% impervious surface coverage. T he applicant is proposing to cover 43.91% of the property with impervious surfaces and then treat stormwater via a stormwater mitigation system. T he goal of this mitigation is to reduce the impervious surface down to 20.79%, an improvement from existing conditions by reducing water flowing off of the property. T he City amended the Shoreland Overlay district and impervious coverages throughout residential zones in 2018 to ensure standardization between zones. T he underlying zoning of this property is "R-3" (Single Family). T he amendments set impervious surface coverage for the "R-3" zone depending on lot size with properties below 10,000 sq. ft. are permitted to cover up to 40% of the property and those above 10,000 sq. ft. to cover 35%. T he code also included a provision that allowed property owners to increase their impervious surface coverage by 5% without a variance if a stormwater mitigation system was installed, approved by the C ity Engineer and a maintenance agreement was recorded to ensure the system functioned into the future. T he Shoreland Overlay zone supersedes the underlying zoning and has a maximum allowance of 25% for all properties regardless of size and does not include the 5% increase provision. To staff's knowledge, no property has been granted a variance to the impervious coverage within the Shoreland Overlay zone. T he Shoreland Overlay zone requires that the D N R be contacted when the C ity receives variance applications for their review. T he D N R has responded that they recommend denial of the variance unless conditions of approval could assure that the system would function as intended now, and into the future. Staff is recommending denial of the variance based upon similar concerns as the D N R. T he applicant has worked with C ity Engineering staff to provide calculations similar to stormwater mitigation systems staff has approved on other properties. T hese calculations have been evaluated by engineering staff and are found to be correct and demonstrate the size of the stormwater mitigation system required. A 6' x 6' x 3' french drain style system is proposed. T his area would be filled with 2" pea gravel and drain tile around the patio and pool to direct water into the system. Under perfect conditions on flat ground the proposed mitigation may function as proposed, resulting in an improvement over existing conditions. T he subject property has steep slopes down to Huntington Park which will require several retaining walls for the project. T he applicant is proposing to level much of the rear yard to install the pool and stormwater system. Staff's concern is that the system as proposed will allow the water to enter the ground up to 3' deep but then will flow down the hill as there is approximately a 20'-25' elevation change from the subject property to Huntington Park. T his would effectively negate the system and result in additional stormwater issues in the park, which are already problematic. Additionally, there are several catch basins in the park with storm pipe leading directly to Lake Farquar, an impaired lake that the C ity has spent considerable resources attempting to improve water quality. T he ability for stormwater generated on this site to reach these catch basins is limited but the down stream flow of water does exit into Lake Farquar. Without a stormwater mitigation system designed by an engineer for the subject property, staff is unable to confidently state that the proposal would improve existing conditions and may result in detrimental impacts to water quality and public lands. T he background section of this report provides additional details and draft findings of fact that practical difficulties have not been demonstrated. B AC K G RO UND: T he staff reviews variance applications based strictly upon the requirements of the State statutes and the City Code which require the applicant to establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. Definition of “Practical difficulties”: T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; T he plight of the applicant is due to circumstances unique to the property not created by the applicant; and T he variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Factors to Determine Practical Difficulty: In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; 4. T he granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this C ode; and 5. T he variance requested is the minimum variance necessary to alleviate the practical difficulty. Attached to the Natural Resourses memo is a helpful guide the D N R has created for impervious surface variances within shoreland and floodplane zones. T he intent of the guide is to assist regulators with considerations when evaluating a variance. However, staff would advise that C ommissioners also consider the nexus between any proposed conditions and that these conditions are "roughly proportional" to the variance. If the condition does not mitigate negative impacts or is too onerous it opens the application up to legal challenge. As this property is not directly adjacent to the lake and much of the property's existing conditions are disturbed these factors should be taken into account when reviewing the proposal. As stated, the property is located within the Shoreland Overlay zone. Zoning provisions are adopted to establish an intent or purpose, which guides all the regulations that follow. T he purpose statement of the overlay zone is shared below. "(2) Purpose statement. Minnesota law has delegated responsibility to the city to regulate the subdivision, use and development of the shorelands of protected, public waters within the city f or the preservation of water quality, natural characteristics, environmental values and the general health, saf ety and welf are of all protected waters. The protected public waters in the city have been given a shoreland management classif ication by the Minnesota Commissioner of N atural Resources as recreational development lakes, consisting of Alimagnet Lake, Moeller (Long) Lake and Farquar Lake, and natural environment lake consisting of K eller Lake." T he C ity Engineer's memo attached to this report further emphasizes that the stormwater mitigation system proposed does not include enough information for staff to determine whether it will function on the subject property. Findings: T he property is at the very edge of the 1,000' buffer of the Shoreland Overlay zone and neighboring properties are not within the zone. Overland flow of stormwater from the subject property across Huntington Park, the rural roadway design of Diamond Path, and two single- family properties is unlikely except during the most intense rain events or potentially spring thaw. However, catch basins within the park would allow for a downstream path from the subject property to the lake, which would result in reduced water quality. Additionally, if the proposed mitigation system does not function as intended due to slopes, soil types or other unknown factors Huntington Park would also be negatively impacted. T he park already has stormwater issues where the ground is saturated and difficult to maintain after rain events. T he proposal is contrary to the intent of the chapter due to the potential negative impacts to water quality in the lake, impacts to public lands, and the proposed design being unable to demonstrate an improvement to existing conditions. Existing conditions not caused by the applicants result in the property exceeding the maximum impervious surface permitted. T he proposed pool and patio area introduce additional non-conformance and are directly caused by the applicant's actions. T he proposed stormwater treatment could result in improved conditions, but at this time that cannot be demonstrated. T he applicant has not demonstrated that the case presents practical difficulties to the use of their property. T he variance as proposed includes a significant patio area in excess of the pool deck, resulting in a proposal that is not the minimum variance necessary. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Area Map Applicant L etter Exhibit Elevations Memo Memo DIAMOND PATH PILOT KNOB RD D U R H A M W A Y SITE 12787 Durham WayLocation MapZoned "R-3"Within Shoreland Overlay Zone ¯ ^ 0 200 400 Feet 12787 Durham Way Rain Garden Plan Notes: • Distance from fence line/retaining wall to start of rain garden: 0 FT • Distance from end of rain garden to end of lot: 23 FT • Blue line represents perforated drain pipe, surrounded by rock, to provide drainage solution across backyard, to the rain garden. <- 35 FT -> <-13FT-> FT -> Pool: 16x32 FT <- 13 . 6 F T -> <- 17 . 4 F T -> House Deck/Patio <- 27 FT -> <- 47 FT -> 12787 Durham Way Rain Garden Plan • Pool will be level with the ground, so any water that falls upon the pool or the pool deck will not be redirected toward any neighbor’s yard. The yard/ground around the pool and the pool deck (northeast, southeast, and southwest) will also be leveled out. This is an improvement from the current state where the ground slopes towards the neighbor on the southeast side of the house. • On the northwest side of the house, the ground will remain in current state, which is sloped towards the pool area. • Rock garden is made up of 2-inch rock, pea rock, sand, and black dirt. Calculations Current State (square footage): Lot 11200 House 1528 Garage 484 Drive 600 Deck/Patio 892 Total 3504 Impervious: 31.28% (3504/11200) Current State with Pool (square footage): Lot 11200 Current State 3504 Pool 512 Pool Equipment 21 Concrete apron 881 Total 4918 Impervious: 43.91% (4918/11200) Goal Impervious: 25% (2800/11200) – no more build than 2800 square feet Delta of Current State with Pool to Goal Impervious: 2118 square feet • To drain 2118 square feet, we require rain garden to support 88.25 cubic feet of water (2118 x .5/12 = 88.25) • Size of rain garden to support 88.25 cubic feet of water is 6 ft wide x 6 feet long x 3 feet deep, as this will holder 109 cubic feet of water (6 x 6 x 3 = 108) • Given rock garden will hold more cubic feet than needed to support 2118 square feet (108 cubic feet of water, this rock garden will bring impervious to 20.79% Current State with Pool and Rain Garden (square footage): Lot 11200 Current State with Pool 4918 Rain Garden -2590 (2590 x .5/12 = 108) Total 2328 Impervious: 20.79% (2328/11200) City of MEMO Public Works Department TO: Alex Sharpe, City Planner FROM: Jessica Schaum, Natural Resources Coordinator DATE: August 9, 2023 SUBJECT: 12787 Durham Way - Shoreland Overlay District Variance Review Overview The applicant at 12787 Durham Way has requested a variance to the impervious surface coverage within a Shoreland Overlay District. The shoreland overlay district covers an area 1,000 linear feet from the resources of concern, Farquar Lake. Farquar Lake is impaired for nutrients. The impervious surface is limited to 25% in shoreland areas. The applicant is requesting to exceed the impervious surface limits by 18.91% (2,118 sq. ft). Shoreland regulations were established by the Minnesota Department of Natural Resources (DNR) to help protect the water quality and the health of fish and animal habitat associated with water bodies, and to regulate the way we alter the landscape to ensure these areas are protected. The DNR, through MN State Rule, 6120.2500-3900, requires minimum land use standards for communities to adopt and enforce through local ordinances. The City has had a Shoreland ordinance in place since at least 1988. In this regard, the Natural Resources Division reviewed the application with two aspects in mind – water quality and land alteration. Water Quality The lot size is 11,200 sq. ft. and is located on a steep slope. The resident has requested a variance from the Shoreland code to increase their impervious surface from 31.28% (3,504 sq. ft) to 43.91% (4,918 sq. ft). Current code limits impervious surface to 25% (2,800 sq. ft.) in shoreland areas. The applicant is requesting to exceed the impervious surface limits by 18.91% (2,118 sq. ft). In areas outside the Shoreland Overlay district , the impervious surface would be limited to 35%. Impervious surface code, 155.350, allows for homeowners to exceed the impervious surface percentage by 5% if the following conditions are met : • An onsite stormwater mitigation feature is installed • A stormwater maintenance agreement is recorded on the property • Applicant has shown good supporting cause for the additional impervious. The Shoreland Overlay District ordinance does not allow for the 5% mitigation and requires variances to be submitted to the Minnesota Department of Natural Resources for review. The applicant has proposed a “rock garden” fed by draintile in the pool deck to help manage stormwater runoff generated from the site. To mitigate for the 2,118 sq. ft. overage, the applicant would need to provide 88.25 cubic feet of treatment. Based on the calculation: • Requested Coverage (sq ft) x 0.50 in ÷ 12(in/ft) = cubic feet of treatment. The proposed rock garden would provide 108 cubic feet of treatment, which would exceed the treatment amount for the overage. While the stormwater sizing is sufficient for this project, it’s uncertain whether the treatment area would be effective in containing runoff generated from the site with the details provided. The rock garden is sited on/adjacent to a steep slope, with a large retaining wall built around the perimeter. The shoreland code considers a steep slope as “Lands having average slopes greater than 12%, as measured over horizontal distances of 50 feet or more”. Based on GIS analysis, the approximate slope in the proposed pool area is approximately 18%. With the proposed design, there is concern that water would not effectively infiltrate into the ground and would either seep out at the toe of the retaining wall or between the retaining wall blocks. Additional details may need to be provided to document that the rock garden design is feasible and would function in this location. Typically, stormwater management features are built on flat areas to allow for water to pool or in the case of French drains, in areas where the entire feature is below ground. A more detailed survey of the site may help determine the siting of the project on the landscape and help analyze any impacts to the steep slope. Steep slopes can present issues with erosion when not properly vegetated and protected. Erosion can deposit sediment offsite, impacting local water resources. Cumulative impacts of impervious areas from residential areas can have an impact on the volume and rate of water entering into the City’s storm-system and local water bodies. Increases in impervious surface can impact localized flooding and contribute to downstream issues. Stormwater runoff is a primary factor for water degradation in urban lakes. Summary Overall, the project does propose a plan for mitigating stormwater runoff generated from the site. However, additional details are needed to help analyze whether the mitigation is feasible and would function in this location. A more detailed site survey which shows existing conditions vs. proposed conditions, and the materials, would also help determine the impact to the slopes and any vegetation as part of the project. Page 1 of 2  Variance Guidance Series – ISC, Updated 10/10/2012  Shoreland & Floodplain   Variance Guidance Series  This is one of a series of examples developed as guidance for considering variance requests along  lakes and rivers. Consult your local shoreland and floodplain ordinances.    Why are impervious surface coverage limits important?  In the protection of water quality, the management of rainwater on individual lots is one of our most important tasks. Rainwater that does not infiltrate into the ground or evaporate runs downhill to lakes, wetlands, or rivers. As impervious surface coverage increases, the rate and amount of runoff and pollutants entering public waters increases. When runoff from impervious surface coverage is not addressed, pollution increases and the diversity of aquatic life is reduced. Local governments have limited discretion to deviate from - or grant a variance to - impervious surface limits. They may do so only if all of the variance criteria established in state statutes and their local ordinances are met. In evaluating such requests, local governments must examine the facts, determine whether all statutory and local criteria are satisfied, and develop findings to support the decision. If granted, local governments may impose conditions to protect resources. An example impervious surface variance request, with considerations, is provided below.   Example Impervious Surface Variance Request  A property owner wishes to build a large lakehome on a conforming lot.  The lake lot includes a private driveway with a spur to the neighbor’s lot,  which was placed to avoid an adjacent wetland. The building plans for  the new construction plus the existing private road spur to the  neighbor’s property would exceed the impervious surface limit provision  in the local ordinance.     Considerations for Findings  A good record and findings help keep communities out of lawsuits and help them prevail if they find themselves in one. In evaluating the facts and developing findings for this variance request, all of the following statutory criteria must be satisfied, in addition to any local criteria:    Is the variance in harmony with the purposes and intent of the ordinance?   Considering a variance request is a balancing test that requires weighing the need of an individual property owner against the purposes of the shoreland regulations for protecting the public interest. These purposes are derived from Minnesota Shoreland Rules, which established impervious surface caps to prevent excessive runoff from constructed surfaces. Such excessive runoff causes erosion, transport of pollutants to public waters thereby degrading water quality. Considerations: Will deviating from the required limit on this property undermine the purposes and intent of the ordinance? Why or why not? Is it possible to mitigate the consequences of additional impervious surface on-site such that additional runoff will not be produced? Would this mitigation be in harmony with the purposes and intent of the ordinance? Why or why not?  Is the variance consistent with the comprehensive plan?  The local comprehensive plan establishes a framework for achieving a community’s vision for the future. Most plans contain goals and policies for protecting natural resources and shorelands, as well as maps that identify areas of high risk or with high ecological value where development should be avoided. The variance request must be considered with these goals and policies in mind. Maps should be consulted to determine if the property is within any areas identified for protection. Considerations:  Which goals and policies apply? Is allowing additional impervious surface and runoff consistent with these goals and policies? Why or why not?   Impervious Surfaces  Page 2 of 2  Variance Guidance Series – ISC, Updated 10/10/2012       Are there unique circumstances to the property not created by the landowner?  Unique circumstances relate to physical characteristics of the land - such as lot dimensions, steep slopes, poor soils, wetlands, and trees. These do not include physical limitations or personal circumstances created by the property owner that prevent compliance with the impervious surface provision, such as size of home or design preferences. Consider what distinguishes this property from other shoreland properties to justify why the applicant should be able to deviate from the provision when others must comply. Considerations: What physical characteristics are unique to this property that prevent compliance with the requirement? Were any difficulties in meeting the impervious surface limit created by some action of the applicant? Has the applicant demonstrated no other feasible alternatives exist that would not require a variance, such as increasing the setback to reduce driveway length or reducing the lakehome’s footprint?    Will the variance, if granted, alter the essential character of the locality? Consider the size of the proposed structure, the extent of encroachment, and how it relates to the shoreline and hydrology of the riparian area. A large addition located close to the shoreline can detract from the natural appearance and character of the lake and its riparian areas and degrade water quality by altering topography, drainage, and vegetation in the riparian area, negatively affecting recreational, natural, and economic values. Considerations: Does the variance provide minimal relief or a substantial deviation from the required setback? Does it affect the natural appearance of the shore from the lake? Does it affect the hydrology of the riparian area?  Does the proposal put property to use in a reasonable manner?  Examine the reasons that the variance is requested and evaluate them in light of the purposes of the local shoreland ordinance and the public water resource at stake. Since the impervious surface cap is generally intended to reduce runoff to public waters, it may not be appropriate to allow large areas of constructed surfaces so close to the water. Considerations: Has the applicant demonstrated that the proposed construction is reasonable in this location given the sensitive nature of the area and the purposes of the regulations? Why or why not? Note: The last three criteria address practical difficulties. Economic considerations alone cannot create practical difficulties Range of Outcomes  Based on the findings, several outcomes can occur:   If the applicant fails to prove that all criteria above are met, then the variance must be denied. For example,  the local government could find that the building plans itself created the circumstances necessary for a  variance rather than the any unique physical characteristics of the property.   If the applicant demonstrates that all criteria are met, then the variance may be granted. For example, the  local government could find that the construction footprint is reasonable, the circumstances are unique given  the adjacent wetland, and the minor deviation in the impervious surface coverage does not alter the  hydrology of the area (as determined through runoff calculations).   If the variance is granted and the impervious surface in any way alters the hydrology of the area, then  conditions may be imposed, such as to increase the structure setback from the lake by 15 feet to reduce the  extent of the driveway and minimize the amount of impervious surface coverage over the limit.   Conditions on Variances  If findings support granting the variance, consideration must be given to the impacts on the public water and the riparian area and appropriate conditions to mitigate them. Conditions must be directly related and roughly proportional to the impacts created by the variance. Several examples are provided below:  Modify construction designs (to minimize impact);  Use permeable pavement systems for walkways, driveways, or parking areas (to reduce effective impervious surface area and infiltrate runoff);  Direct rain gutter discharges away from the public waters and into infiltration basins (to reduce connected impervious coverage to allow additional areas for infiltration);  Preserve and restore shoreline vegetation in a natural state (to intercept and filter runoff coming from structures and driveways); and/or  Increase setbacks from the ordinary high water level (to provide infiltration near public waters).   More information at: www.dnr.state.mn.us/waters/watermgmt_section/shoreland/variances.html  `CITY OF MEMO Public Works TO: Alex Sharpe, AICP, Planner FROM: Evan Acosta, Assistant City Engineer DATE: August 10, 2023 SUBJECT: 12787 Durham Way Impervious Surface Variance Request Alex, The following are Engineering’s comments regarding the 12787 Durham Way Impervious Surface Variance Request dated 8/4/2023. General 1. The following information was provided to Engineering for review: a. Rock Garden (also called rain garden, French drain) sizing, location, and cross section. b. Subsurface drainage location, sizing, trench fill material. 2. Prior to any building permit issuance, Engineering would need more detailed construction documents detailing the function of the stormwater feature and addressing the following concerns: a. More detailed cross section of proposed stormwater feature with dimensions b. Proposed stormwater feature does not factor the steep slope on which the feature sits, and its impact on flow rates or effectiveness. c. Cross section of subsurface drainage d. Connections of subsurface drainage to stormwater feature I T E M: 6.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:August 16, 2023 S E C T I O N:Other Business Description: Review of Upcoming S chedule and Other Updates S taff Contact: B reanna Vincent, Department Assistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Next P lanning Commission Meetings: Wednesday, September 6, 2023 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, August 9, 2023. Site plan, variance applications due by 9:00 a.m. on Wednesday, August 23, 2023. Wednesday, September 20, 2023 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, August 23, 2023. Site plan, variance applications due by 9:00 a.m. on Wednesday, September 6, 2023. Next City Council Meetings: T hursday, August 24 , 2023 - 7:00 p.m. T hursday, September 14, 2023 - 7:00 p.m. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A