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10/15/2014
Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 OCTOBER 15, 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 OCTOBER 1, 2014 4. CONSENT ITEMS A. Tide Dry Cleaning Review amended site plan for 3,255 sq. ft. dry cleaning operation in (PC14-19-B) Time Square Shopping Center. LOCATION: 7562-7564 149th Street West PETITIONER: CMA Architects and Time Square Shopping Center, LLC. 5. PUBLIC HEARINGS A. Public hearing to consider amendment to a conditional use (PC14-35-C) district. LOCATION: 14510 Pennock Avenue PETITIONER: 6. LAND USE/ACTION ITEMS A. Caribou Coffee Drive-Thru Consideration of a conditional use permit and site plan/building permit authorization to allow a drive-thru in connection with Class III Restaurant in Planned (PC14-17-ZCB) Development 290, Zone 4. LOCATION: 14638 Cedar Avenue PETITIONER: Caribou Coffee Company 7. OTHER BUSINESS A. Heartbeat Dance Studio Sketch Plan: - Sketch plan review of proposed amendment to (Limited Business) zone to allow live-work apartment units, conditional use permit for the use of cementitious fiberboard, and site plan review/building permit authorization for a 1,400 sq. ft. studio addition with 1,026 sq. ft. second story apartment, located at 7661 - 145th Street West, by Deb Lysholm. B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, November 5, 2014 Regular Scheduled Meeting - 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 Wednesday, December 3, 2014 Regular Scheduled Meeting - Public hearing applications due by 9:00 a.m. on Wednesday, November 5, 2014 - Site plan, variance applications due by 9:00 a.m. on Monday, November 24, 2014 NEXT CITY COUNCIL MEETINGS Thursday, October 23, 2014 Regular Scheduled Meeting Thursday, November 13, 2014 Informal Regular Scheduled Meeting 7:00 P.M. 7:00 P.M. 7:00 P.M. 5:30 P.M. 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. 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 Absent: Brian Wasserman. CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 1, 2014 Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Assistant City Engineer David Bennett, Public Works Director Todd Blomstrom, 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 Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES SEPTEMBER 17, 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 17, 2014. Ayes - 5 - Nays — 0. 1 — Abstain (Schindler). 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 Restaurant in Planned Development 290, Zone 4. (PC14-17-ZCB) LOCATION: 14638 Cedar Avenue PETITIONER: Caribou Coffee Company CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 1, 2014 Page 2 of 3 Chair Melander opened the public hearing at 7:01 p.m. Planner Kathy Bodmer reviewed the request of the applicant and stated 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. She reviewed the site plan, noise study, hours of operation and loss of parking. Commissioner Alwin asked about the noise study points when there was little or no noise from Cedar Avenue and that it could be possible to hear noise from the order board and the cars idling. He inquired what the time period could be and how that could tie into the hours of operation. Ms. Bodmer answered that her understanding of the hours of operation are from 5:00 a.m. to 11:00 p.m. and that the City does have a noise ordinance that prohibits some activities from 10:00 p.m. to 6:00 a.m. The City may want to restrict the hours of operation to be consistent with the noise ordinance. She commented that a Class III restaurant is limited in the hours that it can operate and staff would need to work with the petitioner and get that resolved. Commissioner Scanlan asked if parking that would need to be addressed when the other two sites in the area once again have tenants. Ms. Bodmer answered yes. Commissioner Scanlan inquired if there was an option to do specific lighting and move the relocated pole closer to the crosswalk to get illumination in that area. Ms. Bodmer answered that it is her understanding that they are relocating an existing pole to the center of the landscape island. Commissioner Scanlan asked what would be the number of cars stacking during peak times. Jerry Roper, Caribou Coffee, answered that the number of cars during peak times would be sporadic due to the sequence of the signal light coming into the parking lot. He commented that the drawing shows seven vehicles in the cue. Commissioner Scanlan inquired if traffic could be routed on the west side rather than by Fed Ex. Ms. Bodmer answered that they could work with Caribou on a circulation plan and how they would do signage on how to direct people in. Commissioner Diekmann asked how deliveries and garbage removal would be addressed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 1, 2014 Page 3 of 3 Mr. Roper answered that they would take deliveries from the east side of the building. Deliveries are typically 15-30 minutes. They would structure deliveries to arrive other than their busiest time of day which is 5:00 a.m. to 10:00 a.m. Trash is over in that area too. Chair Melander inquired if there were any concerns from Fed Ex/Kinkos or the neighboring townhouses. Ms. Bodmer answered no. Chair Melander closed the public hearing at 7:20 p.m. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, October 15, 2014, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to adjourn the meeting at 7:21 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Murphy Plannin Approved by the Apple Valley Planning Commission on APPLICATION DATE: October 3, 2014 city of App e„ Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: ITEM DESCRIPTION: Tide Dry Cleaners Site Plan/Building Permit Authorization - REVISED STAFF CONTACT: Margaret Dykes, Planner APPLICANT: Time Square Shopping Center, LLC and CMA Architects 60 DAYS: December 1, 2014 1 4A October 15, 2014 Consent DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: PC14-19-B 120 DAYS: January 30, 2015 Action Requested 1. Recommend approval of the revised site plan for a 28' x 35' canopy and one asphalt drive lanes to accommodate valet service at Tide Dry Cleaners, 7540 149 Street W. (Lot 3, Block 1, Levine Subdivision No 2) in the Time Square Shopping Center, as shown on the plans received in City offices on October 3, 2014, subject to all applicable City codes and standards, and the following conditions: a. The property owner shall execute a maintenance agreement to be prepared by the City Attorney's office for the on-site infiltration areas. b. The property owner shall apply for a Natural Resources Management Per t prior to beginning any site work. Project Summary/Issues On June 12, 2014, the City Council approved the site plan and authorized the issuance of a building permit for a 28' x 35' canopy and two asphalt drive lanes to accommodate valet service at Tide Dry Cleaners. The approval required the installation of raingardens to accommodate the increase in stormwater runoff, and the execution of a maintenance agreement for the raingardens. After the City approved the plans, the applicant determined that reducing the width of the drive lane would decrease the size of the required raingardens. The City Attorney's office advised that because the applicant wished to modify the site plan, the Planning Commission and City Council must review the plans. The revised plan continues to show the same size canopy (28' x 35'), but there is only one 12.5'-wide drive lane. The tenant will still occupy approximately 3,255 sq. ft. The drive lanes and canopy will require the removal of approximately 2,355 sq. ft. of green space. The applicant is proposing two raingardens to accommodate the additional impervious surface area. Staff has no concerns regarding the proposed modifications; however, the property owner must execute a raingarden maintenance agreement prior to the issuance of the building permit. The City Attorney's office has drafted a raingarden agreement. The applicant should note that signs and/or sign structures are not included as part of the building permit authorization. A separate sign permit must be approved before any ground or building signage may be installed. The proposed 3,255 sq. ft. tenant space is allotted 119 sq. ft. of total signage for the use. The allotted signage may be split between the existing ground sign and the building in whatever configuration is agreed to by the property owner and the tenant. Additional signs under the canopy are not permitted. Budget Impact N/A Attachment(s) 1. Location Map 2. Comprehensive Plan Map 3. Zoning Map 4. Existing Conditions/ Demolition 5. Revised Site/Grading/Paving, Drainage/Erosion Control 6. Revised Civil Construction Details 7. Revised Landscape Plan 8. Revised Floor Plan 9. Revised Elevations 2 H:\DEVELOPM\2014 Projects\Tide Cleaners Site Plan\REVISED Plans et al\REVISED Tide PC report.docx 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 TIDE DRY CLEANERS SITE PLAN - REVISED PROJECT REVIEW 7540 149 — Time Square Shopping Center Lot 3, Block 1, Levine Subdivision No 2 "C" (Commercial) - The proposed use is consistent with the Comprehensive Plan. Platted Flat Suburban lawn None identified NORTH SOUTH EAST ST "RB" (Retail Business) - The proposed use is consistent with the zoning. Time Square Shopping Center Lot size is 1.37 acres Time Square Shopping Center Comprehensive Plan "C" (Commercial) Zoning/Land Use O'Reilly Auto Parts/KFC-Arby's and Raising Cane's restaurants Comprehensive Plan Zoning/Land Use Time Square Shopping Center Comprehensive Plan Zoning/Land Use "RB" (Retail Business) McDonald's Restaurant Comprehensive Plan Zoning/Land Use "RB" (Retail Business) "C" (Commercial) "RB" (Retail Business) "C" (Commercial) "C" (Commercial "RB" (Retail Business) 3 H:\DEVELOPM\2014 Projects\Tide Cleaners Site Plan\REVISED Plans et al\REVISED Tide PC report.docx 14/ I H S1 kiV I I Time - Square Shopping Center ,ANL. TIDE DRY CLEANERS AREA MAP z w ,AV vovmvan 100NN30 /AG 1G LAI uJ o .,„nkaThh.SsaigA,t ARI,,A,ffic&h hnarigiatregvavi, - cc; O cIt h C Z W w U w > 0< x0 „os,50000s L 1 � >�o� YVNOJONV, o c),6 < o i ° 6 .14 v6 „09,50.00S z uJ (lfVa'71;1 ,11;::dgtkt2. , r' 41,04 ® o I ;1 t ce 0 co z ce 0 p 0 0 (7, • E re 0 u.l g r 'F p� r �� NH O <(yO NW o < x � = mN o a a 611 • • a tY v c no, vido3aNn QQ 1 INV blOZ/1101. — 1 LJ Le 0 z 9 4D 1— a. 1— z 0 w ce ce 171 z 0 w x 4 k I \ \\ \\_ _DE= 6mp, Lao . —so —o z qns A DVInS 1 WIF 4D c., a C.9 0 0 \ Cr) fv„fog. LJ talts-ashmieloasa,- ce ..•;• ' • • 6,2G VLOZ/0 1 1 LA g z 0 - cn LJ 5 ZV l00,6 qnS z: z —1 La 0 cn 111 did tta ( vois 4110IfitS1 :rthitakiam:41 X}, \ qns 6,uuo,d\ ssa,6o, ,Jom\s6,13,0Val, Giddy ,00,6,, Neuf), X., aP :s , •. , :aveastrmomess: 0 City of Apple ll Valley Community Development Department TO: Planning Commission Members, Community Development Director FROM: Margaret M. Dykes, Planner MEETING DATE: October 15, 2014 SUBJECT: Tide Dry Cleaners Revised Plans — Request to Extend Review Project # 14-19-B The applicant for this item has requested the City not review the proposal at tonight's Planning Commission meeting. The applicant states that more time is needed to work through issues related to the required rain garden maintenance agreement. The applicant has requested a 60- extension for the review of the application. It is anticipated that this item will appear on the Planning Commission agenda of December 3, 2014. MEMO 10/14/2014 Ms. Margaret Dykes City of Apple Valley 7100-147m Street W. Apple Valley, MN 55124 LANDLORD: T' a Minn' Tit e Dear Ms, Dykes We are requesting to be removed from the Planning Commission agenda on 10/15/2014. Also, we are requesting a 60 day extension on the review of our permit application at 7562-7564 W. 1 49ih Street, Apple Valley, MN 55124, which is currently with the city, as we continue to discuss terms with Mr. Bob Levine regarding the Rain Gardens and Maintenance Agreement, etc, Souare Shopping Center 1, TENANT: Monarch LLC irrited iiabilily partnership a Minnesota limited liability company S' n ture Signature PrAtaxia Title P 0 C . G A N1 13 I , . E . , I" A - Z. A - ( 3 I I NI I 1\1 1\1 A , (I)H 45202 PROJECT NAME: city of App e Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: Miss Marie's Learning Center Conditional Use Permit Amendment PROJECT DESCRIPTION Amendment to existing Conditional Use Permit for expansion of daycare facility in "LB" (Limited Business) zoning district at Miss Marie's Learning Center - 14510 Pennock Ave. STAFF CONTACT: Margaret Dykes, Planner APPLICANT: MPZ Enterprises - Marie Zurick APPLICATION DATE: 60 DAYS: September 8, 2014 November 6, 2014 SA October 15, 2014 Public Hearing DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: PC14-35-C 120 DAYS: January 5, 2015 Proposed Action • Open the public hearing, receive comments, and close the hearing. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. However, if there are no outstanding concerns from the public and the Commission, staff is recommending approval of the proposed daycare. The following motion is recommended: • Recommend approval of a Conditional Use Permit for a 3,500 sq. ft. childcare facility in a "LB" (Limited Business) zoning district at 14510 Pennock Avenue (Lot 7, Block 2, Valley Commercial Park 2" Addition) as shown on the plans received in City offices on September 9, 2014, in accordance with all applicable City codes and standards. Project Summary/Issues The applicant is requesting an amendment to an existing CUP for a private daycare. The City approved the applicant's request for a CUP in 2008 for a daycare center, and for an expansion in 2010. The applicant states that her business has continued to grow and she would like to expand so that she occupies the entire 3,500 sq. ft. building. The building owner, Von Hanson's, had been a tenant, but has since moved their offices to another location. There is no other tenant in the building. The center will be licensed to serve a maximum of 60 children, though the applicant expects there to be about 35-40 children in the center at any one time. There will be seven (7) teachers and aides on site. The facility will operate from 7 a.m. to 6 p.m. with school starting at 9 a.m. The hours are staggered so that there are not significant traffic peaks for morning drop-offs and afternoon pickups. The City code defines a conditional use as one that is permitted in a zoning district provided certain criteria are met. The purpose of the conditional use permit is to determine if the proposed site has any unique characteristics that require special consideration to adequately accommodate the proposed use without adversely impacting surrounding uses. In general, if a conditional use permit is requested and the request meets the objective standards delineated by applicable ordinances, the permit must be approved. Staffs opinion is that the expanded daycare use complies with the zoning code and will not adversely affect surrounding uses. Budget Impact N/A Attachment(s) 1. Location Map 2. Comprehensive Plan 3. Zoning Map 4. Floor Plan 5. Pictometry Aerial 6. 2010 Conditional Use Permit for Site 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 MISS MARIE'S LEARNING CENTER CUP AMENDMENT PROJECT REVIEW 14510 Pennock Avenue Lot 7, Block 2, Valley Commercial Park 2nd Addition "C" (Commercial). The proposal is consistent with the Comprehensive Guide Plan. "LB" (Limited Business), which allows day-care centers by Conditional Use Permit. The proposal is consistent with the zoning requirements. Platted. Miss Marie's Learning Center is a current tenant in the 3,500 sq. ft. former Von Hanson's office building. 0.42 acres. Flat. Urban lawn. None identified. NORTH SOUTH EAST 'ST Advanced Chiropractic Office Comprehensive Plan Zoning/Land Use Apple Valley Animal Hospital Comprehensive Plan Zoning/Land Use Mauer Office Building Comprehensive Plan Zoning/Land Use Comprehensive Plan Zoning/Land Use "C" (Commercial) "LB" (Limited Business "C" (Commercial) "LB" (Limited Business "C" (Commercial) "LB" (Limited Business Single-family Homes (Carrollton Estates) "PD-341, Zone 1" (Planned Development) Pedestrian Access: There is a sidewalk on Pennock Avenue. No additional connections are required. "LD" (Low Density Residential/0-6 units per acre) Conditional Use Permit: The applicant is requesting an amendment to an existing CUP for a private daycare. The City approved the applicant's request for a CUP in 2008 for a daycare center, and for an expansion in 2010. The applicant states that her business has continued to grow and she would like to expand so that she occupies the entire 3,500 sq. ft. building. The building owner, Von Hanson's, had been a tenant, but has since moved their offices to another location. There is no other tenant in the building. The center will be licensed to serve a maximum of 60 children (33 months to 6 years old), though the applicant expects there to be about 35-40 children in the center at any one time. The facility is a pre-school but will also offer child-care services. There will be seven (7) teachers and aides on site. The facility will operate from 7 a.m. to 6 p.m. with school starting at 9 a.m. The hours are staggered so that there are not significant traffic peaks for morning drop-offs and afternoon pickups. There are 20 parking spaces on the site. The daycare requires 17 spaces, so there is sufficient parking on the site. Street Classifications/Accesses/Circulation: Pennock Avenue and 145 St. W. are collector roads. Access to the site is limited to Pennock Avenue via one driveway cut. Staff is comfortable that the site and surrounding roads can accommodate the expanded child-care center. Public Safety Issues: None identified. Recreation Issues: According to state statutes, a child-care center must provide an outdoor activity area of at least 1,500 sq. ft., and such areas must be either within 2,000 feet of the center, or transportation must be provided to the outdoor activity area. There is a playground on the site that satisfies the state licensing requirements. Additionally, Carrollwood Park is 1/2 mile from the site, which complies with state statute. Signs: Any modification to the existing signage on the site will require a new application and signage plan in conformance with the City's sign code. The application must be submitted and approved by the City prior to the installation of any signs. Public Hearing Comments: To be taken. MISS MARIE'S CUP AMENDMENT LOCATION MAP MISS MARIE'S CUP COMP PLAN MAP "C" (Commercial) u r 46TH ST W MISS MARIE'S CUP ZONING MAP "LB" (Limited Business) Miss Marie's CUP Amendment Floor Plan m WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and EREAS, said regulations provide that a private daycare facility may be allowed within the confines of a "LB" (Limited Business) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for a private daycare facility has been requested by MPZ Enterprises and Von Hanson's Properties, LLC; and CITY OF APPLE VALLEY RESOLUTION NO. 2010-95 A RESOLUTION APPROVING A CONDITIONAL USE PE FOR PRIVATE DAYCARE FACILITY AND ATTACHING CONDITIONS THERETO IT WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on May 5, 2010; and EREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on May 5, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for a private daycare facility within a "LB" zone be approved subject to compliance with all applicable City codes and standards, and the following conditions: 1. The Conditional Use Permit shall apply to property legally described as Lot 7, Block 2, Valley Commercial Park 2nd Addition. 2. Such operations shall be conducted in conformance with the site plan received in City Offices on April 12, 2010, on file at the City Offices. 3. The subject childcare facility shall only occupy 2,480 sq. ft. of floor area. 4. There shall be no more than 35 children in the facility. 5. The Conditional Use Permit may be revoked for cause if the terms of (2) through (4) preceding are not adhered to. ATTEST: ADOPTED this 13th day of May, 2010. 2 CERTIFICATE oland, Mayor Pamela J. Gackstetter, City Clerk I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on May 13, 2010, the original of which is in my possession, dated this day of , 200 . g 00* 0.00 *0 000 0000 *00 App e City of Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: October 15, 2014 Land Use Action PROJECT NAME: Caribou Coffee Drive-Thru Window CUP PROJECT DESCRIPTION Caribou Coffee, 14638 Cedar Avenue, requests a conditional use permit 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 Dept. PROJECT NUMBER: PC14-17-ZCB 120 DAYS: December 31, 2014 Proposed Action If the Planning Commission concurs, staff is recommending approval of the CUP and Site Plan/Building Permit with conditions that will mitigate anticipated adverse impacts that may occur as a result of the drive-thru with the following motions: 1. Recommend approval of a conditional use permit to construct a drive-thru in connection with a coffee shop at 14638 Cedar Avenue, subject to conformance with all City Codes and the following conditions: a. The issuance of the Conditional Use Permit (CUP) shall be subject to the execution of a revised cross-access easement, as approved by the City, which allows for the installation of the drive-thru improvements on the property as depicted on the approved Site Plan dated October 3, 2014. b. The hours of the drive-thru shall be limited to 6:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 10:00 p.m. Saturday and Sunday. c. An 8' tall by 64' long masonry wall that matches the exterior materials of the building shall be constructed along the north property line in accordance with the site plan dated October 3, 2014. d. The site shall be landscaped in accordance with the Landscape Plan dated September 2, 2014. 2. Recommend approval of the site plan and give building permit authorization to construct a drive-thru window, subject to conformance with all City Codes and the following conditions: a. Issuance of a building permit is subject to issuance of a conditional use permit (CUP) for a drive-thru lane. b. Signs noting the pedestrian crossing shall be posted at the entrance and exit to the drive-thru. c. Directional signs shall be installed within the site, in accordance with the Site Plan dated October 3, 2014, to establish a queuing lane that does not block or interfere with other businesses in the shopping center. d. A pedestrian crosswalk shall be painted and maintained on the south side of the drive-thru loop in accordance with the Site Plan dated October 3, 2014. e. A pedestrian connection shall be constructed from the site to the trail abutting Cedar Avenue as shown in the Site Plan dated October 3, 2014. f. The petitioner shall provide tree protection fencing during construction to protect the three existing evergreen trees located on the north side of the Caribou Coffee building. If the trees are damaged during construction, the trees shall be replaced with 8' tall evergreens as approved by the City. g. The grading plan shall be modified as approved by the City Engineer to provide spot elevations and a swale along the north property line to ensure stormwater drainage is directed to the west. 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 CUP has performance standards which must be addressed in order to obtain a conditional use permit. Caribou proposes to mitigate impacts to adjacent residential properties by installing an eight foot (8') tall masonry wall and extensive landscaping. The wall will help to block headlights and absorb noise. Caribou also provided a signage plan that shows that the vehicles using the drive-thru will be directed to queue up on the west side of the parking lot to ensure neighboring businesses are not blocked. 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 enter the coffee shop to place their orders. Site Plan: A total of six parking spaces would need to be removed to install the drive-thru lane. A more compact drive-thru loop was designed to reduce the number of parking spaces that would need to be removed. 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 front of the Caribou building through the parking lot to Glazier Avenue. The easement will need to be amended to allow the drive-thru lane. Loss of Parking: A variance is no longer needed for the reduction in the number of parking stalls because one of the restaurants in the shopping center has closed. Parking requirements will be addressed when the former restaurant space on the east end of the Caribou building is leased to a new tenant. 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 2 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 14638 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 3 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 RE-Retail Business Pete' s)/GB-General Business (Kennedy) Development Project Review 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. Zoning: 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 six 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 — Variance No Longer Needed. Approximately six parking spaces would be lost as a result of the construction of the drive-thru. However, during the review of this project, a restaurant located on the east side of the building, El Loro, closed. As a result, there is no parking shortage that would require a variance at this time. The City will evaluate the parking again when a new tenant occupies the space. ▪ 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 head lights. 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. 4 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: No comments were received from the public at the public hearing. However, comments were forwarded to the Planning Commission concerning potential impacts to adjacent businesses. There was a concern that cars queuing up for the drive-thru may block access to nearby businesses. Caribou addressed the issue by providing a sign plan that shows that directional signs will be used to ensure vehicles queue up along the west side of the parking lot and not block any other businesses in the building. 5 Fed E1 Kinkos if '79 1 - Appl e s CARIBOU DRIVE -THRU ZONING AMENDMENT mr ..0 . ms dB t 400 "k V olo ire Zieg . _ inci. 1 &.rri . , 4 ,4 i Lainii 0 It 4 lh 1.-- 111 Titir I. -4 cinit 1 ' O " ..4.0 1,0.4vis,„-it •c 1/4,-,-4-...„iiii W - ‘ NNA 1 4 1 1 7-- v i ii 0 62.4.1....i... mitirITWERrISIIMIZPAM 4 ,t,:ps.148, 1 V, :44 2013 ils ,, - ,..., . _ . i ., E ,, g = _ i , L.m g , Loow-gt„wilimil 0 �+ _ .. ..-., w _ t.im ` i s - difriatiforgitaitiTha I ZONING MAP CARIBOU DRIVE-THRU ZONING AMENDMENT -1 PD GB I 244 151s .b I VV L Proposed [rive -Tru Window Location - I 0 rs Feed Ex/ Kinkos CARIBOU DRIVE -THRU ZONING AMENDMENT AREA MAP Glazier Townh.om El Loro BW 3 Former Archive's - o , 1,111 3 Mir iri W". 0. 3 • 311N3AV HVCI10 VZ MN 1 )1/4311VA 37ddV 311W3AV HVMO Pt91 NOW 0 OV ov-ii-apai 3 3 d 03 inichlrieVo 4 ,1121,1 5 • w 4D dr i saw : PZ Nh `A311VA 8lddV 311N3AV HVG33 NOLLIG,OV H011023H1 z a. 0 z 0 z z 0 0 z ui 211NAAV 2,1VG0 93 NW `A311VA 31ddV 3r1N3AV el VG 33 8C 9 17 NOIJJOGV H9110?:1H1 0 z z 0 z st 3 ME SgSg gag „ I vloS3N FON `AglivA 3we 0811W. 1 1 1 .4 . 1 fig g 1 1 i l!iiJ 1 ti I I tio in ii ! i i ' ! i cif 11 li I d liiriL 0, ; I 1 - 41.:,:tts f tizji Ilia :Ai 'ill 1111 Z C, I i 11101 1:ti ;111 04 r q! !Iilifiiidi filo toffi 0 iffizi ipl tli!, i p in ‘ lir I „ i21J,111 3 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: Headlights 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.com 11487 Valley View Road irvio©wilkusarch.corn Eden Prairie, MN 55344 P: (952) 941-8660 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 iryfocb)wilkusarch.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 Existing Background Sound Levels in Apple Valley yAjobs\2014jobs1214011\report\caribou-coffee-noise-assessment.doc 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. 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. 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 1O% 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. Mobs\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 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:\jobs\20 14j obs\21401 1 \report\caribou-coffee-noise-assessment.doc Bodmer, Kath From: Sent: To: Subject: Ed Kearney, Chamber President Sent from my iPad Edward Kearney, President Apple Valley Chamber of Commerce 952-432'8422 952-240-6004 (cell) Ed Kearney <edkeamey©app|evaUeychamber.com> Tuesday, September 30, 2014 7:33 AM Bodmer, Kathy Re: Ed Kearney called about Caribou Thank you for the report. You mentioned below that Caribou will remove 3 spaces. Actually there are four more spaces where the road used to be an exit. 1 spoke with FedEx and they knew nothing about it but their Manager is new. They were more worried than any that their reserved spaces might have people backed up and their hours are 8 a.m.-11 p.m. They only have a few reserved so any additional customers which is steady all day and evening, will not be able to park or quickly exit and cars lined up will not get out of line as they will be boxed in unless the back cars back up, which isnt safe. I spoke with Buffalo Wild Wings and they didn't know about it either but were worried about any more use of parking, especially if people avoid parking in front of caribou knowing they are likely to get boxed in with those waiting. They had heard from the landlord (not from me), that Five Guys was coming in too. That and if a restaurant comes in where El Taco used to be and draws (say a national chain), then they are really worried. Especially in very cold weather, people will NOT park far away they said. One thing not mentioned is everyday Caribou receives deliveries. They park the truck for up to an hour, in the very place where the drive up is proposed. If that becomes a drive up, they the trucks will have to park out front, also creating an even higher backup and boxing in of spaces. Most deliveries l've seen come in the early mornings around 9, as 1 know from experience that it would be zero out and the door would remain open during deliveries and it would be cold. If you go to the Starbucks in Rosemount that is at 42 and 3, that is backed up almost all the time andthey dont have 75,000 cars per day going by. We are very concerned for our members (Caribou is not a Chamber member). Please note my comments to planning commission as you see fit. We recommend this be rejected as it would disrupt our members. Caribou headquarters was contacted directly by me when Archivers was about to close. We notified them of the availability as well as the Archivers name available on the monument sign on Cedar (Caribou is not currently on that sign). Their previous regional Manager Lori had told me once that would be their ideal spot for a drive up. Their real estate office emailed me back they would look at it so they had plenty of notice. >On Sep 17,ZOl4 at3:S7 PM, "Bodmer, Kathy" <KBodmer@pciapple'vaUev.mn.us>wrote: > Hi Ed, 1 Bodmer, Kath To Subject: Hi Kathy, Ed Kearney RE: Caribou Rosemount Comparison From: Ed Kearney [mailto:edkearney@applevalleychambericom] Sent: Wednesday, October 01, 2014 1:49 PM To: Bodmer, Kathy Subject: Caribou Rosemount Comparison I stopped by Starbucks this morning in Rosemount to take a photo. This is of the backup at 8:35 a.m. and the second, I went around and took from 42. 1 did not even include a photo of the side of the building where the window is with 5 more cars backed up. And this was past the main part of rush hour and they don't have 75,000 cars per day going by like Caribou in Apple Valley. We wanted you and planning to know we see the backup as really ticking off people trying to park and even two cars backed up can block up to six cars in the spaces. I think you are in for a surprise if it is approved and I was surprised the neighboring businesses were not notified by Caribou or the building owners, for something that when two more restaurants are added in addition to a new restricting drive up, will really crowd things more than they are crowded now. Try finding a space over there with your family on a Friday or Saturday night. Very difficult and especially when Five Guys moves in next month. .461,tg, "'" 1 Please show these photos as this is a daily reality and not speculative. Bodmer, Kath 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 & 147 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 Vat ey Anna Judge <AnnaJudge@dakotacda.state.mn.us> Friday, September 26, 2014 10:30 AM Bodmer, Kathy RE: Caribou Coffee Drive-Thru Response letter Kathy Bodrner, AICP I Planner City of Apple Valley 7100 — 1 47 Street W., Apple Valley, MN 55124 (952) 953-2503 kbodmer@ci.apple-valley.mn.us From: Anna Judge [mailto:AnnaJudge©dakotacda.state.mn.us] 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@cieapple-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 Kathy Bodmer, AICP I Planner City of Apple Valley 7100 — 147 Street W., Apple Valley, MN 55124 (952) 953-2503 kbodmer@ci.apple-valley.mn.us 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, 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 Fl (952) 941-2755 2 City of 00* 0.0* 0 SOO Apple Valley PLANNING COMMISSION MEETING DATE: ITEM: - 7A October 15, 2014 SECTION: Discussion Items PROJECT NAME: Heartbeat Dance Studio Expansion and Artist's Loft Sketch Plan STAFF CONTACT: Kathy Bodmer, Planner APPLICANT: Deborah J. Lysholm DEPARTMENT/DIVISION: Community Development Department PROJECT NUMBER: NA Proposed Action • No official action is required. The owner wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal application. • It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. Project Summary/Issues Deborah Lysholm, owner of Heartbeat Dance Studio at 7661-145 Street West, requests a sketch plan review of a proposed 1,400 sq. ft. addition with a 1,026 sq. ft. second-story artist loft. The existing dance studio building is 5,300 sq. ft. If the project were to move forward, the following actions would be needed: • Zoning code text amendment to allow a dwelling unit above the dance studio in an "LB" (Limited Business) zoning district • Conditional Use Permit (CUP) to construct the exterior of the addition with cementitious fiber board siding. • Site Plan Review/Building Permit Authorization for the building addition. Zoning Code Amendment — Artist Loft. The dance studio is located in the "LB" (Limited Business) zoning district. The property owner wishes to amend the "LB" (Limited Business) zoning district to allow an apartment unit to be constructed on the second story above the studio addition. At this time, the LB zoning district has no provision for construction of a living unit as proposed. The LB zoning district allows professional offices and professional service uses. Rectories or parsonages, as part of a "religious center," would be allowed in the LB zoning district. In addition, it would not be uncommon for a funeral home, which is allowed by CUP in the LB zone to have an apartment unit in the building as part of its operation. The area of the proposed dance studio is a transition area from the commercial core of the City to the residential area to the north. A review of ordinances in other cities governing artist lofts and live-work units raises a few issues: Who would certify an artist as an artist? How? How would the City ensure that only artists and their families occupied the dwelling? If the artist leaves, who ensures the new tenant is an artist? How would this provision be enforced? Would the City consider live-work spaces for other professions? On the other hand, artist lofts often help to provide cost-effective housing that allows artists to focus on their creative endeavors. Artist lofts are often owned by non-profit groups who wish to support the art community. The buildings are self-regulating as the non-profit is able to restrict the tenants to artists and their families. An artist loft or live work unit would be a true mixed-use building. Alternate Building Materials: The exterior of commercial buildings are required to be constructed of 100% non-combustible, non-degradable and maintenance-free construction materials like brick or stone. In 2011, the property owner submitted a sketch plan that consisted of a two-story addition with a second story apartment. In keeping with the "lean industrial aesthetic," the property owner proposed a two- story structure with a flat roof and an exterior of black corrugated metal panels. The use of metal panels would have required a zoning code amendment as well as a CUP for alternate building materials. The revised 2014 sketch plans shows that the exterior will be constructed of cementitious fiber board, a more common exterior building material. The roofline is shown to be a pitched roof which relates to the nearby residential uses. Budget Impact None. Attachment(s) 1. Aerial Map 2. Zoning Map 3. 3-D Depiction of Proposal 4. Site Plan 5. Site Plan 6. Elevations 7. Elevations 8. Floor Plan 9. Floor Plan 10. Original Concept and 1-story Concept 11. Excerpts from other cities 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 7661 — 145 Street West Lot 3, Block 8, Valley Commercial Park 2 Addition C-Commercial LB-Limited Business Lot is platted. No further subdivision requested. Dance studio. 34,020 sq. ft. (0.78 acre) Flat building area, but steep slope off north end of property descending to drainage pond. Urban landscape. Stormwater retention pond abuts north side of site. NORTH SOUTH EAST WEST Heartbeat Dance Studio Expansion Sketch Plan PROJECT REVIEW Drainage Pond and Common Area for Pennock Shores Townhomes Comprehensive Plan Zoning/Land Use Mauer Office Building and Larson Photo Comprehensive Plan Zoning/Land Use Distinctive Dental & Sunshine Travel Comprehensive Plan Zoning/Land Use Kinder Care Day Care Comprehensive Plan Zoning/Land Use MD-Medium Density Residential (6-12 units/acre M-6C (6-12 units/acre) C-Commercial LB-Limited Business and RB-Retail Business C-Commercial LB Limited Business C-Commercial LB Limited Business October 10, 2014 To: Kathy Bodmer From: Deborah Lysholm Heartbeat Studios Re: Building Expansion Project / Site Plan Review meeting. The purpose of Heartbeat's request for inclusion in the next Site Plan Review meeting is two-fold: l. Get opinion and comments regarding a single-story expansion to Heartbeat's existing building for a third studio room. This expansion has become necessary due to over-crowding in classes and our desire to further expand curriculum and programming. Having a third studio room would also alleviate the necessity to run classes late into the evening, and having a schedule that is literaily Monday through Sunday. Performing arts disciplines at Heartbeat now include dance, singing and acting which have grown substantially in popularity. 2. And, get opinion and comments regarding a two-story expansion to Heartbeat's existing building for a third studio room and a studio apartment on the second level. The apartment would make running Heartbeat, personally and business-wise, much easier for the owner who most nights remains at Heartbeat past midnight. Sincerely, Heartbeat Studios, Inc. Deborah Lysholm Owner map map m si i p p k p g Excerpts from other cities New York City Joint Living-Work Quarters For Artists Joint living-work quarters for artists is a space for an artist and the artist's family in a non- residential building used for living quarters and a studio workshop. Boston Developing and Preserving Artist Space in Boston Since 2002, Artist Space Boston has helped create live/work spaces and retain existing spaces for artists in the city. Space, location and real estate are primary concerns for Boston artists. The initiative works to address these issues in collaboration with other city agencies including the Mayor's Office of Arts., Tourism and Special Events and the Department ofNeig,hborhood Development. ArtistSpace Boston is particularly interested in projects which create spaces that: are permanently dedicated to artists, are located in zones between industrial and residential neighborhoods in locations that do not support traditional family housing, and offer live/work spaces or work-only spaces for rent and for purchase at a variety of prices Artists help make Boston a more livable city. Throughout many neighborhoods of Boston, artists have helped transform marginal areas into dynamic communities. Festivals, galleries, performance spaces and retail spring up in the footprints of resident artists, generating a vibrant street life. Artists function as small businesses by providing jobs and services for Boston residents. The work and endeavors of local artists dramatically enhance the quality of neighborhoods for both the people who live there and people who visit. Fall River, MA ARTIST: A person regularly engaged in and who derives at least 20% of his/her annual income from art or creative work either written, composed, created or executed for a "one of a kind, limited" production exclusive of any piece or performance created or executed for industry oriented distribution or related production. ARTIST LOFT: Artist loft space used, or designed to be used, by artists primarily for "art use" may also be used by artists as a residence. Such residency shall be limited to one family per residential unit. Each unit shall have a minimum of 800 square feet (s.f.) of floor area for one occupant and a minimum of 1,200 square feet (s.f.) of floor area for two or more family members. City of Stoughton, MA [2.1] Definitions For alt purposes pursuant tothisbv'|aw\aUtennsandwordsusedshaUhavethemeaningsesdefinedbv the current Stoughton zoning by-Iaw and shall also include the foliowing: Artist Studio/Residence: A place of work and residence of one or more persons who are engaged actively, and either gainfully employed or as a vocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited dance, choreography, photography or filmmaking or the composition of music. This definition does not include any use included in the Adult Entertainment Establishment in the Stoughton zoning by-laws, as amended. MixedUseDmve|opmment: Acombinationofresidentia|andnon-nasidentia|uses as permitted within the SCMUOD, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot. [4.1] Permitted Uses No building or structure shall be desi ned, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure. Within the SCMUOD, the SPGA may issue a special permit for the following uses: a) Dwelling units Iocated above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 1O% percent of the total number of dwelling units at any one time be units of 3 or more bedrooms; c) Artist studio/residence; d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions; f) Restaurant and other on-premises eating and drinking establishments. 2