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06-05-24 Agenda Packet
M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 June 5, 2024 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 May 1, 2024 Regular Meeting 4.Public Hearings 5.Land Use / Action Items A.C hick-Fil-A Setback Variance - 7480 153rd St W - PC 24-06-V C onsideration of a variance reducing the C edar Ave setback from 50' to 25' (25' variance) for the construction of a canopy over the meal delivery area of the drive-thru. LO C AT IO N: 7480 153rd St W PET IT IO N ER: Kimley-Horn & Associates Inc. 6.Other Business A.Review of Upcoming Schedule and Other Updates Planning Commission - T hursday, J une 20, 2024 - 7:00 p.m. Planning Commission - Wednesday, J uly 17, 2024 - 7:00 p.m. C ity Council - T hursday, J une 13, 2024 - 7:00 p.m. C ity Council - T hursday, J uly 11, 2024 - 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:J une 5, 2024 S E C T I O N:Consent A genda Description: A pprove Minutes of May 1, 2024 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 the regular meeting of May 1, 2024. S UM M ARY: T he minutes of the 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 May 1, 2024 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, Phil Mahowald, Jeff Prewitt and Douglas Hlas Member(s) Absent: Becky Sandahl City staff members attending: 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 - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of April 17, 2024 MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the minutes of April 17, 2024. Roll call vote: Ayes - 6 – Nays – 0. 4. PUBLIC HEARING None 5. LAND USE A. Applewood Pointe of Apple Valley Second Addition CD Director Benetti provided a brief presentation. Commissioner Scanlan asked for confirmation that there would be a setback of 5’ between each home for a total of 10’. CD Director Benetti stated that is correct. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2024 Page 2 of 3 Commissioner Scanlan asked if the homeowners would have access to the amenities provided to the residents in the apartment. The applicant, Dave Young (United Properties), stated they would not have access other than to pedestrian trails. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of ordinance amending Chapter 155 Appendix F, Article A39 of the City Cody regulating Planned Development Designation No. 1080. Roll call vote: Ayes – 6 – Nays – 0. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of Applewood Pointe of Apple Valley Second Addition Preliminary Plat subject to conditions outlined in Exhibit A. Roll call vote: Ayes – 6 – Nays – 0. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a site plan/building permit authorization for Applewood Pointe of Apple Valley Second Addition subject to conditions outlined in Exhibit B. Roll call vote: Ayes – 6 – Nays – 0. 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, May 15, 2024, 7:00 p.m. The next City Council meeting is Thursday, May 9, 2024, 7:00 p.m. CD Director Benetti also welcomed the new Planning Commissioner, Douglas Hlas, to his first meeting. 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to adjourn the meeting at 7:12 p.m. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2024 Page 3 of 3 Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 06/05/2024 . 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:J une 5, 2024 S E C T I O N:L and Use / Action I tems Description: Chick-Fil-A Setback Variance - 7480 153rd St W - P C24-06-V S taff Contact: S ydnee Stroeing, A ssociate P lanner Department / Division: Community Development Department Applicant: K imley-Horn & Associates I nc., on behalf of Chick-Fil-A I nc. P roject Number: P C24-06-V Applicant Date: 4/29/2024 60 Days: 6/28/2024 120 Days: 8/27/2024 AC T I O N RE Q UE S T E D: If the Planning C ommission concurs, the following motion would be recommended: Recommend approval of a variance reducing the setback for a meal delivery canopy from 50' to 25' from C edar Ave based on the findings listed below and subject to the conditions listed below. F indings: 1. T he site received building setback variances in 2013 citing the additional right-of-way needed for the C edar Ave upgrade project. T he building setbacks were reduced from 50' to 32' for Cedar Ave setback and from 40' to 31' for 153rd St W setback. 2. T he current building location and drive-thru lanes set in 2013 are based upon the 2013 approved variances. 3. Two additional setback variances were granted in 2021 for the construction of two canopies in the drive-thru area. A reduction in the setback area along 153rd St W from 40' to 10' was approved, and a reduction in the setback area along C edar Ave from 50' to 21' was also approved. 4. T he canopy along 153rd St was constructed, but the canopy along C edar Ave was not constructed due to structural challenges. T he approved variance for the C edar Ave setback reduction has lapsed, and new approved variance is required to construct the canopy in the setback area. 5. Reasonable alternatives are not available. In order to meet setbacks, significant site and building redevelopment would be needed. 6. T he canopy will cover existing impervious surface area. No new impervious will be added. 7. Outdoor staff assisting with the meal delivery of orders help to improve service times and drive-thru efficiency. 8. T he canopy is requested to provide outdoor staff with weather protection by providing shade, fans, and heaters. 9. T he site is heavily landscaped. No landscaping is proposed to be removed for the canopy project. C o ndi ti ons (See the attached draf t resolution, subject to C ity Attorney review and approval): 1. Lighting of the canopies shall be the minimum needed for safe and efficient operation between pedestrians and motor vehicles. Downcast, shoebox fixtures only. 2. No signage shall be installed on the canopies that is visible from adjacent public streets. 3. A lighting plan shall be submitted which confirms that the additional canopy lighting meets the requirements of §155.353(C) and that no light exceeds 1.0 footcandles at the property line. 4. No existing trees, shrubs, or other vegetation shall be removed, except as authorized as part of N RMP. 5. T he design of the canopy shall be consistent with the submitted elevation drawings received in C ity Offices May 10, 2024. S UM M ARY: Kimley-Horn & Associates Inc., on behalf of C hick-Fil-A , is requesting a setback variance from C edar Ave to construct a canopy over the meal delivery section of their drive-thru at the Chick-Fil-A restaurant located at 7480 153rd St W. T he meal delivery canopy is proposed to be located along the western edge of the building. T he canopy dimensions range from 8.5' to 10.2' in width and is 79.5' in length with a clearance of 9'. T he setback from the proposed canopy to the property line along Cedar Ave ranges in distances from 28.9' to 24.7'. T he applicant is requesting a setback variance from the closest point of the canopy to C edar Ave at a reduction of 25'. Chick-Fil-A provides additional staff outdoors to take orders and deliver food during peak hours and as needed. T he meal delivery canopy is intended to provide weather protection for staff members that are outdoors. T he canopy will be equipped with fans, heaters, and lighting. B AC K G RO UND: Previous Variances Granted: 1. T he C hick-Fil-A building received two variances in 2013 to allow the construction of the building 32' from C edar Ave and 31' from 153rd St W. the resolution approving the variance noted that 20' of C edar Ave right-of-way and 15' of 153rd St right-of-way had been acquired by Dakota County for the Cedar Avenue upgrade project. 2. Two additional variances were approved in 2021; a setback variance from 40' to 10' from 153rd St W for the construction of a canopy, and a setback variance from 50' to 21' from C edar Ave for the construction of another canopy. T he canopy along 153rd St was installed, but the canopy along Cedar was not constructed due to structural challenges. T he setback variance approved for the canopy along Cedar Ave has since lapsed. Intersection Landscape Enhancements: As part of the C edar Avenue upgrade project, Dakota County obtained additional right-of-way at key intersections in order to construct feature entryway monuments with gates, directional maps, benches, decorative concrete, and enhanced landscaping. T he southeast corner of C edar Ave and 153rd St is one of the intersections to receive the additional landscape enhancements. Reason for Variance Request: T he new setback variance is being requested due to the previous variance lapsing. T his request includes new plans with slightly different dimensions; the newly proposed canopy is shorter in length and will require a smaller reduction in setback than the previous variance approval. While the dimensions and setbacks are different than the previous variance approval, the goal is the same -- to improve traffic flow and store efficiency by providing comfort and safety to outdoor staff members. 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 for Finding a 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 (Chapter 155, Zoning): 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. Summary of Findings: T he 50' setback requirement could only be met if the building itself were moved and the site was reconstructed entirely. A similar request for a slightly different canopy was approved in 2021, but the request has lapsed. T his new proposed canopy would be less of an encroachment into the setback than the previous approved request. T he canopy is expected to be mostly screened by existing landscaping along C edar Ave. T he canopy will help to keep outdoor staff safe and comfortable who will in turn be assisting in improving drive-thru efficiency. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Applicant L etter L ocation Map Z oning Map Site P lan Plan S et Elevations Existing Conditions Existing Conditions Resolution Memo Memo kimley-horn.com 111 West Jackson Boulevard, Suite 1320, Chicago, IL 60604 312 726 9445 April 26, 2024 Building and Zoning Department City of Apple Valley, Minnesota 7480 153rd Street West Apple Valley, MN 55124 Attn: Kathy Bodmer, AICP, City Planner kathy.bodmer@applevalleymn.gov (952) 953-2503 RE: Chick-fil-A – Apple Valley FSU – Zoning Variance Letter Dear Ms. Bodmer, We are writing this letter to outline the proposed improvements at the Chick-fil-A located at 7480 153rd Street West. The proposed drive-thru improvement project is respectfully petitioning for amendment(s) of the zoning ordinance of The City of Apple Valley, Minnesota, for the variance(s) in respect thereto of the provisions in Title XV Land Usage, appendix C, Requirements for Business and Industrial Districts, of the code of the City of Apple Valley, Minnesota, for property commonly known as 7480 153rd Street West. As a portion of the proposed drive-thru improvements, a new canopy structure will be installed along the western portion of the drive-thru. This structure will encroach upon the required building setback, as noted in the sections referenced above. The exact encroachment length and width of the canopy will be finalized upon the project’s final design. However, the maximum anticipated canopy size will result in an additional 8.5ft of encroachment at 80ft of length into the 50’ building setback. The entrance of the drive-thru will also be adjusted resulting in the reduction of 2 standard parking spaces and an increase in the total stacking spaces by 8. Thus, making the total parking count 36 stalls and total stacking spaces 30. This meets the required stall count as the existing building contains 106 seats and 1 stall is required per 3 seats. These proposed improvements intend on improving traffic flow and the store’s overall efficiency. The construction of these improvements is anticipated to take 3-4 weeks and are projected to be completed in 2025. We appreciate your consideration for our variance application for the proposed drive-thru improvements and canopy installations. If you have any questions or concerns with the information above, please do not hesitate to contact me at (630) 487-3432 or at jake.panter@kimley-horn.com. Sincerely, Jake Panter, P.E. Kimley-Horn and Associates, Inc. 153RD ST W CE D A R A V E WH I T N E Y D R CE D A R A V E Nearmap US Inc ^ ¯ SITE Chick-Fil-A Setback Variance Location Map 0 200 400 Feet RB PD- PD-244 153RD ST W CE D A R A V E WH I T N E Y D R CE D A R A V E ^ ¯ 0 200 400 Feet SITE Chick-Fil-A Setback Variance Zoning Map PRIVATE IMPROVEMENT PLANS FOR CHICK-FIL-A 7480 153RD STREET WEST APPLE VALLEY, MN 55124 SITE DATA TABLE FEMA FIRM FLOOD ZONE INFORMATION VICINITY MAP NORTH PROJECT TEAM SCOPE OF WORK PROJECT VICINITY PRE-DEVELOPMENT VS. POST DEVELOPMENT CONDITIONS C000 COVER SHEET SHEET INDEX SHEET NO.:DESCRIPTION C000 COVER SHEET 1 OF 3 EXISTING CONDTIONS 2 OF 3 EXISTING CONDITIONS 3 OF 3 EXISTING CONDITIONS C200 SITE PLAN JHP 04/30/2024 26 A p r i l 2 0 2 4 Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. CONSULTANT PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER CKDRAWN BY NO.DATE DESCRIPTION AP P L E V A L L E Y F S U REVISION SCHEDULE 3158 1234 B B 1234 FSR# CH I C K - F I L - A 74 8 0 1 5 3 R D S T W AP P L E V A L L E Y , M N 5 5 1 2 4 k: \ C H S _ L D E V \ c h i c k - f i l - a \ 3 1 5 8 - a p p l e v a l l e y f s u _ a p p l e v a l l e y _ m n \ 2 0 2 3 \ C A D D \ p l a n s h e e t s \ C 0 0 0 C O V E R S H E E T . d w g Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349- 2998 268214016 C C A A © 1 05/10/2024 CITY COMMENTS 7 4 8 0 1 5 3 R D S T R E E T W E S T NORTH LEGEND SITE PLAN KEYNOTES NOTES PARKING ANALYSIS ZONING/SETBACK REQUIREMENTS LANDSCAPING SUMMARY SITE PLAN C200 JHP 04/30/2024 10 M a y 2 0 2 4 Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. CONSULTANT PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER CKDRAWN BY NO.DATE DESCRIPTION AP P L E V A L L E Y F S U REVISION SCHEDULE 3158 1234 B B 1234 FSR# CH I C K - F I L - A 74 8 0 1 5 3 R D S T W AP P L E V A L L E Y , M N 5 5 1 2 4 K: \ C H S _ L D E V \ c h i c k - f i l - a \ 3 1 5 8 - a p p l e v a l l e y f s u _ a p p l e v a l l e y _ m n \ 2 0 2 3 \ C A D D \ p l a n s h e e t s \ C 2 0 0 S I T E . d w g Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349- 2998 268214016 C C A A © 1 05/10/2024 CITY COMMENTS EQUIPMENT SCHEDULE LED DECK LIGHT SUPPLIER: CANOPY MANUFACTURER. LEGACY LED CANOPY LIGHT; CRUS SC LED LW 30 UE WHT. OVERHEAD LED LIGHT PREMOUNTED TO CANOPY PER MANUFACTURERES GUIDELINES. 15-15/16" L X 15-15/16"D X 7-1/8" H; STANDARD SYMMETRIC LIGHT DISTRIBUTION; 300K LIGHT TEMPERATURE; G.C. RESPONSIBLE FOR ELECTRICAL CONNECTIONS. CLEARANCE TEXT SUPPLIER: CANOPY MANUFACTURER; 9'-0" CLEARANCE TEXT; METALLIC VINYL NUMBERS. TEXT HEIGHTS VARY BY CANOPY - SEE SHOPS FOR COMPONENT AND DIMENSION INFO, CANOPY VENDOR TO INSTALL. CANOPY EQUIPMENT SPEC NOTES: REFER TO CANOPY MANUFACTURER CUTSHEET FOR HEATERS, FANS, CANOPY LIGHTS, PERMANENT BOLLARD & SLEEVE, AND 9'-0" CLEARANCE TEXT SPECIFICATIONS. X0.3 BOLLARD SLEEVE SUPPLIER: G.C. MODEL NUMBER: 1736YRS - EAGLE 6" 6-7/8" ID, 7-3/8 OD, 56"H; COLOR: SAFETY YELLOW W/ REFLECTIVE RED STRIPE. HIGH-DENSITY POLYETHYLENE (HDPE) CONSTRUCTION WITH UV INHIBITORS; SLIDE-ON & TRIM PER MANUFACTURERE'S INSTALLATION INSTRUCTIONS. MOUNTED FAN SUPPLIER: TOM BARROW COMPANY (CONTACT SCOTT GEORGE PH#:404-351-1010 SGEORGE@TOMBARROW.COM) TPI CORP - U18TE-HD 22-1/2" DIAMETER; BLACK FINISH; 10' CORD; TOTALLY ENCLOSED; CORROSION AND DENT PROOF HOUSING. 120V, 1 PHASE; 3 SPEED MOTOR; MOUNT TO WALLS, COLUMNS OR CANOPY CEILING PER MANUFACTURER'S INSTRUCTIONS. NOTE: 1. ALLOW 4'-0" MIN. BETWEEN LIGHTS/FANS AND HEATERS. 2. UTILITIES SHALL BE FED OVERHEAD ON EXISTING BLDGS. 3. INSTALL FLASHING AT ALL WINDOW CONDITIONS, SEE 4ASP1.1 4. ALL FOOTINGS TO BE BELOW GRADE. 5. DO NOT UNDERMINE EXISTING BUILDING FOUNDATION. 6. DRAINAGE TO BE BELOW GRADE WHEN POSSIBLE PER SITE CONDITIONS; TIE INTO EXISTING UTILITIES. 7. G.C. TO VERIFY METHOD OF DRAINAGE ON CANOPY SHOP DRAWINGS. 8. G.C. TO PATCH AND REPAIR WALL AFFECTED BY DEMOLITION. FINISH TO MATCH EXISTING. 9. X/Y DIMENSION SHOWN FOR ILLUSTRATIVE PURPOSES ONLY FROM FACE OF FINISH TO COLUMN CENTERLINE. G.C. TO CONFIRM DIMENSIONS WITH CIVIL PLANS AND FIELD VERIFY EXACT LOCATIONS. G.C. TO NOTIFY CHICK-FIL-A PROJECT TEAM IF CANOPY LOCATION CHANGES AND IMPACTS OTHER CONSTRUCTIONS RELATED CONDITIONS. EXPOSED PIPING FINISHES: ANY EXPOSED GAS OR ELECTRICAL CONDUIT SHALL BE FINISHED. PAINTED BLACK TO MATCH ADJACENT MATERIAL. EXTERIOR FINISH SCHEDULE: PT-1 DURA COAT, DC19ST02703 DARK BRONZE, OIL RUBBED BRONZE METALLIC TEXTURE PVD PT-2 SMOOTH WHITE, HIGH GLOSS LEGEND XXXX EQUIPMENT TAG. XXXX FINISH TAG. NOTE: REFER TO CFA'S OMD SERVICE & SAFETY GUIDELINES AS WELL AS CFA'S OMD G.C. INSTALL GUIDE FOR REFERENCE. OVERHEAD ELECTRIC HEATER SUPPLIER: BROMIC HEATING RE: ELECTRICAL PLANS 56"L X 8.5"D X 3.5"H; BLACK HIGH TEMPERATURE COATING FINISH; CEILING OR WALL MOUNTED; HORIZONTALLY FACING 30° TO GROUND; SEE CANOPY MANUFACTURER'S SHOP DRAWINGS TOP OF HEATER TO BE MIN 12" TO BOTTOM OF DECK. MUST BE MORE THAN 8' ABOVE GROUND; MUST BE MIN 4' BETWEEN CENTER OF HEATER TO CENTER OF FAN. X0.9 X0.16 X0.19 X0.29 TOP OF PAVING RE: CIVIL 0'-0" BUILDING'S FIN. FLR. LINE 9'-8" ABOVE BLDG'S FIN. FLR. 9'-0" TOP OF PAVING RE: CIVIL 0'-0" BUILDING'S FIN. FLR. LINE 9'-8" ABOVE BLDG'S FIN. FLR. X0.16 X0.29 X0.19 7' - 5 " M I N . B / O F A N 2" 1' - 0 " FASCIA PER MFR. 8' - 0 " M I N . B / O H E A T E R WALL MOUNTED ELECTRIC HEATER. CANOPY COLUMN. TYP. FAN. TYP. OUTLINE OF COLUMN FOOTING BELOW. TYP. RE: CANOPY SHOP DRAWINGS. OUTLINE OF EXISTING D/T CANOPY TO BE REMOVED. PATCH AND REPAIR WALL AFFECTED TO MATCH EXISTING FINISH. YELLOW SAFETY POST, TYP. REFER TO OMD SERVICE & SAFETY GUIDELINE FOR ADDITIONAL OMD COMPONENTS. CLEARANCE HEIGHT NUMBERSSLOPE TO GUTTER. FANS OUTLINE OF CFA RESTAURANT BUILDING. OUTLINE OF DRIVE THRU BUMP OUT BEYOND. ALLOW 2" GAP FOLLOWING BUILDING CONTOURS. OUTLINE OF COLUMN FOOTINGS BELOW. TYP. RE: CANOPY SHOP DRAWINGS. EXISTING BUILDING CANOPY TO BE REMOVED. PATCH AND REPAIR EXTERIOR FINISHES AS NEEDED. CANOPY PERIMETER CHANNEL, TYP. PT-1 PT-1 EXISTING BUILDING CANOPY TO BE REMOVED. PATCH AND REPAIR EXTERIOR FINISHES AS NEEDED. 3" MIN.NEW BUILDING AWNING. BY OTHERS [C1-N] C/L 1 2 3 5 A 2/ASP1.1 3/ A S P 1 . 1 4 X0.29 X0.9 X0.16 9 1 / 4 " 7' - 5 3 / 4 " 8' - 5 1 / 2 " F A S C I A T O F A S C I A 3'-6"18'-0"19'-0"18'-0" FASCIA PER MFR.FASCIA PER MFR. FA S C I A PE R M F R . 11'-4 3/4"9'-6 3/4" 8' - 4 1 / 2 " 10 ' - 2 1 / 2 " F A S C I A T O F A S C I A 1' - 1 0 " B 79'-5 1/2" FASCIA TO FASCIA CONFIRM WITH CANOPY SHOP DRAWINGS OVERHEAD LED DECK LIGHT, TYP. YELLOW SAFETY POST, TYP. REFER TO OMD SERVICE & SAFETY GUIDELINE FOR ADDITIONAL OMD COMPONENTS. ALLOW 2" GAP FOLLOWING BUILDING CONTOURS. FAN. TYP. ELECTRICAL SWITCHES & CONDUIT WITHIN COLUMNS. RE: ELECTRICAL OUTLINE OF EXISTING CANOPY ABOVE DT WINDOW TO BE REMOVED. PATCH AND REPAIR WALL AS NEEDED TO MATCH EXISTING ADJACENT FINISH REFER TO OMD SERVICE & SAFETY GUIDELINE FOR ADDITIONAL OMD COMPONENTS. CANOPY DECK PANELING ABOVE OUTLINE OF EXISTING CANOPY ABOVE WINDOW TO BE REMOVED. OUTLINE OF COLUMN FOOTING BELOW. RE: CANOPY SHOP DRAWINGS WALL MOUNTED ELECTRIC HEATER INTERNAL DOWNSPOUT WITHIN COLUMN TO DRAIN BELOW GROUND. RE: CIVIL PLANS & CANOPY SHOP DRAWINGS PT-2 EXISTING DRIVE THRU WINDOW TO REMAIN. OUTLINE OF EXISTING CANOPY ABOVE WINDOW TO BE REMOVED. PULL FORWARD FLEX SIGN. RE: CIVIL INTERNAL DOWNSPOUT WITHIN COLUMN TO DRAIN BELOW GROUND. RE: CIVIL PLANS & CANOPY SHOP DRAWINGS 6" YELLOW PERMANENT BOLLARD. NEW BLDG AWNING. REF PLANS FOR WALL TYPE STEEL FLASHING WITH HEM, FINISH TO MATCH ADJACENT CANOPY FINISH CONTINUOUS SEALANT, COLOR TO MATCH ADJACENT MATERIAL 1/4" DIA. DRIVE PIN & ANCHOR @ 2'-0" O.C. CONTINUOUS SEALANT CANOPY STRUCTURE FLASHING NOTE: FLASHING TO BE INSTALLED BY CANOPY VENDOR 2" TYP B.O. CANOPY ELECTRIC HEATER MOUNTED TO WALL RE: MECHANICAL 3 0 . 0 0 ° EXISTING DRIVE THRU WINDOW 1' - 0 " MARCH 2024 CONSULTANT PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER DRAWN BY NO.DATE DESCRIPTION AP P L E V A L L E Y REVISION SCHEDULE A 03158 1234 B C D E A B C D E 1234 CH I C K - F I L - A 74 8 0 1 5 3 R D S T W AP P L E V A L L E Y , M N 5 5 1 2 4 2024.0114 - BUILDING TYPE / SIZE: RELEASE: S08E-R FSR # SEAL: CHECKED BY Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 INFORMATION CONTAINED ON THIS DRAWING AND IN ALL DIGITAL FILES PRODUCED FOR ABOVE NAMED PROJECT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT EXPRESS WRITTEN OR VERBAL CONSENT FROM AUTHORIZED PROJECT REPRESENTATIVES. INTERPLAN LLC ARCHITECTURE ENGINEERING PERMITTING 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. CO P Y R I G H T © 2 0 2 4 I N T E R P L A N L L C R E S E R V E S C O P Y R I G H T & O T H E R R I G H T S R E S T R I C T I N G T H E S E D O C U M E N T S T O T H E O R I G I N A L S I T E O R P U R P O S E F O R W H I C H T H E Y W E R E P R E P A R E D . R E P R O D U C T I O N S , C H A N G E S O R A S S I G N M E N T S A R E P R O H I B I T E D . PERMIT ASP-1.1 ARCHITECTURAL SITE PLAN - OMD CANOPY SN JC NORTH Existing Conditions: West Side of Building Existing Conditions: Canopy on North Side of Property 1 CITY OF APPLE VALLEY RESOLUTION NO. 20 24 - A RESOLUTION APPROVING CHICK-FIL-A CANOPY SETBACK VARIANCE TO CEDAR AVENUE AND ATTACHING CONDITIONS THERETO 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 WHEREAS, pursuant to the City’s said regulations, a “Variance” is an exception granted by the City Council from the literal provisions of the zoning regulations when a practical difficulty is shown to exist due to unique conditions on the property exist which do not apply to the area in general; and WHEREAS, approval of a Variance has been requested by Kimley -Horn & Associates Inc., on behalf of Chick-fil-a, Inc., for a variance to reduce the setback from Cedar Avenue from 5 0’ to 2 5’ in order to construct a building canopy at 7480 – 153rd St. W. (Lot 2, Block 1, CUB FOODS 2 ND ADDITION); and WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public mee ting held on June 5 , 202 4 , and made the following determination: 1. The site received building setback variances in 2013 citing the additional right-of - way needed for the Cedar Avenue upgrade project. The building setbacks were reduced from 50’ to 32’ for Cedar Ave setback and from 40’ to 31’ for 153 rd St W setback. 2. The current building location and drive-thru lanes set in 2013 are based upon the 2013 approved variances. 3. Two additional setback variances were granted in 2021 for the construction of two canopies in the drive -thru area. A reduction in the setback area along 153 rd St W from 40’ to 10’ was approved, and a reduction in the setback area along Cedar Ave from 50’ to 21’ was also approved. 4. The canopy along 153rd St W was constructed, but the canopy along Cedar Ave was not constructed due to structural challenges of the original design . The approved variance for the Cedar Ave setback reduction has lapsed, and a new approved variance is required to construct the canopy in the setback area. 5. Reasonable alternatives are not available. In order to meet setbacks, significant site and building redevelopment would be needed. 6. The cano py will cover existing impervious surface area. No new impervious will be added. 2 7. Outdoor staff assisting with the meal delivery of orders help to improve service times and drive -thru efficiency. 8. The canopy is requested to provide outdoor staff with weather protection by providing shade, fans, and heaters. 9. The site is heavily landscaped. No landscaping is proposed to be removed for the canopy project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the v ariance to reduce the setback of a building canopy from Cedar Avenue from 50’ to 25’ on the property located at 7480 – 153rd St. W. (Lot 2, Block 1, CUB FOODS 2 ND ADDITION) is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the variance approval shall lapse. 2. Construction shall occur in conformance with th e site plan received in City offices May 10 , 2024, on file in City offices . 3. Construction shall occur in conformance with the elevation plan received in City offices May 10, 2024 , on file in City offices, subject to the following conditions: a. Lighting of the cano py shall be the minimum needed for safe and efficient operation between pedestrians and motor vehicles. Downcast, shoebox fixtures only. b. A lighting plan shall be submitted which confirms that the additional canopy lighting meets the requirements of §155.353(C) and that no light exceeds 1.0 footcandles at the property line. c. No signage shall be installed on the cano py that is visible from adjacent public streets. 4. Subject to all conditions noted in the Building Official’s memo dated May 6, 2024. 5. Subject to all conditions noted in the Assistant City Engineer’s memo dated May 28, 2024. 6. Site grading shall occur in conformance with a Natural R esources Management Plan (NRMP) which shall include a final grading plan to be submitted for review and approval by the City Engineer. 3 7. No existing trees, shrubs or other vegetation shall be removed, except as authorized as part of the NRMP. 8. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction shall be limited to 8:00 a.m. to 5:00 p.m. Saturdays. City Council approval is required for construction hours outside of the above-stated days and times. 9. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 10. Issuance of a Building Permit is contingent upon the project being constructed in conformance with all the preceding conditions , as well as all applicable performance standards of the current zoning regulations . 11. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the expr ess authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as deter mined by the Apple Valley Fire Marshal. ADOPTED this ___ day of ___, 20 24. __________________________________ Clint Hooppaw, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ____ day of _____, 2024. ________________________________ Pamela J. Gackstetter, City Clerk City of MEMO Building Inspections TO: Sydnee Stroeing, Associate Planner FROM: George Dorn , Building Official DATE: May 6 ,2024 SUBJECT: Chick -Fil-A Canopy, Western Edge along Cedar • A separate electric permit is required • A separate mechanical and gas line permit is required • Special inspections are required for welding of the structural framework • The canopy must be made entirely of non -combustible construction. CITY OF MEMO Public Works TO: Sydnee Stroeing, Associate Planner FROM: Evan Acosta, Assistant City Engineer DATE: May 28, 2024 SUBJECT: Chick Fil A Variance Request per plans dated 5/10/2024 Sydnee, The following are comments regarding the Chick Fil A Sit Variance request per plans dated 5/10/2024. Please include these items as conditions to approval. Site 1. Final Pavement Marking size and location are subject to City Engineer Approval. 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 :J une 5, 2024 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: T hursday, J une 20, 2024 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on T hursday, May 23, 2024. Site plan, variance applications due by 9:00 a.m. on T hursday, J une 6, 2024. Wednesday, J uly 17, 2024 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, J une 19, 2024. Site plan, variance applications due by 9:00 a.m. on Wednesday, J uly 3, 2024. Next City Council Meetings: T hursday, J une 13, 2024 - 7:00 p.m. T hursday, J uly 11, 2024 - 7:00 p.m. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A