(If outstanding items of concern have been addressed.)

1. Recommend approval of draft ordinance amending PD-290 to add Zone 5, establish performance criteria, and redesignate Lot 1, Block 2, APPLE VALLEY COMMERCIAL ADDITION from Zone 1 to Zone 5, subject to execution of a Planned Development Agreement. 
2. Recommend approval of a Conditional Use Permit for Drive-thru facility in connection with Class I Restaurant, subject to the following condition: An exit sign shall be posted along the west property line directing drive-thru traffic to exit using the south access.
3. Recommend approval of Site Plan/Building Permit Authorization to Construct a 9,000 sq. ft. Restaurant, subject to compliance with all City Codes, the submitted plans, and the following conditions:

1. A nursery bid list shall be submitted at time of application of the building permit that confirms the value of the landscape plantings meet or exceed 2-1/2% of the value of the construction of the building based on Means Construction Data.
2. The owner shall submit a treatment plan for preservation of the existing ash tree on the site or it shall be removed.
3. No sign approvals are given this time.  A separate sign permit must be obtained prior to the installation of any signs on the site
4. The pre-order sign is not approved.
5. The northern driveway access shall be designed for right-in enter-only access.
6. Civil plans are subject to final review and approval by the City Engineer at the time of application of the building permit.
7. A lighting plan showing light levels on the site shall be submitted at the time of application of the building permit subject to review and approval by the Planner.

Launch Properties and Ryan Real Estate request consideration of an application for the redevelopment of the Ryan Real Estate building at 14750 Cedar Ave (Lot 1, Block 2 Apple Valley Commercial Addition). The proposed development would demolish the existing multiple-tenant office building and replace it with a 9,000 sq. ft. Class I Casual restaurant with two drive-thru lanes. 

Site Plan: The petitioners propose to construct the 9,000 sq. ft. restaurant on the northwest side of the site.  The front entrance will be on the south side of the building. Double drive-thru lanes are proposed to be accessed from the east side of the parking lot, traversing counter-clockwise around the north and then exiting on the west side of the site between Cedar Avenue and the building. The existing driveway access at 147th Street is proposed to be closed. A right-in-only access is proposed to be constructed on Glazier Ave approximately 230’ south of the Glazier Ave and 147th Street intersection. A second full access driveway is proposed south of the right-in-only access with a dedicated enter lane, right turn exit lane and left turn exit lane. The required number of parking spaces is calculated based on the number of seats in the restaurant. With 212 indoor seats and 28 outdoor seats, a total of 89 parking spaces would be required; ninety-six (96) spaces are provided.

Zoning Amendments Requested: The petitioners seek to amend the planned development zoning district (PD-290, Zone 1) to reduce building setbacks from Cedar Ave from 40’ to 20’, and parking lot setbacks from Cedar Ave from 20’ to 0.’ The 147th Street parking setbacks are proposed to be reduced from 20' to 4'.  The parking lot setbacks from Glazier Ave are proposed to be reduced from 20’ to 10’. Dakota County acquired additional right-of-way (ROW) and trail, drainage and utility easements (TDU) from this property in 2013 to place a monument and landscape feature on the northwest corner of the site. The reduced setbacks from Cedar Ave are needed as a result of the additional easements. Class I restaurants are a permitted use in the zoning district, but drive-thru lanes in connection with a Class I restaurant are currently not allowed. The petitioner requests an amendment to the PD that would allow two drive-thru lanes.  The building height is proposed to be increased from 30' to 35'.  Lastly, the petitioners wish to paint murals and ghosted signs directly on the building exterior.  The PD is proposed to be revised to allow direct painting on buildings and signs above a roofline to achieve an architectural theme, subject to City Council approval.

Easements and Setbacks: Dakota County obtained several additional easements from the former Ryan Real Estate property when Cedar Ave was upgraded in 2013. Additional right-of-way easements (ROW) and trail, drainage and utility easements (TDU) were obtained in order to construct the brick entrance monument feature on the southeast corner of the Cedar Ave and 147th Street W intersection (northwest corner of the site). The petitioner is working with Dakota County to request a modification to the easements to accommodate the development.

Building Design and Dumpster Placement: Staff identified a concern that the rear, or north side of the building, is visible from 147th Street. The petitioners revised the north elevation to ensure that the building has equally attractive 4-sided architecture. Staff was also concerned about the dumpster location and visibility from 147th Street.  Instead of trying to hide the enclosure, the petitioners propose to make the dumpster wall an architectural feature and to add a special graphic to the north elevation.  Additional landscaping is also proposed.  

Traffic Impacts on Area Intersections: A significant issue related to the redevelopment of the Ryan Real Estate building will be the potential impact to abutting streets and intersections resulting from increased traffic volumes. Currently during peak periods, backups occur when vehicles are waiting at the intersection of Cedar Avenue and 147th Street which prevents vehicles from turning west or left from northbound Glazier Ave. A traffic study was conducted which found that the intersection of 147th Street and Glazier will be impacted by the increased traffic levels resulting from the redevelopment. The petitioners state that any redevelopment of the site would likely increase traffic levels on the surrounding streets.

To address the traffic concerns, the City Engineer designed a regional solution for 147th Street that includes modifications to area intersections that should improve traffic circulation.  Discussions have begun with affected property owners which may involve restricting access and obtaining additional right-of-way to make improvements.  Some owners support the change while others oppose it if it interferes with their access.  The following is a summary of the developer's discussions with affected neighboring properties:

1. Merchant’s Bank, 14990 Glazier Ave – has a branch bank in Lakeville where a signalized intersection was converted to a round-about.  States that intersection performs much better.  Supports the round-about.

2. Apple Valley Professional Building, 7493-147^th Street – listened to the information and expressed openness to discussing the idea in more detail.  Stated that hybrid-elongated style round-about would be most impactful to them.  In separate correspondence to City, expressed concern over impacts to business as a result of access changes and requested to be kept informed of the project.

3. Wings Financial Credit Union, 14985 Glazier Ave – Expressed concern about 147th St and Glazier Ave intersection and traffic levels today.  Concerned that increased levels of traffic projected for this project will have further negative impact on the intersection.  Of two round-about designs, prefers hybrid-elongated design.

4. Applebee's, 14678 Cedar Ave - listened to the information provided.  Didn't raise objections or concerns.  Unclear whether the proposed roundabout design and access changes were presented to them during the discussion.

City Staff discussions with neighboring property owners:

1. Cedar Marketplace, 14638 Cedar Ave -- Owners expressed opposition to the idea of extending the center median at 147th Street and Cedar Avenue, effectively removing the immediate eastbound to northbound left off of 147th Street.  This turning movement has been a known safety issue since Cedar Avenue improvements were installed.

2. 5 Guys Burgers and Fries, 14658 Cedar Ave -- Owner lives in Chicago and is a Planning and Zoning Commissioner.  States that he is not concerned about the competition at the Apple Valley store.  But, he warned that off-site overflow parking is an issue which many Chicago communities have dealt with.  No further comments after talking with developer and receiving drawing of proposed roundabout.