1. Recommend approval of an ordinance amendment to allow for a second drive-through window in conjunction with Class II restaurant in "PD-703/zone 6".
2. Recommend approval of the Cobblestone Lake South Shore 9th Addition preliminary plat.
3. Recommend approval of the site plan/building permit authorization to a allow for construction of a 8,148-sq. ft. retail building Lot 1, Block 1, Cobblestone Lake South Shore 9th Addition, subject to the following conditions:

• A cross access and parking easement to allow unrestricted access between the two lots in the Cobblestone Lake South Shore 9th Addition shall be recorded with the final plat.
• Installation of an onsite infiltration system shall be in conformance with City standards.
• An infiltration maintenance agreement shall be filed with the deeds of the two lots.
• Construction shall occur in conformance with the site plan dated October 20, 2017.
• The Emperor Avenue street striping shall be changed per the Engineer's recommendation contained in the memo dated October 26, 2017.  The cost of the restriping of the street shall be the responsibility of the developer of Lot 1, Block 1, Cobblestone Lake South Shore 9th Addition.
• Construction occur in conformance with the building elevation plan dated August 23, 2017.
• Operation of the Class II restaurant and drive-through window service in the building shall be conducted in conformance with Section A28-2(G)(11)(a)(b)(c)(d)(e) of the City's zoning ordinance.
• Non-surmountable concrete curb and gutter shall be installed along each side of the drive-through lane.
• The driveway off Emperor Avenue be constructed in accordance with City standards.
• An agreement shall be filed with the deeds of the two lots that allows for access and maintenance of the shared storm sewer line.
• Onsite lighting shall be installed in accordance with City and Dakota Electric Association standards.  A lighting plan shall be submitted for review and approval by City staff prior to issuance of a building permit.
• All sidewalks and pedestrian curb ramps shall be constructed in accordance with City, MnDOT, and ADA (American with Disabilities Act) standards.
• The sidewalk along the east side of Emperor Avenues shall be located flush with the west curb line of the parking lot.
• Construction shall occur in conformance with the landscape plan dated October 20, 2017, and in accordance with the requirements set forth in Section 144.349 and Article A28 (Planned Development 703) of the City's zoning ordinance.
• Additional landscaping or decorative screen walls that provides screening of the drive-through lane and softening of the parking lot from 157th Street West shall be installed.
• Development and construction within the Cobblestone Lake South Shore 9th Addition shall adhere to all the items listed in the City Engineer's October 26, 2017, memo.

Hempel Companies and South Shore Development, Inc. are requesting the following:

1. A planned development ordinance amendment to allow for more than one drive-through lane in conjunction with a Class II restaurant in Planned Development Ordinance No. 703/Zone 6.
2. Approval of the subdivision of Outlot A, Cobblestone Lake South Shore 4th Addition into Cobblestone Lake South Shore 9th Addition, which will contain two lots.
3. Site plan/building permit authorization to allow for construction of an 8,148-sq. ft. retail building on a 1.26-acre Lot 1, Block 1, Cobblestone Lake South Shore 9th Addition.

The 1.97-acre outlot is located at the southeast corner of 157th Street West and Emperor Avenue.  Adjacent uses include a municipal liquor store to the West, multi-tenant retail building to the north, the Orchard Path continuum of care facility to the east and the Cobblestone Square senior apartment building to the south.  All the adjacent uses are designated "C" (Commercial) on the City's 2030 Comprehensive Land Use Map and "PD-703/zone 6" (Planned Development) on the City's zoning map.

The applicant is proposing to subdivide the existing 1.97-acre outlot into two lots. Lot 1 will be 1.26 acres and 216 feet wide and Lot 2 will be .71 acres with a lot width of 121.5 feet. Both lots exceed the minimum lot area and lot width requirements.

The applicant is proposing to construct an 8,148-sq. ft. multi-tenant retail building and 57 parking spaces on Lot 1, which will have a drive-through lane for a 2,007-sq. ft. restaurant that will wrap around the east and north sides of the building.  "PD-703" currently allows only one drive-through window service in conjunction with a restaurant facility in the overall development, which currently exists for the Costa Vida restaurant in a multi-tenant retail building located at 15678 Pilot Knob Road. Therefore, an amendment to the planned development ordinance to allow for a second drive-through window will be necessary.

The site plan shows a future 5,000-sq. ft. retail building and 33 parking spaces on Lot 2.  No application for site plan/building authorization has been submitted for this site. 

The site plan shows a single driveway off Emperor Avenue that will provide access to the two lots. The driveway will be centered on the common lot line of the two proposed lots. The proposed driveway and parking layout will require a cross access and parking easement that will need to be recorded with the final plat.

The proposed driveway will align itself with Think Bank's north driveway along the west side of Emperor Avenue, shall be a minimum of 24 feet wide and shall meet all City requirements.

The traffic memorandum was prepared by the applicant and reviewed by the City's traffic consultant. The consultant has concluded that the intersections adjacent and near the proposed subdivision would have acceptable levels of service with the new development. If traffic to and from Pilot Knob Road were to back up on 158th Street West, the City's consultant is suggesting that consideration be given to modifying the Emperor Avenue/158th Street West intersection from a full to a three-quarter or right in/right out intersection.

The City Engineer has reviewed the grading plan and his comments are included in his attached memo.  Revisions shall be made to the plan per his recommendations prior to issuance a building permit.

Sanitary sewer and watermain connections are proposed to the building on Lot 1 from existing lines in Emperor Avenue. No proposed utility connections to Lot 2 are shown at this time.

The storm sewer design shows water being collected from Lot 1 and directed east and south via underground pipe to Lot 2. The plan shows a pipe connection from Lot 2 to an existing storm pipe in Cobblestone Lake Parkway. Because the storm sewer pipes traverse across the two properties, it will be necessary to have a storm sewer management/maintenance agreement between the two properties.

The exterior trash and utility area will be screened with a dark bronze horizontal screen material. This material shall be maintenance free and shall be integrally colored.

The planned development ordinance requires that landscaping, screen wall, or a combination shall be installed between the drive-through window lane and any private and public street, and open gathering spaces. Additional landscaping or decorative screen walls shall be added to the east and north side of the site.

Comprehensive Plan: The outlot is currently guided “MIX” (Mixed Use) Mixed Use areas contain a mix of retail and service business, office, institutional, medium and higher density residential, public uses and/or park and recreation uses. The uses may be mixed vertically (in a common structure) or horizontally (in a common site or area). Among the objectives for "MIX" areas are:

• Organize land use in a compact and walkable environment.
• Set standards for private development and public improvements that produce enduring quality and enhance the character and identity of Apple Valley.
• Encourage parking strategies that support greater intensity of use.
• Integrate green/open space and trails into Mixed Use areas.
• Improve environmental conditions, such as water quality and energy use, through development incentives.
• Connect Mixed Use areas to public facilities, including transit systems, and to the broader community.

Mixed Use will be implemented through planned development zoning. The City will use design standards and other land use controls to achieve the desired outcomes.  These design standards will be implemented through planned development zoning process.  At the present time, the Central Village, Apple Valley Transit Station, former Apple Valley Transit Station, and a small portion of Cobblestone Lake are designated "MIX".

Zoning: The property is zoned Planned Development No. 703/zone 6. Identified uses in zone 6 include a wide variety of retail, restaurants, professional offices, educational tutoring services, convenience stores, apartments, and continuum of care facilities. The applicant has indicated on the site plan that a 8,148-sq. ft. retail building will be constructed on Lot 1, which will have a drive-through lane for a restaurant. 

"PD-703" allows drive-through window service in conjunction with a Class II restaurant facility subject to the following conditions:

1. The restaurant shall be located within a multi-tenant building and shall not occupy more than 50% of the building and shall not exceed 3,000 square feet of floor area.
2. Only one restaurant with a drive-through window shall be allowed in zone 6.
3. Landscaping, screen wall, or a combination thereof shall be installed between the drive-through window lane and any private and public street, and open gathering spaces.
4. Hours of drive-through window operation shall be confined to the hours of 10:00 a.m. to 11:00 p.m. daily.
5. Only one drive-through lane and menu board shall be allowed.

The zoning ordinance defines a Class II restaurant as:

• Carry-out and delivery restaurant where food is prepared for consumption off the premises only; and
• a fast food restaurant, which is an eating facility where a majority of the customers order food and are served at a counter and then take their food to a table, counter, outdoor seating area or off the premises for consumption. The food is either pre-prepared or quickly prepared and served with non- reusable food packaging and non-reusable utensils, plates and cups. Customers typically bus their own tables and 45% more of the floor area is devoted to food preparation. Any eating facility with drive-through service shall be deemed a fast food restaurant.

There is currently one Class II restaurant with drive-through window service located in the Cobblestone commercial area.  The applicant has requested an amendment to the planned development ordinance to allow for a second Class II restaurant with drive-through window service. 

Concerns were raised regarding the impacts that an additional drive-through window would have on traffic in and around the proposed development and the applicant was asked to do a traffic analysis and provide the findings to the City for review.    

The traffic memorandum was prepared by the applicant and reviewed by the City's traffic consultant.  The consultant included additional data in their review that included future development on Lot 2 of the proposed subdivision.  They concluded that the intersections adjacent and near the proposed subdivision would have acceptable levels of service.  They did indicate that if traffic to and from Pilot Knob Road were to back up on 158th Street West, consideration should be given to modifying the Emperor Avenue/158th Street West intersection from a full to a three-quarter or right in/right out intersection.

The City's consultant recommended that the driveway proposed along 158th Street West from Lot 2 to the Emperor Avenue intersection should be eliminated.  It is recommended that the proposed access off 158th Street West will need to move farther east, which will likely require careful siting of the building on that lot.

Preliminary Plat: The subject property is currently a 1.97-acre outlot located at the southeast corner of 157th Street West and Emperor Avenue. Direct access to the site is via Emperor Avenue and 158th Street West, private streets located along the west and south sides of the property. The east half of Emperor Avenue is in an existing 30-foot wide drainage and utility easement located along the west side of the outlot and the north half of 158th Street West is located in a 25-foot wide drainage and utility easement located along the south side of the outlot. An access restriction easement is in place that restricts access from 157th Street West and Cobblestone Lake Parkway.

The applicant is proposing to subdivide the existing outlot into two lots. Lot 1 will be 1.26 acres and 216 feet wide and Lot 2 will be .71 acres with a lot width of 121.5 feet. Both lots exceed the minimum lot area and lot width requirements.

All existing drainage and utility easements and the access restriction easement will remain with the split of the outlot.

Site Plan: The applicant is requesting site plan/building permit authorization to allow for construction of a 8,148-sq.ft. retail building with 57 surface parking spaces on Lot 1. A 5,000-sq. ft. building and 33 surface parking spaces is identified for Lot 2, but no building plans for this lot have been submitted. The proposed number of parking spaces is sufficient to serve the proposed buildings.

Access to the two lots will be from a driveway off Emperor Avenue. The driveway will be centered on the common lot line of the two proposed lots and will align with the Think Bank driveway to the west. The driveway width shall match the Think Bank driveway and shall conform to City standards.

The proposed driveway and parking lot layout will require a cross access and parking easement that will need to be recorded with the final plat.

An additional driveway off 158th Street West is proposed to be constructed with the development on Lot 1.  This driveway is too close to the Emperor Avenue intersection and should not be installed at this time. 

The submitted plans show a 20-foot wide drive-through lane that will traverse along the east and north side of the building on Lot 1.  The lane will accommodate six vehicles, the minimum required, and will have a vehicle escape lane for those cars that may want to exit the queue.    

Building Elevations:  The elevation drawings indicate an exterior finish that will include a combination of brick, simulated stone and cementitious panel. The exterior materials and design appear to be in conformance with the special performance standards set forth in the planned development ordinance.

The exterior trash and utility area will be screened with a dark bronze horizontal screen material.  This material shall be maintenance free and shall be integrally colored.

Landscape Plan: The submitted landscape plan identifies a variety of plantings that will be installed as part of this development.  City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for commercial projects shall be 2½% of the estimated building construction cost based on Means construction data.

The planned development ordinance also requires that landscaping, screen wall, or a combination shall be installed between the drive-through window lane and any private and public street, and open gathering spaces.  It does not appear that the proposed landscaping will meet this ordinance requirement.  Therefore, additional landscaping or a decorative screen wall  shall be added to the east and north side of the site.

Grading Plan: The site has been graded as part of the sand and gravel mining reclamation of the site. Therefore, minimal grading to accommodate the proposed building and parking lot will be needed prior to construction.  The City Engineer has reviewed the grading plan and his comments are included in his attached memo.  Revisions shall be made to the plan per his recommendations.

Availability of Municipal Utilities: The applicant is proposing to provide sanitary sewer and watermain connections to the building on Lot 1 from existing lines in the Emperor Avenue drainage and utility easement. No proposed utility connections to Lot 2 are shown at this time.

The storm sewer design shows water being collected from Lot 1 and directed east and south via underground pipe to Lot 2. The plan shows a pipe connection from Lot 2 to an existing storm pipe in Cobblestone Lake Parkway. Because the storm sewer pipes traverse across the two properties, it will be necessary to have a storm sewer management/maintenance agreement between the two properties.

City code requires on-site infiltration of the first one-half inch of storm water resulting from any rainfall event. The original plans showed an infiltration area in the center island of the parking lot.  The plans have been revised and they now show an underground structure that will be located along the north side of the south line of Lot 1. Installation of an onsite infiltration system shall be in conformance with City standards. and an infiltration maintenance agreement shall be filed with the deeds of the two lots.

The City Engineer has reviewed the utility plan and his comments contained in an attached memo.  The applicant shall make the revisions to the plan for approval by the City Engineer prior to issuance of a building permit.

Street Classifications/Accesses/Circulation: The subject property is located adjacent to 157th Street West, a collector street with a design capacity of 5,000-15,000 vehicle trips per day; and Cobblestone Lake Parkway, a local street with a design capacity of 3,000-5,000 vehicle trips per day. No direct access from a public street to the site is proposed.

Two private streets, Emperor Avenue and 158th Street West, will provide direct access to the property. The private streets are generally centered on property lines of abutting lots. To ensure unfettered access to each other’s section of the road, this configuration requires a cross access easement and maintenance agreement between all the affected property owners, which has been executed by the affected property owners along the two private streets. The petitioner will need to provide the City with documentation that they are a party to the existing “Agreement for Easements and Use Restrictions” prior to final plat approval.

Pedestrian Access: The planned development ordinance calls for sidewalks into and throughout commercial areas, between buildings and across parking areas where appropriate. A sidewalk is currently located along the west side of Emperor Avenue, on the east side of street to the south of the site, and along 157th Street West and Cobblestone Lake Parkway. The petitioner is proposing to make sidewalk connections from Lot 1 to sidewalks along 157th Street West, Cobblestone Lake Parkway and Emperor Avenue. Pedestrian ramps at the end of sidewalks and internal crosswalks should be identified on the plans.

The plans show sidewalks along the east side of Emperor Avenue and north side of 158th Street West. Internal sidewalk connections from sidewalks along those streets and between the two properties should be made as part of any development on the two lots.

Lighting Plan:  No lighting plan has been submitted with this application.  A plan shall be submitted that identifies the location all site lighting and all onsite foot-candle measurements. 

Signs: The building elevation plan identifies several sign band areas. Approval of any signage is not part of this request. All signage shall conform to the regulations set forth in the planned development ordinance and Chapter 154 of the city code.

The planned development has a condition that prohibits the illumination of signage on buildings located directly adjacent to residential uses. The proposed building will be located across the street from Orchard Place, a 175-unit continuum of care facility that will independent and assisted living, and memory care units.  This is a quasi multi-family/commercial operation where the majority of the independent/assisted living units will be located directly adjacent to the proposed development.  Therefore, any signage on the east side of the building shall be non-illuminated.  

Public Hearing Comments: The public hearing for the proposed subdivision was held on June 21, 2017. The public hearing was opened, no comments were received from the public and the hearing was closed.

A second public hearing required for the proposed planned development ordinance amendment request was held on September 20, 2017.  One resident spoke to the request and expressed his concerns about the traffic that would be generated by the additional drive-through window. He expressed his interest in seeing another restaurant that could compete with the Crooked Pint restaurant.  He also requested more landscaping added along the east side if the drive-through window was allowed.

The applicant has submitted a traffic memorandum that has been reviewed by the City's traffic consultant.  The memorandum and the consultant's review are attached with this report.

With regard to the landscaping comment, staff is conditioning approval of the site plan/building permit authorization request on the addition of landscaping and/or decorative wall along the east and north side of the property to provide screening of the drive-through lane.

Finally, the City does not have the ability to dictate the type of restaurant that can be placed on the subject property, except through the enforcement of the zoning code.  In this case, the planned  development ordinance allows for variety of uses on this property, including restaurants.  The current code does not currently allow for a second restaurant with drive-through window service in this planned development.  The applicant has requested that the planned development ordinance be amended to allow for a second drive-through window in conjunction with a restaurant facility. A  decision on that request will determine the type of restaurant that may locate in the proposed development.