HomeMy WebLinkAbout05/17/2017CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MAY 17, 2017
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 Present: Tom Melander, Ken Alwin, Tim Burke, Jodi Kurtz, Paul Scanlan and David
Schindler.
Members Absent: Keith Diekmann.
Staff Present: Community Development Director Bruce Nordquist, Planner Kathy Bodmer and
Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
Community Development Director Bruce Nordquist stated that Item 4A — Bigos Kelley Park (Phase
III) public hearing should be removed from the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda as amended. Ayes - 6 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the
minutes of the meeting of April 19, 2017. Ayes - 5 - Nays - 0. Abstained — 1
(Burke)
4. PUBLIC HEARINGS
A. Bigos Kelley Park (Phase III) — Public hearing to consider zoning amendments to PD -739
to allow for construction a 76 -unit apartment building on the northwest corner of 153rd Street
and Fresco Terrace and a 164 -unit building on the northeast corner of 153rd Street and Fresco
Terrace. (PC17-16-Z) — Removed from agenda
LOCATION: 153rd Street and Fresco Terrace
PETITIONER: Bigos Management
5. LAND USE/ACTION ITEMS
A. Five Guys Outdoor Dining — Consider site plan review request for outdoor dining area with
three (3) tables and 18 total seats. (PC17-17-B)
LOCATION: 14658 Cedar Ave, Suite G
PETITIONER: B&B of Apple Valley LLC d/b/a Five Guys
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
May 17, 2017
Page 2 of 4
Planner Kathy Bodmer stated Five Guys restaurant at 14658 Cedar Avenue, Suite G, requests Site
Plan Review and Approval to create a 6' x 29' outdoor dining area for three tables with a total of 18
seats. The 6' tables are placed immediately adjacent to the building, which will maintain a 6' wide
sidewalk for pedestrian circulation around the shopping center. No alcohol is proposed to be served
in the outdoor dining area, which will help to reduce noise impacts to adjacent properties and
tenants. Fencing will not be required for this small outdoor area. One additional parking space
would be required for an 18 -seat outdoor dining area. A parking study confirms that there is
adequate parking available on the site to accommodate the requested outdoor dining area.
She added the applicant would like to reduce the sidewalk width requirement to 5'.
Commissioner Alwin commented he agrees with the change from 6' down to 5'.
Commissioner Scanlan inquired how the perimeter comes into play with the planting materials and
a fence.
Ms. Bodmer answered that when you have a liquor license there are standards and typically that is
when you see the fenced in area because they have to be able to delineate that specific area. It is not
needed at this location.
Commissioner Kurtz inquired if customers will be served outside or do they go get the food
themselves.
Ms. Bodmer answered that customers go to the counter inside and place the order and get their food
from the counter.
Chair Melander commented that it seems like a reasonable use to him and that outdoor dining is
becoming very popular in Minnesota and feel more requests will come forth as time goes along.
Commissioner Alwin commented that a previous restaurant in the area to the north had been
approved for outdoor dining and there had been a restriction on the music and noise because of the
nearby neighborhood.
Ms. Bodmer noted that had been because of the liquor license at that restaurant and the late night
activities. She added Five Guys closes at 10:00.
Commissioner Alwin inquired if there was intent to pipe outdoor music at the Five Guys restaurant.
Ms. Bodmer answered not that staff was aware of and that it could be added as a condition if the
Commission was concerned about that.
MOTION: Commissioner Alwin moved, seconded by Commissioner Burke, recommending
approval of the Site Plan/Building Permit Authorization for an outdoor dining area in
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
May 17, 2017
Page 3 of 4
accordance with the site plan dated May 4, 2017, the floor plan dated May 4, 2017,
and subject to compliance with §155.383, and the following conditions:
• The outdoor dining area shall consist of three tables with six seats each for a total
of 18 seats on the sidewalk.
• The outdoor dining area shall be maintained to keep a minimum 5' wide clear
sidewalk area in front of the restaurant for pedestrian circulation.
• The outdoor dining area shall be restricted to the confines of the area delineated
on the site plan and floor plan.
• The outdoor dining area shall be kept in a neat, clean and orderly condition at all
times.
• An Outdoor Dining Area permit shall be obtained from the Building Inspections
Department prior to placing the tables on the sidewalk.
• The site plan for the additional seating in the outdoor dining area shall be
submitted to the Met Council for a sewer availability charge (SAC)
determination. A SAC determination letter shall be submitted at the time of
application of the Outdoor Dining Permit. All SAC fees shall be paid to the City
prior to issuing the Outdoor Dining Permit and placing the tables on the
sidewalk.
• No outdoor music shall be played in the outdoor dining area.
Ayes -6 -Nays -0.
6. OTHER BUSINESS
A. 2040 Comprehensive Plan Update
Community Development Director Bruce Nordquist provided an update on the 2040
Comprehensive Plan Update and revisited the Orchard Place area.
Discussion followed.
B. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place Wednesday, June 7, 2017, at 7:00 p.m.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the
meeting at 8:19 p.m. Ayes - 6 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
May 17, 2017
Page 4 of 4
Respectfully Submitted,
Jo t Murphy, Planning Dep ment
Akistant
Approve by tlle Apple Valley Planning Commissi
on
Tom Melander, Chair