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Home My WebLink About01/09/2019 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 9, 2019 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, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 7 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of December 19, 2018. Ayes - 6 - Nays - 0. Abstained — 1 (D iekmann) 4. PUBLIC HEARINGS - NONE - 5. LAND USE/ACTION ITEMS A. Panera Bread Restaurant — PC18-33-ZCB City Planner Tom Lovelace stated Panera Bread, LLC and Brixmor Southport Centre, LLC are requesting approval of a planned development ordinance amendment, conditional use permit and site plan/building permit authorization to allow for construction of a 4,820 -sq. ft. Class I restaurant with drive-through window service on an existing 1.28 -acre lot. The site is located at 15200 Cedar Avenue, in the Southport Centre retail development and is the current location of the Baker's Square restaurant. The site is located in zone 2 of Planned Development No. 244, which allows for Class I and CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9, 2019 Page 2 of 4 II restaurants as permitted uses and drive-through window service in conjunction with a Class II restaurant as a conditional use. The applicant is requesting that the planned development ordinance be amended to allow for drive-through window service in conjunction with a Class I restaurant as a conditional use. He said a public hearing for the zoning amendment and conditional use permit requests was held on December 5, 2018 and he commented on the questions received during that public hearing. Discussion followed. Brent Massey, CEI Engineering Associates, Inc., representing Panera was available for questions. Nobody asked him any questions. Dick Hanson, 7108 Lower 170th Ct, said he was there to represent the customers of Baker's Square and that Baker's Square was a home away from home. It was a place to share. He said you are eliminating a place for them to go and that Baker's Square is a very unique place and they provide a lot of jobs. He added this is a very important part of the community. Chair Melander said he understood the concerns, but the City, and particularly the Planning Commission has nothing to do with what applications are being made. They do not direct that nor do they drive that. They do not solicit people to bring in certain types of businesses. He added that the Planning Commission is here to act on applications related to the site and land use. He noted that the application was brought forward by both Panera and the property owner of the Center. He said it is certainly not the Commission's place to dictate what they can and cannot do. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of an ordinance amendment to allow for drive-through window service in conjunction with a Class I restaurant in Planned Development No. 244/zone 2; subject to the following conditions: 1. Only one Class I restaurant with drive-through window service shall be allowed in zone 2. 2. The Class I restaurant shall be a free-standing building. 3. Only one drive-through lane and menu board shall be allowed. 4. All signage associated with the drive-through window service shall adhere to Section 154.04 (J)(1)(2)(3)(4)(5). Ayes -7 -Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of a conditional use permit to allow for drive-through window service in conjunction with a Class I restaurant on property located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre addition. Ayes -7 -Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Kurtz, recommending approval of site plan/building permit authorization to allow for construction of a CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9, 2019 Page 3 of 4 4,820 -sq. ft. Class I restaurant with drive-through window service on an existing 1.28 -acre lot located at 15200 Cedar Avenue and legally described as Lot 4, Block 1, Southport Centre addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated December 18, 2018. 2. A bike rack shall be installed in front of the building. 3. Construction shall occur in conformance with the elevation plans date stamped December 19, 2018 and to add the condition of intricate colored brick. 4. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3)(a)(b) of the city code. 5. Construction shall occur in conformance with the landscape plan dated December 18, 2018; subject to submission of a detailed landscape planting price list for verification of the City's 21/2% landscaping requirement at the time of building permit application and the installation of additional landscaping along the north and east property lines. 6. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 7. Installation of utilities shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer. 8. The infiltration basin and underground storm water infiltration system shall be constructed in conformance with the City standards. 9. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 10. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the underground storm water infiltration system. 11. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 12. A separate application and signage plan in conformance with the sign regulations must be submitted to the City for review and approval prior to the erection of any signs. Ayes -7 -Nays -0. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, January 16, 2019, at 7:00 p.m. 7. ADJOURNMENT CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 9.20|0 Page 4 of 4 Hearing no further comments from the Planning Staff orPlanning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Alwin to adjourn the Respectfully Submitted, A Jo rphy, Planning D par Assistant &nwooved y the nn)cValley Panning (.omuiout«•