HomeMy WebLinkAbout090121 PC MINUTESCITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 1, 2021
Page 2 of5
Planner Alex Sharpe presented the staff report Requested Action 1.Recommend approval of a Conditional Use Permit to allow on-sale liquor in conjunctionwith a Class I restaurant on Lot 1, Block 1, The Legacy of Apple Valley North.2.Recommend Site Plan/Building Permit Authorization approval to allow for constructionof a 21,350-sq. ft. restaurant and market on Lot, Block l, The Legacy of Apple ValleyNorth.Commissioner Mahowald questioned if alcoholic beverages being served in the Central Village area are different from other bars and restaurants where fencing is not required. Planner Sharpe said the Central Village is not different but it is not dictated by the conditional use permit but dictated by the liquor license. Sharpe noted the physical barrier was a condition of the conditional use permit. Commissioner Deikmann asked if the Tavern would have the same restrictions on its patio. Planner Sharpe said he was unaware of full restrictions on the tavern but these conditions were similar to those in other districts where a conditional use permit for on-sale liquor is required. Commissioner Deikmann asked about whether the hours of operation are similar to other sites and zones and why this site must close earlier than others in the community. Planner Sharpe stated that the hours of operation for the patio are consistent with other sites where a conditional use permit is required for on-sale liquor. The site is in very close proximity to residential uses and the intent is to be respectful to both the restaurant and the neighboring residential. Community Development Director Nordquist said these restrictions are consistent with other locations in the Central Village. Commissioner Scanlan asked if the language used in the proposal was standard. Planner Sharpe said if the music was discernible offsite, it gives the officers the ability to enforce them to turn it off. Sharpe stated that due to the patio being covered and requiring a barriers of some kind the term discemable would allow light music for ambiance and would be enforceable if there were issues/complaints from neighbors. Commissioner Scanlan thanked and appreciated explanation. . ,
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 1, 2021
Page 3 of5
Acting Chair Kurtz asked how the hours of operation limitations would be monitored. Planner Sharpe stated that the business would initially self-regulate this and the City would rely on their experience as site managers/operators. The restaurant is not seeking to be open past 11 :00 p.m. and is not a night bar destination. If the site receives complaints the City will work with the ownership group to correct the issue, as the City does collaboratively with all other restaurants. If correction can still not occur the City reserves the right to withdraw the conditional use permit for non-compliance. Acting Chair Kurtz asked if anyone else or the applicant would like to speak. Applicant Ezequiel Quijada addressed concerns and said they are aware of the concerns regarding alcohol being served and loud noise and wants to work with the community and will be responsible. Acting Chair Kurtz commended how the building looks and will help the community. With no further comments from the public, Acting Chair Kurtz closed the public hearing. Since there are no issues outstanding, Acting Chair Kurtz asked if it was the Commission's wishes to bring this to a vote tonight. MOTION: MOTION: Commissioner Scanlan moved, seconded by Commissioner Deikmann approving a Conditional Use Permit to Allow On-Sale Liquor in Conjunction with a Class I Restaurant on Lot 1, Block 1, The Legacy of Apple Valley North. Roll call vote Ayes-6-Nays-O. Commissioner Scanlan moved, seconded by Commissioner Deikmann approving Site Plan/Building Permit Authorization to Allow for Construction of a 21,350-sq. ft. Restaurant and Market on Lot 1, Block I, The Legacy of Apple Valley North with the addition of the conditions noted in the staff report. Roll call votes Ayes 6-Nays-0. B.Copper Pint Restaurant
Acting Chair Kurtz opened the public hearing Planner Lovelace presented the staff report. Recommendation: 1.Recommend approval of a Conditional Use Permit to allow for on-sale liquor inconjunction with a Class I restaurant for Lot 2, Block 1, Orchard Place Second Addition,subject to the 5 conditions listed in the staff report.
CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 1, 202 l Page4 of5 2.Recommend Site Plan/Building Permit Authorization approval to allow for construction ofan 11,517-sq. ft. building on a 2. 72-acre lot described as Lot 2, Block 1, Orchard Place 2ndAddition, subject to the 12 conditions listed in the staff report.Acting Chair Kurtz asked if anyone else or the applicant would like to speak. Applicant Korey Bannerman said he is working on other restaurant locations as well and is excited to get a rooftop patio in Apple Valley. As there were no comments from the public, Aeling Chair Kurtz closed the public hearing. Since there are no issues outstanding Acting Chair Kurtz asked if it was the Commissions wishes to bring this to a vote tonight. MOTION: MOTION: Commissioner Deikmann moved, seconded by Commissioner Sandahl approving a Conditional Use Permit to allow for on-sale liquor in conjunction with a Class 1 restaurant for Lot 2, Block 1, Orchard Place Second Addition, subject to the following conditions 1 through 5 as outlined in the staff report. Roll call votes Ayes 6-Nays-0.Commissioner Deikmann moved, seconded by Commissioner Schindler approving Site Plan/Building Permit Authorization approval to allow for construction of an 11,517-sq. ft. building on a2.72-acre lot described as Lot 2, Block 1, Orchard Place 2 nd Addition, subject to the following 12 conditions listed in the staff report. Rollcall votes Ayes 6-Nays -0. 5.LANDUSE
None
6.OTHER BUSINESS
A.Review of Upcoming Schedule and Other UpdatesThe next Planning Commission meeting is Wednesday, September 15, 2021, 7:00 p.m .The next City Council meeting is Thursday September 9, 2021, 7:00 p.m. Community Development Director Nordquist noted that now that past work agreements and planning have been finalized the location called Cider Ridge at the Hope Church sub division, is scheduled to finalize all legal action with the council next Thursday.
CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 1, 2021 Page 5 of5 7. ADJOURNMENTHearing no further comments from the Planning Staff or Planning Commission, Acting
Chair Kurtz asked for a motion to adjourn. MOTION: Respectfully submitted, Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting. Roll call votes Ayes 6-Nays -0. c__ � s:c::i ��Qi��'-('.___CaroKovacic, Planning Department Assistant Approved by the Apple Valley Planning Commission on 10/6/2021