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HomeMy WebLinkAbout07-17-24 Agenda Packet M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 July 17, 2024 PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A 7:00 P M 1.Call to Order 2.Approve Agenda 3.Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A.Approve Minutes of J une 5, 2024 Regular Meeting 4.Public Hearings A.Homshuk & Bodega 42 Interim Use Permit for C orn Roaster C onsider an interim use permit for an outdoor corn roaster subject to conditions outlined in the draft resolution. LO C AT IO N: 6999 152nd St W A PPLIC A N T: AV Galaxie Partners, LLC 5.Land Use / Action Items 6.Other Business A.Review of Upcoming Schedule and Other Updates Planning Commission - Wednesday, August 7, 2024 - 7:00 p.m. Planning Commission - Wednesday, August 21, 2024 - 7:00 p.m. C ity Council - T hursday, J uly 25, 2024 - 7:00 p.m. C ity Council - T hursday, August 8, 2024 - 7:00 p.m. 7.Adjourn Regular meetings are broadcast, live, on C harter C ommunications C able C hannel 180 and on the C ity's website at www.applevalleymn.gov I T E M: 3.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:J uly 17, 2024 S E C T I O N:Consent A genda Description: A pprove Minutes of J une 5, 2024 Regular Meeting S taff Contact: B reanna Vincent, Department Assistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve minutes of the regular meeting of J une 5, 2024. S UM M ARY: T he minutes of the regular Planning Commission meeting is attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES June 5, 2024 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, David Schindler, Becky Sandahl, Jeff Prewitt and Douglas Hlas Member(s) Absent: Phil Mahowald City staff members attending: Community Development Director Tim Benetti, Assistant City Engineer Evan Acosta, City Planner Kathy Bodmer, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Kurtz asked if there were any changes to the agenda. – None. MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, approving the agenda. Roll call vote: Ayes - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of May 1, 2024 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the minutes of May 1, 2024. Roll call vote: Ayes - 5 – Nays – 0 – AB - 1. 4. PUBLIC HEARING None 5. LAND USE A. Chick-Fil-A Setback Variance – 7480 153rd St W City Planner Bodmer provided a brief presentation. Commissioner Prewitt asked what the structural challenges were that prevented the applicant from installing the canopy at that time. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 5, 2024 Page 2 of 3 City Planner Bodmer said that snow load had to be taken into consideration and the original canopy did not have as much structural support. This new design has structural posts along the building. Chair Kurtz asked if there will be enough room for a bypass lane with the added new posts. City Planner Bodmer stated that the posts are only going to be along the building and there will be no posts on the other side of the canopy. The applicant, Max Buell (Kimley Horn), stated that cars will be able to bypass. The canopy will not impact how the drive-thru process works, it will just add coverage for staff. Assistant City Engineer Acosta stated that the structural columns are not in the way. Commissioner Hlas asked if there were any changes in the lighting from the previous approval. City Planner Bodmer said that one of the conditions states that a lighting plan needs to be provided. This has not yet been provided but it will be reviewed by staff to ensure they are not exceeding the requirements. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a variance reducing the setback on Cedar Avenue from 50’ to 25’ (25’ variance) for the construction of a canopy over the meal delivery area of the drive-thru based on the findings 1 through 9 and conditions 1 through 5 in the staff report. Roll call vote: Ayes – 6 – Nays – 0. 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Thursday, June 20, 2024, 7:00 p.m. The next City Council meeting is Thursday, June 13, 2024, 7:00 p.m. 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 5, 2024 Page 3 of 3 MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, to adjourn the meeting at 7:17 p.m. Roll call vote: Ayes – 6 – Nays – 0. Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 07/17/2024 . Jodi Kurtz, Chair I T E M: 4.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :J uly 17, 2024 S E C T I O N:P ublic Hearings Description: Homshuk & Bodega 42 I nterim Use Permit for Corn Roaster S taff Contact: A lex Sharpe, A I C P, Planning and Economic Dev. S pec. Department / Division: Community Development Department Applicant: AV Galaxie P artners, L L C P roject Number: P C24-07-I Applicant Date: 6/20/2024 60 Days: 8/19/2024 120 Days: 10/18/2024 AC T I O N RE Q UE S T E D: It is the policy of the Planning Commission not to act on an item the evening of the public hearing. However, if there are no public comments, and the Planning C ommission concurs, staff recommends that the C ommission recommend an approval for an interim use permit for an outdoor corn roaster subject to conditions outlined in the draft resolution. S UM M ARY: T he C ity has received an application from Homshuk and Bodega 42 for an Interim use permit to allow an external corn roaster during the weekends of 2024 until November 30th. T he applicant has been applying for special event permits to allow the use of the corn roaster for the beginning of the summer and is now seeking to have the roaster available every weekend (weather permitting). T he corn roaster is placed outside along with a tent in the southeast corner of the parking lot. After use, the roaster is removed from the site. T he corn roaster has been on site in the proposed location for 4 weekends to date and has been quite popular. Ordinance allows for outdoor sales in this zone without a permit, but only when adjacent to the building. D ue to the fact that this roaster is fueled by propane, the Fire Department has stated that they would prefer it as far from the building as possible for safety reasons. T his creates an unanticipated conflict with the current ordinance that has been temporarily solved through special event permits. T he applicant has stated their intent to work with staff to amend code for 2025 that would allow the roaster to be used on weekends in the spring, summer and fall. An interim use permit will temporarily allow the continued use of the corn roaster to allow staff and the applicant to learn from this summer while crafting an ordinance amendment. Staff has conferred and has provided suggestions for the applicant to try over the summer and fall to determine best practices that keep patrons safe work operationally. If ordering from the front of the roaster (west side), placing cones to delineate the drive lane from the ordering line. During busy periods, particularly during events at Kelley Park, the applicant should consider orienting the ordering line into the grass area (east side) behind the tent. T his will allow patrons to line up in the grass keeping them away from the road and drive aisles in the parking lot. A clear delineation where customers should be in line to order and then wait for the product. Additionally, where will customers consume the product should be considered. Both for safety and to better the experience for customers. T he applicant has currently oriented the line into a third parking stall. T his has the advantage of a designated pedestrian ordering area, but reducing site parking by another stall. Parking on the site can be challenging during busy periods. Long term use of the site will determine whether the reduction of parking affects the site. T he applicant is encouraged to explore alternative solutions. Staff is open to ideas from the applicant as well. T he purpose of the IUP is for both the City and the applicant to learn best practices for this unique and innovative land use. B AC K G RO UND: Homshuk is located within planned development P D-739. T his planned development is labeled as the C ity's C entral Village district and urban walkable area of the City. Outdoor sales are typically managed through the special event permit process. Within this planned development, there are specific provisions that allow outdoor sales when adjacent to the building. T his was done to emphasize the urban nature of this area. As noted, due to fire safety, the corn roaster cannot be used adjacent to the building. T his creates a conflict with ordinance and the actual operations that will be addressed by a future code amendment. Other businesses in the C ity have also explored outdoor cooking options, but are not located within this planned development. While an ordinance amendment to P D-739 would only affect this zone, when amending ordinance, the C ity must consider how the ordinance could be applied to other areas within the City. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Area Map Applicant L etter Site P lan Photo Resolution 151ST ST W 152ND ST W GALAXIE AVE FORTINO ST GALANTE LN GABELLA ST FRESCO TER GALAXIE AVE FRESCO TER SITE Homshuk & Bodega 426999 152nd St. WZoned "PD-739"Planned Development 739 ¯ ^ 0 200 400 Feet Proposed Corn Roaster Location June 11, 2024 Planning & Economic Development City of Apple Valley, Minnesota 7100 147th Street W. Apple Valley, MN 55124 Attn: Alex Sharpe (AICP) Planning and Economic Development Specialist Re: Bodega 42 Fresh Market-Corn Roaster use within Business Premises Dear Mr. Sharpe, We are writing this letter to outline the proposed Interim Use of our Corn Roster at Bodega 42 Fresh Market located at 6999 152nd Strieet West Apple Valley MN. 55124 for limited use during the days of Friday, Saturday, and Sunday from July 1, 2024 through November30, 2024. Interim Use is being request in order temporarily start the use of our Corn Roster while we initiate the submittal process to amend the existing ordinance to allow permanent on site use of the Corn Roster. As part of our Spring, Summer and Fall product offering, we would like utilize a Corn Roster within our business premises. The Corn Roster is mobile allowing us to bring it on site on Friday, Saturday, and Sunday for the months noted and subsequently hauled away for storage on nonuse days. The Corn Cooker would be operated on the east side of the building on the pathway that connects the city sidewalk to our parking lot. The use of the corn cooker will increase to the already unique product offering at Bodega 42 Fresh Market that makes it a destination attracting residents of Apple Valley and surrounding cities and Counties. We appreciate your consideration of our interim Use Permit for use of our Corn Roaster at our location. Sincerely, zequiel Quijada Co-Owner Bodega 42 Fresh Market and Homshuk Mexican Kitchen and Bar • PROPOSED BUILDING FFE = 949.00    48.6248.66 48.81 48.79 48.95 48.95 48.84 48.95 48.50 48.50 48.50 45.00 45.00 47.41 47.6248.95 48.95 48.95 48.95 49.23 48.95 48.73 48.95 47.48 47.84 47.93 48.04 45.44 45.59 45.5545.52 45.36 44.2046.83 46.93 47.02 47.02 47.02 48.95 48.80 48.71 48.61 48.21 48.11 47.93 47.84 47.67 47.40 47.39 47.67 47.67 47.66 48.25 48.2548.95 48.95 48.9548.95 48.95 94 7 94 7 94 8 94 8 948 7:1 3.1%         1. 6 % 1. 5 % 1. 3 % 48.11 48.0648.21 48.09 1.9 % 2.9% 2.2% 2.8% 2.4%1.0% 1. 0 % 1.5% 1.5% 1.5% 1.0% 1.7% 1.4% 1.5% 1.5%1.5%1.0% 2.5% 3.5% 4.8% 4.8% 44.85 44.84 47.51 47.4947.64 48.72 48.59 48.61 48.44 48.46 46.11 45.9546.90 47.06 48.32 47.87 47.85 48.30 47.07HP 48.71 47.3947.31 48.17 48.23 47.6047.63 47.65 94 6 947 946 1.2% 48.81 1.5% 1.5% 2.6% 2.7% 948 94 7 48.34 48.42 1. 9 % 4.4% 46.34LP 94 7 1.0%  48.73 48.84 94 7 9 4 8 48.88 48.88 48.5348.25 48.37 48.29 46.70 47.39 48.88 48.95 48.95 48.88 47.39 46.70 48.84 48.62 48.81 47.44 47.65 48.15 48.51 48.19 48.74 48.95 48.95 48.85 48.85 48.21 48.20 48.85 48.81 48.28 48.01 48.01 47.75 2.9%4.0% 2.0% 3. 2 % 4.4% 1.5% 47.40 47.40 4.6% STOP ST O P 48.25 47.80 47.80 48.25 94 8 9 4 8 948 94 7 2.4% 47.66 47.71 8 : 1 10 : 1 22 : 1 8:1 8:1 14:1 2.3% 48.74 2.0% 45.00 45.00 44.92 44.92 48.95 48.95 48.95 1.0%   47.02 48.10 48.09 48.08 9 4 8 9 4 7 9 4 6 EOF EOF 48.58 48.63 48.68 2.0% MATCH EXISTING CURB & GUTTER N SCALE IN FEET 0 20 40 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. NORTH KEY PLAN DRAWING NUMBER DRAWING TITLE CLIENT CIVIL/LANDSCAPE STRUCTURAL CONSULTANT 3 CONSULTANT 4 CONSULTANT 5 6999 Galaxie Ave Apple Valley, MN 55124 APPLE VALLEY MEXICAN MARKET & RESTAURANT HCM PROJECT NUMBER: 2143 REVISION DATE DESCRIPTION BY 1 07/23/21 SCHEMATIC DESIGN PACKAGE 2 09/23/21 REVIEW SET 3 10/14/21 CITY COUNCIL REVIEW PACKAGE I hereby certify that this drawing was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. Signature: Title: Professional Engineer Registration Number: 24440 Date: 12/10/21 By: Michael J. St. Martin - PE 4 10/22/21 DESIGN DEVELOPMENT PACKAGE 5 12/10/21 CONSTRUCTION DOCUMENTS 6 01/14/22 ADDENDUM NO.1 7 02/07/22 ADDENDUM NO.2 8 03/25/22 ADDENDUM NO.3 9 04/27/22 PROPOSAL REQUEST NO.1 10 08/29/22 RFI NO.23 RESPONSE- WATER SERVICE REVISION 11 09/02/22 PROPOSAL REQUEST NO. 3 c3.1 GRADING PLAN PARKING STALL COUNT ACCESSIBLE PARKING STALL 2 LEGEND CATCH BASIN STORM SEWER SANITARY SEWER WATERMAIN STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE SPOT ELEVATION SIGN LIGHT POLE POWER POLE WATER MANHOLE / WELL CONTOUR CONCRETE CURB UNDERGROUND ELECTRIC CONCRETE TELEPHONE PEDESTAL UNDERGROUND TELEPHONE UNDERGROUND GAS OVERHEAD UTILITY CHAIN LINK FENCE BUILDING RETAINING WALL NO PARKING UNDERGROUND FIBER OPTIC SANITARY SEWER SERVICE WATER SERVICE ELECTRIC METER GAS METER TREE LINE EXISTING PROPOSED 972 DRAINTILE FORCEMAIN    PARKING SETBACK LINE BUILDING SETBACK LINE 2 FENCE FLARED END SECTION POST INDICATOR VALVE BENCHMARK SOIL BORING  DIRECTION OF FLOW 1.0% 972.5 SITE BENCHMARK: TOP NUT OF HYDRANT LOCATED AT NORTHEAST CORNER OF INTERSECTION OF GALAXIE AND 152ND STREET WEST , AS SHOWN HEREON. ELEVATION = 949.43 FEET (NAVD88) PROJECT BENCHMARK 1. SPOT ELEVATIONS REPRESENT FINISHED SURFACE GRADES, GUTTER/FLOW LINE, FACE OF BUILDING, OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 2. ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE MINIMUM OF 4 INCHES OF PREMIUM TOP SOIL AND SEED/MULCH OR SOD. THESE AREAS SHALL BE WATERED/MAINTAINED BY THE CONTRACTOR UNTIL VEGETATION IS ESTABLISHED. VERIFY WITH LANDSCAPE PLAN. 3. SEE SITE PLAN FOR CURB AND BITUMINOUS TAPER LOCATIONS. 4. THE CONTRACTOR ALONG WITH THE OWNER SHALL OBTAIN ALL NECESSARY PERMITS AND APPROVALS FROM GOVERNING AUTHORITIES, INCLUDING ANY CITY PERMITS AND THE NPDES PERMIT FROM THE MPCA. 5. INSTALL EROSION CONTROL AND TREE PROTECTION MEASURES BEFORE BEGINNING SITE GRADING ACTIVITIES. MAINTAIN EROSION CONTROLS THROUGHOUT THE GRADING PROCESS AND REMOVE WHEN TURF HAS BEEN ESTABLISHED. 6. GRADES SHOWN ARE FINISHED GRADES. 7. FINAL GRADING TOLERANCES ARE +/-0.1 FEET TO FINISH GRADES. 8. STREETS MUST BE CLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURS AND BEFORE SITES ARE LEFT IDLE FOR WEEKENDS AND HOLIDAYS. A REGULAR SWEEPING SCHEDULE MUST BE ESTABLISHED. 9. DUST MUST BE ADEQUATELY CONTROLLED. 10. PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) REQUIREMENTS, THE WASHOUT AND CLEANOUT OF STUCCO, PAINT, CONCRETE, FORM RELEASE OILS, CURING COMPOUNDS, AND OTHER CONSTRUCTION MATERIALS SHALL BE PROPERLY CONTAINED AND DISPOSED OF. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND USING APPROVED METHODS OF CONTAINMENT SUCH AS PRE-FABRICATED WASHOUT CONTAINERS, CONCRETE WASHOUT TOTE, READY MIX TRUCKS WITH SELF CONTAINED CHUTE CLEANOUT, ETC. 11. ALL ACCESSIBLE ROUTES SHALL BE CONSTRUCTED WITH A CROSS SLOPE NOT EXCEEDING 2% AND A RUNNING SLOPE NOT EXCEEDING 5%. 12. AT TURNING POINTS ALONG THE ACCESSIBLE ROUTE THE PAVEMENT SHALL NOT EXCEED 2% IN ANY DIRECTION FOR AN AREA 60" IN DIAMETER. 13. CONTRACTOR TO REVIEW GEOTECHNICAL EXPLORATION REPORT, HAUGO GEOTECHNICAL SERVICES, PROJECT #21-0651, DATED JULY 15, 2021 FOR SITE GRADING RECOMMENDATIONS, BITUMINOUS PAVEMENT RECOMMENDATIONS. 14. GRADING OF THE INFILTRATION AREAS SHALL BE ACCOMPLISHED USING LOW-IMPACT EARTH-MOVING EQUIPMENT TO PREVENT COMPACTION OF THE UNDERLYING SOILS. SMALL TRACKED DOZERS AND BOBCATS WITH RUNNER TRACKS ARE RECOMMENDED. 15. DOUBLE RING INFILTROMETER TEST TO BE DONE AT BASE OF EXCAVATION, BEFORE UNDERGROUND INFILTRATION SYSTEM IS INSTALLED PER ENGINEERS STANDARDS. THE ENGINEER SHALL BE NOTIFIED 48HRS PRIOR TO THE TEST TO WITNESS THE RESULTS. GRADING, DRAINAGE & EROSION CONTROL SPECIFICATIONS 11 11 1 CITY OF APPLE VALLEY RESOLUTION NO. 2024 - A RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW AN OUTDOOR CORN ROASTER FOR HOMSHUK AND BODEGA 42 AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to Minnesota Statutes 462.3597, the City of Apple Valley has adopted within its zoning regulations the authority to grant interim use permits; and WHEREAS, pursuant to the City’s zoning regulations, an “interim use” is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it; and WHEREAS, approval of an Interim Use Permit for an outdoor corn roaster in the parking lot has been requested by AV Galaxie Partners, LLC, Owner of Homshuk and Bodega 42 located at 6999 152nd St. W.; and WHEREAS, the property is legally described as: Lot 1, Block 1 The Legacy of Apple Valley North; and WHEREAS, review of the Interim Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public hearing held on July 17, 2024; and WHEREAS, the Apple Valley Planning Commission recommended approval of the Interim Use Permit request subject to certain conditions on DATE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that an Interim Use Permit allowing the use of a corn roaster from July 1, 2024 to November 30, 2024, within a “PD-739” (Planned Development) zone be approved subject to the following conditions: 1. Conditions shall apply to the lot legally described above. 2. The corn roaster shall be consistent with the site plan submitted June 20, 2024. 2 3. The corn roaster shall only be operated on weekends, holidays, or other dates approved by the Community Development Director from July 1, 2024 to November 30, 2024. ADOPTED this DATE th day of DATE. Clint Hooppaw, Mayor ATTEST: Christina M. Scipioni, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on , 2024, the original of which is in my possession, dated this day of , 2024. Christina M. Scipioni, City Clerk I T E M: 6.A. P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :J uly 17, 2024 S E C T I O N:Other Business Description: Review of Upcoming S chedule and Other Updates S taff Contact: B reanna Vincent, Department Assistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Next P lanning Commission Meetings: Wednesday, August 7 , 2024 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, J uly 10, 2024. Site plan, variance applications due by 9:00 a.m. on Wednesday, J uly 24, 2024. Wednesday, August 21, 2024 - 7:00 p.m. Public hearing applications due by 9:00 a.m. on Wednesday, J uly 24, 2024. Site plan, variance applications due by 9:00 a.m. on Wednesday, August 7, 2024. Next City Council Meetings: T hursday, J uly 25, 2024 - 7:00 p.m. T hursday, August 8, 2024 - 7:00 p.m. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A