HomeMy WebLinkAbout2024-07-17 Agenda Packet ••• Meeting Location: Municipal Center
Apple II 7100 147th Street West
Valley Apple Valley, Minnesota 55124
July 17, 2024
PLANNING COMMISSION TENTATIVE AGENDA
7:00 PM
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 June 5, 2024 Regular Meeting
4. Public Hearings
A. Homshuk & Bodega 42 Interim Use Permit for Corn Roaster
Consider an interim use permit for an outdoor corn roaster subject to
conditions outlined in the draft resolution.
LOCATION: 6999 152nd St W
APPLICANT: 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.
City Council - Thursday, July 25, 2024 - 7:00 p.m.
City Council - Thursday, August 8, 2024 - 7:00 p.m.
7. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at wwwapplevalleymn.gov
• ITEM: 3.A.
•••••
•
••• PLANNING COMMISSION MEETING DATE: July 17, 2024
Apple
Valley SECTION: Consent Agenda
Description:
Approve Minutes of June 5, 2024 Regular Meeting
Staff Contact: Department/ Division:
Breanna Vincent, Department Assistant Community Development Department
ACTION REQUESTED:
Approve minutes of the regular meeting of June 5, 2024.
SUMMARY:
The minutes of the regular Planning Commission meeting is attached for your review and
approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
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—O.
Respectfully submitted,
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 07/17/2024 . Jodi Kurtz, Chair
• ITEM: 4.A.
• ••
•••
••• PLANNING COMMISSION MEETING DATE: July 17, 2024
Apple
Valley SECTION: Public Hearings
Description:
Homshuk& Bodega 42 Interim Use Permit for Corn Roaster
Staff Contact: Department/ Division:
Alex Sharpe, Al CP, Planning and Economic Dev. Spec. Community Development Department
Applicant: Project Number:
AV Galaxie Partners, LLC PC24-07-I
Applicant Date: 6/20/2024 60 Days: 8/19/2024 120 Days: 10/18/2024
ACTION REQUESTED:
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 Commission concurs,
staff recommends that the Commission recommend an approval for an interim use permit for
an outdoor corn roaster subject to conditions outlined in the draft resolution.
SUMMARY:
The City 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. The
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). The 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. The 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. Due 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. This
creates an unanticipated conflict with the current ordinance that has been temporarily solved
through special event permits. The 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. This
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.
• The applicant has currently oriented the line into a third parking stall. This 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. The applicant is
encouraged to explore alternative solutions.
• Staff is open to ideas from the applicant as well. The purpose of the IUP is for both the
City and the applicant to learn best practices for this unique and innovative land use.
BACKGROUND:
Homshuk is located within planned development PD-739. This planned development is
labeled as the City's Central 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. This 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. This creates a conflict with
ordinance and the actual operations that will be addressed by a future code amendment.
Other businesses in the City have also explored outdoor cooking options, but are not located
within this planned development. While an ordinance amendment to PD-739 would only
affect this zone, when amending ordinance, the City must consider how the ordinance could
be applied to other areas within the City.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Area Map
Applicant Letter
Site Plan
Photo
Resolution
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-FRESH MARKET• • -
June 11, 2024
Planning& Economic Development
City of Apple Valley, Minnesota
7100147t"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 Street 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
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7- la GRADING Of THE INELTRAnON AR.,SHALL M ACCOMPLISHED USING LOW IMPACT
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12/12/2024
Homshuk & Bodega 42
Interim Use Permit
for Exterior Corn Roaster
6999 152nd St W
Planning Commission
7-17-2024 APP\fealley
1
Actions Requested
It is the policy of the Planning Commission not to act on an
item the evening of the public hearing.
Galaxie Partners, LLC, has requested an Interim Use Permit
to allow a corn roaster on weekends and holidays until
November 30th 2024.
APPVaIIey
2
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Actions Requested
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
Commission concurs, staff recommends that the
Commission recommend an approval for and interim use
permit for an outdoor corn roaster subject to conditions
outlined in the draft resolution.
AppValley
8
4
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.
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
2
• ITEM: 6.A.
•••••
•
••• PLANNING COMMISSION MEETING DATE: July 17, 2024
Apple
Valley SECTION: Other Business
Description:
Review of Upcoming Schedule and Other Updates
Staff Contact: Department/ Division:
Breanna Vincent, Department Assistant Community Development Department
ACTION REQUESTED:
N/A
SUMMARY:
Next Planning Commission Meetings:
Wednesday, August 7, 2024 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, July 10, 2024.
• Site plan, variance applications due by 9:00 a.m. on Wednesday, July 24, 2024.
Wednesday, August 21, 2024 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, July 24, 2024.
• Site plan, variance applications due by 9:00 a.m. on Wednesday, August 7, 2024.
Next City Council Meetings:
• Thursday, July 25, 2024 - 7:00 p.m.
• Thursday, August 8, 2024 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A