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
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48.80
48.71
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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
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%
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4.8%
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%
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STOP
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:
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9
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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