[0:48] Madam Chair: Good evening and welcome to the June 18th 2025 Apple Valley Planning Commission meeting. I call it to order. Uh, first item in business is the approval of the agenda. Any changes from staff? [0:48] Carter Hayes: Uh, madame chair, members of the commission, we have no changes for you at this time. [0:48] Madam Chair: Thank you. Any changes from the commission? [0:48] Commissioner Schindler: Move approval. [0:48] Commissioner Maholwald: Second. [0:48] Madam Chair: Uh, that was motion was made by Commissioner Schindler and seconded by Commissioner Mahomeald. Any discussion? If not, all those in favor signify by saying I. I. Oppose nay. Motion carries. The next item of business is the approval of the consent agenda. The 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 items separately considered. It will then be moved to the regular agenda for uh consideration. Can I get a motion of approval? [1:35] Commissioner Schindler: So moved. [1:35] Commissioner Maholwald: Second. [1:35] Madam Chair: Made by Commissioner Schindler and seconded by Commissioner Maholwald. All those in favor say I. I. Oppose nay. Motion carries. The next item of business is a public hearing that we have tonight on—find it here—Seven Brew. So with that, I will open the public hearing. We will now open the public hearing for agenda item 4A. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak at this public hearing should be sure to fill out the attendance roster. Please include your name and address so that accurate records can be maintained. We will begin the procedure with a brief presentation by city staff followed by a presentation by the petitioner of the hearing. Upon the conclusion of the presentation, city staff will be asked to comment on their proposals conformance with pertinent regulations and policies. After that, comments will be taken from the general public. And I see a new face out there and I guess your name is Carter Hayes. [2:22] Carter Hayes: Yeah, should have wore my name tag. Apologize. But good evening. Thank you, Madam Chair and commissioners. Um, tonight we're asking the planning commission to hold a public hearing to receive comments on two land use requests uh by Cuber Coffee LLC for the proposed Sever Brew Coffee House. Uh, first, a variance to extend the operating hours from 6:00 a.m. to 11:00 p.m. to 5:30 a.m. to 11:00 p.m. Second, a conditional use permit to allow drive-thru with a class 3 neighborhood restaurant. Um, after any public comments, you may close the hearing. Um, while no action is typically taken the same night, uh, if the commission is ready, staff supports recommending approval of the variance for expanded hours, recommending approval of the conditional use permit for the drive-thru, and recommending approval of the site plan and building permit authorization subject to conditions 1 through 17 on the attached resolution. So about the site—uh, this site is located at the northwest corner of Pilot Knob and 155th Street West. Uh, it is legally described as lot one block one McDonald's at Orchard Place on the preliminary plat. Uh, it will be addressed 15440 uh English Avenue. One second. Uh, this site is located in the RB retail business zoning district. Uh, it but limited business to the north, retail business to the south and west, and public right-of-way to the east. It is within the MBC mixed business campus which guides for commercial office, medical, and hotel land uses. Uh, the proposed use as a coffee shop aligns with the commercial development and also complements surrounding area uses by supporting area workers and visitors. Coffee houses are considered a class 3 neighborhood restaurants by city code. Uh, class three neighborhood restaurants are allowed by right in the RB zoning district but inclusion of a drive-thru requires a conditional use permit. Uh, the applicant is proposing two order lanes with person-to-person service and no speaker boxes. Uh, they have submitted a narrative showing compliance with uh the applicable performance standards. Uh, staff finds this proposal consistent with the RB district and supports recommending approval uh subject to to those conditions in the draft resolution. Uh, city code also limits class 3 restaurant hours to 6:00 a.m. to 11:00 p.m. The applicant is requesting a variance to open at 5:30 a.m. to accommodate early morning customers. Uh, to approve, the commission must find practical difficulties per state statute uh and city code and consider the criteria noted on your screens and listed in the packet. Uh, Seven Brew does have a narrative that supports their case and addresses these required criteria. Staff finds this variance uh minimal, compatible with the mixed business campus area, and supports reasonable property use. Um, staff does support recommending approval of the 5:30 a.m. to 11:00 p.m. operating hours variance. Are there any questions on the land use request before I proceed? [6:10] Madam Chair: Uh, we'll let you proceed. [6:10] Carter Hayes: Okay. Okay, onto the site plan. Uh, the site plan shows a 510 square foot drive-through coffee shop on a roughly 1-acre parcel. Uh, there are two drive-through lanes that encircle the site and a 280-foot accessory cooler and storage structure as well. Once again, all service is done via order windows and is person-to-person. There are no speaker boxes. Uh, there is also no seating provided at the restaurant; it is a drive-thru only. Uh, there is an order pickup window uh at the site though. Uh, access from the site is shared—uh, from a shared driveway on English Avenue which is currently used by Chaff and Veterinary Clinic and will be used by the proposed McDonald's to the south. Uh, vehicle circulation, parking, and queuing occur entirely on site uh and meet all applicable city code sections. All setback requirements are met as well. Uh, the utility plan—uh, water and sanitary service connect to the existing utilities at the northwest corner of the site. Uh, storm water runoff will be directed to a regional system uh utilizing existing ponds west of the site for both treatment and detention. Uh, further details regarding utilities and applicable requirements are listed in the city engineer's memo attached in your packets. Uh, regarding landscaping, the applicant must provide landscape material equal to 2 and a half percent of the building construction value. Uh, the plan shows a mix of canopy and ornamental trees as well as coniferous and flowering shrubs. Uh, a 15-foot wide landscaping buffer along Pilot Knob will also be required and must include trees and shrubs. Uh, that will also be as a condition of the CUP for the drive-thru as well. Uh, this plan will ultimately be reviewed uh at building permit uh time if approved uh to ensure all city landscaping standards are met. The proposed building and cooler storage structure uh will be pre-fabricated and delivered to the site. Uh, both will be uh niha fiber cement panels with the brick design you see on your screens. Uh, the coffee stand will be about 20 ft tall at its peak. Uh, the dumpster enclosure will also match these materials on site. So with that, uh, representatives from Seven Brew are here and available to answer any questions or concerns you may have. Uh, if the planning commission concurs, uh, staff recommends the actions outlined in the staff report as well as shown on screen. Uh, with that, I'm happy to take any questions or comments from the commission. [8:28] Madam Chair: Thank you, Carter. Uh, we have Commissioner Maholwald. [8:28] Commissioner Maholwald: Madam Chair, uh, Carter. Um, I might just not have clear vision here, um, but could you show me how it's—there's two two lanes and I'm just trying to figure out kind of how how that works, um, given the rendering. It looks like it's—I'm just trying to figure out how the flow of two lanes. [9:13] Carter Hayes: Yeah, so it's essentially two stacked order lanes. Um, so orders can be completed uh in both lanes and then uh I believe they hand coffee—it's similar to how Chick-fil-A operates; I know they note that in their narrative. Um, so you can kind of stack both lanes and then I believe they give the coffee or whatever beverage it may be to them at the end point. [9:13] Commissioner Maholwald: Okay, so would there be for the outside lane then—does does somebody have to come out of the building to hand the coffee? Is that— [9:13] Carter Hayes: Yeah, yeah. They they they referenced Chick-fil-A. They didn't give a step-by-step guide in their narrative but they referenced how Chick-fil-A operates and I'm familiar with that so we can ask the petitioner too before she gets up. [9:59] Madam Chair: So you're familiar with Chick-fil-A, huh? [9:59] Carter Hayes: Yes. [9:59] Madam Chair: Anybody else have any questions? Come on, we got to give Carter a hard time. All right, all right, I'll I'll help him out. [9:59] Commissioner Halas: Nice presentation, Carter. Thank you. Um, in regards to the 5:30, the standard is 6, correct? [9:59] Carter Hayes: Correct. [9:59] Commissioner Halas: And um, the next door neighbor, do they have a 5:30 or 6? Or regarding McDonald's? [9:59] Carter Hayes: Yes, uh, they will be operating 24 hours. They they are classified as a class 2 restaurant uh so they don't have those specific hours of operation uh assigned to them. [10:44] Commissioner Halas: Okay, that answers that. Very good. Thank you. And just so you know, I did a little research on Starbucks and Caribou just to see what time they opened up, and uh there ones open up at 4:30 and one at 5:30 so okay. [10:44] Madam Chair: I think we're going to have the petitioner come up, the applicants. Thank you. [10:44] Zach Hong: Hi. Hi, Zach Hong, um, Seven Brew's local tenant representation here in Minnesota. Welcome. [10:44] Madam Chair: So we'll let you answer Commissioner Maholwald's question maybe on the two lanes and how it's served and everything. [11:29] Zach Hong: So very much like a Chick-fil-A—I know we heard that example—but essentially, you know, the customers will queue into the drive-thru lane, um, and employees, team members from Seven Brew, will have iPads and they kind of work down the drive-through lane taking orders ahead of time. [11:29] Madam Chair: So they're outside? [11:29] Zach Hong: They're outside. [11:29] Madam Chair: 12 months out of the year? [11:29] Zach Hong: 12 months out of the year. They have jackets, there'll be outside heaters as needed. Um, they kind of block it in just like a Chick-fil-A, very much that. Um, and then once they get to the end of the drive-thru, they come out and just hand you the drinks. Yeah, and they'll walk over the drive-thru lane and hand over the drink to to the car on the outside as well. Uh, but everything kind of stops there—kind of, you know, three or four cars back as they hand off the drinks and have their, you know, greetings and conversation and and let them kind of drive by and get away—get off of the drive-through lane. So very high-touch, high customer service is kind of their MO. [11:29] Madam Chair: So how long does it take to get your order? [12:15] Zach Hong: Good question. Um, real life example, just this week my business partner was at the Eau Claire location. I think there was 20 plus cars; he was out of there in 9 minutes. [12:15] Madam Chair: Really? [12:15] Zach Hong: So very quickly. Okay, very, very quickly. [12:15] Madam Chair: How many other uh places do you have in Minnesota? [12:15] Zach Hong: So this—well in Minnesota now, um, St. Cloud broke ground but Bemidji is open. Eau Claire will be the second closest. Um, this franchisee we have has purchased four territories—four pins in the metro here. We have four signed leases and a handful of proposals. So the next 12 months here, I think you'll see a lot of these stuff popping up. [12:15] Madam Chair: Okay, yeah. We're excited about it. Yeah, well we're excited to have you and thank you for coming to Apple Valley. Any other questions for him? Okay, thank you. [13:06] Zach Hong: Okay, yeah. Thank you everybody. [13:06] Madam Chair: No more questions for Carter. Okay, do I have any motions? [13:06] Tim Bernetti (Staff): Madam Chair, yes, I'm sorry. Although there is no one in the audience, you still should ask for comments. Forgot that it was a public hearing with nobody in the audience. [13:06] Madam Chair: Okay, so please come to the podium to speak and address all comments and questions to the chair. Okay, so if there are no further comments, I will close this public hearing. It is the policy of the planning commission not to act on an item on the same night as its public hearing. The planning commission will weigh all comments and information received tonight in its deliberations at future meetings. This item will continue to appear on future planning commission agendas until a recommendation on the petition can be forwarded to the city council, or unless somebody would like to make a motion tonight. [13:53] Commissioner Sandall: Madam Chair, I would recommend approval of a conditional use permit to allow a drive-through in conjunction with the class 3 neighborhood restaurant. [13:53] Madam Chair: Is there more to that? [13:53] Commissioner Sandall: Yes. Number two—do I read all three of them? [14:38] Tim Bernetti (Staff): Madam Chair, there is a draft resolution in your packet so you could reference make reference back to those conditions. [14:38] Madam Chair: I'm missing this, I'm sorry. Yeah, I don't have—I don't have it. No, I think unless you're just talking about the one-two-three on the action requested, is that what we're talking about? [14:38] Tim Bernetti (Staff): Yes. Yes, madam chair, there's the first three—the three that are right there underneath action requested on the staff memo. Yeah, the staff memo things are juxtaposed a little bit differently than they are um on the the PowerPoint presentation. So if if we can go by—should we go by the staff memo where the items are numbered, the recommendations are one, two, and three as opposed to the actions PowerPoint where they're two, three, and four in in kind of a slightly different order? [15:24] Madam Chair: You could do that. [15:24] Commissioner Sandall: Okay, so read each one separately? [15:24] Madam Chair: Correct. [15:24] Commissioner Sandall: Okay, so read all of one on here? So I did. I read all of— [15:24] Commissioner Maholwald: I would second that. [15:24] Madam Chair: Okay, so as to item number one. Okay, so motion made by Commissioner Sandall, second by Commissioner Maholwald. Any discussion? If not, all in favor say I. I. Oppose nay. Motion carried. [15:24] Commissioner Halas: I recommend approval of the variance request to Cooper Coffee LLC for expanding hours of operation for class 3 restaurant uh to 5:30 a.m. to 11:00 p.m. [15:24] Commissioner Schindler: Second. [16:11] Madam Chair: Uh, that motion was made by Commissioner Halas, seconded by Commissioner Schindler. Any discussion? If not, all in favor say I. I. Oppose nay. Motion carries. [16:11] Commissioner Halas: I'll continue with um—I recommend approval of the conditional use permit to uh Coober Coffee LLC for the operation of a drive-through window in conjunction with a class 3 restaurant. [16:11] Commissioner Schindler: I second. [16:11] Tim Bernetti (Staff): Madam Chair, that was the first motion. Yes, that was the first one. Okay, so site plan. So procedurally, he'll need to withdraw his motion. [16:57] Commissioner Halas: I withdraw it. [16:57] Tim Bernetti (Staff): He needs to—you need to withdraw. [16:57] Commissioner Halas: I will uh withdraw recommendation approval of a conditional use permit uh to Cooper Coffee LLC in operation of the drive-through window in conjunction with class 3 restaurant as previously mentioned. [16:57] Commissioner Schindler: Second. [16:57] Madam Chair: Second. So Commissioner uh Halas and seconded by Commissioner Schindler, we got that. [16:57] Tim Bernetti (Staff): Madam Chair, just for clarification, um, the first motion was for the conditional use permit if I—correct, right? Yes. All right. We were doing this—second motion is—so that was acted on, voted. They're doing second motion was the variance, acted on, passed. So this third motion—you don't take action on the withdrawal. He's just withdrawing his—understood—his motion. And I'll I'll go ahead and—then you proceed with the site plan. [17:42] Commissioner Maholwald: Okay, I'll go—I'll go ahead and make make a motion to um as item number three on the staff memo to recommend approval of the site plan and building permit authorization for a 510 square foot drive-through coffee shop subject to conditions 1 through 17 in the draft resolution. [17:42] Commissioner Schindler: Second. [17:42] Madam Chair: Motion made by Commissioner Maholwald and I believe I heard Commissioner Schindler for the second. Any discussion? If not, all in favor say I. I. Oppose nay. Motion carries. Okay, so we're good. Thank you. Okay, so that brings us to—no land use tonight. Uh, other business. Tim Bernetti, please. [18:20] Tim Bernetti (Staff): Thank you, Madam Chair. Uh, just a reminder your next meeting will be Wednesday July 2nd. I know that's a—can be a busy week for people on the July 4th holiday, but hopefully we can see you there. Uh, the following meeting will be Wednesday July 16th and our next council will be Thursday July 10th. And this item will be on that uh agenda for that consideration before the council. So thank you. [19:07] Madam Chair: Thank you. Motion to adjourn. [19:07] Commissioner Schindler: So moved. [19:07] Commissioner Halas: Second. [19:07] Madam Chair: Motion made by Commissioner Schindler, seconded by Commissioner Halas. All in favor say I. I. Opposed nay. This meeting has adjourned.