2015.04.21 PC Minutes - Laserfiche WebLink

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approval by the Planning Commission and City Council. A Special Use Permit is also required, as all outdoor dining areas in B -3 and B -4 zoned property require a Special Use Permit. The applicant was previously granted approvals for an outdoor dining patio back in 2011, but the project never occurred. New approvals are required because the 2011 approvals have expired and new project details are being proposed. Planning Director Gundlach stated Main Street Village is a Planned Unit Development where construction was phased over many years. There is no Planned Unit Development Declaration on file because at the time of initial construction these Declarations were not prepared. This is only relevant in the fact that staff cannot review such Declaration to determine the terms of the development approval. Staff has researched past files and conditions of approval to ensure this proposal does not conflict with any of the previous approvals. Staff recommends approval of the PUD Amendment and Special Use Permit, subject to the following conditions: • Incorporation of the comments contained within the Interoffice Engineering/Public Works memo dated April 14, 2015. • No bar or server stations are permitted on the outdoor dining deck so as to avoid any unnecessary noise. • The restaurant's audio entertainment system shall not be part of any exterior audio capabilities the deck might have. Only background music shall be permitted on the deck. • Prior to use of the deck, the applicant shall pay the "Exterior Public Seating" fee of $650 to the Public Safety Department in accordance with liquor license requirements. • The applicant shall obtain all necessary building permits from the Building Official for construction of the outdoor dining deck. • The applicant must contact the Metropolitan Council to determine if additional Sewer Access Charges (SAC) for the increased seating will be required. If required, additional SAC fees must be paid in conjunction with the building permit request. • No events are permitted on the outdoor dining deck. • Under no circumstances shall the restaurant access door to the deck be propped open. • No signage, streamers, banners, balloons or the like may be displayed within the outdoor dining deck, unless allowed through issuance of a Temporary Sign Permit. • A bike rack should be considered for placement at the corner of County Road E2 Extension and 5th AVE NW. • A gas shut off valve should be installed for the fire pit. • The outdoor dining deck is closed at 10 pm Sundays —Thursdays. Commissioner Nichol s-Matkaiti asked if Condition 10 was necessary. Planning Director Gundlach stated Condition 10 would encourage a pedestrian friendly environment. She noted the applicant was not required, but should consider adding a bike rack. Jeff Dedart, Co -Owner and Acting General Manager of The Exchange, introduced himself to the Commission and thanked the group for their consideration. Commissioner Danger questioned if noise would be a concern to the surrounding property owners if the outdoor patio was added. Planning Director Gundlach stated this was considered by staff noting background music would be allowed on the deck, however, outdoor bands would not be allowed. She reported that doors could not be propped open as noted in Condition 2. Motion by Commissioner Nichols - Matkaiti, seconded by Commissioner Erickson to close the Public Hearing. Approved 6 -0. 10