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HomeMy WebLinkAbout09-20-12CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 20, 2012 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Joe Blee, Linda Maguire, Bob Boerschel, Bart Davis, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry, and Chair Brooks Lillehei Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary . 3. Approval of the Meeting Minutes The September 6, 2012 Planning Commission meeting minutes were approved as presented. The September 6, 2012 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that there were no announcements for tonight's meeting. 5. McDonald's USA, LLC Chair Lillehei opened the public hearing to consider the application of McDonald's USA, LLC for a Conditional Use Permit to allow a convenience food restaurant with drive through service, located at 16205 Kenyon Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant is requesting a conditional use permit (CUP) to include a fast food restaurant with two drive - through lanes. He indicated that in 2007, in conjunction with the Kent 46 /Brunswick Zone development, a CUP was approved for a McDonald's restaurant at this site but the restaurant was not constructed within one year and the CUP expired at McDonald's request so they could re- evaluate their development plans. Mr. Dempsey stated that the only major site plan changes from the original CUP request is the building has been moved slightly to the north and a double drive - through lane is being requested. Mr. Dempsey reviewed the Zoning Ordinance performance standards for convenience food restaurants with drive- Planning Commission Meeting Minutes, September 20, 2012 Page 2 through service. Mr. Dempsey reviewed the site plan, including access to and circulation within the McDonald's parking lot. Mr. Dempsey stated McDonald's is requesting extended hours of operation with this CUP. The hours of operation allowed by the Zoning Ordinance are 5:00 a.m. to 11:00 p.m. McDonald's is requesting 5:00 a.m. to midnight Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday and Saturday to match the hours of Brunswick Zone XL. Mr. Dempsey stated that Planning Department staff has reviewed the McDonald's plans and determined that they meet Zoning Ordinance requirements and therefore recommends approval of the CUP, subject to the 12 stipulations listed in the September 14, 2012 planning report. Ray Croaston, Project Manager with McDonald's, and Eric Kellogg, Project Coordinator with Landform Engineering arrived at 6:12 p.m. and presented an overview of their request. Mr. Croaston described the product delivery location and process. He pointed out that the main customer entrance and the wall signs will be located away from the neighborhood to reduce impacts. Chair Lillehei opened the hearing to the public for comment. Mary Larson, 11135 Kenora Way ➢ Noise and how noise can travel and become amplified. ➢ McDonald's will be located too close to their homes. ➢ Hours of operation. Feels that 5:00 a.m. to 11:00 p.m. Sunday — Thursday and 5:00 a.m. to midnight on Friday and Saturday, as they requested with their original application in 2007, is sufficient. ➢ Number of cars and speeding. ➢ Directional signs. ➢ Lighting. ➢ Garbage pick -up times. ➢ Delivery times. Joan Portman, 11050 Kenora Way ➢ Noise. She indicated that since Brunswick Zone XL was constructed she sleeps with her windows closed with fans or the furnace running all night. Therese Marshik, 16338 Kent Trail ➢ Ms. Marshik feels the issue is not just with McDonald's, but with any commercial business constructed close to their neighborhood. ➢ Noise. She hears the trash being dumped in the mornings and can hear Kwik Trip speakers at Kenrick Avenue, east of the freeway. She does not use her back yard anymore because of the noise. ➢ Referred to Brunswick Zone XL lighting and feels that adding more lighting for McDonald's is too much. Planning Commission Meeting Minutes, September 20, 2012 Page 3 ➢ Hours of operation. She has done a lot of research regarding the hours of McDonald's restaurants around the United States and 99.9% of the time their hours are not later than the hours they are asking for. Some cities restrict the McDonald's restaurant hours to match their noise ordinance. She would like the close time to be 11:00 p.m. consistent with the 2007 approval but would really prefer 10:00 p.m. for the young children in the neighborhood trying to sleep. ➢ Feels crime has increased in their neighborhood since Brunswick Zone opened. The McDonald's restaurant will further increase crime. She stated that criminals are walking behind the office building, breaking into the homes in their neighborhood, and getting away because they have instant access to the freeway. Todd Bornhauser, Chamber of Commerce Executive Director The Chamber of Commerce is in support of this McDonald's restaurant, just as it was in support of the project when it originally was proposed. The Comprehensive Plan and zoning support this type of business. Mr. Bornhauser thanked the Planning Commission for their review and approval of this project. Ginny Lampert, 11062 Kenora Way ➢ Ms. Lampert appreciated that McDonald's was not requesting to be open 24 hours. She does feel strongly that the hours they are requesting are too much with it being so close to a neighborhood. . ➢ Crime. Ms. Lampert indicated that she checked with the police department and learned that there were 51 pages of calls to the McStop area McDonald's and 94 pages of calls to the Icenic Trail McDonald's in the past two years. She admitted that she was not sure what types of calls these were. She feels that this McDonald's will impact their neighborhood in a similar manner. ➢ Does not feel the past land use change and commercial zoning of the property prior to the Kent 46 development proposal was good planning. ➢ Asked for an explanation of the new technology that McDonald's refers to for minimizing the noise from the menu board speakers. ➢ Asked if there would be outdoor seating. ➢ Requested that the CUP stipulate that there be no 24 hour business on this property due to the proximity to the neighborhood. Motion was made by Davis, seconded by Boerschel to close the public hearing at 6:44 p.m. Ayes: Blee, Maguire, Boerschel, Lillehei, Davis, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting Minutes, September 20, 2012 Page 4 • The noise concerns were addressed. Mr. Croaston was asked to explain the new technology for noise control. Mr. Croaston indicated that the speakers will be aimed toward County Road 46. Inside the restaurant they can control the volume accordingly to how much background noise there is. If there are complaints from the neighbors, the volume can be controlled by the manager. The speakers can be pre -set so the volume automatically drops at night when there is less background noise. He stated that the new speaker system and headset technology has greater clarity than in the past. • In response to questions about customer counts after midnight for the McStop and Icenic Trail McDonald's restaurants, Mr. Croaston commented that this restaurant is what they would call an urban restaurant. It will be located in a neighborhood and basically be convenience driven. It is not going to pull people off of the freeway like the McStop restaurant which has gasoline sales adjacent to it. The Kent 46 McDonald's customers will be background traffic pulled in off of County Road 46. • When asked about the number of customers McDonald's would expect at this restaurant between midnight and 2:00 a.m., Mr. Croaston responded approximately 50 per hour. • Garbage pick -up and deliveries were discussed. Garbage pick -up would not take place from 10:00 p.m. to 7:00 a.m. as stipulated in the planning report. • Clarified with McDonald's that no outdoor seating is proposed. Mr. Dempsey stated that if McDonald's chose to have outdoor seating in the future there would be no need for an amendment to their CUP because there is ample parking to accommodate the outdoor seating. • Parking lot lights and headlights were discussed. McDonald's does not want the parking lot to be dark when they are not open. Night lights are on inside the building and they use LED lighting in the dining room area. McDonald's will address any lighting concerns from the neighbors. The existing and proposed landscaping and the Kent 46 screening wall should defuse car headlights in the stacking lane from impacting most homes in the neighborhood. Mr. Croaston indicated that they could turn the stacking lanes a few degrees to the north if that would make a difference. It was determined that any more landscaping may hinder driver sight visibility and snow plowing. • Concerning noise, it was pointed out that the first floor elevation of the existing homes south of Kent 46 sit considerably lower than the McDonald's site and the existing Kent 46 screening wall and landscaping buffers noise and light from the commercial area. In addition, the neighborhood receives noise from the freeway which can be amplified by Lee Lake so it is not currently a noise free area. • Product deliveries were discussed. Mr. Croaston stated that deliveries typically occur during off -peak business hours. Deliveries do not occur when the restaurant is not open for business. • Crime was addressed by Officer Fitzhenry. He indicated that typically the calls would be quality of life issues, such as juveniles gathering, curfew violations, loitering, etc. He indicated that the police have started being more proactive in working with the managers at the other McDonald's restaurants in Lakeville. Officer Fitzhenry indicated that there are loitering signs posted, but Lakeville Planning Commission Meeting Minutes, September 20, 2012 Page 5 does not have a loitering ordinance. If the manager asks someone to leave, and they don't, then it's trespassing. He stated they have an officer that meets with the Brunswick Zone manager on a regular basis. The police have not been getting complaints recently about the bands playing at Brunswick Zone. Concerning the pages of call reports referenced by the resident for the other McDonald's restaurants, the Police Department would have to look at the case files to determine the specific reason for the police call, which could be just a traffic stop. Lately, there has been less than one a month at Brunswick Zone. • Hours of operation was discussed. Why did McDonald's want to tie their hours to Brunswick Zone? Mr. Croaston indicated that McDonald's will get some of their customers from Brunswick Zone. Brunswick Zone hours are basically tied to their liquor license. Mr. Dempsey stated that if McDonald's wanted to change their hours of operation in the future, the City Council would have to approve the new hours of operation. The City Attorney stated that the hours of operation are tied to this conditional use permit, which runs with the land and is tied to a drive - through convenience food restaurant. The City cannot restrict the hours of operation for a use on this property that is a permitted use with no restriction on hours by the Zoning Ordinance. Chair Lillehei recognized a request from the audience to address the Planning Commission. Greg Kot 11280 Kenora Way ➢ He feels traffic from the west will come into the site off of County Road 46 at Kent Trail not at Kenyon Avenue. He is concerned about pedestrian traffic safety with the increase in car traffic entering the site from Kent Trail. He also commented that a traffic signal should be installed at the Kenyon Avenue /Buck Hill Road /CSAH 46 intersection. He feels this is a very dangerous intersection and having the McDonald's at that corner will make it even more dangerous. • Mr. Dempsey explained that traffic signals at this intersection would be under the jurisdiction of Dakota County. The County has indicated that this intersection does not yet meet warrants for a traffic signal. County staff is monitoring this intersection for meeting warrants. Traffic signals would likely be installed when the vacant commercial properties across Kenyon Avenue and across County Road 46 from the McDonald's site are developed. Mr. Dempsey stated that the developer of the Kent 46 plat did provide a cash escrow for a future traffic light at this intersection. Mr. Morey suggested Stipulation 13 for the Planning Commission's consideration: 13. The drive - through orientation shall be reviewed prior to City Council consideration of the conditional use permit to reduce potential impacts to the neighborhood. Planning Commission Meeting Minutes, September 20, 2012 Page 6 Motion was made by Drotning, seconded by Davis to recommend to City Council approval of the McDonald's Restaurant Conditional Use Permit to allow a convenience food restaurant with drive through service, located at 21044 Kenrick Avenue, subject to the following stipulations, as amended: 1. The site shall be developed consistent with the plans approved by the City Council. A $10,000 security shall be submitted to the City prior to the issuance of a building permit to guarantee installation of the approved landscaping. 2. The McDonald's convenience food restaurant with drive - through service and any future convenience food restaurant on the subject property that includes drive - through service shall be restricted to business hours not to exceed 5:00 a.m. to 12:00 a.m. Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday and Saturday. Any hours of operation beyond those approved with this conditional use permit shall require an amendment to the conditional use permit subject to the approval of the City Council. 3. All signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 4. All parking lot and exterior lighting shall be down -cast type fixtures and shall meet the requirements of the Zoning Ordinance. The lighting plan shall be amended prior to City Council consideration of the conditional use permit to show not more than 15 foot candles at ground level on all areas of the property. The parking lot lights shall be turned off when the restaurant is closed. 5. Provisions shall be made for daily litter control and for an interior location for recycling and trash handling and storage. Garbage haulers shall not service the subject property between the hours of 10:00 p.m. and 7:00 a.m. 6. Unloading the deliveries shall occur entirely within the McDonald's property. Backing into the site using the Kent 46 shared private drive is prohibited. All deliveries shall take place during off -peak business hours and not when the restaurant is closed for business. 7. The parking of any vehicles, including delivery vehicles, shall not occur on the Kent 46 shared private drive. 8. The proposed site improvements are subject to the review of the City Engineer prior to the issuance of a building permit. 9. Required parking spaces shall not be used for snow storage. Excess snow shall be hauled off -site. 10. McDonald's site development and outside building construction shall not occur between the hours of 10:00 p.m. and 7:00 a.m. in accordance with Title 4- 1 -4 -2A of the City Code. 11. Drive through service area speakers shall not be audible at the south property line of Lot 3, Block 1, Kent 46 and shall be in compliance with Section 11 -16 -25 of the Zoning Ordinance. 12. A building permit is required prior to commencing any building construction. Planning Commission Meeting Minutes, September 20, 1012 Page 7 13. The drive - through orientation shall be reviewed prior to City Council consideration to reduce potential impacts to the neighborhood. Ayes: Boerschel, Lillehei, Davis, Grenz, Drotning, Blee. Nays: Maguire. Commissioner Maguire has not heard compelling reasons to extend the hours of operation allowed in the Zoning Ordinance and she is concerned about the noise and the traffic from the interstate. The next Planning Commission meeting is scheduled for October 4, 2012. There being no further business, the meeting was adjourned at 7:58 p.m. Respectfully submitted, J Penny BrAkW Recording SerxatAry Brooks