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HomeMy WebLinkAbout09-20-07 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 20, 2007 The September 20, 2007 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00.. p.m. Flag Pledge. Present: Davis, Manikowski, Drotning, Pattee, Grenz, Blee, Ex-officio Gerl. Absent: Stolte. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Jay.Rubash, Assistant City Engineer; Daniel Licht, Northwest Associated .Consultants; Jeff Bednar, SRF Consulting Group Inc.; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The September 6, 2007 Planning Commission meeting minutes were approved as presented. The September 6, 2007 Planning Commission Work Session notes wereapproved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. The September 19, 2007 Parks, Recreation and Natural Resources Committee meeting motions regarding The Greenway 4~ Addition preliminary and final plat, and the Kent 46 preliminary and final plat. 2. Map attachment for the Police Department memo dated September 13, 2007 that was included in the packet material 3. Kent 46 revised plans • Preliminary plat showing conservation easement and sidewalk • Final plat (drainage and utility easements) • Landscaping for Lots 1, 2, and 3 • Cross section plan 4. Revised exterior elevations and roof. plan for the. Brunswick Zone. 5. Revised Brunswick elevation plans and sign plan and site plan for trash enclosure. 6. McDonald's Freestanding Sign. • Planning Commission Meeting September 20, 2007 Page 2 ITEM 5. THE GREENWAY 4TH ADDITION Chair Drotning opened the public hearing to consider the application of US Home Corporation for the preliminary plat of five single family residential lots and the final plat of four. single family residential lots and one outlot to be known as The Greenway 4~ Addition, located northeast of Kenwood Trail .(CSAH 50) and northwest of the temporary turnaround on Iteri Avenue. The Recording Secretary attested that .the legal notice .had been duly published in accordance with State Statutes and City Code. Jay Liberacki, the Director of Development for Lennar (US Home Corp.) presented an overview of their request. He requested that the Planning Commission reconsider Stipulation 5 in the September 14, 2007 planning report that requires sod be installed "on the landscaped berm terminating at the rear property line." Mr. Liberacki disagreed with Stipulation 5 requiring sod on the berm. to the CSAH 50 right-of-way. He stated that existing homes in earlier Greenway phases located along CSAH 50 to the southeast do not have sod to their rear property lines and to be consistent, he agreed to sod from the rear of the house to the top of the berm and seed from the top of the berm to the CSAH 50 right-of-way line. Associate Planner Frank Dem se resented the Tannin re ort. Mr, Dem se p Yp P g p p Y stated that US Home Corporation has submitted a preliminary plat application and plans for the development of 5 single family residential lots to be known as The Greenway 4~ Addition and a final plat of 4 single family lots and one outlot. He indicated that The Greenway 4~ Addition preliminary and final plat is zoned PUD, Planned Unit Development and is subject to the. requirements of the RS-3, Single Family Residential District. Mr. Dempsey indicated that there are no outlots in The Greenway 4~ Addition preliminary plat, but The Greenway 4~ Addition final plat proposes one outlot which will be developed as a temporary turn-around until Iteri Avenue is extended to the north with the future development of the Hilla property, at which time the outlot can be final platted into a single family lot. Mr. Dempsey stated that one Iot in The Greenway 4~ Addition abuts Kenwood Trail (CSAH 50) and requires increased buffer yard lot depths and rear yard setback. He indicated that the screening will be accomplished. with a minimum earth berm height of 4 feet, with minimum 8 foot tall evergreen trees and ornamental crab trees. Mr. Dempsey stated that Iteri Avenue will be extended to the north from its existing terminous on the north side of The Greenway 3rd Addition. He indicated that a paved temporary. turn-around .will be required at the end of Iteri Avenue within Outlot A until such time that Iteri Avenue is .extended when the Hilla property to P1aiuling Commission Meeting September 20, 2007 Page 3 the north develops. A temporary easement will be established over Outlot A which will be automatically vacated when Outlot A is platted into lots and blocks. Mr. Dempsey stated that park dedication for The Greenway preliminary plat was satisfied with the greenway corridor park land with the Greenway 1St Addition final .plat. No additional land or cash dedication is required consistent with the September 19, 2007 Parks, Recreation, and Natural. Resources Committee meeting motions that were distributed at tonight's meeting. Mr. Dempsey displayed a ghost plat layout for the Hilla and Swenson properties north of The Greenway 4th Addition. The ghost plat shows a possible future extension of Iteri Avenue and a possible future location for an extended 190th Street. Mr. Dempsey indicated that there are no pending development plans for the ghost plat properties. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of The Greenway 4th Addition preliminary and final plat, Planning Department staff recommends approval subject to the 7 stipulations listed in the September 14, 2007 planning report. Chair Drotning opened the hearin to the ublic for comment. g p There were no comments from the audience. 07.48 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: 6 Nays: 0 Chair Drotning asked staff about the developer's request to amend Stipulation 5. Mr. Dempsey stated that the Zoning Ordinance requires that sod be installed on the landscaped berm terminating at the rear property line. He indicated that if this was a final. plat only, the requirements .that were in place at the time of the preliminary plat would apply. He stated that a variance would be required to deviate from this requirement. 07.49 Motion was made and seconded to recommend to City. Council approval of the preliminary plat of five single .family residential lots and the final plat of .four single family residential lots and one outlot to be known as The Greenway 4th Addition, located northeast of Kenwood Trail (CSAH 50) and northwest of the temporary turnaround on Iteri Avenue, subject to the 7 stipulations listed in the September 14, 2007 planning report. A es: Davis, Manikowski Drotnin Pattee Grenz Blee. Y g, , Nays: 0 Planning Commission Meeting .September 20, 2007 Page 4 ITEM 6. KEiv'r 46 Chair Drotning opened the public hearing to consider .the application of EFH " Company and McDonald's Corporation .for the following, located south of 162nd Street (CSAH 46) and west of Kenyon Avenue: 1. Preliminary and final plat of three commercial lots and two outlots to be known as Kent 46; 2. Conditional Use Permits to allow: A.) A Planned Shoreland Development within the Shoreland Overlay District of .Lee Lake, B.) Impervious surface area greater than 25% in the Shoreland Overlay District of Lee Lake, C.) A convenience food establishment (McDonald's) in the C-3, General Commercial District, and D.) Permanent joint parking facilities; 3. Interim Use Permit to allow a special purpose fence as a buffer along the south side of the subject property; and 4. Vacation of Orchard Lake Trail right-of-way. The Recording Secretary attested .that the legal notice had been duly published in accordance with State Statutes and City Code. Gene Happe and Michael .Whalen from EHF Company, Jerry Roper from McDonald's Corporation, and Tom Funk, VP of Operations for Brunswick, and Hal Sriver, Construction Project Manager for Brunswick presented an overview of their. requests. Mr. Roper requested that McDonald's be .allowed to be open until: midnight on Friday and Saturday nights. Daniel Licht presented .the planning report. Mr. Licht stated that EFH Company has submitted plans. for :development of three lots and two outlots that include a Brunswick Zone commercial recreation use, a two story office building,. and a McDonald's convenience food restaurant. Mr. Licht stated. that the developer hosted a neighborhood meeting on July 26, 2007 at Orchard Lake Elementary School to present their proposal, answer questions from the public, and identify and public concerns. He indicated that issues raised as part of the neighborhood meeting will be addressed at tonight's meeting. Mr. Licht presented a timeline of events regarding the Kenwood Oaks development and the I-35/CR 46 Interchange Land Use Study/Comprehensive Plan amendment and explained why the Interstate 35/CR 46 Interchange study was undertaken in 1991. Mr. Licht stated that the subject site is zoned C-3, General Commercial District. The proposed Brunswick Zone (commercial recreation) and office building are permitted uses. within the C-3 District. He indicated that the proposed McDonald's restaurant is allowed as a conditional use in the C-3 District subject to compliance with the performance standards outlined in the .Zoning. Ordinance. Mr. Licht also indicated that the subject site is within 1,000 feet of the ordinary high water level of Lee Lake, Planning Commission Meeting September 20, 2007 Page 5 which makes the. development subject to the requirements of the Shoreland Overlay District. Mr. Licht presented the preliminary and final plat: He indicated that the developer is requesting approval of a preliminary and final plat to subdivide. the subject site into .three lots and two outlots. Mr. Licht stated that Outlot A will include a stormwater treatment pond for Block 1 and Kent Trail at the southeast corner of the parcel and a four foot tall retaining wall along the west side of Kent Trail. Outlot A also includes a vegistated area that will be kept in its natural state as a buffer between the commercial and. residential. uses. Outlot A shall be deeded to the City with the final plat. Outlot B will include a future subdivision of three single family lots fronting Kenora Court as shown conceptually on the preliminary plat plans. Mr. Licht stated that ingress and egress easement shall be provided for Lots 1, 2 and 3 to allow unrestricted use of the common private drive and shared driveways. Also, boundary drainage and utility easements shall be provided on the final plat along the front and rear lot lines. In addition, a conservation easement shall be provided over the bluff and bluff setback area. Mr. Licht indicated that Conservation Area posts shall be installed between Outlot A, and the abutting residential areas to the south and west. Mr. Licht stated that the primary access to the development is from Kenyon Avenue, which will be re-striped by the developer as identified in the SRF Traffic Study. Mr. Licht stated that Kent Trail is proposed to be extended to 162nd Street (CSAH 46) with this. plat. He indicated that the extension of Kent Trail to 162nd Street (CSAH 46) was specifically planned as part of the Interstate 35/County Road 46 Interchange Land Use Study.. Mr. Licht described the proposed Kent Trail extension and the benefits as outlined by SRF Consulting Group, Inc. that are described in detail in the September 14, 2007 planning report. Mr. Licht described the median that will be constructed with the Kent Trail extension that will prohibit left turns out of the site into the Kenwood Oaks neighborhood as a result of comments made by residents at the July 26, .2007 neighborhood meeting. He stated that based on the anticipated use of the west access to Block 1 and the proposed median design of Kent Trail. within the subject site, the increase in traffic on Kent Trail within Kenwood Oaks. as identified in the SRF Traffic.Study is attributed to redistribution of existing neighborhood traffic. He pointed out that both the Police Chief and Fire Chief support the extension of Kent Trail for emergency service access purposes. He indicated that the dead end at Kenora Way east of Kent Trail is proposed to be constructed by the developer as a permanent turnaround with a 60 foot radius. The developer will work with the Planning Commission Meeting September 20, 2007 Page 6 property owner at 11036 Kenora Way to reconstruct and resurface any areas of his driveway affected by the construction of the new cul-de-sac. Mr. Licht. described the sidewalks to be constructed with. the Kent 46 development. He indicated that the developer is responsible for the entire cost of constructing the sidewalks. Regarding impervious surface within the Shoreland Overlay District, Mr. Licht indicated that the cumulative. impervious surface area of the development is 50.8 percent of the three lots and Outlot A and no impact to the water quality or water level of Lee Lake is anticipated as a result of the development and increased impervious surface based on requirements established by the Zoning Ordinance and State law for rate control and water quality standards. Mr. Licht stated that there were concerns raised at the .neighborhood meeting by residents abutting the south plat line that experience seasonal flooding if the proposed development would increase the risk of flooding. According to the City Engineer, the proposed grading plan will divert stormwater runoff away from the back yards of the abutting property owners, which should lessen the risk of flooding. Mr. Licht stated that there are 763 significant trees on the subject site, :with approximately 29 percent being saved as part of the site development. He indicated that. City staff has worked with the developer to preserve significant trees within Outlot A and along the south plat line east of Kent Trail as they are an important amenity and. will aid in screening the proposed development and complementing the new plants to be added as part of the landscape plan. Mr. Licht described. the retaining wall and the special purpose fence which will aid in screening and help prevent potential trespass across the property lines of the abutting commercial and residential lots. He indicated that special purpose fences are. allowed as interim uses because of the relationship to a specific use or site .element necessitating their construction and are established with a termination event or date per the Zoning Ordinance. Mr. Licht specifically identified the building materials, building height, setbacks, signs, and trash storage for the Brunswick Zone. He indicated the submitted plans need to be revised to indicate that the concrete panels will have integral color to ensure long-term durability and appearance, per the requirements of the Zoning Ordinance. Mr. Licht stated that City staff is recommending that the .building • elevation plan be revised to show complete screening. of the roof-top mechanical equipment,. which Mr. Sriver indicated they have done on the revised plans. Mr. Licht indicated that City staff recommends that the wall sign on the west elevation Planning Commission Meeting September 20, 2007 Page 7 of the Brunswick Zone building be moved to the north elevation, that. the building plans be revised to remove all of the storefront frames,.. and that the freestanding monument sign be moved to the northeast corner of the lot away from Kent Trail. Mr. Licht specifically identified the building materials, building height, setbacks; greenspace, drive. through, signs, trash storage, hours of operation, and odors for the. McDonald's restaurant. Mr. Licht stated that the McDonald's plans must be revised to identify exterior building material, show wa1T signs incompliance with Ordinance requirements, and identify 25% green space. He stated that the Zoning Ordinance limits the McDonald's hours of operation to 5:00 a.m. to 11:00 p.m. unless extended by the City Council. Regarding the office building, Mr. Licht stated that there were nobuilding materials specified on the plans for the exterior of the building. The plans would have to be modified to identify the exterior building materials and to show the location of any roof top .mechanical equipment to determine if screening is adequate. He stated that there is a bluff located in the southeast corner of Lot 3. The proposed development meets the bluff requirements of the Shoreland Overlay District. Regarding the trash enclosures, Mr. Licht indicated that the revised plans that were distributed at tonight's meeting showed the location of the trash enclosures.. He indicated thaf they will be fully screened .and gated according to the Zoning Ordinance. He indicated that McDonald's must provide for daily pick up of trash as part of a litter control plan and policy. Mr. Licht stated that an overall landscaping plan has been submitted. A total of 216 trees are .listed on the landscape plan to be added to .the site.. Ornamental trees, deciduous trees and shrubs are located throughout the site as an accent. He indicated that the plantings along 162nd Street (CSAH 46} and Kenyon Avenue are consistent with the Corridor and Gateway Design Guidelines for major transportation corridors. Mr. Licht described what City staff is recommending for additional landscape screening that was not included in the plans, which are listed in detail in the September 14, 2007 planning report. Mr. Licht stated, that questions. were raised at the neighborhood meeting about the adequacy of the off-street parking supply, especially for the Brunswick Zone. He continued with an explanation of how the .City .determines adequate parking. and what other cities with Brunswick Zones have allowed. Mr. Licht stated that the site plan shall be revised to include an area and provisions for bicycle racks. He stated that a joint parking arrangement between Brunswick Zone and the office building will be established as a .conditional use allowed by Section 11-19-17 of the Zoning Ordinance. He stated the developer must post no parking signs along the common private drive and Kent Trail adjacent to the site. Mr. Licht stated that parking spaces Planning Commission Meeting September 20, 2007. Page 8 shall not be used for storage. If snow cannot be stored on site because of this requirement, excess snow shall. be trucked off-site, Mr. Licht indicated that compliance with the noise section of the Zoning Ordinance is anticipated given the separation of the proposed development. from abutting residential uses to the south, topography, existing and planned trees and shrubs and construction of retaining and screening walls. Mr. Licht stated that the. proposed lighting plan for the Brunswick .Zone complies .with the performance standards established in the Zoning Ordinance. The lighting plan for the McDonald's shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or-from the public right- of-way and shall be in compliance with the Zoning Ordinance. Except for permitted wall signage, the McDonald's building fascia shall not be illuminated. Mr. Licht stated that with the appropriate measures that have been implemented as part of the development plans to provide for a necessary transition between the .subject site and abutting residential uses, should the .Planning Commission recommend to the City Council approval of Kent 46 preliminary and final plat, CUP's, IUP, and right-of-way vacation, Planning Department .staff recommends approval .subject to the 38 stipulations listed in the September 14, 2007 planning report. Jeff Bednar from SRF Consulting Group, Inca presented. the traffic study dated August 30, 2007. The traffic study was prepared in order to evaluate the potential effects of the proposed development on existing streets accessing the subject site and the extension of Kent Trail. The Traffic Study concludes that area streets will continue to function at an adequate. level of service if the proposed development is constructed, .traffic generated by the development would not have a significant impact on the study area, and the extension of Kent Trail is justified. Break at 9:45 Reconvened at 9:57 Chair Drotning opened the hearing to the public for comment. The following are comments from the audience. Doug Arneson, 11120 Kenora Way • • Concerned about the amount of trees that are proposed to be removed. • Very passionate about Lee Lake and felt that it was already under stress and losing water every year. Planning Commission Meeting September 20, 2007 Page 9 • If the snow from the parking lots is to be removed .from the development, how will Lee Lake replenish its water? • Would .like more trees planted along the south side of the site, preferably evergreen trees. • Doesn't feel parking is appropriate for all that will be on the site, laser tag, bowling, conference room, restaurant, etc.... • He requested that the public hearing be continued. Robert Sommerdorf, 11115 Kenora Way • .Very much against the development. He feels it's too much for such a small ..area. He would like the Planning Commission to vote no. • Does not feel that the neighbors were informed or given an opportunity to speak publically early enough in the process. • Negative impact to home values. • Impacts of noise and light on neighborhood. • Concerned about .neighborhood safety. • Is C-3 zoning appropriate for this location? • Does not feel the screening will be adequate. • Affect of the project on site buffer lines from Lee Lake? • Does not like the fact that the second floor windows. of the office building will look out onto the backyards of the neighbors. • Felt that this project is not ready for approval, that it is a moving target. • Feels the size of the replacement trees is too small. • Thinks the plan deviates from the Shoreland rules and the Comprehensive Plan. • Why does Kent Trail need to be connected to CSAH 46? • Why is the liquor license public hearing. separate from the preliminary plat? • Opposed to extended hours for McDonald's. • How many truckloads of dirt will be brought in for the project? • Thinks that the Outlot A, 3.6 acre dedication to the City, is a bribe. • Does approving this project set a precedent .for the future redevelopment of the Jackson Landscaping site? • Why does this project require so many conditional use permits? • Has the Planning Commission ever voted againsf a project? Judy Miseneik, 11285 -.163rd Street • She. was hoping. that the Planning Commission members drove through their . neighborhood prior to tonight's meeting. She feels safe in her neighborhood now, prior to the Kent 46 development. Planning Commission Meeting September 20, 2007 Page 10 • Feels a buffer such as townhomes should be built between residential and commercial property. • Brunswick Zone serving liquor until 2:00. a.m. is not family focused and is too late next to a residential area. • Is the holding pond a public safety concern? • Extension of Kent Trail is a concern and does not feel it is necessary. • Feels the neighborhood is protected currently with having only one way in .and out. Richard Clark, 11260 Kenora Way Mr. Clark is a Ramsey County Deputy Sheriff and works in .the narcotics unit. He feels that bowling alleys definitely have more police calls, especially drug related police calls. He asked if Brunswick will have any security on site. Commissioner Pattee asked Mr. Clark what cities he was getting his facts regarding bowling alleys from. Mr. Clark indicated Maplewood, Arden Hills, and .Little Canada. Brooks Lillehei, 11146 Kenora .Way Mr. Lillehei asked that the Planning Commission not act on the final plat. He felt the neighbors needed more time to "review" the plans. • Does not like the extension of Kent Trail out to CSAH 46; instead incorporate the area into the greenspace for Outlot A or make it a trail wide enough to be used by emergency vehicles. If the road must go through, wanted the City to consider making it a one-way going south. • .Felt there should be a buffer between the neighborhood and commercial properties. He anticipated less intense commercial development on this... property. • Concerned about the business hours of .operation. • Questioned the shoreland impact plan and the impacts to existing trees and Lee Lake. • A monument sign should be considered to identify the neighborhood. • Asked that the developer consider putting a scroll type wrought iron treatment on top of the fence rather than the spikes. • Wants more screening south of the curve in the private drive. • Asked about including rain gardens in the.parking lots. • Wants a 6 foot wall on the south side of the office parking lot. . • Headlights. will shine into the neighborhood from the site. • Felt that extending Kent Trail to get into Burnsville was not a valid argument because if Kent Trail is a right ouf only, you cari t get into Burnsville easily. Planning Commission Meeting September 20, 2007 Page 11 • He referred to the memo from the Fire Chief and Police Captain and indicated that they have never had a problem getting a fire engine or police car into and out of the neighborhood before. • .Cited MN Statute 169 that allows emergency vehicles to drive the opposite way on streets in the event of an emergency. Thomas Groves, 11155 Kenora Way • He received. the material late and hasri t had time to study it. • Concerned about the traffic: and spill-over parking on the streets. • Kids play in the street and the extension of Kent Trail will make that unsafe. • He has lived in the neighborhood for 11 years and has never. considered it unsafe due to Kent Trail not going through to CSAH 46. He feels the Kent Trail temporary. stub street should be made permanent. • Nobody has .complained that they need another exit/entrance to/from the neighborhood. The neighborhood will not use the Kent Trail extension.. • Does not think that school buses have a problem getting around the neighborhood. • He thinks the estimated 440 vehicle trips per day is too much traffic. • Does not agree with no parking on Kent Trail in front ofhis house because it will affect parking for his guests. Kristine Olson, 16031 Kenard Court • She lives in the Streefland Addition. Her daughter goes to Orchard Lake Elementary and is concerned for her safety. • Feels this development will be too close to the surrounding neighborhoods.. • Too large of a development for this piece of land. • 2:00 a.m. alcohol service is too late. Chris Drake , 11242 Kenworth Lane • He bowled at the Eden Prairie facility for four years and indicated that they always had parking problems. The .parking would spill over into the neighborhood. • Kent Trail should be kept as a dead end road.. • Feels their neighborhood should have a park. • Concerned about crime and the safety of the neighborhood kids. Chair Drotning asked the Assistant City Attorney to explain the job of the Planning Commission. Ms. Poehler .stated that the Planning Commission gathers pertinent information about proposed developments based on facts, and checks to be sure that Planning Commission Meeting,... September 20; 2007 Page 12 the developments are consistent with the Comprehensive Plan and meets the requirements.of.the City's Ordinances. Mike Schoen, 11227 Kenworth Lane • Too many trees are being removed. Not putting Kent Trail through' would save more trees. • He feels that. the ingress/ egress from the neighborhood will not change with the extension of Kent Trail. • The noise level will increase with the cars and stereo's of the patrons and with snow removal when vehicles backup. • Day time it may be a fun zone, but nighttime it becomes a bar. Terri Marshik, 16338 Kent Trail • She built the first home in Kenwood Oaks in 1992. • She runs a gym and when she wanted to purchase the property seven years ago for a gymnastics school, she was told by the City that it was not zoned for recreational uses and now the Brunswick Zone is proposed. • She. visited the Eden Prairie Brunswick Zone and witnessed things that she would.. not want in her neighborhood, including alcohol sales to minors, gambling, and loud music from car stereos. • She thinks this development will be bad for the Lee Lake. She stated that Lee Lake residents use their own money to maintain the lake. • She thinks there will be spillover parking in the neighborhood. • She thinks the masonry wall (special .purpose fence) allow development closer to the neighborhood. • Concerned about the long term impacts of the development. Break at 9:11 Reconvened at 9:23 .Chair Drotning stated that the public hearing will stay open as long as the public is respectful. of the process. If a resident has something pertinent to say regarding what is being discussed, they must wait to be recognized by the Chair. Greg Kot, 11280 Kenora Way • Safety is his number one concern. • Mr. Kot is a builder/ developer and he feels the intent of the Comprehensive i Plan should be revisited as to whether commercial development involving liquor sales on this site is compatible with the neighborhood. Planning Commission Meeting September 20, 2007 Page 13 • Where .else in Lakeville or the Twin Cities is the selling of liquor so close to a neighborhood? David Zook, 11098 -164th Street • He is a volunteer for a unique program that puts barley bags out at Lee Lake to improve the water quality. Has concerns with the impervious surface area and its impacts on the water quality of Lee Lake. Ginny Lampert, 11062 Kenora Way • Pointed out the commercial land use section of the Comprehensive Plan (Item #2) requires new commercial .developments to be compatibly designed with surrounding land uses. Does not believe this development provides an .adequate transition for the neighborhood. • Do not. feel a wall can be built high enough that could buffer out all the noise from this development. • Appreciates that the public hearing will be kept open. Break at 9:40 .m. p Reconvened at 9:55 Mr. Licht answered those questions and concerns from the neighbors regarding the land use plan designation and Zoning Ordinance performance standards for the proposed uses. He explained that 25 % impervious surface area is a requirement of the shoreland overlay district, but up to 70% impervious surface area is allowed by conditional use with the submittal of a Shoreland impact plan and best management practices for stormwater treatment. Mr. Licht explained the reason the developer applied for an :Interim Use Permit for the screening wall special purpose fence. He indicated that the screening wall is considered temporary. If the site re-develops in the future to a different use, the screening wall may no longer be needed and could be removed. Chair Drotning noted the wall that was installed at Fleet Farm and that the neighbors agreed with the wall. for screening purposes. Mr. Licht reviewed the landscaping plan, the trees that will be planted adjacent to the screening wall on the south side, and the screening in the southwest corner of the commercial site. He showed the cross section which indicates that ,the screening • wall will be 18-20 feet from the. single family back yards.. Planning Commission Meeting September 20, 2007 Page 14 • Mr. Licht indicated that the parking analysis did not break the bowling alley, restaurant, and gaming room as separate uses. These uses are integrated into the Brunswick Zone operation and City staff feels there is sufficient parking to accommodate this facility. Chair Drotning stated that if the Brunswick Zone closed .down there would be appropriate parking for a retail use of the building given current parking requirements. Chair Drotning explained that the Subdivision Ordinance allows preliminary and final plats to be considered simultaneously. He pointed out the positive changes that have occurred to the plans since the neighborhood meeting to address resident concerns. He noted that if the final plat were processed separately, it would be on the consent agenda without a public hearing. Assistant City Engineer Jay Rubash described the Lee Lake outlet and drainage route and addressed water quality. He indicated that there is very seldom any lake water discharge from Lee Lake. Regarding the Park, Recreation, -and Natural Resources Committee recommendation of installing rain gardens in the parking lots, he would not recommend these due to the sandy soils in the area that lie above a .limestone bedrock layer that runs toward the homes between the Kent 46 site and. Lee Lake. Mr. Rubash described the proposed stormwater basin. He stated it will have a clay liner and be tested for leaks. There was a discussion regarding soil borings and how relevant. they are this year with it being so dry. A neighbor asked what legal course he would have if .his basement started getting wet because of this development. Commissioner Pattee indicated that if it becomes an issue, the residents could consult an attorney at that time. Tom Funk from Brunswick explained how they run their business. He indicated that if the land was already platted, all he would need is staff site plan review and a building permit to construct Brunswick Zone because it is a permitted use. He explained that they serve alcohol responsibly and that they incorporate the use of wristbands at the .door on weekends to be sure everyone who enters has had their ID's checked by Brunswick zone staff. Liquor sales are approximately 12-15%° of .their total sales. He indicated. that the liquor license is a City Council decision. Mr. Funk stated that there is a $5.00 cover charge on Friday and Saturday nights to limit loitering.. He indicated that their methods to prohibit consumption of alcohol by minors has been very successful. He read two letters from the mayors of other cities. indicating what a positive business Brunswick Zone has been to their community.. Commissioner Gerl asked how the shared parking arrangement is communicated to the patrons. Mr. Funk responded. Planning Commission Meeting September 20, 2007 .Page 15 • Security was discussed. Brunswick Zone uses off-duty City police officers .and County sheriff's officers at their other facilities and plan on doing the same in Lakeville.. also. They usually start out with three or four officers at night when they first open so people are aware of their presence and then they use one officer during the week and two on the weekends. Commissioner Davis asked .about live entertainment. Mr. Funk stated that they have no live entertainment. They do not. promote bands (live music). They will have an upscale bar with approximately 60 tables to sit and eat at and six billiard tables. They. have a satellite bar near the bowling lanes with approximately 60% of their business at the satellite bar and 40% in the bar. He indicated that liability is a huge concern and they take it very seriously. .There was a discussion regarding the location of the garbage facilities and pick up for each use. Commissioner Grenz asked if Brunswick Zone holds Texas Hold 'Em tournaments. Mr. Funk stated that they tried it at one of their other facilities for about six weeks. They didri t have cash winnings, only prizes. They will not hold Texas Hold 'Em tournaments or bowling tournaments at the Lakeville facility. Commissioner Grenz suggested that a stipulation be made for no live entertainment and no gambling. Commissioner Blee commented on the internal sidewalk and thought it would be safer to move it to the south side of the common drive. Mr. Rubash indicated the reason the sidewalk is on the north side to save some large oak trees located on the south side of the site. Commissioner Grenz commented that Ole Piper and Babe's are examples of bars located adjacent to residential neighborhoods. He also explained -that two accesses to a neighborhood is good due to the fact that the fire .trucks can come from. the. two directions. He indicated that the City does not drive fire .trucks on sidewalks or .trails because they cannot handle the weight. There was a discussion regarding snow removal times. It was determined that snow removal can be done anytime as it is a necessary service resulting from the weather. The Zoning Ordinance regulates hours of operation for McDonald's, but not for the Brunswick Zone. The Planning: Commission was fine with McDonald's request to allow hours of operation to be extended until Midnight on Friday and Saturday nights due the Brunswick Zone also being open at that time. • Plaruzing Commission Meeting September 20, 2007 Page 16 The Planning Commission agreed with the previous suggestion by the neighbors of amore decorative wrought iron treatment on top of the screening wall as opposed to the spikes for safety reasons. City staff concurred. .There was a discussion regarding the access spacing guidelines for CSAH 46 and CSAH 5. Commissioner Bleu confirmed that CSAH 46 was a gateway corridor. Commissioner Drotning felt that now is the time to extend Kent Trail because the developer will build it at no taxpayer expense and eventually it could have to be extended in the future without public input. Break at 11:42 Reconvened at 11:52 Commissioner Drotning discussed. signalization of the CSAH 46 and Buck Hill Road/Kenyon Avenue intersection.. Mr. Rubash stated that it is the County's decision and will be based upon warrants and financial factors. Commissioner Gerl commented on the one. stop sign at the intersection of Kent Trail and Kenora Court. He indicated that either both directions of Kenora Way or all directions of both Kenora Way and Kent Trail should stop at that intersection. Mr. Rubash indicated that he will contact the Director of Operations and Maintenance. Doug Arneson asked about the windows on the south side of the office building and if they were necessary. Commissioner Pattee stated that because of the grade at this site, the windows on the south side may face the neighborhood, but he does not support a solid prison-looking building wall without windows. Mr. Morey indicated .that there is a similar situation with an office building located in the northeast corner of Glacier Way and Cedar Avenue adjacent to single family homes. The Planning Commissioners discussed continuing this agenda item to the next meeting at which time the developer would have revised plans addressing .the recommendations of staff and the Planning Commission for review. They agreed to keep the public hearing open as well. 07.50 Motion was made and .seconded to continue the Public Hearing and bring it back to the October 4, 2007 Planning Commission meeting. Ayes: Manikowski, Drotning, Pattee, Grenz, Blee, Davis. Nays: 0 Planning Commission Meeting September 20, 2007 Page 17 There being no further business, the meeting was adjourned at 12:28 a.m. Respectfully submitted, ATTEST: J l Penny: e g, .Recording Secr tary Karl Drotning, Chair •