HomeMy WebLinkAbout10-01-98 City of Lakeville
PLANNING COMMISSION MEETING MINUTES
October 1, 1998
The October 1, 1998 Planning Commission meeting was called to order by Chair Rieb at
6:00 p.m. in the City Hall Council Chambers.
Roll call of members was taken:
Present: Miller, Kot, Wanner, Rieb, Cecchini, Wulff, and Ex Officio David Bellows.
Absent: Drotning.
Staff .present: Michael Sobota, Community and Economic Development Director; Daryl
Morey, City Planner; Ron Mullenbach, Planning Assistant; Tim Hanson, Assistant City
Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary.
Commissioner Wulff requested that the September 17, 1998 Planning Commission
meeting minutes be amended to include the following motion:
98.150 MOTION by Wulff, Second by Kot to table action and continue discussion of the
application of Cooperative Power Association (CPA) for a Conditional Use Permit to the
October 1, 1998 Planning. Commission meeting. Roll call vote was called on the
motion. Ayes: Miller, Rieb, Kot, Drotning, Wulff. Nays: 0.
The minutes of the September 17, 1998 Planning Commission Meeting were approved
as amended.
ITEM 5: .PUBLIC HEARING: Zweber Farm fifth Easement Vacation
Chair Rieb opened the public hearing for consideration of the application of D.R. Horton,
Inc. -Minnesota for the vacation of a sanitary sewer easement located south of 175th -
Streetand west of Highview Avenue. City Attorney Roger Knutson attested that'the legal
notice had been duly mailed and published as required by state statute.
City Planner Daryl Morey presented an overview of the application submitted by Don
Patton, representing D.R. Horton, Inc. -Minnesota, for the. vacation of the portion of an
existing sanitary sewer line easement located within the portion of Outlot C, Zweber Farm
First being #inal platted as Zweber Farm Fifth. The existing sanitary sewer line was
constructed to serve the City's water treatment facility located in the northeast corner of
185th Street and Ipava Avenue. The existing sanitary sewer line will be relocated within
street rights-of-way and drainage and utility easements to be established with the Zweber
Farm Fifth final .plat.
Gity Planner Morey indicated that at their September 17, 1998 meeting, the .Planning
Commission recommended approval of the Zweber Farm Fifth final plat with a stipulation
that the vacation of the existing sanitary sewer easement located within the Zweber Farm
Fifth final plat be considered by the City Council simultaneously with the Zweber Farm;
Fifth final plat. The Planning Commission's recommendation regarding this easement
vacation request will be forwarded to City Council along with the Zweber Farm Fifth final
plat for formal action at the October 5, 1998 City Council meeting.
!S Mr. Ray Brandt, Brandt Engineering, was in attendance to answer questions from the
Commission and public.
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 2
Community and Economic Development Department and. Engineering Department staff
have reviewed the sanitary: sewer line easement vacation application and recommend
approval contingent upon the recording of the Zweber Farm Fifth final plat.
There were no comments from the public.
98.151 MOTION by Wulff, Second by Wanner to close the .public hearing at 6:10 p.m.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Rieb, Wanner, Cecchini, Wulff.
Nays: 0.
98.152 MOTION. by Miller, Second by Wulff to recommend to City Council approval. of the
application of D.R. Horton, Inc. -Minnesota for the vacation of an existing sanitary sewer
easement located within the Zweber Farm Fifth final plat contingent upon the recording of
the Zweber Farm Fifth final plat and in accordance with the September 22, 1998 Planning
Report..
Roll call vote was called on the motion.
Ayes: Kot, Rieb, Wanner, Cecchini, Wulff, Miller.
Nays: 0.
ITEM .KENTUCKY FRIED CHICKEN (KFC) RESTAURANT
A. Public Hearing: Kentucky Fried Chicken (KFC) Restaurant Conditional Use
Permit
Chair Rieb opened the public hearing for consideration of the application of Dennis
Bohm, Bohm, Inc., for a Conditional Use Permit to allow the construction of a Kentucky
..Fried Chicken (KFC) restaurant in the B-4, General Business District.. City Attorney
Roger Knutson attested that the legal notice had been duly mailed and published as
required by state statute.
City Planner Daryl Morey presented an overview of the application of Dennis Bohm,
Bohm, Ina, to allow the construction of a 3,200 square foot Kentucky Fried Chicken
(KFC) restaurant. proposed to be located in the northeast corner of 165th Street and
Kenrick Avenue. The property is zoned B-4, General Business District and is located. on
the east side of 1-35, west of the Gopher Mini-Storage business, and across 165th Street
to the north of Twin Cities Harley Davidson. Drive-in and convenience food
establishments are allowed by conditional use permit. in the B-4 District.
City Planner Morey indicated that, in conjunction with the KFC Conditional Use Permit, an
application has been submitted to final plat the subject property (Outlot A, Gopher Mini-
Storage First Addition) into one lot and one outlot. The KFC restaurant is proposed to be
located on .Lot 1, Block 1, Gopher Mini-Storage Second Addition.
City Planner Morey presented an overview of the site plan for the proposed KFC
• restaurant. Details were discussed including the following:
• Architectural appearance: The KFC restaurant is proposed to be constructed of
masonry materials in a beige earthtone color with red and white vinyl canopies and a
24-foot high entryway copula topped with a red and white vinyl canopy.
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 3
. A trash enclosure is proposed in the southeast corner of the parking lot. and will be
constructed of materials and colors to match the restaurant. Landscaping is also
proposed along the south and east sides of the trash enclosure.
• Landscaping: Perimeter landscaping and sodding is proposed consisting of a mixture
of deciduous and coniferous trees and shrubs. Landscaping is limited along the east
boundary of the site due to existing sanitary and storm sewer pipes that are located
within a 20-foot wide drainage and utility easement.
• Site lighting: A site lighting plan has been submitted that shows the location of
parking lot light standards.
• Signage: One 26-foot high, 136 square foot freestanding sign is proposed. Also, two
wall signs (permitted on corner lots) are proposed to be located on the west and
south sides of thebuilding. Theproposed signs are consistent with sign ordinance
requirements and a separate sign permit must be .approved by City staff for the
installation of the proposed KFC restaurant signs.
The existing Gopher Mini-Storage pylon sign will be relocated to Lot 1, Block 1,
Gopher Mini-Storage First Addition. A separate sign permit will be required for the
relocation of the existing Gopher Mini-Storage sign.
• Parking: Forty-seven on-site parking spaces, including two handicapped parking
spaces, are proposed for the KFC restaurant which is consistent with parking. spaces
required by the Zoning Ordinance.
• Site access: City Planner Morey indicated that the site plan provides for one. main
access and egress driveway from 165th Street. The site also includes a drive-
through access aisle to the right of the main driveway. This access aisle extends
around the east and north sides of the proposed restaurant. Egress from-the drive-
through .aisle is onto Kenrick Avenue and is an "exit only" for drive-through customers.
B. Gopher Mini-Storage Second Addition Final Plat:
City Planner Morey indicated that Bohm Inc. has submitted an application to final plat the
subject property (Outlot A, Gopher Mini-Storage First Addition} into one lot and one
outlot. Lot 1, Block 1, Gopher Mini-Storage Second Addition is being final platted to
accommodate the KFC restaurant site. The 37,840 square foot, 145-foot wide lot is in
compliance with B-4 District minimum lot area and width requirements. Outlot A, Gopher
Mini-Storage Second Addition is intended for future commercial development consistent
with the existing B-4, General Business District zoning.
Planner Morey noted that the grading and drainage plan has been reviewed by City
Engineering Department staff and the Environmental Affairs Committee (EAC) and they
are recommending approval of the KFC Conditional Use Permit and the final plat of the
Gopher Mini-Storage Second Addition.
The Parks andRecreation Committee and staff are recommending a cash contribu#ion to
satisfy the park dedication requirement for Gopher Mini-Storage Second Addition.
Community and Economic Development Department staff recommend approval of the
Gopher Mini-Storage Second Addition final plat and the Kentucky Fried Chicken request
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 4
for a Conditional Use Permit subject to the seven stipulations listed in the September 25,
1998 Planning. Report.
Mr. Dennis Bohm, Bohm Inc., and Grant Jacobson, project engineer, were in attendance
to answer questions from the Commission, staff and the public. Mr. Bohm indicated his
agreement to the stipulations recommended by staff for approval of the conditional use
permit and final plat.
Planning Commissioner Wulff questioned whether any concept plan has been submitted
for Outlot A, Gopher Mini-Storage Second Addition, and whether consideration had been
given to a shared driveway concept for the KFC use and future use of the property to the
north. Staff responded that there have been no conceptual plans submitted for future
use of Outlot A; however, the concept for a shared driveway was discussed by staff and
there was concern that the grades would not accommodate a shared driveway in this
area. Assistant City .Engineer Tim Hanson .indicated that a shared driveway would
require a significant retaining wall and grades of the driveways would be less than ideal.
City Engineer Hanson further speculated that future uses of Outlot A, if more than one
use is proposed, could conceivably share a driveway.
Mr. David Jahns, 16512 Kentucky. Avenue, expressed his concerns regarding site
lighting, increased traffic on 165th Street, and potential odors .produced by fast food
restaurants.. Mr. Jahns indicated that although the B-4 zoning allows fast food
restaurants, he felt that the proposed location was inappropriate due to its proximity to
the residential neighborhood.
Mr. Gerry Rainford, 16547 Kentucky Avenue, stated his concern was that proposed
lighting of the site would be intrusive onto his residential property because he would be
able to see lights #rom the deck in his back yard. Mr. Rainford also indicated that the
"Colonel Sanders" picture proposed for the west side of the restaurant (included in the
wall sign} was too conspicuous.. He felt the wall signs should be more subdued.
Ms. Marnie Franz, 16563 Kentucky Avenue, expressed her concern regarding increased
traffic along 165th Street and the speed limit for 165th Street. Ms. Franz indicated she
felt the colors proposed for the restaurant structure were too bright and favored more
subdued colors and less signage.
Daryl Serbus, 16525 Joplin Path, expressed concern that the proposed 11:00 a.m. to
10:00. p.m. hours of operation would change to be open later in the evening. Mr. Serbus
cited lighting, noise, odor, residential property values, and increased traffic as his
concerns regarding the proposed restaurant use.
Richard Stuntebeck, 16531 Kentucky, Avenue, agreed with the other residents in
attendance and stated lighting, signage, and increased traffic were his concerns with the
proposed restaurant use.
Ms. Tracy Pleschourt, 16688 Kentucky Avenue, expressed her agreement with the other
• residents and requested consideration be given to reducing the proposed signage.
Bob Schultz, owner of Gopher Mini-Storage, stated he was in #avor of the KFC proposal.
However, he asked if the proposed drainage of the site would impact fiis property located
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 5
• to the east of the KFC site. Assistant City Engineer Hanson indicated that there would be
no impact to his property based upon the grading plan submitted.
The Planning Commission discussed and recommended the following:
• Li htin :proposed backlighting of the awnings along the south side of the building
abutting 165th Street West should be minimized and there should be no lighting of
the arched dome.
• Si na e: The "KFC" wall sign on the south side of the building should be moved to
the north side of the building.
• Aesthetics: The developer agreed to change the "striped" cupola to a solid color to be
more subdued.
• Traffic: City Engineer Tim Hanson reviewed the current and projected traffic on 165th
Street and Kenrick Avenue. Mr. Hanson stated that 165th Street will continue to be a
less traveled major collector and expected traffic issues to be accommodated with the
site plan as proposed. However, Mr. Hanson indicated that both Kenrick Avenue and
165th Street are wide enough to include a third lane for "left" turns. City Engineering
staff will evaluate the possibility of striping to accommodate any future traffic
concerns.
Mr. Bohm, Bohm Inc., was present and indicated his agreement to work closely with staff
to address the concerns of the Planning Commission and residents.
!8.153 MOTION by Miller, Second by Kot to close the public hearing at 8:00 p.m.
:Roll call vote was called on the motion.
Ayes: Rieb, Wanner, Cecchini, Wulff, Miller, Kot.
Nays: 0.
The Planning Commission agreed to add the following stipulations for approval: of the
KFC Conditional Use Permit that address neighborhood concerns:
8. Trash pick-up for the KFC restaurant shall occur daily except Sundays. Prior to the
issuance of a building permit for the KFC restaurant, Community and Economic
Development Department. staff will review the feasibility of enclosing the top of`the
trash enclosure.
9. There shall be no wall signs located on the south side of the KFC restaurant
building.
10. The proposed awning lights on the south side of the building shalt be kept at a
minimal intensity.
11. The top of the entryway cupola shall be one color and shall not be iit.
12. Lighting at the periphery of the KFC restaurant. site and building shall. be directed
downward and individual lights shall not exceed 15foot-candles at ground level.
Maximum site illumination shall not exceed 1foot-candle at ground level when
• measured at the west and south boundary lines.
13. Prior to the issuance of a building permit, the landscape plan shall be revised to
include additional trees on the south side of the KFC restaurant site.
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 6
• Mr. Bohm indicated his agreement to the additional stipulations.
98.154 MOTION by Miller, Second by Cecchini to recommend that City Council approval of the
application of Dennis Bohm, Bohm, Inc., for a Conditional Use Permit to allow the
construction of a Kentucky Fried Chicken (KFC) restaurant in the B-4, General Business
District and approval of the Gopher Mini-Storage Second Addition final plat subject to the
seven stipulations as listed in the September 25, 1998 Planning Report with theaddition
of Stipulation Nos. 8 - 13, as listed above, and approval of the Findings of Fact dated
October 1, 1998.
Roll call vote was called on the motion..
Ayes: Wanner, Cecchini, Wulff, Miller, Kot, Rieb.
Nays: 0.
ITEM 7A. Cooperative Power Association (CPA) Conditional Use Permit
Community & Economic Development Director Michael Sobota indicated that at the
September 17, 1998 Planning Commission meeting the public hearing was closed
regarding the Conditional Use Permit application of Cooperative Power Association
(CPA). Action was tabled until this Planning Commission meeting. City staff met with
:CPA and Northern States Power (NSP) representatives and Dakota County Highway
Department ofl=lcials regarding the issues raised at thepublic hearing on September 17,-
1998. It was: determined that additional research and alternatives need to be discussed
with the applicant prior to staff recommendation to the Planning Commission. Therefore,
• Community and Economic Development staff recommends tabling action on the CPA
Conditional Use Permit until the October 15, 1998 Planning Commission meeting.'-:.
98.155 MOTION by Rieb, Second by Gecchini to table action on the Cooperative Power
Association Conditional Use Permit until the October 15, 1998 Planning Commission
meeting.
Roll. call vote was called on the motion.
Ayes: Cecchini, Wulff, Miller, Kot, Rieb, Wanner.
Nays: 0.
ITEM 8A. Comprehensive Guide Plan Update: Review and Discussion
Alan Brixius, NAC, reviewed with the Planning Commission the proposed urban service
urea land use plans proposed to be presented to each of the eight urban service area
neighborhoods. The proposed land use plans are a result of the issues and comments
raised by residents and property owners and policies contained in the draft Policy Plan.
Commissioner Wulff excused herself from the dais at 9:00 p.m.
Mr. Brixius presented and discussed the existing and proposed land uses and provided
details of each of the eight urban service area maps. Mr. Brixius answered questions
concerning land use recommendations..
The Planning Commission discussed. the need for good land use transitions along I-35.
Regular Planning Commission Meeting Minutes
October 1, 1998
Page 7
• Commissioner Kot questioned whether. future public school sites fiave been identified on
the proposed land use maps. Community and Economic Development staff will confer
with school district officials to determine properties currently owned by each of the school.
districts and the appropriateness for identifying potential public school locations on the
urban service area land use map.
Mr. Brixius indicated the suggestions and comments of the Commission members will be
incorporated in the draft plans prior to presentation at the neighborhood meetings.
ITEM HB. Comprehensive Guide Plan Update -Urban Service Area Neighborhood
Planning Assistant Mullenbach presented the schedule for the second round of
neighborhood meetings for presentation of the draft urban service area land. use plans.
Community and Economic Development staff. is recommending that. at least one
Planning Commissioner be present to open each meeting, participate, and be available
for discussion. Following some discussion volunteers to open each meeting were
identified. Community and. Economic Development staff will coordinate with individual
volunteers prior to each meeting.
ITEM 8C. Dakota County Joint Planning Commission Meeting
Planning Assistant Mullenbach thanked Planning Commission Chair Laurie Rieb, and
Commissioners Sharon Kot and Dennis Miller for attending and representing the
Planning Commission and City oftakeville of the Dakota County Joint Planning"
• Commission Meeting that was held on Wednesday, September 30, 1998. Mr.
Mullenbach distributed the Executive Summary: Dakota County 2020 document that
summarizes Dakota County's comprehensive plan update, including the following areas:
• Public Participation Process
• Land Use
• Housing
• Environment and Natural Resources
• Transportation
• Parks and Open Space
• Public Facilities
The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, October
15, 1998.
There-being no further business, the meeting was adjourned at 9:45 p.m.
Resp tfuily submitt ,
onna Quintus, Re rding Secretary
ATTEST:
La ri Rieb, Chair