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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