HomeMy WebLinkAboutPC 09.22.22
Minutes for the Planning Commission Meeting of Thursday, September 22, 2022
Chair Kleissler called the meeting to order at 7:00 pm.
PRESENT: Andress, Arcand, Kleissler, Lessard, Petty
ABSENT: Derr
STAFF: Rachel Juba, Community Development Director
Max Gort, Associate Planner
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of September 8, 2022
Commissioner Petty made a motion, seconded by Commissioner Arcand to approve minutes for the
meeting of September 8, 2022.
Ayes: Andress, Arcand, Kleissler, Petty
Abstain: Lessard
Motion carried.
Public Hearing: Premier Banks – Site Plan, Zoning Amendment, CUP, and Variances for commercial
building at 5616 147th Street North
Staff provided a background on Premier Banks’ proposed site plan for a commercial development at
5616 147th Street North, along with the requested zoning amendment, CUP, and two variances. The
site plan includes an approximately 4,500 square foot commercial building with a drive-through
located on the 0.76 acre parcel. The proposed use is to be a bank and 1,000 square feet for another
tenant. The property is located on the northwest corner of 147th Street and Highway 61, currently
occupied by a residential home. The property is zoned Future Central Business (FCB) and is located in
the area of the City where development is guided by the downtown plan and design guidelines. The
applicant is requesting to rezone the property to Central Business (C-1) to accommodate a commercial
use. Additionally, the applicant is requesting approval of a conditional use permit to al low for a drive-
through teller lane to be within 200 feet of a residentially zoned property. The applicant is requesting
two variances. The first variance is to allow for 115 feet and 4 inches of space for vehicle stacking,
where 180 feet is required by ordinance. The second variance is to allow for the drive-through main
entrance to be located on Flay Avenue, a local street, where access to a state highway, county road, or
city commercial collector street is required by ordinance.
September 22, 2022 PC Minutes
Page 2
The surrounding properties on the other three corners of the intersection are all zoned C-1 and
occupied by commercial uses. Surrounding properties in the neighborhood to the north and south are
primarily zoned FCB and occupied by residential uses. This property and surrounding pr operties are
guided Mixed-Use (MIX) in the 2040 Comprehensive Plan, allowing for a mix of residential, commercial,
office, retail, and public/quasi-public uses. The property is currently vacant, flat, and does not appear
to have wetlands. The property is landscaped with several overhead deciduous trees and lines of
coniferous trees providing screening from the property to the north.
On April 28, 2022, the Planning Commission gave informal comments on the applicant’s Sketch Plan,
agreeing with staff that a neighborhood meeting should be held with the property owners to provide
background on the FCB zoning district and how the area may develop. At the neighborhood meeting
held on June 9, 2022, neighbors who were concerned about the guidance of their neighborhood asked
what could be done to prevent future commercial uses in the area, and staff stated that a petition
could be made to consider rezoning the area to a residential district. Staff had not received a petition
to the date of this meeting of the Planning Commission.
The applicant is requesting to rezone the property from Future Central Business (FCB) to Central
Business (C-1). Staff has analyzed this rezoning based on the four criteria in the City ordinance under
Section 90-40, Zoning Amendments. The primary factors in Staff’s analysis of the four criteria were the
fact that the FCB zoning is designed to allow for future rezoning to C -1, and that the applicant had
worked closely with staff to design the project with minimal impacts on neighboring residen tial
properties. Staff found that all of the necessary requirements for approval of a zoning amendment
were met.
The applicant is requesting approval of a conditional use permit (CUP) for a drive -through lane to be
within 200 feet of a residentially-zoned property. Staff has reviewed the CUP application subject to the
required findings outlined in Sec. 90-37 Conditional use permits of City Code. The primary factors in
Staff’s analysis of the criteria were whether the request is within the spirit and intent of the ordinance,
and whether the request is compatible with the City’s Comprehensive Plan and the character of the
surrounding area. Staff found that all of the necessary requirements for approval of a CUP were met.
The site plan complies with all building setback, height, and lot coverage requirements. The applicant’s
landscaping plan meets ordinance requirements; however, staff has provided that the maintenance of
an existing row of evergreen trees along the north property line be a condition to be met in the CUP.
The applicant meets lighting and screening requirements; however, screening of rooftop mechanical
equipment is listed as a condition in the resolution.
The applicant is requesting a variance from the requirement that drive -through businesses have their
main entrance located on a State Highway, County Road, or city commercial collector street, in order
for their access point to be located on the residential street of Flay Avenue. The primary factors Staff
must consider are practical difficulties and spirit and intent of the ordinance. Due to traffic engineering
concerns, the proposed drive-through entrance location is the most optimal for minimizing vehicle
collisions, and is therefore a reasonable use. The property has few practical options for the location of
September 22, 2022 PC Minutes
Page 3
an access point, and it is in staff’s opinion that the request for the variance is due to unique
circumstances not created by the landowner. A drive-through business with its access point onto Flay
Avenue North would be within the character of an eventual central business district. The other corners
of Highway 61 and 147th Street are occupied by commercial uses. It is in staff’s opinion that the
proposed access point location will not alter the essential character of the neighborhoo d. It is in staff’s
opinion that there are practical difficulties in meeting the ordinance standards. This area is expected to
be developed with commercial uses consistent with the downtown plan, and it is in staff’s opinion that
the location of the access point meets the spirit and intent of the code and comprehensive plan. Staff
found that the request meets all standards required for a variance .
The applicant’s site plan is showing 115 feet and 4 inches for vehicle stacking for the drive-though,
where 180 feet is required by the ordinance, therefore a variance is required. The primary factors Staff
must consider are practical difficulties and spirit and intent of the ordinance . If the vehicle stacking
goes beyond the 115 feet and 4 inches it will be within the parking lot on the site and will not go into a
public street. The drive-through business with a reduced area of vehicle stacking is a reasonable use. In
order to meet the 180’ of vehicle stacking required by ordinance, the applicant would need to reorient
the building placement so the drive-through is to the north adjacent to the existing single-family home
to the north. It is in staff’s opinion that the drive -through lane oriented to the east towards Highway 61
is the best location on the site for the service window. Allowing for a reduction of vehicle stacking
would not alter the essential character of the neighborhood more significantly than if the drive -
through lane was constructed with 180’ of stacking per ordinance. It is in staff’s opinion that there are
practical difficulties in meeting the ordinance standards. It is the spirit and intent of the ordinance to
ensure that vehicles queuing for a drive-through business are given ample space to do so without
overflowing into other traffic areas such as public streets. Since the provided vehicle stacking will not
go into a public street and there is a bypass lane for vehicle circulation , it is in staff’s opinion that the
variance requested meets the spirit and intent of the ordinance. Staff found that the request meets all
standards required for a variance.
There is a City trail along 147th Street North as well as a County trail Highway 61. The site plan does
not propose any impact to either trail. The Downtown Design Guidelines encourage pedestrian
connection with development. The plans show a pedestrian connection to the existing trail along 147th
Street that is landscaped.
According to the Comprehensive Plan and the downtown plan, the site falls within an area that shall
follow downtown design guidelines. The submitted architectural plans describe a 4,500 square foot
building that is roughly 23 feet tall. Elevations for the building are given along with renderings of how
the site will look once completed and in use. The exterior is articulated on all four sides, leaving no
blank space. The walls are designed using a combination of brick masonry and stone to create
aesthetically pleasing, yet contrasting tones to highlight ent rances and windows.
The guidelines identify the intersection of 147th Street and Highway 61 as a key entry point into
downtown encouraging the area to be designed with gateway elements, which could include open
space, unique landscaping, walls or gates, water features, and City signage.
September 22, 2022 PC Minutes
Page 4
It is in staff’s opinion that the architectural plans meet the downtown design guidelines . Staff will
continue to work with the applicant to implement appropriate gateway elements, as a condition of
approval.
The applicant’s site plan has met all requirements for signage, provided that gateway elements are
incorporated into their proposed monument sign on the corner of 147 th Street and Highway 61. The
applicant has also met all requirements for drainage, grading, and utilities. Staff has found that the
proposal meets all the requirements necessary for the City to approve the site plan, zoning
amendment, CUP, and variances as outlined in the City Code and zoning district regulations, subject to
the conditions listed in the attached resolutions. Staff recommends approval of the site plan, zoning
amendment, CUP, and variances for Premier Banks located at 5616 147th Street North .
Members of the applicant’s development team were in attendance and addressed the Plann ing
Commission. Joseph Houle, the Branch President of Premier Banks located at 14815 Forest Boulevard,
and Chad Haller, Architect from 10K Architecture, highlighted the work that the team has put in to
creating the proposal as it stood. Haller showcased material board samples of the building materials,
and gave some emphasis to the large windows that create an open environment both inside and
outside the building.
Commissioner Arcand asks if staff has reviewed the building materials. Community Development
Director Juba responds that staff has comprehensively reviewed the architectural elevations and
renderings.
Chair Kleissler opened the Public Hearing at 7:23 PM
Alex Rooney, of 14816 Flay Avenue North, addressed the Planning Commission stating that she and her
neighbors were still working a petition for rezoning the neighborhood from FCB to a strictly residential
zoning district. Furthermore, Rooney expressed concern that children play in the residential street, and
that a danger may be posed if drive-through traffic to the commercial building was entering the street.
Bob Shields, of 14770 Flay Avenue North, stated that he was not opposed to the commercial building
on the property, but was concerned about the traffic being directed to Flay Avenue. Instea d, he
suggested locating the driveway onto 147th Street North and used the traffic moving in and out of
Subway as a comparison.
Frank Puleo, of 6375 165th Street North, states that he has been a customer of Premier Banks for
several years, and points to the lack of parking availability at the bank’s current location. Puleo also
states that he believes that the project supports the City’s stated goals of promoting the growth of
business and aiding existing businesses.
Shane Rooney, of 14816 Flay Avenue North, stated that he was concerned about the traffic that may
be generated by the second tenant. Rooney further stated that the drive lane being located on Flay
Avenue could be argued as promoting business at the expense of residents.
September 22, 2022 PC Minutes
Page 5
Mr. Houle responded to the public’s concerns, stating that it is difficult to find a solution that
minimizes impacts, and that it is difficult to please everyone with a project. Mr. Haller also responded
to the public’s concerns, stating that the team worked with staff to fi nd other entrance options, but
ultimately the proposed access point on Flay Avenue was the safest from a traffic engineering
standpoint.
No one else spoke.
Chair Kleissler closed the Public Hearing at 7:32 PM.
Commissioner Lessard asked about whether an entrance onto 147th Street would create issues with
pedestrian traffic using the city trail. Lessard states that he understands the concern with the entrance
on Flay Avenue, but does not see a better option. Commissioner Arcand added that an access point
onto 147th Street might make the existing traffic to and from Subway worse.
Juba adds that there is not a great option to access this site in particular, and that staff is comfortable
with the proposed location since it is best from a traffic standpoint. Juba states that Subway’s access
onto 147th Street was due to their inability to receive a permit from MnDOT to access Highway 61, and
that the current access point is not ideal.
Chair Kleissler asks about the small bend in the direction of 147 th Street and whether its straightening
has been considered. Juba states that the bend was evaluated, but the city needs to ensure that lines
are perpendicular with the other side of the intersection.
Commissioner Andress asks whether the vehicle stacking issue is of great concern, and whether an
overflow situation would be likely. Juba responds that banks have been given stacking flexibility in the
past as part of a Planned Unit Development.
Commissioner Arcand states that 3 out of the 4 corners of the intersection with Highway 61 and 147th
Street are occupied by commercial uses, and that placing a commercial use on the proposed location
would complete the intersection. Arcand also states that the design of the building is residential in
nature, creating a good transition to the neighborhood along Flay Avenue. Arcand asks about the
gateway elements that would need to be provided, and Juba states that staff will work with the
applicant on the details, including that encroachment on the Washington County Regional Rail
Authority right-of-way may be needed.
Commissioner Andress asks about the bank’s hours of operations. Mr. Houle responds that the bank
will not be open on Saturday, and highlights the shift toward digital banking meaning fewer vehicle
trips to the bank in-person.
Commissioner Arcand asks if the applicant knows who their second tenant will be, which they do not.
September 22, 2022 PC Minutes
Page 6
Chair Kleissler asks if the site will have an ATM. Mr. Houle says that they’re considering options, but
not feeling that an ATM is necessary, and that any potential AT M would be inside the building and not
standalone outside.
Commissioner Petty made a motion, seconded by Commissioner Arcand, to approve the site plan,
zoning amendment, CUP, and two variance applications for Premier Banks for the property located at
5616 147th Street North.
All ayes. Motion carried.
New Business
None
Old Business
City-Wide Bus Tour: Juba gives background on the event taking place on October 1 st. Those interested
in attending should contact City Clerk Michele Lindau to RSVP.
Adjournment
Commissioner Petty made a motion, seconded by Commissioner Lessard, to adjourn at 7:46 PM.
All ayes. Motion carried.
Respectfully Submitted,
Max Gort, Associate Planner