Planning Commission - Regular Meeting

Heat up Heat. Heat. Six planning meeting. Thank you. To order. The first item of business is the approval of the agenda. Are there any changes from staff?

There are no changes tonight. Any changes from the commissioners? Can I get a move of approval? So moved. Second. Uh that was was made by Commissioner Scanland, seconded by Commissioner Halas. All in favor say I. I. I. Oppose. Name. Motion carries. Next item of business is the approval of the consent agenda. Consent agenda are considered routine and will be enacted with a single motion without discussion unless a commissioner or citizen requests to have any items separately considered. It will then be moved to the regular agenda for consideration. Can I get a motion of approval?

So moved. Second made by comm and commissioner scan. All in favor say I. I.

I. Oppose. Name. Motion carries. That brings us to a public hearing that we do have tonight. Public hearing is Mo's Southwest Grill and that will be by Carter Hayes. So I will now open the public hearing. We will now open the public hearing for agenda item 4A. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak at this public hearing should be sure to fill out the attendance roster in the back. Include your name and your address so that accurate records can be maintained. We will begin the procedure with a brief presentation by city staff followed by a presentation by the petitioner of the hearing and upon the conclusion of the presentation city staff will be asked to comment on their proposals and policies. After that comments will be taken from the general public.

Hello Carter.

All right. Uh good evening madam chair and commissioners. So tonight's item for conditional use permit variance to operate a new class 2 restaurant which would be at Moe's Southwest Grill. Uh actions tonight are to open receive comments and close the public hearing. If there are no outstanding concerns or comments and uh staff has recommended approval of a resolution approving the conditional use permit and variance. So, for the request tonight, the applicants are proposing a MO Southwest Grill within an existing tenant space at 7668 uh 150th Street West in Sweet 301. Uh, under the city zoning code, uh, restaurant would classify as a class 2 restaurant, which requires a conditional use permit to operate in the retail business district. Uh, it also requires class 2 restaurants to maintain a 1,000 ft separation distance from residential and institutional uses. Uh so as you see the the location is approximately 80 feet from the instit in institutional use across the street which is Grace Lutheran Church uh and 275 ft to the nearest residential property across Penock Lane. So this property is located at the southeast corner of Pen Lane and 150th Street. Uh the parcel and its immediate commercial surroundings are zoned retail business. Uh and then once again there's institutional and residential further west across Penock Lane. Uh so we have an established record of granting similar variances. Uh you might remember this request uh similar to McDonald's uh last year which was allowed a 200 foot setback. Uh Popeye's in 2022 which was 494 feet and Chick-fil-A at 100. Uh furthermore, there have been similar requests uh that have been granted such as Panda Express, Burgers Bagels, Dave's, which was Dairy Queen at the time, um and Taco Bell, and those are

all near uh the site in questions tonight. Uh so, because the uh proposed restaurant is a class 2 restaurant in the RB district does require conditional use. Um conditional uses are intended to provide flexibility to meet our comp. Um, so there was initi comprehensive plan that prioritized additional dining and retail variety in the downtown area. So this proposed use would align with that goal. Uh, this also would require a 920 foot variance to the standard 1,00ation requirement. Uh so if approved once again it would uh operate 80 ft to the closest residential property. So we have uh evaluated this application against the city code. Uh we do have detailed findings supporting both the cup request and the practical diff variance. Um and those are the draft resolution. I did want to display the prepared difficult on screen. Um I won't read through these in their entirety but they do center on that it's a pre-existing building a multi-tenant building uh with established boundaries. Um strict enforcement of the 1,00 ft separation requirement is the difficulty in this scenario. Um the applicant is mitigating uh the impacts by looking at the eastern most uh suite of the building operating without a drive-thru and utilizing the existing landscaping screening on the site. Um so we do have those uh of findings uh findings of fact for the resolution in your guys' packets. So for the recommended actions tonight, as a reminder, it is the policy of the commission not to take action tonight as the hearing. Uh we have prepared a recommendation if there are no outstanding the public and the commission wishes to proceed tonight. Um I am happy to stand for any questions before you open the floor. Um or if

there are questions directly for the applicant, they're in attendance as well. Thank you. Commissioners, any questions for Carter? Commissioner Scanland. Madam Chair, u thank you uh Carter for the your um packet in close was very thorough and I appreciate hope that helps out a little trenings. Um did we get any feedback from Grace the church? No, they were within our notification distance and we have not received any and residents. Did you get any feedback to the Unless there are any tonight that have any comments or concerns, we did not receive any prior to that.

We haven't got anything up to this point. Okay. Um, one thing I noticed there was referencing to um in your recommendations the four points was I take it is the referencing landscaping which I'm assuming maybe needs um reconditioning or some changes there by referencing. Yeah, we we can reference the approved landscaping plan which I I believe the intention on site was uh some low spreading shrubs for headlight mitigation. Um so so what was consistent with the approved landscaping plan in 2020 will be evaluated again for this and they're coming back to you for that or do we have to put a statement in to cover that?

We can verify that they'll be your way you have it without saying anything additional that they'll come back to you for approval and so forth. Yeah. if it's in line with the approved plan, that is what we're that's what our intention. And um the other thing that the concerning with a class 2 restaurants is the um exhaust hood or um exhausting from the restaurant itself. Um are there anything additional we can do to mitigate that?

Yeah. So, one condition and that that is a good uh concern. One condition that we did add was having the vent hoods pointed to the east away from those institutional residential properties. Now, as the wind blows, it might, you know, go anyway, but predominantly that would be pointed away towards the east.

And then when it comes to I know when McDonald's was here recently, they were touting their unique exhaust system and how they m the cooking and so forth. Is there anything as far as um what's been specified here or anything as far as I guess the easiest way to ask it is good, better, best to especially when we're looking at variance situation like this to help mitigate that from neighboring properties. Yeah, I know it would have to meet the order and exhaust and whatnot. Uh for specifics on that, I would defer to the applicant if they have any more information on what their system would be like. Thank you very much. Absolutely.

Carter, can you tell me who was there beforehand? Uh, so that was a tobacco store. I believe it was. Okay. Um, I guess I just would like to note that I found it interesting that they don't open till 10:00 and Dunkin Donuts being open early. So, it seems like the heavy traffic won't interfere really with each other and stuff like that and not being a drive-thru. So, any other commissioners have questions for Carter? Commissioner Halas.

Yes. Um, Carter, can we do a little review of what's on that four corners there? You said that uh the church on the other side to the west and then uh that'd be to the north across the way is I think there's a uh and foods right in that area. Yep. there and a Taco Bell next to that, right?

Maybe this one shows that well. So, yeah, this blown up area here, which is kind of the immediate adjacent site, we have Panda Express, Burgers, Bagels, Dave's Hot Chicken, and Taco Bell are all within that thousand foot separate distance. Um, you know, at at their own respective varying distances. And the Denny's on the other side is is within that range also. It would be uh I believe that may classify restaurant might. All right. Very good. Thank you. Anyone else? No more questions for you. Carter with the to speak.

Hello. Good evening. Uh, Madam Chair, commissioners, um, my name is Lisa McCormack. I happen to represent the landowner. Um, but we were a co-licant with um the operator of Mo Southwest Grill, and I I thought he was going to be here tonight. When I spoke with him this morning, he said he was. Um, but I think I'm so familiar enough with the operations that I could answer any questions that you have. Maybe I'll let you answer Commissioner Scanland's question about the um, ventilation.

The ventilation. I I am aware that um because they also have a site in Woodbury and I know you know as you're aware there's a state mechanical code that they have to follow and I know there was something about use um the particulate or the particles or whatever but I know um they satisfied Woodberry's requirements and he didn't because I remember him talking about that anticipate there being a problem. Okay. Thank you. That's about the extent I know. I'm sorry if that didn't answer your question. Any other commissioners have questions for the applicant? Um, the hours you said start at 10:00 a.m. That's correct. Until what time? 11:00 p.m.

Okay. Focus more on afternoon and evening. Okay. Anything else? Too hard. Very much. Thank you. So if there's no other questions time I would say please come to the podium for the citiz and all comments and questions to chair. I'll wait till you get I'll wait till you get to the mic. That's okay.

Pat Peterson. I live on fireside. Uh, I know I went to um a city council meeting cuz my concern, not with the ventilation, but uh or the smells because we all love food, but um it's the parking. This is a restaurant sit down and it's a very small parking space in front of the tobacco shop. And if they're going to use the parking over by Savers, then they're actually crossing a fairly busy drive through the parking lot there. And we've already had the issue at Aldi's with uh people trying to walk across a very an entrance into a shopping mall. So, my first concern would be the parking and crossing that um drive-thru into Yeah, I understand. I I don't know what you're thinking of the word either, but I know

right the entrance thing I see parking spaces or that addressed here. And the second thing is um because we are on Penock uh and over time uh because we've been there since you know the '9s that um putting the apartments down at by Whitney and Penock added more traffic down Penock and of course Walmart added a little more traffic on Penock and then Aldi's came in there and then on Cedar Avenue you stop the lefthand turn at the transit station. So all of those apartments and town homes and everything over by Cedar Park Elementary, they are all now coming, which with the Aldi situation that we've all gone through has shown that that much traffic, unless you're really careful of what you're doing, causes problems, causes accidents. Uh so fake flow and and parking is a concerns of mine. I don't know if they can be addressed tonight by whoever knows that

can probably ask. Yeah. Okay.

Was there any any other points that you wanted to make? Um, no. The 11:00 at night again, traffic, uh, we're close enough that we hear the, you know, it's going down Cedar Avenue, which is bad enough, but, um, yeah, I'm a little concerned with clock at night. Does anybody know how late any of the other food places, Popeye's, Arby's, Chipotle, how late? Well, I do know that Kes is open quite late because there's always a backup line there, too. And I not by a residential area. I believe with the when you talk about the Apple Valley Circle, you know, where the red post lights are and the fences, good stuff. I think we're the only residential area up against that circle. Okay.

So, I mean, that affects us a lot. Okay,

Carter, would you like to go through the parking probably?

Yes, certainly. I had that written down. So, this um particular restaurant, they're proposing 36 indoor seats. Um so that would equal to 12 that they're required are 35 spaces on site at this property. Um so with the existing uses with this new use added it would uh require 26 spaces so they're within their required. And as far as um how late or whatever would the applicant like to or should we have the city engineer come in with traffic have do we have any answers for that

madam chair if the like since they're staying in there we could start with that I'm sorry to I was talking in pass. Can you repeat that, please? Madam Chair, if the applicant would like to start with the working hours since she's at the podium. Sure. Go ahead.

Yeah, good evening. Elisa McCormack again. Um, I can speak to I know the other businesses in the center. Um, I believe Duncan is only open till like 8:00 or 9 and is less than that, I think. So, um there for this to be open until 11, there wouldn't be any much other parking and most of the um the use for Duncan, it goes through the drive-thru. So, they don't have that much of a parking need. So, we we feel that there's and you're not coming in directly off of Penock. It comes in on a private road. Um, I appreciate and and think it I mean I can understand why she voiced her concern. Um, we did look at that and and I believe that um Carter had even added additional parkments. Before we we were only required 19, we have five. So I think we have ample parking. Um, other that if there's specific questions about the hours, I'd be happy to try to address them, but as I said, I I don't uh represent the applicant. So,

and I could be wrong, but usually at night or 11 o'clock at night, they're going through a drive-thru. They don't want a So, I don't see a lot of traffic at that point probably. Yeah. And I I would doubt if they're open till 11. I wouldn't think that they would serve, you know, like if they stopped like serving like at 10 o'clock or something like that, too. So, okay. Thank you. Would be less. You're very welcome. Go ahead, Madam Chair and Commissioners. I'm just having Brianna U

just a of the property. Uh this this will work for you might have to um gonna squint or hold your glasses closer to the screen for this one, but um if you if you recall um and this was before before me, but if you recall when this property was redeveloped as as Duncan, um it came before the planning commission probably three or four times, you know, a handful of times. We worked through the iterations. There was a lot of concern at the time directed towards the drive-thru efforts and how site circulation would work. So, um, specific to the flow of the the the quadrant here, um, the city at that time did do kind of a a deep dive look at the traffic impact of a potential development here. And if you recall from some of our recent conversations or recent applicants, um, we always look at kind of worst case scenario or what what the what the highest use could be of a center at the time. So our our stance as engineering on this is that you know while we had the tobacco there previously and that probably had a lesser traffic demand than the peak hour of a restaurant uh we're still confident that um that the the traffic will be not a concern to where we would ask for mitigation from the applicant. Um this does factor in as well the the seat component that Carter mentioned. So when we look at the square footage of restaurant could be used, that kind of plays in. It's all connected as to how much traffic we're modeling for uh for any given building or property. Um additionally um the um public brought up a few concerns about adjacent properties and impacts to Penoch. Um those are noted. We are um we are looking at Peno Lane, especially with adjacent reconstruction and potentially upcoming work specific to Penock. That'll be

separate from obviously this application, what we can do to help um get neighbors uh kind of in and out of the neighborhood without impacting those folks that live right up against Penock. Thank you. Appreciate it. Thank you. Sure.

Thank you. If I may just address one other point, she had brought up the concern about pedestrian safety and I point out that um up in the northeast corner, probably about a little over midway halfway to the north of the site, there is a crosswalk from the sidewalk um where pedestrians could enter through the crosswalk out of the sidewalk um without having to come in through the front. So I just wanted to offer that because that uh concern was brought up.

Sure. Thank you. Are there any other who would like to speak? No others anything. Okay. So if there are no further comments, I will close this public hearing. It is the policy of the planning commission not to act on an item on the same night as its public hearing. The planning commission will weigh all comments and information received tonight in its deliberations at future meetings. This item will continue to appear on future planning commission agendas until a recommendation on the petition can be forwarded to the city council. Where do we like to stand on this? Commissioners, anybody like to recommend an approval?

Do you have um your recommendations that you can bring up on the screen? You have your recommendations? Yeah, that would be at the bottom or recommendations in the recommended motion. Yes. Yeah, that'll be at the bottom of the screen there. Madame Chair, I'll recommend of of a conditional use permit and variance to operate a class 2 restaurant in the RB retail business district and attached conditions. I'd second. I'm sorry, who seconded? I second.

You did. Uh motion made by Commissioner Scanland, seconded by Commissioner Hass. Are there any comments or concerns? If all in approval say yay. I just went blank. Yay. Say I. I. And oppose. Nay. This motion was carried. Thank you, Carter. Thank you guys.

Yay. why I have my cheat guards. Okay, that brings us to number five, land use action items. And it looks like there is none tonight. So, we'll go to other business. And looks like Tim isn't here, so we'll have Terry. Thank you. Uh, so the next upcoming planning commission meeting is April 15th. And then the following after that is May 6th. Um, upcoming city council meetings are April 9th and then April 29th. And then just one other item I wanted to point out that on Saturday, April 11th is the um home and garden expo. It will be at um Eastville High School from uh 9 to 3 p.m.

Yep. That's always a good turnout. Thank you, Terry. Did I get a motion to adjurnn? Second. Motion made by Commissioner Scalin, second by Commissioner. All in favor say I. I. Meeting has returned.