CITY OF WACONIA
PLANNING COMMISSION AGENDA
Regular Meeting of Thursday, March 4th, 2021
Planning Commission City Hall – 6:30 PM
Waconia, Minnesota
VIA ZOOM (see log in information below)
MEMBERS: Robert Grohmann, Jim Sarcletti, Dan Lesher, Mike Sherman, Tina Zellman ALTERNATE MEMBER: J.D. Ludford
CITY COUNCIL MEMBER LIAISON: Carl Pierson STAFF: Lane Braaten, Community Development Director
Brenda Stein, Recording Secretary Ethan Nelson, Assistant Planner
Please note that, pursuant to the authority provided by Minn. Stat. Sec. 13D.021, subd. 1(1), the City Administrator and the City Attorney have determined that in-person meetings of the City Planning Commission are not practical or prudent due to the COVID-19 public health pandemic and the declared national, state, and local emergencies. Further, the City Administrator and the City Attorney have determined that it is not feasible nor practical or prudent due to the health pandemic to have members of the public, city staff, or members of the Planning Commission in attendance at the regular meeting location. Meetings of the Planning Commission will be conducted by electronic or telephone means. Under Minn. Stat. Sec. 13D.021, subd. 3, to the extent practical and possible, the public may monitor the meeting electronically via the two options below:
Cable Channel 8
Meeting Link: https://us02web.zoom.us/j/82468766671
Webinar ID: 824 6876 6671
1. Call meeting to order and roll call 2. Adopt Agenda
3. Minutes Approval from February 4th, 2021 – Pages 1-9
4. New Business
A. PUBLIC HEARING – Variance by Double Seven Development and Continuation of Site
Plan and Design Review for the property located at 10610 10th Street West. Pages 10-21
5. Other
A. 2020 Land Use Summary B. Staff Update
WACONIA PLANNING COMMISSION THURSDAY February 4, 2021
Pursuant to due call and notice thereof, a regular meeting of the Waconia Planning Commission was called to order by Chairperson Sherman at 6:30 p.m. The meeting was held via Zoom due to the COVID-19 pandemic.
CALL MEETING TO ORDER.
MEMBERS PRESENT: Sherman, Zellman, Sarcletti, Ludford
MEMBERS ABSENT: Grohmann and Lesher
ALTERNATE: Ludford
STAFF PRESENT: Braaten, Nelson, Stein
VISITORS: See attached sheet
CITY COUNCIL LIAISON: Pierson
Braaten indicated one change to the agenda. Item B, Public Hearing for a variance request by Ryan Seifert for the property located at 309 Elm Street South to be removed from the agenda.
2. ADOPT AGENDA: MOTION BY LUDFORD, SECOND BY SARCLETTI TO
APPROVE THE AGENDA AS PRESENTED. ALL PRESENT VOTED AYE. MOTION CARRIED.
3. ADOPT MINUTES: MOTION BY LUDFORD, SECOND SARCLETTI TO APPROVE
THE MINUTES FROM JANUARY 7, 2020. ALL PRESENT VOTED AYE. MOTION CARRIED.
4. NEW BUSINESS:
A. PUBLIC HEARING – CONDITIONAL USE PERMIT BY BRIANNA LOVETT FOR THE PROPERTY LOCATED AT 9460 COUNTY ROAD 10 EAST.
Brianna Lovett, the applicant, has submitted a Conditional Use Permit application to allow a garden center use on the parcel located at 9460 County Road 10 East. The property is in the south eastern portion of the city. The existing owners are Randy and Avis Hammer of Willow Winds Gardens.
Braaten shared the property location of 9460 County Road 10 on the map explaining
the surroundings neighboring properties which includes the Interlaken 8th Addition
residential development.
Braaten summarized the site plan and explained the conditional use permit requirements stated in City Code.
No public comments have been received.
Sherman asked for clarification on what was to be accomplished at this Public Hearing. The existing IUP will expire April 30, 2025 for Willow Winds and the IUP
allow her to continue the use and would allow said use to remain as long as the conditions of approval are met. The Planning Commission should review the general requirements and findings, before a CUP can be issued.
Sherman asked about the process for adding future buildings to the property. Braaten stated that the future improvements to the property are not included in this application and that future expansion would require an amendment to the CUP.
Brianna Lovett, applicant for the CUP at 9460 County Road 10. Comments and Concerns:
Lovett mentioned that they would request to be open year around with the chance of hosting evening classes which would last until 9:00pm.
Lovett will be doing a lot more container gardening.
Concerns with the lighting. Lovett goals are to increase the curb appeal of the property.
Lovett is asking for extension of the black top deadline. Braaten stated the following business hours were proposed:
Hours of operation request: Monday-Saturday 8:00 am-7:00 pm
Sunday 8:00 am-5:00 pm
Classes may go until 9:00 pm. The facility to be open year-round.
Sarcletti inquired about the schedule and hours of deliveries as delivery trucks and semi-trucks coming in and out of the property could be disruptive to the neighboring residential properties. Lovett stated she has some vendors delivering after hours but could be flexible with changing delivery times.
Lovett mentioned they would like permission to continue to use the well water for the plants but understood that they will be required to hook up to City Water and Sewer. Lovett had concerns with the three-year timeline for connection to City Services. She asked if the three-year timeline could be extended.
Conversation followed regarding the requirement to pave the existing gravel parking lot. Ludford commented that if there are no homes being built around this parcel maybe the paving of the parking lot could wait. Lovett stated that the existing surface is crushed gravel and does not create a lot of dust along with the tree line helping with dust control.
Zellman wondered if additional landscaping should be required for privacy of the neighboring property owners.
Sherman asked Lovett to explain how gatherings such as food trucks, events, grand openings, classes, and family activities at this location would work. Lovett explained that these events would take place during business hours and should not be a problem. SHERMAN OPENED THE PUBLIC HEARING.
Braaten explained the process on how to identify and speak during the virtual public hearing.
Willow Winds, Avis and Randy Hammer, 9460 County Road 10 East, Waconia, MN Comments and Concerns:
Designed the parking lot so that semi-trucks can turn around and built the driveway so that the neighbors would not worry about dust.
Randy Hammer- appreciate the time and effort put into this project.
MOTION BY LUDFORD SECOND BY SARCLETTI TO CLOSE THE PUBLIC HEARING. ALL PRESENT VOTED AYE. MOTION CARRIED.
Discussion took place regarding surfacing the parking lot and driveway versus leaving it as it. Braaten indicated that if the Commission would want to change the timing of the paved surface from 5 years to 7 years, that could be apart of conditions of approval, but the City Code requires all parking surfaces to be improved to concrete or bituminous.
Lovett mentioned that every year companies are coming up with environmentally safe ways to hard surface areas. Hopefully by then there may be an option that works best for not only the city, but the property.
MOTION BY LUDFORD, SECOND BY ZELLMAN TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BY BRIANNA LOVETT FOR THE PROPERTY LOCATED AT 9460 COUNTY ROAD 10 EAST WITH THE RECOMMENDED CONDITIONS OF APPROVAL. ALL IN FAVOR VOTED AYE. MOTION CARRIED.
This item will be reviewed by the City Council on February 16, 2021.
B. PUBLIC HEARING – VARIANCE REQUEST BY RYAN KOSTECKA FOR THE PROPERTY LOCATED AT 1018 MEADOW LANE.
Nelson presented a Variance request for the applicants, Ryan and Jessica Kostecka, 1018 Meadow Lane, which requested approval to construct a shed in the rear yard of the property within the rear yard and side yard setbacks.
Nelson described the setback requirements in terms of what the Kostecka are presenting. A map of their property was presented showing the location of the proposed shed. Nelson went through the site survey explaining the location of the Linden tree, the easement area, the dimensions of the shed and the proposed location. Ludford wondered about putting the shed up on blocks and if that would then not be considered a temporary structure/non-permanent. Nelson answered by stating that if the structure is there for a certain amount of time its considered permanent.
Sarcletti asked about the slope of the property and if there is any consideration to place the shed in other locations. Additionally, Sarcletti asked about the Linden Tree and if that falls into the category of unique. Stating that if the Linden tree were removed, the variance would not be needed.
Ryan and Jennifer Kostecka, 1018 Meadow Lane, Waconia, MN 55387 Comments and Concerns:
Sherman mentioned the error in the packet having the incorrect name Jessica Kostecka and should be Jennifer Kostecka.
Jennifer talked about the slope in the yard, an existing play structure, and additional trees that make it difficult to have the shed in other locations of the yard. The Public 3
Services Director visited the property stating that it would be sufficient to have a 4-foot setback between the property line and the shed.
SHERMAN OPENED THE PUBLIC HEARING. No additional comments.
MOTION BY LUDFORD, SECOND BY SARCLETTI TO CLOSE THE PUBLIC HEARING. ALL PRESENT VOTED AYE. MOTION CARRIED.
Ludford commented on the variance criteria and indicated that the application appeared to meet the requirements.
Sherman did not agree that the variance fits the criteria as there are not any unique circumstances related to the property. Sarcletti agreed with Sherman’s comments. MOTION BY LUDFORD TO APPROVE THE SHED VARIANCE REQUEST BY RYAN AND JENNIFER KOSTECKA FOR THE PROPERTY LOCATED AT 1018 MEADOW LANE. MOTION FAILED DUE TO LACK OF A SECOND.
MOTION BY SHERMAN, SECOND BY SARCLETTI TO DENY THE SHED VARIANCE REQUEST FOR RYAN AND JENNIFER KOSTECKA. MOTION TO DENY PASSES WITH A 3-1 VOTE WITH LUDFORD VOTING “NAY”.
MOTION CARRIED.
This item will be reviewed by the City Council on February 16, 2021.
C. PUBLIC HEARING – COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTIES LOCATED AT 11585 AND 11725 HIGHWAY 5.
Braaten presented the Comprehensive Plan Amendment for PID# 09271400 & 09270200. The City of Waconia 2040 Comprehensive Plan currently guides the subject parcels as Low and Medium Density Residential. The proposed
comprehensive plan amendment is a procedural issue required by the Metropolitan Council and there are no substantial changes to the 2040 Plan. The amendment is required to show the change in the boundary of the City and that the desired land use is now the official guidance for the subject properties. Braaten described this as a boundary line adjustment. The properties were annexed into the City and platted as Orchard Park in 2020. The Comprehensive Plan was updated last year, and the Met Council requires the City to work through a Comp Plan Amendment each time a property located in Waconia township is annexed in the City Limits. The City has an orderly annexation with Lake township which gives us the planning authority to designate those areas for certain types of growth before they come into the City. SHERMAN OPENED THE PUBLIC HEARING.
No Comments.
MOTION BY ZELLMAN, SECOND BY LUDFORD TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR VOTED AYE. MOTION CARRIED.
MOTION BY SARCLETTI, SECOND BY ZELLMAN TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTIES LOCATED
AT 11585 AND 11725 HIGHWAY 5. ALL IN FAVOR VOTED AYE. MOTION CARRIED.
D. SITE PLAN AND DESIGN REVIEW SUBMITTED BY DOUBLE SEVEN DEVELOPMENT FOR THE PROPERTY LOCATED AT 10610 10TH STREET
WEST.
The Site Plan and Design Review application was submitted by Double Seven
Development for the property located at10610 10th Street West. The property is
currently undeveloped and was platted in 2016 as part of the Hilgers and Tenth Street Plat. The odd shape of the parcel is a result of the realignment of 10th Street West,
which previously intersected with Hwy. 5 and now intersects at the stop light at County Road 10.
Braaten displayed the location of the parcel on the map and indicated that to the west was Aldi and to the east was Subway.
The applicant is proposing two vehicular access points onto 10th Street West. Due to
the shape of the parcel the applicant is proposing an entrance and an exit access to help vehicular circulation. The accesses have been reviewed by the City Engineer and is recommending approval as proposed.
The structure setbacks, building height, and hardcover surface requirements have been satisfied based on a review of the Site Plan.
The off-street parking requirements stated for fast food establishment, drive-in
restaurant are as follows: One (1) space for each 35 square feet of gross floor area and an additional two (2) parking spaces shall be added for drive through service
facilities. The dining area square footage is 987 square feet, and the business will have drive through facilities, therefore the City Code would require a total of 31 parking spaces for the proposed use. The Site Plan is showing 34 parking spaces to be provided, which conforms to City Code requirements.
City Code requires that the applicant plant the required 29 trees on site. Staff has included a condition of approval requiring the landscape plan be updated to include the remaining three (3) trees. If the trees are not included, and cannot be planted on site, the applicant would need to request a variance from the City’s landscaping regulations.
Braaten noted that staff has included a condition of approval indicating that a sign permit is necessary for any future signage and that all signage shall conform to Section 900.10 of the City Code. The applicant has proposed both wall signage and a monument sign for the project. The applicant is proposing three wall signs on three different facades. City Ordinance states “Three (3) Wall Signs located on separate building faces, one (1) covering a maximum of 10% of the building face on which it is located and each of the other two (2) covering a maximum of 5% of the building face on which it is located” shall be allowed for properties zoned B-1, Highway Business District.
The lighting plan will be revised to meet the one-foot candle requirement. Staff has included a condition of approval requiring said revision.
The plans identify a sidewalk accessing the property from the Subway property to the
require written agreement between the two parties. Staff has included a condition of approval requiring the applicant submit a written agreement between the Subway property owners and the Dairy Queen site that will allow installation and maintenance of a permanent sidewalk access.
The trash enclosure is in the southwest corner of the property. The plans indicate the structure will be faced with the same EIFS material proposed on the principal structure and therefore conforms to City Code requirements.
The City Engineer and Public Services Director have conducted an initial review of the grading, drainage, and utilities. Any recommendation by the Planning
Commission should include a condition requiring the applicant to work with the City Engineer to revise the utility and grading information to the satisfaction of the City prior to any work commencing on site. Additionally, staff recommendations a condition of approval requiring connection to the storm water reuse system.
Ludford asked for clarification about the power line that goes through the property. Sherman mentioned a landscaping strip to be a good option for this location. Conversation followed regarding the Design Standards element to the Site Plan Review. Braaten indicated that the application met most of the design standards, but there were a few that required further consideration and conversation by the
Commission. The building materials generally consist of metal panels and EFIS material. The design standards restrict metal/metal panels except for an accent material. Braaten stated that the metal materials are over the allowed 15% façade percentage and if they want to get approval as presented it would require a variance. The Planning Commission could include a condition of approval requiring the design to be modified to fit the 15% requirement. Conversations followed regarding the metal tower feature and options to either modify the design plan or to ask for a variance.
Braaten explained the ordinance regarding side and rear treatments needing to be the same or similar. Commission members had discussions about the exterior façade and treatments, color of the buildings.
Commissioners reviewed the elevations and asked for clarification regarding which areas were identified as metal and which were intended to be EIFS material.
Discussion followed.
Sarcletti asked about the standard color to be aesthetically pleasing and compatible with surrounding buildings. Commented that the proposed design appeared to be consistent with the neighboring commercial properties. Conversation followed regarding the rear side of the building and consistency in design with the front and side elements.
Sherman mentioned EFIS on the trash enclosure with that being expectable as a finished surface. Braaten stated that it is conforming. Sherman’s thoughts were that EFIS is so easy to damage.
Sherman addressed a bike rack because of the amount of foot traffic in this area. Braaten indicated that a bike rack is required by City Code and a condition of approval was recommended to require said improvement.
Janet Smith, the Applicant Comments and Concerns:
Several challenges with this odd, shaped lot for placement of a building, the entrances, elevations, and parking.
Braaten summarized the comments and concerns stated by the Commission members: -EFIS trash enclosure material. Commission members thought perhaps, brick, block or treated wood. Smith offered to work with Braaten to determine a product that would be more durable.
-Pedestrian access.
-Rear treatment of the building. Smith thought to wrap the darker colored EFIS material for added character. Braaten mentioned to add a recommendation that the architect work with staff to come up with a way to break up façade and add more continuity to the rear elevations.
- Smith stated that she would work with corporate to reduce the amount of metal other than the red piers. Commission members stated the concern is with the rear elevations. Smith will come back with a new set of plans for next month Planning Commission meeting.
-Landscaping buffers –additional shrubs and plantings in the island between the building and Highway 5 also between the island and exit.
MOTION BY SARCLETTI, SECOND BY LUDFORD TO CONTINUE THE SITE PLAN AND DESIGN REVIEW APPLICATION SUBMITTED BY DOUBLE
SEVEN DEVELOPMENT FOR THE PROPERTY LOCATED AT 10610 10TH
STREET WEST TO THE MARCH 4TH, 2021 PLANNING COMMISSION
MEETING. ALL IN FAVOR VOTED AYE. MOTION CARRIED.
5. OLD BUSINESS:
A. VARIANCE INFOMAION REVIEW – 271 FAIR CIRCLE.
Nelson presented an update of the variance request for 271 Fair Circle, Waconia, MN. Nelson provided a timeline of previous review dates and applications
associated with the property. On September 3rd, 2020 the Planning Commission
reviewed the initial variance request and recommended denial. The initial request included a request to allow a porch addition to be constructed at a setback of 22.5 ft from the rear yard setback and to exceed the maximum impervious surface allowed in the R-1, Single Family District, and the Shoreland Overlay District. This application was ultimately withdrawn and not reviewed by the City Council.
On December 3rd, 2020, the Planning Commission recommended denial of the
applicants second request, which proposed only a deck addition to be constructed at a setback of 22.5 ft from the rear yard setback from the rear lot line versus the 30 ft. minimum required in the R-1 Single-Family Residential District.
Nelson presented the property location of 271 Fair Circle on the map to remind the Commissioners of the location of the subject property.
Nelson stated that the Council had requested the Planning Commission review the additional information submitted by the property owner’s builder. Nelson then provided three options to the Commission:
-Direct staff to inform the City Council that the recommendation of denial remains the formal recommendation of the Commission.
-Provide additional informal feedback to the City Council based on the additional information.
-Make a motion to provide an updated recommendation to the City Council.
Ludford asked if the deck is considered a permanent structure. Nelson answered by stating that all decks are considered permanent structures.
Ludford mentioned section 900.05, stating that permitted accessory uses are listed as gazebo’s, decks, private garages, and utility buildings. Braaten commented that there is a differentiation between accessory uses and accessory structures. Decks connected to the principal structure are part of the principal structure and are required to meet those setbacks.
Dale Willenbring- 1536 Beachcomber, Waconia, MN Comments and Concerns:
As a builder he felt confused with the deck building process in the City of Waconia.
Comments on the odd shaped lot. Willenbring went through the criteria and feels it applies.
Willenbring mentioned that the neighbors are okay with the proposed deck plan. Lori Goldman- 271 Fair Circle, Waconia, MN
Comments and Concerns:
Goldman stated they just want a deck on the back of their home. Since it is just the corner of the deck, they are hoping for some consideration to approve. Expressed appreciation for all the effort put into evaluating this situation. The Commissioners reviewed all of the information and after some discussion, unanimously recommended that the previous recommendation of denial stand as the formal recommendation of the Planning Commission.
5. OTHER:
A. STAFF UPDATE.
Comp Plan amendment for 9550 Airport Road was approved by the City Council.
The demo permit for the two homes on 2nd street have been taken down in
anticipation of the 8-unit apartment building to be constructed.
Annexation petition submitted by Tamarack Land Development for the Burandt Property.
Annexation petition submitted by the Siegle family for the property located southwest of the intersection of Hwy. 284 and Sparrow Road.
Orchard Park located in the SW corner of the City has submitted their final plat application.
Still nothing happening at the UFC.
Sherman asked about the 15% metal accent requirement, his thoughts are to open this topic up to further discussion to change the requirement. Braaten stated that this could be added to a future work session for discussion.
March meeting will remain in Zoom format.
Ludford asked about the timeline on Highway 5. Braaten stated this project may be pushed out to 2025 but will check on the timing. 8
THERE BEING NO FURTHER BUSINESS, MOTION BY LUDFORD TO ADJOURN AT 9:00 PM, SECOND BY SARCLETTI. ALL PRESENT VOTED AYE. MOTION CARRIED.
Respectfully submitted,
Brenda Stein
Recording Secretary
REQUEST FOR PLANNING COMMISSION ACTION
Meeting Date: March 4th, 2021
Item Name: CONTINUED - Site Plan, Design Review and Variance Applications submitted by Double Seven Development for the property located at 10610 10th Street West
Originating Department: Community Development
Presented by: Lane L. Braaten, Community Development Director
Previous Action (if any):
RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Open Public Hearing.
Motion to close the Public Hearing.
Recommend approval/denial of the Site Plan, Design Review and Variance requests to allow the
construction of a 2,604 sq. ft. Dairy Queen Grill & Chill at the property located at 10610 10th Street West.
EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.)
The Planning Commission, at their regular meeting on February 4th, 2021, reviewed the Site Plan submitted by
Double Seven Development and continued the conversation until March 4th to allow the applicant time to submit a
variance application for the proposed metal material proposed on the exterior. The proposed metal exceeds the requirements stated in the Architectural Design Standards for the Highway District and therefore requires consideration of a variance.
Additionally, in response to the comments and proposed conditions discussed by staff and the Planning
Commission at the February 4th meeting, the following revisions have been included in the updated plan set. As
such, staff has revised the recommended conditions of approval to reflect the updates made by the applicant. Please
review the February 4th, 2021 Planning Commission packet materials for specifics related to the application. Staff
has only provided the updated plan and comments regarding the revised elements in this report.
VARIANCE REQUEST:
In addition to the initial Site Plan and Design Review applications the City has received a Variance application to exceed the 15% façade maximum allowed in the current Highway District Design Standards for a metal accent material.
SITE PLAN REVIEW
City Ordinance requires Site Plan Review “in order to further promote the safe and efficient use of land and to
further enhance the value of property in the City.” City Ordinance requires Site Plan Review for any construction
for which a building permit is required, except for construction of detached, single-family residential structures or structures accessory thereto.
LANDSCAPING
City Code requires that the applicant plant the required 29 trees on site. The previous application included only 26 ant the plan has been updated to include the required trees. The proposed plan is in conformance with this section of the City Code.
LIGHTING
Section 900.08, Subd. 1.C provides standards for exterior lighting. The revised Lighting Plan drafted by Cree Lighting, dated 2/16/2021 is in conformance with City Code requirement standards.
City Code states “Exterior lighting shall be designed and arranged to limit direct illumination and glare in any
contiguous parcel of land. Reflected glare or spill light shall not exceed five tenths (0.5) foot candle when the source of light abuts any residential or public use parcel or one (1.0) foot candle when the source of light abuts any commercial or industrial parcel or any public right-of-way…”
Additionally, “Light poles or standards for exterior lighting shall not exceed a height of 35 feet…”
DESIGN REVIEW – HIGHWAY DISTRICT
City Ordinance requires Design Review with the understanding that “the visual character and historic resources of
the City are important attributes of its quality of life.” City Ordinance requires Design Review to be conducted as
part of the Site Plan Review process.
Based on a review of the revised plan set provided by the applicant for the Dairy Queen Grill and Chill staff finds that the majority of the design requirements stated in the Highway Design District meet City standards. Further, stated below you will find the sections of the design review which require consideration and/or further review by the Planning Commission and City Council.
BUILDING MATERIALS
Objective: To ensure that high-quality, authentic materials that evoke traditional downtown settings are used in
new commercial development.
Standard: Buildings should be constructed of high-quality materials such as brick, stone or textured, cast stone or
tinted masonry units. The following materials are prohibited: 1. Unadorned plain or painted concrete block
2. Tilt-up concrete panels
3. Pre-fabricated steel or sheet metal panels 4. Reflective glass
5. Aluminum, vinyl, fiberglass, asphalt or fiberboard siding 6. Wood siding
Accent materials may be used on up to 15% of the building's façade. These may include metal, glass block, spandrel glass or similar materials as approved by the Planning Commission.
Other Materials: The Planning Commission may also approve other materials that the Planning Commission, in
its discretion, determines are compatible with any permitted materials if it finds that: 1) the quality and appearance of the proposed materials is consistent with the standard that has been set within the Highway District; and 2) the use of these materials will not have a detrimental effect upon adjacent property values or property values within the City.
Design Consideration: The Planning Commission initially reviewed the proposed materials on February 4th. The
façade materials as proposed exceed the use of metal as an accent material on two of the façades, which requires the review and approval of a variance to allow the materials as proposed. Specifically, the applicant is requesting a variance to allow 34% of the front elevation and 17% of the drive-thru elevation to be faced with a mix of metal panels and metal eyebrows. Staff has included the variance criteria below for review and consideration.
SIDE AND REAR TREATMENTS
Objective: To ensure continuity of materials and façade treatments on all visible façades.
Standard: All building façades visible from a public street or walkway shall employ materials and design features
similar to those of the front façade.
Design Consideration: The Planning Commission requested the applicant revise the rear elevation to be more
consistent with the other facades. An updated elevation has been attached for review, which appears to meet this design standard requirement.
PARKING LOT LANDSCAPING
Objective: To soften the appearance of parking lots when viewed from an abutting street or sidewalk.
Standard: All parking areas (including drive-through facilities) fronting public streets or sidewalks shall provide:
1) A landscaped yard at least 5 feet wide along the public street or sidewalk.
2) Screening consisting of either a masonry wall, fence, berm or hedge or combination that forms a screen a minimum of 3 feet in height, a maximum of 4-1/2 feet in height, and not less than 50 percent opaque. 3) One tree shall be provided for each 25 linear feet of parking lot frontage on a public street or
accessway.
Design Consideration: The applicant has provided additional landscaping in response to the conversation
regarding #2 above. The revised landscape plan includes additional landscape plantings between the drive-thru
lane and the Hwy. 5 right-of-way and additional plantings between the proposed parking lot and 10th Street. It
appears that the proposed plan is now in conformance with this standard.
VARIANCE REVIEW CRITERIA:
Waconia City Code Section 900.12, Subd. 4 and Minnesota State Statue 462.357, Subd. 6 establishes criteria to be considered when contemplating the issuance of a Variance in terms of “practical difficulty” as follows: “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the Variance are consistent with the Comprehensive Plan.” So a City evaluating a Variance application should make findings as to:
1. Is the Variance in harmony with the purposes and intent of the ordinance? 2. Is the Variance consistent with the Comprehensive Plan?
3. Does the proposal put the property to use in a reasonable manner?
4. Are there unique circumstances to the property not created by the landowner? 5. Will the Variance, if granted, alter the essential character of the locality?
State Statute specifically notes that economic considerations alone cannot create a practical difficulty. Whereas, practical difficulties exist only when the three statutory factors are met (1. Reasonableness, 2. Uniqueness, and 3. Essential character).
PUBLIC NOTICE/COMMENT
The notice was published in the WACONIA PATRIOT on February 18th, 2021 and posted at Waconia City Hall.
Individual notices were mailed to all property owners within 350 feet of the subject parcel. There have been no public hearing comments received to date.
CONCLUSION / RECOMMENDATION
The Planning Commission should review the pertinent information, hold a public hearing, and make a
recommendation to the City Council regarding the proposed Dairy Queen Site Plan, Design Review and Variance
applications for the property located at 10610 10th Street West. Upon a recommendation this item will be forwarded
to the City Council for review at their upcoming meeting scheduled for March 15th.
If the Planning Commission chooses to recommend approval of the afore-mentioned land use applications, staff would recommend the approvals with the following conditions:
1. The Dairy Queen Site Plan shall be completed as approved and as conditionally revised by the Planning Commission and the City Council.
2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction.
3. The applicant shall obtain Carver County Watershed Management Organization (CCWMO) approval and permitting for erosion control and stormwater management. A copy of any approvals or permits shall be submitted prior to any land disturbing activities.
4. The applicant shall provide the City with a letter of credit to guarantee the proper installation and growth of the approved landscape plan. The letter of credit shall be submitted by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed. The letter of credit shall be held by the City and must cover one full calendar year subsequent to the installation of said landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan.
5. The applicant shall obtain a MNDOT permit for work within the T.H. 5 right-of-way, if work within this area is necessary. A copy of said permit shall be submitted prior to the issuance of a building permit for the site.
6. The applicant shall provide a copy of a written agreement and/or easement allowing the sidewalk connection indicated on the plan set. The property owners of the Dairy Queen property and the Subway property shall execute an agreement allowing the perpetual placement and maintenance of a sidewalk extension serving the Dairy Queen property. If the agreement is not executed the applicant will be required to modify the site plan to include an alternate pedestrian access that is consistent with City Code
requirements.
7. A sign permit shall be required for all outdoor wall signage and monument signage. All signage shall conform to Section 900.10 of the City Code.
8. The subject parcel is located in the 10th Street Regional Pond Reuse System area and shall be required to
connect to said reuse irrigation systems subject to City Code section 415 and the review and approval of the Public Services Director.
9. Drainage and Utility easements should be provided to cover all water main used for fire protection. 10. A grading inspection shall be completed prior to the installation of the irrigation system and the topsoil. 11. Record drawings must be submitted upon completion of the project. Two hard copies and an electronic
copy are required.
12. The watermain, sanitary sewer, grading, and stormwater issues shall be resolved to the satisfaction of the City Engineer and Public Services Director prior to the issuance of the building permit for the development. 13. Final fire hydrant placement required fire access and other improvements required per the Fire Code shall
be coordinated with the City Fire Chief/Public Services Director prior to building permit issuance.
14. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed.
ATTACHMENTS:
Attachment 1: Location Map (1 page)
Attachment 2: Project/Variance Narrative (1 page) Attachment 3: Public Hearing Notice (1 page) Attachment 4: Exterior Elevations – A3.1 (1 page)
Attachment 5: Exterior Elevation Keynotes – materials list (1 page) Attachment 6: Site Plan – C-3 (1 page)
Attachment 7: Landscape Plan – LA-1 (1 page) Attachment 8: Lighting Plan (1 page)
LOCATION MAP— 10610 10TH STREET WEST
Waconia - DQ
Building Material
Variance Request
We are proposing to construct a Dairy Queen Grill & Chill Restaurant located at
10610 10
thSt W. It’s our understanding that the majority of the design
requirements stated in the Highway Design District meet City standards.
However, our design includes some metal accents that exceed the current code
allowance of up to 15% of the building facade on two of the four elevations. This
is in large part due to the tower element which is constructed of dark red alpolic
(metal). This tower hosts our DQ Logo which is important for our brand identity.
The tower also anchors the building storefront which provides a warm inviting
experience for those deciding to come to our restaurant. These design elements
are unique to Dairy Queen and differentiate us. Our prototype building
materials are high quality, authentic materials. Our colors are aesthetically
pleasing and compatible with the surrounding buildings. We believe the look and
feel of the overall building design is in harmony with the intent of this ordinance
and consistent with the Comprehensive Plan. We have provided a site plan and
design that utilizes the unique shape of the parcel and we have worked with city
staff to address their comments.
We have updated the rear elevation to provide some more design interest and
continuity of materials and façade treatments on all visible facades.
We respectfully request approval of this variance request. We believe our Dairy
Queen will not alter the essential character of the area, rather we will become an
active member of the community changing lives, one smile and story at a time.
CITY OF WACONIA, MN NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Waconia,
MN, will hold a public hearing on Thursday, March 4th, 2021 at 6:30 p.m., via Zoom, to consider
a Variance request related to the Highway District Design Standards for the property located at
10610 10th Street West (PID# 753080010).
The applicant, Double Seven Development, is requesting approval of a variance to allow the use of metal façade material in excess of the 15% maximum allowed by City Code.
Pertinent information pertaining to this request is available at the City Hall. Interested persons may submit written or oral comments pertaining to this matter any time prior to the
hearing, or at the hearing on Thursday, March 4th, 2021. Written comments will be distributed to
the Planning Commission for review and consideration. Please submit written comments by mail, email or in person as follows:
Mail/in person: Attention: Lane L. Braaten, 201 South Vine Street, Waconia, MN 55387
Email: [email protected]
By: WACONIA PLANNING COMMISSION
ATTEST: Lane L. Braaten, Community Development Director
(Published in the February 18th, 2021 Waconia Patriot newspaper)
C-3
SITE PLAN
PLANS LEGEND:
CONCRETE PAVEMENT / SIDEWALK LIGHT DUTY ASPHALT
LANDSCAPE AREAS (SEE LANDSCAPE PLANS FOR DETAILS) CURB AND GUTTER PROPERTY LINE EXISTING EASEMENT LIGHT POLES HEAVY DUTY ASPHALT
ARCHITECTURAL ITEMS MONUMENT SIGN MENU BOARD PREVIEW BOARD SPEAKER CLEARANCE SIGN 1 2 3 4 5 6 7 8 DIRECTIONAL SIGN CANOPY
LOOP INDUCTION SYSTEM PATIO LIGHTING 9 TRASH CAN 10 PATIO FENCE 11 12 BOLLARD 13 DUMSPTER ENCLOSURE
Dairy Queen Site Data
Developer:
Double Seven Development 6442 City West Parkway Suite 400 Eden Prairie, MN 55344 Janet Smith 612-202-5932
Architect:
John S. Odom, Architect 417-343-2602
Civil Engineer:
Miller-McCoy, Inc. 915 Creekside Road Chattanooga, TN 37406 Greg Heckman, P.E. [email protected] 423-486-9516 Property Information: 10610 10th Street W Waconia, MN 55387 Parcel ID: 753080010
Total Area: 0.82 acres 35,713.19 sf Zoning: B-1 Highway Business District Impervious Area Allowed = 70% Impervious Area Actual = 67%
Building Data:
One Story
Maximum building height = 20'-6" Total gross building area = 2,604 SF Dining Room = 987 sf Construction type: VB Combustible Occupancy group: A-2 Restaurant Sprinklered: no
Seats: 72 indoor + 20 outdoor
Parking Data:
Parking required = 1 / 35 sf + 2 for Drive-Thru = 987 / 35 + 2 = 31 spaces Provided = 34 spaces
HC required = 2 (1 van) Parking and Paving Notes
1. All signs, pavement markings, and other traffic control devices shall conform to the FHWA manual on uniform traffic control devices, and handicapped signing shall meet Minnesota disabled parking regulations. 2. All pavement markings shall be four (4) inches wide solid yellow unless indicated otherwise on the drawings. All
handicap parking stalls to be blue striping.
3. A minimum clearance of two feet shall be maintained between the face of curb and any part of a sign or light pole. HC signs in sidewalk shall have 3' min. clearance for HC accessibility.
4. Contractor shall furnish and install all pavement markings as shown on the plans.
5. Contractor shall coordinate installation of all signs, pavement markings, and other traffic control devices with other contractors on site.
6. Contractor shall saw-cut to provide smooth transitions at tie-ins to to existing edges of pavement. 7. Joints or score marks are to be sharp and clean without showing edges of jointing tool.
8. All concrete for curbs, sidewalks & pavement shall be class a 4000 p.s.i. Items on City/County row shall be 4000 p.s.i. unless otherwise noted.
9. Contractor shall saw-cut tie-ins at existing curbs as necessary to ensure smooth transitions. Contractor shall saw-cut and transition to meet existing pavement as necessary and as directed by inspector to insure positive drainage. (typical @ all intersections)
10. Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by AGC of America, Inc., and the Safety and Health Regulations for Construction issued by the U.S. Department of labor.
11. Contractor shall be responsible for cost of pavement replacement where utility lines are extended from existing lines to the building.
12. All ramps constructed are not to exceed a slope of 1:12.
13. Concrete dumpster pads to be flush with pavement unless otherwise noted. 14. All dimensions are to face of curb unless indicated otherwise.
15. All work shall comply with all applicable codes, regulations, and/or local standards imposed by local utility, county, and state.
16. Necessary barricades, sufficient lights, signs and other traffic control methods as may be necessary for the protection and safety of the public shall be provided and maintained throughout the construction of driveways connecting to all roadways.
17. These plans are not to be used for building layout. See Architectural Plans to layout building.
STRIPING LEGEND:
SINGLE BROKEN WHITE LINE SINGLE BROKEN YELLOW LINE SINGLE SOLID WHITE LINE SINGLE BROKEN YELLOW LINE DOUBLE BROKEN YELLOW LINE DOUBLE SOLID YELLOW LINE DOTTED WHITE LINE DOUBLE YELLOW LINE SBWL SBYL SSWL SBYL DBYL DSYL DWL DYL
24" WIDE WHITE STOP BAR
Feet
0 20 40
This property is located in Flood Zone X (area of minimal flood hazard) per the flood insurance rate map, map no. 27019C0183D, having an effective date
of December 21, 2020.
FEDERAL FLOOD NOTE:
10 SHEET NUMBER: PROJECT NO.: CHECKED BY: DRAWN BY: SHEET NAME: DATE: 2-10-21 3 9 8 7 4 6 5 2 1 REVISIONS 20067 RWM GAH CIVIL ENGINEER: DEVELOPER: PROJECT:
10610 10th Street W Waconia, MN 55387 Parcel ID: 753080010
6442 City West Parkway, Suite 400
Eden Prairie, MN 55344
Project Engineer: Greg Heckman, P.E. 423-486-9516
Professional Engineer
I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duty Licensed Professional Engineer under the laws of the state of Minnesota. Signature:
Typed of Printed Name: Richard Wayne McCoy Date: 12-20-20 License Number: 26949 Connections to 10th Street must be coordinated
with the City prior to any work. Extents of removals shall be verified by the City. Bituminous pavement shall be sawcut and concrete removed to joint for clean match line.
10th Street Driveways
Monument sign shall be set back at least 10' from property lines/road right-of-way.
MONNUMENT SIGN
4-GB 14-HC 6-HP 29-CA 4-HC 8-CA 24-CA 14-RG 3-AR 2-QR 13-TO 5-BM 7-RG 6-SB 19-CA 3-HC 8-HC 4-CA 3-SR
~ (11) EXISTING TREES ALONG ADJACENT PROPERTY LINE
LANDSCAPE CONTRACTOR TO COORDINATE WITH OWNER THE EXTENTS OF SODDING WITHIN THE RIGHT OF WAYS.
53-CA 1-AR 10-SB 7-CA 2-AG 1-PG 1.5.2021 2021-03 LANDSCAPE
LA-1
1" = 20'-0" PLANMinneapolis - Chicago . www.terra-mark.com . p(612) 567-8786
Landscape Architecture Urban Design Land Planning
10610 10th Street W.
Waconia, MN
Landscaping Required:
Required: B1 Zoning: 1 Tree per 1,000 SF of Floor Area or 1 Tree per 50 LF of Site Perimeter 1,048 LF of Site Perimeter = 21 Trees*
1 Tree per 40 LF of Frontage on HWY #5 308 LF = 8 Trees*
Provided: 5 - 2.5" cal. Deciduous Trees (Site Requirement) 14 - 6' ht. Evergreen Trees (Site Requirement)
2 - 8' ht. Ornamental Trees (Site Requirement) 8 - 3" cal. Deciduous Trees (Street Requirement) TOTAL TREES PROVIDED: 29 Trees *Note: The irregular shape of this lot and therefore, the disproportional length of the site perimeter and Highway 5 frontage combined with the adjacent property already having planted more approximately 11 trees along the east site perimeter, make it challenging to fully meet applicable landscape planting requirements.
ORNAMENTAL SHRUBS (TYP.) DECIDUOUS CANOPY
TREE (TYP.) PERENNIALS (TYP.)ORNAMENTAL GRASS/
NORTH
ORNAMENTAL
TREES (TYP.) TURF GRASS SOD (TYP.)
KEY QTY. COMMON NAME BOTANICAL NAME SIZE CONDITION REMARKS Tree: Deciduous/Ornamental Canopy
AR 4 Autumn Flame Maple Acer rubrum 'Autumn Flame' 3" cal. B&B Upright,Specimen AG 2 Serviceberry Amelanchier x grandiflora 'Autumn Brilliance' 8' ht. B&B Clump, Specimen GB 4 Autumn Gold Ginkgo Ginkgo biloba 'Autumn Gold' 3" cal. B&B Upright,Specimen QR 2 Northern Red Oak Quercus rubra 2.5" cal. B&B Upright,Specimen SR 3 Japanese Tree Lilac Syringa reticulata 'Ivory Silk' 2.5" cal. B&B Upright,Specimen Trees: Evergreen
PG 1 Black Hills Spruce Picea glauca var. densata 6' Ht. B&B Full, Even, Specimen TO 13 Techny Arborvitae Thuja occidentalis 'Techny' 6' Ht. B&B Full, Even, Specimen Shrubs: Evergreen
BM 5 Wintergreen Boxwood Buxus microphylla 'Wintergreen' 3 gal./18" ht. Cont. Full, Even Shrubs: Deciduous
HP 6 Little Lime Hydrangea Hydrangea paniculata 'Jane' 3 gal./24" Cont. Full, Even SB 16 Anthony Waterer Spirea Spiraea x bumalda 'Anthony Waterer' 3 gal./18" Cont. Full, Even Groundcovers: Perennials/Grasses
CA 143 Feather Reed Grass Calamagrostis 'Karl Foerster' 1 gal. Cont. Specimen HC 29 Chicago Apache Daylily Hemerocallis x 'Chicago Apache' 1 gal. Cont. Specimen RG 21 Black-eyed Susan Rudbeckia fulgida var. sullivantii 'Goldsturm' 1 gal. Cont. Specimen
ROCK MULCH (TYP.)
1.25.2021 2.12.2021
0
Scale 1" = 20'
40 80
Footcandles calculated at grade Filename: DQ-210126WCMNLJSR1.AGI
Illumination results shown on this lighting design are based on project parameters provided to Cree Lighting used inconjunction with luminaire test procedures conducted under laboratory conditions. Actual project conditions differing from these design parameters may affect field results. The customer is responsible for verifying dimensional accuracy along with compliance with any applicable electrical, lighting,or energy code.
9201 Washington Ave, Racine, WI 53406 https://creelighting.com - (800) 236-6800
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%'314%2=3* IDEAL INDUSTRIES, INC.
Layout By: LINDA SCHALLER Date:2/16/2021
Project Name: Dairy Queen Waconia MN
SR-34405
MN STATE HIGHWAY NO. 5
7+ 58 ' 5 ,9( '2 12 7(17(5 ' 2 1 2 7 ( 1 7( 5 10TH STRE ET W 1 0 '
MN STATE HIGHWAY NO. 5
N 2 7 ° 3 1 ' 5 0 " W 1 9 1 . 3 1 S0 °2 2' 34 "E 13 8. 04 S87° 42'5 5"E 232. 16 ?=30 °19'56" L=178 .94 R= 338 00 Chd= 176.85 N62°28'19"E 308.94
FIXTURE MOUNTING HEIGHT: 12' AFG (12' POLE + 2' BASE)
Pole Schedule
(13) CL-SSP-4011-12-OT-BZ (12' X 4" X 11ga STEEL SQUARE POLE). (12) PB-1A4 SINGLE TENON
(1) PB-2A4 DOUBLE TENON 2@180
Proposed poles meet 120 MPH sustained winds.
*** CUSTOMER TO VERIFY ORDERING INFORMATION AND CATALOGUE NUMBER PRIOR TO PLACING ORDER ***
MH: 14 5M-E MH: 14 3MB-E MH: 14 3MB-E MH: 14 3MB-E MH: 14 4MB-E MH: 14 3MB-E 4MB-E MH: 14 MH: 14 4MB-E 4MB-E MH: 14 MH: 14 5S-E2 MH: 14 4MB-E MH: 14 3MB-E MH: 14 2MB-E 0.1 0.3 0.4 0.4 0.4 0.6 0.5 0.6 0.4 0.4 0.4 0.3 0.4 0.5 0.4 0.4 0.3 0.3 0.4 0.3 0.2 0.3 0.3 0.5 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 0.6 0.5 0.4 0.5 0.5 0.4 0.4 0.4 0.2 0.1 0.1 0.1 0.1 0.3 1.0 0.6 0.3 0.3 0.3 0.5 0.9 0.6 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.2 0.4 0.7 0.3 0.2 0.2 0.3 0.3 0.4 0.3 0.2 0.3 0.6 0.8 0.8 0.5 0.9 0.9 0.8 0.5 0.7 1.2 1.1 0.8 0.9 1.1 1.2 0.6 0.3 0.2 1.0 5.0 6.5 4.7 6.1 6.2 7.9 4.6 3.0 4.8 5.7 4.5 2.5 1.1 6.5 8.3 5.5 4.4 3.2 6.0 4.6 4.6 6.0 2.7 1.9 1.8 7.9 5.2 3.8 3.2 3.4 2.9 2.9 3.5 3.0 3.5 3.6 7.2 5.3 3.3 2.0 1.8 1.6 1.7 3.2 5.4 4.6 5.7 4.1 3.0 2.5 2.0 1.4 1.4 3.1 5.8 4.0 3.1 4.2 6.0 6.0 4.7 2.5 1.5 2.5 4.3 4.6 3.2 7.6 8.7 9.6 7.8 4.9 1.9 1.8 2.4 2.4 5.1 8.2 12.3 11.8 9.8 6.5 2.3 1.5 1.7 1.5 4.4 7.4 9.9 12.9 12.2 9.2 6.5 2.2 1.2 1.5 1.2 4.5 8.6 10.0 9.1 8.8 8.2 4.5 1.8 1.1 2.2 2.4 4.1 7.2 6.5 6.8 6.5 5.0 3.0 1.7 1.4 3.1 4.8 2.0 2.6 4.5 4.7 4.6 4.4 6.1 8.2 5.0 4.2 4.4 4.0 3.1 1.9 2.2 5.9 7.2 3.9 3.2 3.0 4.0 5.3 5.4 3.6 5.9 5.2 3.7 4.3 4.5 5.5 3.7 2.4 3.0 7.9 5.7 1.2 4.7 4.4 5.6 3.0 4.6 4.4 3.9 2.7 2.7 6.3 7.0 1.1 2.1 3.5 6.4 6.3 5.5 2.5 3.9 3.8 3.8 2.3 2.0 3.4 5.2 2.8 3.2 4.4 4.8 5.1 2.5 1.6 1.5 3.9 4.6 3.7 2.4 1.8 2.6 2.7 5.3 6.9 1.6 1.5 2.4 4.1 5.3 4.7 2.7 1.6 1.2 1.6 3.4 5.6 6.5 5.2 3.0 1.9 1.6 1.1 4.4 5.2 1.5 2.6 4.7 4.1 4.5 3.3 1.8 1.2 1.8 3.4 4.9 4.1 4.8 2.9 1.7
Calculation Summary (Footcandles calculated using predicted lumen values @ 50K hrs of operation)
Label Units Avg Max Min Avg/Min Max/Min
PAVED AREA Fc 4.25 12.9
Luminaire Schedule
Symbol Qty Label Arrangement LMF Lum. Lumens Lum. Watts Part Number
1.0 4.25 12.90
PROPERTY LINE Fc 0.36 1.2 0.0 N.A. N.A.
1 2MB-E SINGLE 0.990 8096 101 ARE-EDG-2MB-AA-06-E-UL-BZ-525
5 3MB-E SINGLE 0.990 7538 101 ARE-EDG-3MB-AA-06-E-UL-BZ-525
5 4MB-E SINGLE 0.990 8096 101 ARE-EDG-4MB-AA-06-E-UL-BZ-525
1 5M-E SINGLE 0.990 11306 101 ARE-EDG-5M-AA-06-E-UL-BZ-525
1 5S-E2 2 @ 180° 0.990 12563 101 ARE-EDG-5S-AA-06-E-UL-BZ-525
