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12-07-2021CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 7, 2021 CALL TO ORDER: Vice Chair von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Erik Johnson and Steven Weick STAFF PRESENT: Bob Generous, Senior Planner, MacKenzie Young-Walters, Associate Planner PUBLIC PRESENT: Allan Wiley GBC Design, Inc., 565 White Pond Dr., Akron, OH 44320 Vice Chair von Oven reviewed guidelines for conducting the Planning Commission meeting. PUBLIC HEARING: CONSIDER A REQUEST FOR SETBACK AND HARD COVER VARIANCES TO RECONSTRUCT EXISTING DRIVE-THROUGH TO FULL DUAL LANE DRIVE- THROUGH AND INSTALL FREE-STANDING CANOPIES OVER ORDERING AREAS AND PICK-UP WINDOW ON PROPERTY LOCATED AT 445 W. 79TH STREET (CHICK-FIL-A) Senior Planner Generous noted this is a variance application for Chick-fil-A and the applicant would like to expand the drive-through to provide better service to customers. In doing so, they will increase the hardcover on the site and additionally propose to construct a canopy over the ordering and pick-up window areas. In 2016, Chick-fil-A was granted site plan approval with a drive-through; in order to reduce hardcover the City required them to reduce the drive-through width to one lane. The applicant still needed a hardcover variance because they were at 77.5% hardcover. Previously on the site was a strip center which had 81.9% hardcover. Mr. Generous stated Chick-fil-A is proposing a 15.3% hardcover variance from the 65% that is permitted in the Highway and Business Services District which would get the applicant to 80.3% hardcover. They are also proposing an 11.6-foot variance from the 25-foot setback on the south side from Highway 5 to allow the canopy construction over the ordering area. Staff recommends approval of the variance applications subject to the conditions of approval in the staff report. Commissioner Noyes asked if they have a feel for what the traffic back-ups will be as he assumes allowing more space for cars in the drive-through area will help. Planning Commission Minutes – December 7, 2021 2 Mr. Generous replied that engineering agreed with Chick-fil-A’s study. Allan Wiley of DBC Design Inc, stated it does improve traffic as it increases the storage capacity in the drive-through and the efficiency of being able to hand out multiple orders at the same time which will allow multiple cars to leave at the same time. It will increase the efficiency of the drive-through. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves the 11.6-foot setback variance for the canopy setback and a 15.3% hardcover variance for the dual drive-through lanes on property located at 445 W. 79th Street, subject to the conditions of approval, and adoption of Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER A REQUEST TO AMEND CITY CODE PERTAINING TO PRIVATE KENNEL LICENSING Associate Planner Young-Walters stated this is a proposed amendment to remove the private kennel licensing requirement. Currently, City Code requires all residents to get a private kennel license ($25/year) if they have three or more dogs, four or more cats, or a combination of five or more dogs and cats. The City has identified 25 properties that need the license and in any given year half of those renew the license; the City does not take any action against those properties that do not. To Mr. Young-Walters’ knowledge, the City has never required anyone without the license to surrender their animals. He clarified that every provision in the private kennel license ordinance, with the exception of a sturdy fence requirement, is found in other parts of the City Code with its own enforcement mechanisms that can be used to fine or if necessary confiscate animals that are nuisances, dangerous, etc. Mr. Young-Walters noted this is an administrative burden on staff and does not serve its intended function for the handful of residents that file the license each year. Staff would like to remove it. Commissioner Reeder asked the difference between a private kennel and a commercial kennel. Mr. Young-Walters replied that commercial kennels are selling something, such as breeding and selling animals or running an in-home doggy daycare for profit. Private kennels are personal animals for personal enjoyment. Commissioner Reeder clarified as long as he is not running a business out of his house, he can have 13 dogs. Planning Commission Minutes – December 7, 2021 3 Mr. Young-Walters replied that if one can manage to do it without creating a public nuisance, yes. He noted staff thought about the consequences for removing the ordinance and decided to go straight to the nuisance ordinance in cases such as the example given. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Commissioner Skistad moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendment to Chapters 1, 5, and 20 of the City Code concerning private kennel licensing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED NOVEMBER 16, 2021 Commissioner Skistad noted the summary minutes of the Planning Commission meeting dated November 16, 2021, as presented. CITY COUNCIL ACTION UPDATE: Mr. Generous presented highlights of action taken by the City Council on planning matters, noting the River Valley Industrial Park was approved and will go before the Chaska City Council. ADJOURNMENT: Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:21 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean Steckling Senior Admin. Support Specialist