HomeMy WebLinkAboutPCAgenda_03Jul22_Canceled
MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Planning Commission Meeting of July 22 is cancelled.
Date: July 18, 2003
Once again there is no immediate business for the Planning Commission this month, so the meeting
scheduled for July 21 is cancelled. However, as promised, I am sending you copies of the May minutes
and the latest site plan for Dino's. You will consider the minutes for approval at your next meeting,
whenever that takes place.
If there are no variance or other action items in August, we will probably cancel that meeting as well, as
both Heather and I will be on vacation between now and then. The only possible business we anticipate is
• some potential variances that owners have discussed with staff but not applied for.
Looking forward to fall, the Commission will be taking up the issues of traffic in the Crawford/Arona
area and parking on Garden. The traffic task force is being organized by Dan Madsen, the City's summer
intern. We will keep you informed on the progress of that. As for the parking issue, you directed staff to
report back to you within six months, so that will probably happen in October.
As you all know by now, the application for a lot coverage variance for the new Dino's was withdrawn
before the June 11 City Council Meeting. Anew site plan (enclosed) was submitted to the City, with the
drive-through replaced by landscaping. The new site plan exceeds the 25% landscaping requirement.
The Council passed the front setback variance, so zoning is approved for the restaurant and the building
permit application is in the hands of the City Building Official for his review.
There have been some further negotiations between Dino and Steve Wellington, owner of Falcon
Crossing, over parking and easements, but I believe a settlement has been reached that satisfies all parties,
gives each property enough parking and maintains the conditions of the 1989 parking variance on Falcon
Crossing. As soon as everything is signed, Embers will be demolished -any day now!
With the future of Dino's settled, the SE Corner project seems to be on schedule with everything well in
hand. The biggest remaining issue is the relocation of Pizza Hut. The City Council has authorized the
hiring of a consultant to help with that, and several possible locations are under consideration. The
groundbreaking for the SE Corner will take place in September, date to be determined, and you will all be
invited! If you have any concerns or questions about the project, please don't hesitate to call me or
Heather, 651-644-5050.
LJ
City of Falcon Heights
Planning Commission Minutes
May 27, 2003
Chair Tom Lageson called the meeting to order at 7:05 p.m.
PRESENT: Commissioners Ryan, Ziebarth, Harris, Lageson, Lukermann, Maher, DeLeo,
Council Member Lindstrom. Also present were City Administrator Heather Worthington, Staff
Liaison Deb Jones, Soren Mattson for the City Attorney, and Dan Cornejo, Planning Consultant.
ABSENT: Heideman, Tracy
The minutes of the March 26, 2003, meeting were approved.
HEARING ON PETITION FOR PERMIT PARKING ON GARDEN AVENUE
Chair Lageson opened the hearing by asking that people limit their initial comments to three
minutes or less, since so many people were present. He asked the Commissioners to hold their
questions until everyone had had a chance to speak.
Resident Dennis Caywood, 2028 Garden Avenue, husband of the petition organizer, presented the
case for the petition. He said non-resident parking has been an "escalating problem" in the
neighborhood, especially on Garden, for three to five years, causing difficulty for construction
workers on remodeling jobs, for residents getting in and out of their driveways. People have
trouble parking in front of their own houses and when guests come over.
• Linda Barnes, Moore Street, asked if the permit parking was going to be extended to Moore
Street and expressed concern over the charges for the permit. Staff Liaison Jones outlined the
correct charges for permit, the extent of the petition and who would be eligible for permits.
Jim Duffy, 1961 Summer, asked if the problem wouldn't simply be pushed north if parking is
restricted on Garden.
Bob Hoium, 1997 Garden, says he is not impacted by the problem although he only lives three
houses from the pedestrian path. He is also concerned about the nuisance of having to get permits
for his family and their many visitors. He said the non-resident parking does not bother him. Ms.
Jones added that temporary are also available to residents for their visitors. In existing permit
parking zones, the restrictions apply Monday through Friday from 8:00 a.m. to 4:00 p.m. This
petition asks for a similar restriction.
Paula Lewis, 2015 Garden Avenue directly across from the path, says she finds it impossible to
have guests during the week or to have service vehicles park near the house. She says she fears
for the life of her five-year-old playing near the street and that the school buses and garbage
trucks have a difficult time getting through.
Bryan Olson, 1592 Roselawn, said he would have a fit if this were happening in front of his
house. He objects to people having to pay to park in front of their house. Presumably the
purpose of the permit should be to identify the cars that belong. He called the permit fee a
"shakedown."
• Commissioner Maher asked if Tatum is posted for 2-hour parking or for permit parking. Jones
said she does not. know how many residents of Tatum actually have permits. Commissioner
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 1 of 8
Ziebarth asked what the cost of enforcement, presuming the fee pays part of the cost of
• enforcement. Administrator Worthington replied that the cost of enforcement runs to about $30
to $40 per day, that the City has only one police officer assigned 24 hours per day. The permit
fees do not begin to pay the cost of enforcement.
Commissioner Harris pointed out that enforcement costs are an issue for time-restricted zones
(without permits), as well as permit parking zones. Worthington outlined the time intensive
process of parking enforcement, tagging tires. Parking fines are set by the state legislature.
Raymond Worth, resident, told about the inconvenience of parking near his church in the Midway
area, where there is permit parking. To visit the church he has to go into the office and get a
permit or take a chance on his car being tagged.
Commission Harris asked about the log of parking compiled by staff. Ms. Jones said that
observations had been gathered by City staff with additional data from residents and a police
officer. Observations were made at random times during office hours, as those were the times
about which residents were most concerned, between late March and mid May. The largest
number of cars parked on the block was 9 on May 8, including 2 service vehicles. (There are at
least 16 street parking spaces available in the petition area.). Worthington outlined the
restrictions in effect for existing permit parking. Permit parking would apply all year. Residents
commented that university staff and students park year round. If snowplowing is an issue cars
can be tagged and towed; this applies to the whole city.
Commissioner DeLeo asked if the City had ever posted signs that parking is for residents only.
Worthington replied that City streets are public streets and the only way to restrict parking is
• through permit parking, as stated in city ordinances.
Commissioner Ryan asked if the City is concerned with law enforcement in that neighborhood in
general and wondered if restricting parking to one side might help. Ms. Jones said she knew of
no reports of accidents or incidents in the neighborhood. She said this neighborhood is
distinguished by not ever being mentioned in police reports. If there have been any incidents
involving traffic safety, residents have not reported them to City Hall beyond the general
examples heard this evening. As far as other solutions, the City is responding the petition as
received; permit parking is the solution that has been requested. Other options could be
discussed. Commissioner Ziebarth that one-side parking might solve the problem of school bus
and garbage truck access but might exacerbate the parking problem by further concentrating cars
in one location. Commissioner Ryan asked if residents might have ideas on other solutions.
Mary Warden, Moore Street, feels that permit parking will spread the problem to her street. She
noted that parking has increased, that this is a desirable place to park for those who are using it.
Even on Roselawn parking has increased.
Commissioner DeLeo asked if the City had ever contacted the University about the problem. A
member of the audience, who is not a resident of the neighborhood, spoke about the 8 month wait
for parking on campus and the high cost, $80 per month. He felt that such a communication from
the City would be ignored.
Janet Caywood, 2028 Garden, expressed a concern about possible parking impact from the
Farmer's Market. She said Gibbs Farm is now charging $1.50/day for student parking. She said
when the cars are parked on the street, it is difficult to back into her driveway. If the Council has
• abetter solution to the problem, she would be glad to hear it.
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 2 of 8
Administrator Worthington said she had spoken to a resident who cited parking on the curve
. (between Garden and Moore) as a particular problem, especially for large vehicles getting
through. One option might be to post "no parking" on the curve.
Commissioner Ryan asked if residents have concerns about the "types of people" who are driving
or parking there. An unidentified resident said she was approached in her garage by a man asking
for a jump start, said she was "scared half to death."
Amil Solomon, 1978 Garden, said she started noticing the parking after the petition came up but
it has not affected her personally, although she does have concerns about parking from the
Farmer's Market. She has noticed the same two to four cars parking consistently. She wonders if
non-residents are using the pathway more than residents themselves and if it would be less
expensive to eliminate the pathways so there would be no shortcut without trespassing. She does
not want to pay to park in front of her house and would rather eliminate the problem by closing
the path.
Bryan Olson, who spoke earlier, said that since the University is causing the problem, the
University should pay for the residents' permits or should do the policing. Commissioner
Ziebarth asked if the University has any authority to do that. Ms. Jones said they do not and she
strongly doubted they would consider either of these alternatives.
The public hearing was closed.
CONSIDERATION OF PERMIT PARKING ON GARDEN
• Harris moved, Ryan seconded, that the Commission recommend against the petition but that the
staff be directed to explore alternative solutions to address resident concerns. She said she feels
the negatives outweigh the positives.
Discussion followed. Commissioner Ryan said parking is an issue all over the City, especially in
areas that are more severely impacted by the State Fair. Permit parking seems a harsh solution
here. Most people do not know Falcon Woods exists; people who park there are going to some
trouble to find it and are not speeding. He feels the City has some obligation to permit public use
of public streets. The City should explore other solutions.
Commissioner Lukermann said she favors the motion because having the restriction in such a
small area would simply move the problem. Commissioner Ziebarth would favor studying who is
using the pedestrian path and where they live. Would closing the path make a difference?
The vote was called. The motion carried.
Ziebarth moved, Ryan seconded, that Staff be directed to look at these matters and return to the
Commission in no more than six months with additional findings. There was some discussion of
exactly what the Staff is being directed to do: work with the neighbors to find alternatives. If
recommended, the Commission may reconsider permit parking at that time. Motion carried.
Council Member Lindstrom will report to the Council on this discussion tomorrow night.
PRESENTATIONS ON PROPOSED NEW DINO'S RESTAURANT
City Administrator Worthington presented the site plan for the proposed restaurant at the
• southeast corner of Crawford and Snelling, just north of the location of Embers. The site plan
was submitted to the city in late April, and two variances are presently under consideration, a
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 3 of 8
variance on front setback and a variance on lot coverage. It should be noted that the existing
• Embers resident is not compliant with code and the proposed plan represents a slight
improvement. At a neighborhood meeting on May 13, residents had voiced concerns about traffic
- Crawford and Arona have long been used for cutting through the neighborhood to avoid
Snelling and Larpenteur -and about the proposed drive-through service. It was shown at that
meeting that the drive-through would be constructed so that noise from the speaker would not go
past the lot line; also there will be a new screening fence and landscaping to mitigate the impact.
Ms. Worthington said that, in response to resident concerns, she would recommend to the City
Council the formation of a task force on the whole issue of traffic in that neighborhood. Several
residents have already expressed an interest in being involved.
Planning Consultant Dan Cornejo spoke next to comment on his review of the site plan. His
written report, which was given to the Commissioners earlier, is the review of an earlier site plan;
some of the points are now moot because the plan has been revised to take care of some of the
problems and eliminate some of the issues which would have required variances. He emphasized
that the site is extremely difficult because of size and access issues, and he doubts that any
permitted use could meet all of the requirements of the code without some variances. It would be
very tough to meet all requirements for setback from neighbors, for parking, for handicapped
access and also to meet the 25% landscaping requirement. He concluded by saying that the
revised site plan represents a good effort to bring the plan closer to code and balance the different
requirements. The number of variances needed has been reduced to two.
Commissioner Lukermann asked about the parcels along Snelling, currently part of the right-of-
way along Snelling. Could those not have additional landscaping? Mr. Cornejo said the parcels
are not under the control of the applicant and cannot be considered for purposes of this
• application. Lukermann also asked if handicapped access will be directly from the designated
spaces to the building. Mr. Cornejo said the curb shown in the plan would be surmountable by a
wheelchair adjacent to handicapped parking. Administrator Worthington added that the two
MnDOT parcels were easements that had been deeded to the City, and the City will soon acquire
ownership of the parcels and would consider conveying those to Dino's at some future time. In
response to a question from Commissioner Lageson, Worthington added that she did not have a
sense of cost at this time.
Commissioner DeLeo asked about the proximity of parking spaces to the entry/exit drive opening
on Crawford. He pointed out that there could be difficulties caused by cars backing out so close
to the entry. Mr. Cornejo agreed that this is a potential safety issue, but that the configuration
shown is only one of several that might be used. The plan for the frontage parcels is not really
under consideration now because the property is not owned by the developer. Commissioner
Harris asked if the Crawford entry is the only access. No, there are also two openings to the alley
to the south (approximately where opening are now).
Next, Kevin Pape of Howard R. Green, the City Engineers, presented the results of the traffic
study commissioned by the City. The purpose of the study was to find out the extent of cut-
through traffic on Crawford and Arona now and to calculate the traffic that would be added by
the new restaurant. Counts made last week showed that the traffic was approximately the same as
what was found in 2000. The peak traffic at noon and late afternoon/evening is about as expected
for this type of road. The traffic here (about 1000 on Arona and about 800 on Crawford per day)
is at the low end of the normal range for collector type streets, which these are. Mr. Pape
explained that the data was collected over a 48 hour period last week, both by tube counters and
by peak hour observers who noted behavior of cut-through drivers. They found that during the
• p.m. peak hour approximately a third of the traffic Arona and about half the traffic on Crawford is
cut-through. (Some cars continue to Pascal instead of turning at Arona) The speed of traffic was
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 4 of 8
also recorded. More than 85% of the cars are below the 30 m.p.h. posted speed limit on both
• streets, which is not unexpected, given the short, one-block accelerating distance on both streets.
The sound of acceleration may give the illusion of greater speed.
Mr. Pape then discussed the impact of the new restaurant configuration. At least 75% of the
vehicles entering the site would come by way of Crawford off Snelling. About half the vehicles
would leave using the Crawford/Arona route, at least partly due to the stacking difficulty at
Snelling and Crawford. Some vehicles would exit through Falcon Crossing. Based on known
data for typical fast-food restaurants, Dino's would add approximately 40 vehicles on Crawford
and 30 on Arona during the noon peak hour and similar numbers during the p.m. peak hour. As
Commissioner Lageson pointed out this is a 67% increase (from 60 at present). He asked if a
traffic engineer would consider this excessive. Mr. Pape replied that it was well within the
capacity of the roadway.
Commissioner Lukermann asked if Dino's would affect the cut-through traffic. Mr. Pape said
Dino's would increase the over all volume but not the amount of cut-through traffic. In response
to a question from Commissioner Harris, he said that cut-through traffic is made attractive to
southbound traffic on Snelling by the fact that there are gaps created by the traffic signal at
Larpenteur. Commissioner Ziebarth asked if changing the traffic light cycle would help. Mr.
Pape said that the intersection has been minutely studied, and that very little could be done by
tinkering further with the signal.
HEARING ON VARIANCES FOR PROPOSED DINO'S RESTAURANT
Chair Lageson opened the hearing with a review of the ground rules. The developer, the owner
. of Dino's and their engineer were present to answer questions.
Raymond Worth presented a letter he had sent by email to the Council and Commissioners in
support of Embers remaining at the site. He said he felt the deal was "suspect" and questioned
the existence of a purchase agreement. He has circulated a petition in favor of keeping Embers
because it is a better "fit" for the neighborhood; he obtained 27 signatures. He read the lengthy
petition to the audience. Mr. Lageson reminded Mr. Worth that he had already exceeded his
allowed time. Mr. Worth continued to speak against Dino's for several more minutes.
Josh Berger of Crawford and Arona said that he, like many people, moved to Falcon Heights
because it seemed to have a small town feel. He is very much in favor of the SE Corner
development and loves Dino's. He said that he felt the previous speaker misrepresented the
sentiment of the May 13 meeting, that the majority of the people present that evening were in fact
not in favor of keeping Embers but were concerned about the proposed drive-through and the
traffic. He questioned why Dino's, which has been a profitable business for years at the present
location, needs adrive-through to be profitable at a better location. Though the road may have
the capacity for the added traffic, he felt, the residents do not. He strongly recommends against
the granting of the lot coverage variance, which "exists for a reason."
The next speaker was Jenny Blaise of 1532 Crawford, who expressed concern about traffic in the
alley between Crawford and Arona. The situation is already hazardous for residents backing out
of their garages. She is not opposed to Dino's but very much opposed to the drive-through.
Cindy Peck, who lives adjacent to the Embers site, is also very concerned about the drive-
through. Although the loudspeaker would be muted, there would be noise from cars waiting in
• line. If not for the drive-through, the development would be an improvement, she thinks.
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 5 of 8
Don Sobania, 3lyear resident of 1510 Crawford, loves Falcon Heights, wants "more landscaping
• and less drive-through."
Dennis Porter, proprietor of DJs Embers America, also questioned the validity of the purchase
agreement between Sherman Associates and his landlord. He said the latter has assured him that
"no firm offer" has been received and that he is in support of Ember's remaining on the site.
Wendy Noble, 1539 Crawford, has concerns about the drive-through, the traffic and the noise.
When she looks at Embers now in the evening, it is quiet. "There's nothing going on there." She
is not opposed to Dino's, but it would bring more disturbance and make her family reconsider
remaining where they are. She cited the noise from car radios and the glare from headlights as
potential problems. A realtor she talked to had told her (when asked about the impact on property
values), "You absolutely don't adrive-through" next to your house. Fast food patrons, she said,
are more likely than Embers customers to litter. The existing traffic already makes it very
dangerous here; she doesn't want to see more.
George Sherman of Sherman Associates spoke next to say that it is probably a reality that adrive-
through restaurant would be located there eventually. The high cost of building such a business
requires the additional business that would be generated by adrive-through, whether it is Dino's
or a national chain such as MacDonalds. He feels the proposed setback is not out of line with
similar businesses at the Snelling/Larpenteur area, and that the proposed landscaping offers some
improvement over the existing amount. Considering the constraints on this site, he feels the
variances asked for are reasonable. He added that there is a purchase agreement on the property
signed by the present owner and that earnest money has been paid. He explained that he is
developing the property but that Dino and his family would own the restaurant.
• In response to a question from Commissioner Harris, Mr. Sherman pointed out that the drive-
through, while controversial, is a permitted use in this zone, whether it comes now or at some
time in the future. Commissioner Harris responded that if enforcing the lot coverage requirement
for the site prevented the drive-through then the Commission could, in effect, rule on the drive-
through by denying the lot coverage variance.
Amy Hanson, 1729 Arona, doesn't like the "underlying threat" that something else will some into
the neighborhood if Dino's doesn't. She doesn't understand why something like that has to come
into the neighborhood.
Dan Fisher, who lives on Arona Street, contrasted the cost of the building the new restaurant with
the cost of "destruction of a neighborhood." He mentioned by name a number of small children
and toddlers who live nearby, who would be directly subject to hardship caused by a reduction of
required landscaping. The important thing, he respectfully suggested, is not what is there now but
what should be. The young children in the neighborhood are the ones who will have to put up
with 66% increase in traffic over the noon hour. Josh Berger spoke again to add his argument
against "paving paradise to put up a parking lot."
In response to a resident (name not audible; lives at Crawford and Pascal) who asked about the
landscape plan, Jason Adamides, member of the family that owns Dino's, presented some
drawings of the plans. He said that the family is committed to the community, to improving the
site. Commissioner Harris asked if it would be economically viable to have a restaurant there
without adrive-through. Mr. Adamides said the drive-through would provide the best return on
the large investment. He is not sure the investment would be worthwhile without it. He said
• Dino's would be a considerate neighbor. Although the new development on the SE Corner is
"beautiful," he said, the family wants to own the land under their business.
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 6 of 8
• Commissioner Harris asked if any consideration had been given to positioning the drive-through
off Snelling instead of Crawford. This was addressed by Clark Wicklund of Alliant Engineering,
who explained that all possibilities of positioning the restaurant had been exhausted in the
planning stage, and that no other way had been found to position the building that would
accomplish all that needs to be accomplished with respect to both the restaurant and the shopping
center. In response to a question from Commissioner Lukermann, he said he did not know what
percentage of the lot is taken up by the drive-through.
Raymond Worth spoke again in favor of Dino's staying on the SE Corner and against the
"destruction of Embers."
Dino Adamides, owner of Dino's, spoke to reassure the audience that no threat was intended or
implied, that the drive-through is a permitted use, and they only want to use the property as
allowed.
Todd Skayne (?), an employee of Embers, spoke in support of the fine cuisine at Embers. He
does not think the variances should be discussed right now, when the land ownership issue has
not been settled.
Commissioner Ziebarth asked what the hours of operation would be and if the drive-through
could be closed down in the evening. Jason Adamides replied that the hours would be the same
(10 - 10 Monday through Thursday, 10 - 11 Friday -Saturday, 10 - 9 Sunday), and that it would
be too confusing to customers if the drive-through were not open the same hours.
. Chair Lageson asked what would happen if the variances were passed and the purchase of the
property did not go through. Soren Mattick, representing the City Attorney, said the variances
would not go into effect unless the purchase is completed. Commissioner Harris asked if denying
the lot coverage variance will effectively stop Dino's from being built. Administrator
Worthington replied that eliminating the drive-through would not necessarily make it possible to
meet the landscaping requirement. In response to a question from Commissioner DeLeo, Ms.
Worthington said that postponing a decision on the variances might put the City in violation of
the statutory 60 day limit on variance decisions. In response to a question from Commissioner
Harris, Ms. Worthington said that it would not necessarily stop the SE Corner development if the
Dino's variances were denied but it might delay things. In response to a question from
Commissioner Lukermann, Ms. Worthington said that setting business hours is outside the
purview of the City government.
Commissioner Ryan asked if variances could be granted with conditions on hours of operation,
etc. Attorney Mattick said that the Commission would have to establish some connection
between the variance and the condition in order to do that. Ms. Worthington clarified that the
variances could be voted on separately. In response to a member of the audience questioning
why variances are being considered with the sale of the property is not official, Ms. Worthington
repeated that the City has an understanding that a purchase agreement exists and that the
variances will only apply if the sale goes through.
There being no further comments, the hearing was closed.
CONSIDERATION OF VARIANCES FOR DINO'S RESTAURANT
• Chair Lageson reminded the Commission and audience that the Commission would be voting on
recommendations to the City Council, which would make the final decision.
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 7 of 8
. Maher moved, Lukermann seconded, a motion to recommend approval of the setback in front
variance.
In the discussion following it was explained that the 10.9 feet is the amount of difference between
the required 30 feet and the proposed 19.1 feet between the building and the property line. Also,
if the Snelling frontage becomes part of the property the setback would then be at least 50 feet.
The two frontage parcels are not included in the landscaping or parking calculations.
Administrator Worthington said the fate of those parcels should be known by August, but they
cannot be included in the site plan as it is being considered now. The frontage land could
potentially contain some combination of parking and green space.
The motion carried unanimously.
Maher moved, Harris seconded, to recommend denial of the variance on lot coverage. In the
ensuing discussion, it was clear that the Commissioners support Dino's but also share
neighborhood concerns about the drive-through and the traffic. Commissioner Lukermann said
that she would vote for the motion on that basis that 8.6% landscaping is not adequate, not on the
grounds of the drive-through. Commissioner Maher agreed that the vote should not be made on
the emotional basis of the drive-through, which is unrelated to the variance. Commissioner Ryan
pointed out that lot coverage and landscaping are important issues to this Commission, which
spent many months working on this subject last year. Administrator Worthington reviewed the
history of the 20 year old shared parking agreement with the Falcon Crossing shopping center,
which owns one third of the site, and how that arrangement limits the options here.
• The motion carried unanimously.
INFORMATION AND ANNOUNCEMENTS
Council Member Lindstrom announced that the City Council approved the P.U.D. rezoning of
the SE Corner.
ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison
03_0527.doc Falcon Heights Planning Commission, May 27, 2003 Page 8 of 8
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