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HomeMy WebLinkAbout03_0204City of Falcon Heights Planning Commission Minutes February 4, 2003 Acting Chair Melissa Maher called the meeting to order at 7:08 p.m. PRESENT: Lageson, Harris, Maher, Lukermann, Ryan, Tracy. Also present were Peter Lindstrom, Council Liaison, Heather Worthington, City Administrator, Roger Knutson, City Attorney, and Deb Jones, Zoning and Planning Coordinator. ABSENT: Heideman, DeLeo, Ziebarth The minutes of the November 26, 2002, meeting were approved. ELECTION OF COMMISSION CHAIR: Nominations were opened for 2003 Chair of the Commission. Tom Lageson was nominated and unanimously elected. NEW COMMISSIONER: Chair Lageson welcomed new Commissioner Barbara Lukermann to the Commission. HEARING ON THE PRELIMINARY PLAT FOR THE SOUTHEAST CORNER DEVELOPMENT City Administrator Worthington presented the preliminary plat for consideration by the Commission. Currently the property is in two lots, divided into 15 parcels. It will be redrawn into 3 plats for each of the planned units: the multi-family housing unit, the senior housing and the townhomes. The stormwater system pond will go with the multi-family housing to ensure future maintenance by the developer. The townhome plat will be jointly owned by the landowners' association. There were no members of the public who wished to speak at this hearing. CONSIDERATION OF THE PRELIMINARY PLAT Tracy moved, Ryan seconded, that the Commission approve the preliminary plat. In answer to a question from Commissioner Lageson, Ms. Worthington said that the maintenance of the stormwater pond will be addressed in the development agreement and will be an integral part of it. Commissioner Lukermann asked if the Commission will review the development agreement. City Attorney Knutson said that the agreement will go to the City Council. Commissioner Harris asked who would own the parcels. Ms. Worthington explained that Sherman Associates will own the multifamily parcel and the senior housing parcel; the third will be owned by the townhome association. Chair Lageson called for the vote. The motion carried unanimously. HEARING ON THE COMPREHENSIVE PLAN AMENDMENT FOR THE SOUTHEAST CORNER DEVELOPMENT City Administrator Worthington said that the SE Corner was designated as a "study area" in the City's required comprehensive land use plan. In order to proceed with the development, the City must submit an amendment of the plan to the Metropolitan. The Planning Commission would vote on a resolution to go to the City Council. No member of the public wished to speak at this hearing. CONSIDERATION OF THE COMPREHENSIVE PLAN AMENDMENT In response to a question from Commissioner Lukermann on zoning changes, Ms. Worthington said that the zoning will change from the present B-3 to a Planned Unit Development with mixed use, commercial and residential. The plan will be shared with the public at a community meeting on February 20. Commissioner Harris moved, Tracy seconded, that the Planning Commission recommend approval of the resolution to the City Council. There being no discussion, the vote was taken and the motion carried unanimously. HEARING ON AN AMENDMENT TO THE CITY CODE PROVIDING FOR AN INTERIM USE PERMIT FOR A FARMER'S MARKET AT TWIN CITIES CO-OP Ms. Worthington came forward again to present the background of this issue. In late 2002, the city was approached by Twin Cities Co-op with the idea of holding a farmer's market, under the sponsorship of the St. Paul Farmer's Markets, in its north parking lot. There was overwhelmingly positive response at a community meeting for nearby residents on November 26, 2002, also on the city-wide survey. There are three steps to the code amendment: (1) the addition of a definition of a farmer's market, (2) the general provision for an Interim Use Permit, which is similar to a Conditional User Permit but more flexible, allowing reconsideration of a permit, (3) the addition of a farmer's market as a legal interim use in the B-2 zone of the city. Copies of the amendment had been sent to nearby residents with notice of this hearing. Staff Liaison Jones reviewed several minor changes that had been made to the proposed amendment since the copies were mailed out. Richard Rajec of Maple Court expressed concern about the "money trail" of the farmer's market and wanted to know who benefits from it. Ms. Worthington replied that the benefit is to the community as an added amenity. No fee is being charged by TCC or by the City. She clarified that the Horticultural Society was only involved in the November 26 meeting as a potential vendor. Mr. Rajec said that obviously the Farmer's Market is benefiting. In his opinion the produce at the Har Mar market was inferior, and he did not understand how the expected customers would get in and out of the site without problems. If there is no benefit to the City, there is no reason to have the market here. The next speaker, Mr. Choong-Sihn Youn of Tatum Street introduced himself as an architect who deals with traffic studies. He presented to the Commission his study of traffic on Tatum and his evaluation of traffic pressure and parking needs for the proposed market. He feels that the impact of traffic on Tatum will be greater than expected and that the available parking at the site will be inadequate. Mr. Youn felt that the market is not a good fit for the neighborhood and that the Co-op gets the business benefit of all the traffic without doing any advertising. He proposed a one year moratorium. The Commissioners asked several questions about the information and assumptions upon which Mr. Youn based his evaluation. Commissioner Maher asked for clarification on the revocation of the permit. Mr. Knutson said that, unlike a conditional use permit, an interim use permit requires an endpoint, either an end date or an event. In response to a question from Commissioner Tracy, he said that it is not feasible to have a probationary period, but the permit could be terminated for violation of conditions of the permit. Mr. Youn came forward again to take issue with the Farmer's Market estimate of 60 vendor's stalls taking up 72 parking stalls. He figures 110 is a more accurate requirement for stalls and vendor vehicles. He is concerned that the overflow parking will go to Tatum Street, as it does during the State Fair, and that this is not fair to residents on Tatum. In response to a question from Commissioner Harris, Ms. Worthington said that she had not seen Mr. Youn's analysis before this evening and added that the number of vendors could be limited in the IUP if necessary. Mr. Rajec asked for clarification of the difference between the proposed hours for the market and the hours listed in the ordinance. Ms. Worthington said that the ordinance needs to allow "reasonable" business hours under state statute; the IUP can restrict the hours more specifically. The proposed market will only operate from 8:00 a.m. to 12:00 noon. Ms. Felicia Busch of Lindig Street spoke in favor of the Farmer's Market as an asset to the community. It will be healthy for people to walk to it and buy fresh produce. She is also recently hired by TCC and confirms that their intention is only to provide a service to the community. Ms. Amel Soliman, recent purchaser of a home on Garden Avenue, expressed her misgivings about the proximity of the Farmer's Market to her home. She and her family are concerned about traffic, people cutting through her property, property values, possible loss of privacy, litter, noise, and the conduct of the vendors and customers. She asked who is the responsible party if there is a problem? Could the permit be revoked if conditions are not met? If the City is not gaining any benefit, she asked, why are we giving the Farmer's Market this break? Commissioner Harris asked how the City would get assurance of the list of things the Farmer's Market promised at the November meeting. City Attorney Knutson replied that the things on the list could be built into the I.U.P. In response to a question from Commissioner Maher, he said that one year (or one season, in effect) would be the shortest reasonable time for the permit. Cindy Hartley, Facilities Manager of Twin City Co-ops spoke next to address some of the residents' concerns. TCC is a community, she said, that likes to be involved in the communities where they are located. They like to give something back, and they thought the Farmer's Market would be a good way to give back. She assured those present that she would be on site during the market every week to make sure the Co-op and the Market are good neighbors. They are also concerned about traffic, parking and conduct, and they will be watching. Commissioner Lageson wondered if the TCC site is really a good place for the Farmer's Market, as it is so much more out of the way than Har Mar. Ms. Hartley replied that people find out where the market is and seek it out and that the Farmer's Market thought TCC would be a good location. Commissioner Lageson asked about restroom facilities. Ms. Hartley said the building would not be open for that use but that they were looking at alternatives, such as portable facilities. In response to a question from Councilmember Lindstrom, Ms. Hartley assured the Commission that the vendors would be cleared out by 1:00 p.m. In response to a question from Commissioner Tracy, Ms. Hartley said that TCC, as the landowner, would have the power to make the market leave the location if they do not keep their promises. Ms. Worthington pointed out, for clarification, that the TCC facility on Larpenteur is an administrative office, not a walk-in banking facility that would benefit from the extra traffic. Mr. Sherif Tawfic of Garden Avenue asked why the Farmer's Market is leaving Har Mar. Commissioners answered that the new Cub Foods store does not like the competition and Har Mar had raised the rent. Mr. Tawfic asked how frequently the permit would be evaluated and whether residents' feedback would be taken into account. City Attorney Knutson said that this would depend on what the City Council eventually decided. He suggests one year. Mr. Wayne Wakefield of Lindig Street spoke next, calling the market "a good thing for the city." He said he is not concerned about the traffic. Commissioner Lageson addressed the representative from the Farmer's Market who was filling in for Jack Gerton, and asked if the Farmer's Market had considered any other locations. She said this location was offered to them, so they had jumped at it. Most of their locations are in church parking lots that are much smaller. Vendors are responsible for cleaning up their space; they are fined if they do not clean up. Mr. Dennis Porter, owner of DJ's Embers America, spoke in favor of the market. He said he is encouraged to hear of more potential customers for his business coming through the city on Tuesday mornings and feels it would benefit other local businesses in the community. As a Farmer's Market customer for his restaurant, he has found customers to be polite, courteous, ecologically concerned and economically minded. In response to a question from Ms. Soliman, Ms. Worthington explained that the interim use permit is based on the conditional use permit, which has landscaping requirements. Since the Farmer's Market is only in operation one day per week, it does not make sense to apply that requirement. There being no further comments, the public hearing was closed. At the request of Commissioner Harris for clarification of the process, Mr. Knutson said that there are two steps: (1) approval of the ordinance presently under consideration and (2) the actual permit. Tracy moved, Harris seconded, that the Commission recommend approval of the ordinance to the City Council. The following points were made in the discussion: In the definition section, "produce" is assumed to mean "fruits and vegetables," but the Commissioners can change the definition if they so desire. In the section establishing the general Interim Use Permit, a proposed use may meet one of the qualifications but not all three. Conditions for termination of the IUP are out of the state statute - an end date or the event of not meeting the conditions. If the City decided the Farmer's Market was not a desirable use after all, the City could amend the code to remove the Farmer's Market as an Interim Use. If produce is all sold early, the market can close early, according to the Farmer's Market representative. St. Paul Farmer's Markets now sell bedding plants, flowers, fruits and vegetables, some meat and cheeses, salsa made by vendors, some baked goods. Other St. Paul Farmer's Market sites have operated for many years without major problems. The site at St. Luke's has very little off-street parking. Several commissioners commented that the impact of the Farmer's Market would be much less than the State Fair. What about operating the Market during the State Fair when the fire department hosts parking in the TCC lot? Ms. Worthington and Ms. Hartley said that issue had been discussed. The TCC lot does not fill up until after 2:00 p.m., so there would be little overlap. The ordinance before the Commission, if passed tonight, does not grant the actual Interim Use Permit, which will be applied for after passage of the ordinance. The Commission has the opportunity to make changes in the ordinance at this stage. Specific conditions can be set either in the ordinance or in the permit, but it is better to make the ordinance more general and the permit more specific. Staff will work with TCC to craft the IUP that will go before the Commission and then the Council. The Commissioners can recommend specific conditions to be added to the permit. The conditions set forth in Section 3 of the ordinance make it unlikely that any other site in the city would qualify to host the Farmer's Market. This ordinance will not open the way for roadside produce booths like several that exist in Roseville. These are not a permitted use in any zone of Falcon Heights. In response to questions from the Commissioners, Mr. Knutson said the alternatives for the Commission are (1) to table the motion, in which case the matter would be resumed without another public hearing, (2) reject the ordinance, that is, recommend against approval to the Council, or (3) vote to recommend approval, with whatever changes they wish to make. Ms. Worthington said that delaying another month would handicap the ability of the Market to get going at this site in the 2003 season. Commission Harris moved to amend the motion on the floor by changing the definition in Section 1 of the ordinance to read "farm products" instead of produce. Maher seconded. The motion passed, 4 to 2. There was further discussion by the commission on the original motion. Commissioner Ryan expressed concern about the definition of items that may be sold. Ms. Worthington said that residents have been "loud and clear" about not allowing a Minneapolis-type market or flea market. The St. Paul Farmer's Market is much more restrictive in allowing only items vendors grow or make themselves. In creating the definition, staff was trying to give a simple general definition. The permit can give more specific restrictions. Commissioner Ryan asked about liability. Ms. Hartley replied that the Farmers Market is liable and carries a one million dollar binder. A vote was then taken on the motion. Motion carried. The ordinance is recommended for approval to the City Council. INFORMATION AND ANNOUNCEMENTS. Commissioners had received a copy of a letter from Lynnanne Warren of the Northome neighborhood to the City Council, expressing some concerns about garage heights in the city. This was referred by the Council to the Planning Commission for information, with no action required at this time. Ms. Worthington said that Staff does not recommend taking this issue up now because the resources are not available to address it. Last year's lot coverage study consumed a lot of staff and consultant time that is not available this year. Councilmember Lindstrom recommended taking another look at the issue later in the year when the Southeast Corner matters are more settled. Commissioner Harris expressed a strong desire for the Commission to go on record as supporting the bullet points in the notes on the November 26 meeting as advice to Staff and the City Council in approving the Farmer's Market permit. She moved, Maher seconded, that the Planning Commission should advise the City Council that the Commission's recommendation of approval of the IUP ordinance took into account that they expected the conditions listed in the above bullet points to be added to the Interim Use Permit. The following discussion made clear that only the appropriate points related to land use would be included. The Commission will receive a draft of the IUP before the next meeting on February 25. The vote was taken; the motion carried. City Administrator Worthington gave a brief update on the Southeast Corner project. The items passed this evening will go to the City Council on February 12. There will be a community meeting on Thursday, February 20, to give the latest information on the development to all neighbors. The developer has been working with the current tenants on relocation; all but two have been successfully relocated. In spite of extra effort by Sherman Associates and City, a location has not been found for the bowling alley. Demolition is expected to begin in July, with groundbreaking in August. There will be a walk-through of the site for the Council and Commission on February 22. Commissioner Lageson asked about the garage litigation case of last year. Ms. Worthington told the Commission that the City took the case to court and did prevail and, as a result, the resident had brought his shed into compliance with the code. Councilmember Lindstrom reported that the City Council passed the lot coverage amendment unanimously after vigorous debate. He extended the thanks of the Council to the Commission for their hard work this issue. ADJOURN The meeting was adjourned at 9:00 p.m. Respectfully submitted, Deborah Jones, Staff Liaison