Loading...
HomeMy WebLinkAboutMinutes06_0822City of Falcon Heights Planning Commission Minutes August 22, 2006 PRESENT: Commissioners Lageson, Rodich, Ryan, Tracy, Council Liaison Kuettel, City Administrator Miller, City Attorney Andrea Poehler, Staff Liaison Jones. ABSENT: Lukermann and Mercer-Taylor (with notice), DeLeo A quorum being present, the meeting was called to order at 7:04 p.m. by the chair, Commissioner Ryan. PUBLIC HEARING: Ordinance Amending the Falcon Heights City Code Concerning Drive-throughs Zoning and Planning Coordinator Jones presented a brief review of the process to date on this issue, noting that a complete history, with relevant documents, is available on the City website. After receiving the final report on the study in July, the City Council voted in support of changes to the City Code that would restrict drive-throughs to banks and financial institutions in B-2, with additional new zoning restrictions. The proposed new ordinance has been made widely available and is attached to these minutes. Existing gas stations would not be affected. State laws require the Planning Commission to hold a hearing on this proposed change to the zoning code and to make a recommendation to the Council. Commissioner Tracy asked about the rationale for the Council’s exception for banks. Councilmember Kuettel replied that the Mayor proposed the exception to make the amendments more business friendly. The Council felt that the B-2 properties are large enough to accommodate this type of business. Jones added that the present language of the code does permit the bank-related use as an accessory use in B-2; thus this change is smaller than the complete prohibition recommended by the consultant in the study report. Commissioner Lageson asked for clarification for B-1 and B-3. Would no drive-throughs be allowed under any circumstances? Councilmember Kuettel confirmed that they would not and that the use in B-2 (for banks) would be conditional. Jones read the proposed ordinance draft aloud for the audience. The public hearing was opened. The first person to speak was Dino Adamidis, owner of Dino’s, 1700 Snelling. He presented his recollections of the process conducted in 2003, when the first attempt was made to gain a lot coverage variance to allow the drive-through. He felt that he was promised that he would be able to have the drive-through if he waited a year. He feels the ordinance is aimed just at his business and is unjustified. Virginia Blaise, 1532 Crawford, said that from the beginning the Crawford neighbors have been against the drive-through. Crawford has always been used as a cut-off by drivers trying to avoid the Snelling-Larpenteur intersection, which has created a traffic problem in the neighborhood. Since Dino’s opened the traffic in the alley has increased, and drivers speed through the alley. She is amazed there have not been any accidents. One evening she counted 15 vehicles down the alley within 20 minutes. Snelling/Larpenteur is one of the busiest intersections in the state and to put a drive-through close to it is going to create further problems for the neighborhood. Wendy Noble, 1539 Crawford, said she has been involved in the process since early on. It was her understanding that when the 2003 variance was withdrawn, that there was no possibility of a future drive-through. She did not know of any commitment that was made to Mr. Adamidis and said that if she had known, she would have been active in any city process giving input into the original design of the restaurant. She had been under the impression that the withdrawal of the 2003 variance meant that Dino’s had understood the neighborhood opposition. She supports the restaurant and local businesses but feels that there should be some give and take, and in such a crowded, fully developed area, the needs of the residents need to be given as much priority as the desires of businesses. This is true not just about the Snelling and Larpenteur but throughout the City. Falcon Heights is just not designed for drive-throughs. Commissioner Ryan reminded the audience that this process is not just about Dino’s but for a city-wide ordinance. Mr. Adamidis came to the podium again to say that the drive-through window is not just to increase his restaurant’s business but to provide a public service, that they want to help people who do not want to get out of their cars. He said he does not think his customers use the alleys but that Jimmy John’s drivers and customers use his driveways, and the traffic cannot be blamed on Dino’s. Ms. Noble returned to the podium to make it clear that her previous statements referred not just to Dino’s but to all the small business properties, such as the dry cleaner on Larpenteur. These would not be suitable for drive-throughs. There being no one else who wished to speak, the hearing was closed. DISCUSSION AND ACTION: Ordinance Amendment Concerning Drive-throughs. Commissioner Lageson asked the City Attorney how difficult or easy it is to combine lots and how difficult or easy it is to change zoning on a property. Ms. Poehler explained that combining lots is a simple matter of applying to the county for a combined PIN number. Rezoning would require application to the City Council and an approval process. Jones added that it might also require an amendment to the comprehensive plan. Councilmember Kuettel repeated that the Council decided to go through with the study for the purposes of the whole city, although his property was at the forefront in prompting the study. She received some clarification from City Administrator on how the new ordinance removes the possibility of drive-throughs in B-1 and B-3 zones. Commissioner Ryan expressed concern that B-1 lots could be combined (for instance at Hamline and Hoyt) to meet the size requirement and then rezoned to meet the requirements in the new ordinance, some time in the future. Jones pointed out that in the case he mentioned there would still be problems meeting the other distance requirements. Mr. Lageson asked why 30,000 square feet was chosen. In view of the possibility raised by Mr. Ryan, he would favor an increase to 35,000 square feet. He also objects to the use being restricted to banks and financial institutions as he objects on principle to this kind of distinction, and he is concerned about 24 hour ATMs. He also expressed concern about the requirement of a traffic study since the ordinance does not say anything about the results of the traffic study. [In fact the proposed ordinance specifies: “A traffic study must be completed documenting that the drive-through facility will not create traffic problems.”] Mr. Ryan and Mr. Tracy said they were also concerned that the 30,00 square foot figure might be too small. Why not make it even larger than 35,000 square feet? Mr. Lageson asked about the application of the stacking lane provision to pick-up type restaurants like Applebee’s. Ms. Poehler said she did not think that “stacking” lane generally applies to special parking for pick-up lanes. Mr. Lageson worried that a business’s attorney might argue that the parking places for curbside pickup could be counted as part of the stacking lane. City Administrator Miller said he couldn’t presume to speak for the Council, but he felt that the type of use being discussed is much less intrusive to near-by residents because the parking places are there already. Mr. Ryan said that he though a provision to require visual shielding should be included in the ordinance, because this issue was prominent in the public meetings. He also felt speaker noise should be inaudible from adjoining commercial properties as well as residential. Commissioner Rodich said that he attended all the public meetings, and he felt that the ordinance proposed by the Council is a good representation of the feelings expressed by the residents in those meetings. He also agrees with some of the comments this evening. Ms. Kuettel responded to Mr. Lageson’s comment about the traffic study. She said it was not the Council’s intent to make extra work or expense for anyone but to guide the design of future facilities, that there are bona fide reasons, not a desire to make applicants jump through hoops. Mr. Ryan suggested going through the proposed ordinance and try to agree on any proposed changes, then make a motion on a revised ordinance. In the ensuing discussion, the Commissioners accepted the following changes by consensus. Remove the restriction to banks and financial institutions. (in Sections 1 and 3) Add a requirement for visual screening to Section 2. Increase the minimum lot size to 35,000 square feet. In addition, the Commissioners asked the Council for clarification on Section 2. b., whether the 75 foot distance requirement applies to the entrance and exit of the drive-through lane or to its entirety. For the traffic study requirement, the study would have to be funded by the applicant and subject to review with the rest of the application. Ms. Poehler said the language proposed is broad enough. Mr. Miller said it is customary for the applicant to hire the consultant to do the study, and the City analyzes the data. Ms. Poehler added that the phrase “the drive-through facility will not create traffic problems” give the city broad latitude in determining the existence of a traffic problem. Lageson moved, Rodich seconded, that the Commission recommend approval of the ordinance with the changes agreed upon and under the condition that the drive-through lane issue be clarified by the Council. There was no further discussion. Motion passed unanimously. The final decision will go to the City Council in September. Recodification of the Zoning Chapter of the City Code Commissioners previously received a list of 71 items of questions, comments and concerns that have been raised by commissioners and staff about the proposed new chapter. Jones assured the Commission that Staff has gone through the chapter line by line. The Commission is only required by Minnesota law to “make a recommendation”; it is not necessary to recommend a final draft. There is still work to be done at the Council level and afterward. The Commission can recommend approval of the chapter with provision that all the concerns and questions be addressed. Commissioners may even recommend additional changes or record additional questions and concerns after taking action this evening; this is a work in progress. In response to a question from Mr. Rodich, Jones said that the way things have been working is that questions that have arisen have been answered as we go along, but actual changes in the draft will be made all at once at the end. There being no additional discussion, Tracy moved and Lageson seconded that the Commission recommend approval of the chapter, with the list of questions to be addressed. The motion was approved unanimously. MINUTES: The minutes for July 25, 2006, were approved. INFORMATION AND ANNOUNCEMENTS: Jones reminded everyone that the annual city-wide garage sale is coming up on September 16. Participation is open to all residents. If they want to be on the published list, they should call City Hall and sign up. The City makes no guarantees; the list and map are the best effort to reflect the latest information when they are published. The following week is the Neighborhood Clean-up at the State Fairground. Evidence of residency is required. Ms. Jones reminded people that wood waste and brush is not accepted at the event, that this material can be taken to the compost center down on Pierce Butler. More information will be available in the flyer that will be mailed out. Mr. Lageson asked about the landscaped cutouts on Roselawn. Who would be responsible for maintenance? Mr. Jones said she would find out. Mr. Kuettel said it was her understanding that the city would do the planting and that one resident would be responsible for the additional cut-out they had requested. Mr. Lageson also asked about the signs at the Falcon Heights Town Square, some of which have been there for a long time. Jones said staff would talk to the developer. She pointed out that there is still unleased commercial space and it is in the City’s interest to allow the developer some leeway in order to rent that space. Ms. Kuettel pointed out the town homes are still for sale. Mr. Lageson said he has yet to see the drainage pond at Curtiss Field dry this summer. He thought it was supposed to be dry and asked what happened. Ms. Jones said she would have to refer that question to the Public Works department. ADJOURNMENT The Planning Commission meeting adjourned at 8:27 p.m. Respectfully submitted, Deborah Jones, Staff Liaison