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PL PACKET 10212003
Meeting Sheet 11111 till III 1 111 11111 11111 1111 1111 102900 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 10212003 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA OCTOBER 21, 2003 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record, and limit their remarks to'five minutes. 5. APPROVAL OF AGENDA 6. MEETING MINUTES 6.1 Review and Approve Planning Commission Minutes of September 16, 2003 7. COMMUNICATION WITH CITY COUNCIL 7.1 Designate a Planning Commissioner to the October 28, 2003 City Council Meeting 8. PUBLIC HEARINGS 8.1 Autumn Woods II, LLP, 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace, amend Planned Unit Development (PUD)for an additional 38 units of adult rental housing 9. UNFINISHED BUSINESS 9.1 St. Anthony Shopping Center, LLC, 2900 Pentagon Drive, continuation of public hearing to amend comprehensive sign plan 10. INFORMATION AND DISCUSSION '10.1 Adult day care in Industrial zoning district 10.2 Opinion signs in residentially zoned districts 11. ANNOUNCEMENTS 12. ADJOURNMENT Planning Commission Meeting Minutes September 16, 2003 Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 September 16, 2003 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Chair Melsha called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Melsha; Vice Chair Stille; Commissioners Hanson, 17 Hoska, Steeves, Siromgren and Tillman. 18 19 Absent: None. 20 21 Also present: City Engineer, Todd Hubmer, WSB & Associates; Assistant City 22 Manager Susan Hall; Planning Consultant, John Shardlow,DSU; 23 Assistant City Attorney, Christopher Smith. 24 25 IV. PUBLIC INPUT. 26 27 No one stepped forward. 28 29 V. APPROVAL OF AGENDA. 30 31 Motion by Commissioner Stille, second by Commissioner Tillman, to approve the meeting 32 agenda as presented. 33 34 Motion carried unanimously. 35 36 VI. MEETING MINUTES. 37 6.1 Review and Approval -Planning Commission Minutes of August 19, 2003. 38 39 Commissioner Stromgren referenced page 8, line 3 stating that it should read `there is a variety 40 that includes the 1950-60's ramblers not starter mansions that include...' 41 42 Motion by Commissioner Stromgren, second by Commissioner Steeves, to approve the Planning 43 Commission meeting minutes of August 19, 2003 as amended. 44 45 Motion carried unanimously. 46 Planning Commission Meeting Minutes September 16, 2003 Page 2 1 VII. COMMUNICATION WITH CITY COUNCIL. 2 7.1 Designate a Planning Commission member to the September 23, 2003 City Council 3 Meeting. 4 5 Chair Melsha noted that Vice Chair Stille has indicated that he would be available to attend the 6 next City Council meeting on September 23, 2003. 7 8 VIII. PUBLIC HEARINGS. 9 8.1 Northgate Condominium Owner's Association and LeRoy Sign Company, 2500 10 Highway 88, Setback Variance from Roadwgy for a New Ground Sign. 11 12 Chair Melsha opened the public hearing at 7:04 p.m. 13 14 Susan Hall stated that the Northgate Office Park, located at 2500 Highway 88, has submitted a 15 sign variance request for a proposed ground sign. She explained that the variance request is for a 16 three-foot setback variance to allow for a 12-foot setback from the roadway. She stated that in 17 the July the applicant proposed a pylon sign for the front of their building noting that at the time, 18 the applicant also presented other variance requests. She stated that City Council denied the 19 application because it veered too far from the City's sign ordinance. 20 21 Ms. Hall stated that the applicant is returning to the City with an application for a ground sign 22 and is asking for one variance for a three-foot setback variance from the roadway to allow for a 23 12-foot setback. She explained that the variance request is necessary because City ordinance 24 states that ground signs be located at least 15 feet from any street or other easement. She stated 25 that this setback is from the east property line and is necessary so that the sign does not interfere 26 with traffic flow. She noted that the applicant states that no further signage is proposed in the 27 foreseeable future and the unsightly former drive-up teller has been removed. 28 29 Ms. Hall reviewed the lighting with the Commission stating that the inside lighting should be 30 clarified. She stated that the landscaping would be basically unchanged except for the addition 31 of small shrubs or bushes around the base of the sign support. She reviewed the proposed 32 landscaping with the Commission noting that it is not shown on the current plan. She stated that 33 the City would require a landscaping plan prior to building permit approval because City 34 ordinance requires that a ground sign must be landscaped. 35 36 Ms. Hall stated that the applicant has presented a ground sign that is aesthetically pleasing and 37 meets the city ordinance requirements. She stated that Staff recommends approval of the 38 variance request with the condition that prior to building permit approval, the applicant submits a 39 landscaping plan for the ground sign. 40 Planning Commission Meeting Minutes September 16, 2003 Page 3 1 Jerry Kellgren, Building Manager, reviewed the proposal with the Commission stating that the 2 proposed sign conforms to all of the City ordinance requirements except for the 15-foot setback 3 from the property line. He explained that in order to avoid affecting traffic flow in and out of the 4 parking lot they would like to place the sign as close as possible to the east edge of the lot. He 5 stated that no further signage is planned adding that the former drive-up teller has been removed. 6 He clarified the lighting noting that they anticipate lighting to be from dusk to midnight. He 7 reviewed the proposed landscaping with the Commission noting that it would remain basically 8 unchanged except for the addition of small shrubs around the base of the sign. 9 10 Commissioner Hanson asked if any consideration has been given to moving the garbage 11 dumpster. Mr. Kellgren stated that they considered other locations for the dumpster and 12 explained that because there is no truck access to the back of the building the dumpster has to 13 remain in the currently proposed location. 14 15 Commissioner Tillman referenced the shrubs around the basin and asked if there would be a 16 border or step up from the asphalt. Mr. Kellgren clarified that it would step up from the asphalt 17 and that edging would be included around the base. 18 19 Chair Melsha asked if they would have the landscaping plan available by spring. Mr. Kellgren 20 stated that the landscaping plan would be ready for review by Spring 2004. 21 22 Vice Chair Stille asked Ms. Hall if a deposit would be required. Ms. Hall stated that a deposit is 23 an option adding that a building permit is required before anything can begin. She reviewed the 24 permit process with the Commission. 25 26 Chair Melsha closed the public hearing at 7:14 p.m. 27 28 Commissioner Tillman asked if issuance of the permit could be made contingent upon presenting 29 a landscaping plan for final review. Chair Melsha agreed and asked how it would be addressed. 30 Ms. Hall stated that the applicant would be required to present the landscaping plan at the time 31 they apply for the permit. She assured the Commission that the City has not had very many 32 problems with this kind of application. 33 34 Motion by Commissioner Tillman, second by Commissioner Stromgren, to recommend approval 35 of the 3-foot variance request of the Northgate sign due to the triangular shape of the lot; that it 36 does not alter the character of the area and that a landscaping plan is submitted for review and 37 completed in Spring 2004. 38 39 Motion carried unanimously. 40 _ 41 8.2 St Anthony Shopping Center LLC 2900 Pentagon Drive, Amend Comprehensive Sign 42 Plan. 43 44 Chair Melsha opened the Public Hearing at 7:18 p.m. 45 Planning Commission Meeting Minutes September 16, 2003 Page 4 1 Susan Hall stated that on August 19, 2003 the Planning Commission held the initial public 2 hearing for the St. Anthony Shopping Center, LLC Comprehensive Sign Plan amendment 3 request and that on August 26, 2003 the City Council referred the issue back to the Planning 4 Commission for further evaluation. She explained that the Council felt that it did not match the 5 intention and that they would like a more consistent look to the original sign plan. 6 7 Jim Crockrow, Co-Owner-St. Anthony Shopping Center, LLC, stated that the owners of the 8 businesses, Subway and Bumper to Bumper, and Dan Lee were available for questions. He 9 stated that they understand City Council's request to review and modify the original request, 10 noting that the Planning Commission recommended approval at the August 2003 meeting. He 11 asked the Planning Commission for their assistance in determining what should be sent back to 12 Council. He stated that they could continue to table the amendment request to work further on 13 the design criteria and suggested that the two tenants in question, Subway and Bumper to 14 Bumper, could request a variance for their sign designs. He explained that both tenants are 15 known nationwide and that the signs are very important to their recognition. He reviewed the 16 signage with the Commission stating that they would like to give their national tenants the 17 consistency that is known nationwide. He stated that as owners, they would like to modify the 18 sign criteria so that they would be able to attract and bring in more national tenants. He stated 19 that this would provide better services to the residents. 20 21 Mr. Crockrow explained that the shopping center sign criteria is old and should be updated. The 22 Commission agreed that the.sign criteria should be revised for both current and future tenants. 23 Everyone agreed that they want to attract national tenants noting that they do not object to the 24 national sign criteria. The Commission agreed that they would like to be able to consider 25 something newer and more modern to the times. 26 27 Mr. Crockrow stated that presently it is very difficult to determine where a specific tenant is 28 located in the center because all of the signs look the same. The Commission agreed that the 29 sign criteria should be revised adding that it would be an improvement for both the tenants and 30 the City. 31 32 Chair Melsha stated that he would prefer an approach with non-variance criteria. He noted that 33 one of the Council members suggested a more stylized sign with individualized lettering and/or a 34 smaller logo sign. He noted that the Council has stated that the signage be more consistent with 35 the shopping center. 36 37 Owner of Bumper to Bumper provided the Commission with an example of the current sign that 38 is used nationwide. He explained that the logo is very important. He reviewed the size and 39 coloring with the Commission and emphasized that they need to include the two logos on the 40 sign. Chair Melsha stated that they could have a logo as long as it is a consistent. 41 42 Mr. Crockrow clarified that what the Planning Commission recommended for approval was sent 43 to the City Council for review. Chair Melsha confirmed that it was. 44 Planning Commission Meeting Minutes September 16, 2003 Page 5 1 Commissioner Stromgren asked for clarification of the size of the logo. Owner—Bumper to 2 Bumper clarified that each logo is 3x24 and reviewed the proposed signage with the 3 Commission. 4 5 Commissioner Hanson asked for clarification of the total length of the frontage. Owner-Bumper 6 to Bumper clarified that the frontage is 40-feet. 7 8 Chair Melsha suggested that they formulate the amendment with their feedback in mind come 9 back for a review with the Commission. 10 11 Commissioner Hanson suggested that they consider yellow letters and reconsider the logo. He 12 stated that they should only allow one logo and that they should only go 60% of the frontage, 13 which would be 24-feet. 14 15 Commissioner Stromgren asked if the current language prohibits sign boxes. Mr. Crockrow 16 stated that the original language does not allow for anything other than lettering. He stated that 17 they are willing to the limit the lettering and reviewed with the Commission. 18 19 Commissioner Tillman asked if this type of issue is common in other shopping centers. Mr. 20 Crockrow stated that he is not aware of other centers that have such restrictive language. He 21 stated that the center is a bit dated as far as signage and reviewed with the Commission. He 22 stated that he has reviewed signage at other centers noting that many-allow backlit letters in a 23 variety of colors that also include logos. He explained that what they want is for each sign to 24 visible and stand out to that it becomes more recognizable. 25 26 Commissioner Tillman stated that she drove past the Quarry and noticed that each store had their 27 own sign,noting that it looks fine. She clarified that the important issue is that the signs tie 28 together yet allow recognition. She suggested that they try to find another way to determine a 29 unified look that is not based on the lettering. 30 31 Mr. Crockrow agreed stating that they are separated enough so that the different colors and logos 32 would be much more compatible. 33 34 Chair Melsha stated that he would prefer not to negotiate significant amendments at this time 35 and suggested that they come back with an amended, restated sign plan for further review. He 36 asked if this would be reasonable for the tenants. 37 38 Mr. Crockrow explained that Subway wants to get started adding that Subway is scheduled to 39 meet with the City Council next week. He stated that they should add a few words to the draft to 40 clarify the signage noting that everything they have is in the agreement. He explained that they 41 need assistance from the Commission in clarifying what they could take to Council next week. 42 43 Commissioner Tillman expressed concerns stating that she does not think it would pass as it is 44 stated right now. Vice Chair Stille agreed stating that this is where the discussion should take 45 place regarding modification to the signage plan. 46 Planning Commission Meeting Minutes September 16, 2003 Page 6 1 Mr. Crockrow clarified his understanding that the Planning Commission would prefer that the 2 sign language be revised and presented to the Planning Commission for further review at next 3 month's meeting and then present to City Council. Chair Melsha confirmed that this would be 4 their preference. 5 6 Vice Chair Stille asked if Subway could use a temporary sign until everything has been 7 approved. Wally Furnanda, Subway, explained that his Development Agent has stated that they 8 are having issues with the sign noting that he does not know, in depth, what has transpired. He 9 stated that he would discuss this further with his Development Agent adding that he would like a 10 swift resolution to this issue because the opening is planned for October 1, 2003. 11 12 Chair Melsha asked if there is anything they could do, on a short-term basis, until a decision is 13 made. Mr. Furnanda stated that he would go forward with whatever is recommended. 14 15 Commissioner Hanson asked if the Subway Corporation would prevent them from opening 16 without the proper signage. Mr. Furnanda confirmed that this could be a possibility and 17 reviewed his concerns with the Commission. 18 19 Vice Chair Stille clarified that the only issue with the Subway sign is the color. Mr. Crockrow 20 confirmed that color is the issue. 21 22 Chair Melsha suggested including an amendment to add yellow and revise to include 23 dimensions. 24 25 Mr. Crockrow suggested including a revision that the logos would be no larger than 3x6 feet 26 adding that everything else is covered. 27 28 Commissioner Hoska suggested that no more than two logo signs be allowed. Mr. Crockrow 29 explained that Bumper to Bumper is unique adding that he cannot imagine any other tenant 30 requiring two logos. 31 32 Commissioner Hanson stated that there is another national tenant that is considering a location in 33 the center and that this issue will come before them again. He stated that he sees two issues, 34 adding yellow versus red and the size of the sign. He asked what portion of the 60%would be 35 allowed for a logo sign. 36 37 Chair Melsha stated one 3x6 logo sign is reasonable adding that two logo signs are too much. 38 He stated that a public hearing.is not the place to negotiate these issues. Commissioner Tillman 39 agreed stating that the dimensions and percentages should be worked out. 40 41 Owner-Bumper to Bumper stated that they are ok with waiting until next month on the signage. 42 43 Mr. Crockrow asked the Commission if they could accommodate Subway due to their meeting 44 with City Council next week. He suggested that they work on the rest of the signage criteria for 45 review next month. He explained that the Subway sign is uniform nationwide and 46 acknowledged the need to conform to city ordinance. He acknowledged that the City of St. Planning Commission Meeting Minutes September 16, 2003 Page 7 1 Anthony is a community that does not want national signage and that they want to respect that 2 concern. 3 4 Chair Melsha suggested that they work with Staff to formulate the criteria. 5 6 Chair Melsha closed the Public Hearing at 7:47 p.m. 7 8 Chair Melsha clarified that they are recommending an amendment to the sign plan that would 9 allow the color yellow. Ms. Hall clarified the lettering is more stylized. 10 11 Motion by Commissioner Hanson, second by Chair Melsha, to recommend adding the color 12 yellow to the current sign plan with St. Anthony Shopping Center, LLC and make note that all 13 other criteria will follow and that the amendment maintains the spirit and intent for the 14 Comprehensive Sign Plan for St. Anthony Shopping Center, LLC, 2900 Pentagon Drive. 15 16 Motion carried unanimously. 17 18 8.3 Apache Redevelopment LLC Silver Lane to the north, Silver Lake Road to the east; Soo 19 Line Railroad Ri t-of--Way to the south, and Stinson Boulevard to the west, Approve 20 Preliminary Development Plan and Preliminary Plat for Entire Project Area and Approve 21 the Final Development Plan and Final Plat for the Retail Portion. 22 23 Chair Melsha opened the Public Hearing at 7:48 p.m. 24 25 Susan Hall stated Apache Redevelopment, LLC,has submitted their Planned Unit Development 26 (PUD) application to the City. She explained that the Apache Redevelopment, LLC 27 development team consists of Pratt Ordway Properties,Robert Muir Company, Dominium, Inc. 28 and Hunt Associates. She stated that the City's Planning Consultant, DSU, has reviewed the 29 PUD application and found the application to be complete. She stated that John Shardlow of 30 DSU is present to review the PUD application with the Commission. 31 32 Mr. Shardlow provided a summary presentation of the planning report to the Commission. He 33 provided them with a basic orientation noting that the entire development team is present for 34 questions. He stated that it is important that everyone acknowledges that it would be rezoned to 35 a PUD that consists of two main steps, the preliminary development plan approval and the final 36 development plan approval. He clarified that the application under discussion is for both the 37 preliminary development approval for the entire development and the final development plan 38 approval for the retail portion. He stated that a binding contract is.recorded with the County and 39 explained that they are custom designing the zoning to fit this property. He stated that when the 40 plan is approved it would then be incorporated, by reference, into the agreement. He further 41 stated that the conditionls of approval would become binding going forward. He explained that a 42 PUD gives the City more discretion and the ability to require more information regarding the 43 design framework. He reviewed the general property description with Commission noting that 44 there are existing land uses that have not been included. He noted that the project consists of 45 land uses that include urban flats and additional freestanding retail buildings. He stated that the 46 first phase includes the Apache Plaza Mall, St. Anthony Village Liquor, Tires Plus, Apache Planning Commission Meeting Minutes September 16, 2003 Page 8 1 Square and Apache Office Park. He stated that the potential existing properties in phase two 2 include Fuel Mart, Don's Car Wash, Bakers Square, two car washes and Firestone, all of which 3 are located on Stinson Boulevard. He stated that the first phase could commence as early as 4 October, but most likely will be spring, which would include the urban flat units,market rate 5 rental, town homes and retail. 6 7 Chair Melsha clarified that they are not approving the entire project on a final basis and 8 referenced the western side of the area. He noted that they are contemplating breaking ground in 9 the fall and asked this would come back soon for approval. Mr. Shardlow confirmed that it 10 would. 11 12 Mr. Shardlow noted that one concern continues to be affordable housing. He stated that this has 13 been a very challenging and expensive redevelopment project and that it is important to note that 14 it is the intention of the developer to include affordable housing units through the apartment 15 complex. He stated that the developer has set aside 20-30% of the units for residents in the 16 lower income range. He explained that they couldn't commit to the affordable units until the 17 necessary funding has been achieved. He stated that they are presently working with the City 18 and the County on obtaining a portion of funding through the grant process and that they cannot 19 commit to this financially unless this is achieved. 20 21 Mr. Shardlow stated that another concern that has been expressed is with respect to the water 22 quality and Silver Lake. He stated that the Advisory Committee has recommended an Erosion 23 Sedimentation Plan as one requirement and is proposing to make this a condition of approval. 24 He explained that the project would be conditions on two permits, a national pollution discharge 25 maintenance permit and a watershed maintenance permit. He stated that they have also placed a 26 total of nine best practice maintenance plans into the planning report to address erosion control. 27 He explained that presently a large amount of the water drainage from the roof and parking lot 28 flows into Silver Lake and that the redesign would include several ponding areas. He stated that 29 the City has applied for a grant through the Rice Creek Watershed to have a chemical treatment 30 facility. He stated that this would eliminate 99% of the phosphorus and reviewed with the 31 Commission. 32 33 Mr. Shardlow reviewed highlights of their findings with the Planning Commission. He stated 34 that they found it to be consistent with the Comprehensive Plan and that the Comprehensive Plan 35 has been amended as a part of the process. He stated that the proposed project is consistent with 36 the zoning and is also consistent with the Northwest Quadrant Redevelopment Plan. He 37 reviewed the requirements and guidelines for the site design that would be incorporated, by 38 reference, into the project with the Commission. He stated that they plan to open the site with 39 new roadway access and reviewed with the Commission. He acknowledged the traffic concerns 40 noting that the roadways around the center were designed to carry high levels of traffic and 41 provided an overview to the Commission. He stated that the roadway system, including the 42 lighting, is consistent and could handle the traffic in the area. He stated that they would also be 43 introducing sidewalks,pedestrian and bike paths and metro transit to the area. 44 Planning Commission Meeting Minutes September 16, 2003 Page 9 1 Mr. Shardlow reviewed the objectives of the Livable Communities Act with the Commission. 2 He stated that the site has been identified by the Metropolitan Council as one of six opportunity 3 sites for and reviewed a graphic of the site plan with the Commission. 4 5 Mr. Shardlow referenced the level of the landscape commitment noting that the plan is very 6 heavily landscaped. He reviewed the proposed pedestrian system around the entire area with the 7 Commission stating that it would include trails that tie into the sidewalks. He stated that it 8 would also include extended sidewalks throughout development. He stated that they could 9 expect the park to be a strong visual entity and provided a graphic detail of the park component 10 for the Commission's review. He stated that the south side of the park would include seating 11 areas, water features, pond amenities and community gathering places. He stated that the 12 preliminary design plan has been completed that includes estimates for required funding. He 13 stated that they are seeking funding assistance from the Metropolitan Council. 14 15 Len Pratt,Developer, Pratt Ordway Properties, introduced the Development Team to the 16 Commission. He stated that they have been working with the City Staff for 18 months on this 17 project adding that they are ready to address concerns that were identified at the August meeting. 18 He stated that they would begin with the Silver Lake Road component and introduced Kelly 19 Doran. 20 21 Kelly Doran, President, Robert Muir Company, reviewed the history of the company and their 22 intent with the Commission. He explained that they like to self manage their properties and 23 create an image that allows customer to want to continue to frequent the shopping area. He 24 stated that quality is very important and reviewed previous projects with the Commission. He 25 stated that Miles Lindberg,URS and Kathy Anderson, KKE are present to answer any questions 26 the Commission might have. 27 28 Miles Lindberg, URS, provided the Commission with an overview of the site plan. He explained 29 that the structure of the project has two components adding that economically the discount retail 30 will be the engine that would provide the ability for smaller businesses to thrive and survive. He 31 stated that from an overall design, the goal is to find a way for all of the tenants to fit together 32 and integrate well. He stated that the development of 39`h is very important to the success of the 33 shopping center and that they intend to do this by using features and designs that include 34 parking, sidewalks, street furnishings and landscaping. He explained that the buildings located 35 along 39`h are generally smaller in scale and richer in detail in order to create a main street, 36 downtown theme. He acknowledged that access in and out of area is important stating that they 37 have set up a series of intersections along 39`h Avenue and reviewed with the Commission. He 38 stated that the landscaping would include large islands in parking lot areas and that they would 39 also incorporate a floral theme that would include raised planters and provide separators along 40 the walkways. He stated that the design detail includes an extensive overview of street elements 41 that include ornamental fencings, street furnishings and pedestrian lighting. 42 43 Kathy Anderson, KKE Architects,provided the Commission with an overview of the building 44 designs. She reviewed the main entrance of the center noting that they key monument features 45 would also be heavily landscaped. She reviewed the parking with the Commission noting that 46 they kept the diagonal parking as a convenience to the tenants. She explained that each building Planning Commission Meeting Minutes September 16, 2003 Page 10 1 would be four-sided and include entrances on both sides. She reviewed the skyline of the 2 buildings with the Commission noting that canopies are included to add to the skyline view. She 3 reviewed the park area with the Commission noting that the park entrance to the site could 4 possibly be incorporated as a bridge from the new resident area and older neighborhood. She 5 stated that this is a place that community would utilize and embrace. She stated that the large 6 national tenants are considered a backdrop to the center adding that the national tenants are what 7 the majority of consumers are coming for and reviewed the features with the Commission. 8 9 Ms. Anderson reviewed the small shop space with the Commission stating that variety is the key. 10 She explained that the stone materials, canopy shapes and art forms provides the site with the 11 appearance of an old main street. 12 13 Commissioner Tillman asked if the lights would match the rest of the village and would they be 14 similar to what is presently on 29`h street. Ms. Anderson explained that they would see a variety 15 of lighting adding that they are trying to keep it simple and referenced the lighting section of the 16 design framework manual.. 17 18 Mr. Lindberg referenced the illustrations in the design guideline and explained that they would 19 not be the exact same lighting and reviewed the various styles with the Commission. He stated 20 that they are leaning towards creating a historical image of the center that would be slightly 21 different from the rest of the City. 22 23 Commissioner Tillman clarified that the lighting would not spill over. Mr. Lindberg confirmed 24 and reviewed with the Commission. 25 26 Commissioner Hanson referenced the flow of traffic and asked if they were going to have both 27 stop signs and lights. Mr. Lindberg clarified stating that the first thing they reviewed was the 28 lane configurations and ensuring consistency. He explained that the parameter access would be 29 two-lane roadways with some separation of the turn lanes noting that this would handle the main 30 flow of traffic. 31 32 Commissioner Tillman asked for further clarification of the stop control areas. Mr. Lindberg 33 provided the Commission with a review of the areas and locations of the stop signs and lights. 34 35 Commissioner Stromgren asked if there was a traffic count study that would warrant a signal in 36 area. Mr. Lindberg stated that it has not been finalized and reviewed with Commission. 37 38 Commissioner Stromgren expressed concerns stating that the left hand turn lanes could be a 39 problem during rush hour traffic. Mr. Lindberg agreed and reviewed the access points with the 40 Commission. He noted that Cub Foods has three to four access points into the center. 41 42 Mr. Pratt stated that two firms would be involved in the residential component of the project and 43 introduced Dan Hunt, Hunt &Associates, stating that they would partner with Pratt-Ordway. He 44 stated that Karen Dubrosky and Mark Moorhouse, Dominiun, would also be involved in the 45 apartment complex noting that their main focus is in developing affordable rental housing. 46 Planning Commission Meeting Minutes September 16, 2003 Page 11 1 Dan Hunt, President, Hunt&Associates, stated that they have building quality urban housing 2 since 1997, which included condominiums, flats, and brownstones noting that they found their 3 niche over the years that provides housing with high quality architecture. He stated that Gary 4 Vogel, KKE Architects, would provide an overview for the Commission noting that he would 5 return at a later date with more detail. 6 7 Gary Vogel, KKE Architects, reviewed the residential housing plan for the west end of site with 8 the Commission. He explained that there would be three parts to the housing stating that the 9 northwest portion includes side by side townhomes, six buildings including urban townhomes 10 and flats and that Dominion Development would own and manage the market rate general 11 occupancy apartments. He stated that everything between 39`h Avenue and the railroad tracks 12 would be included in Phase 1 and that subsequent phases could include side-by-side townhomes. 13 He explained that all of the buildings that are on south side of 39`h are four-story buildings that 14 include underground parking. He also explained that a third of the parking is surface parking 15 with the remainder of the parking being located underground. He reviewed the proposed 16 landscaping noting that it would be consistent with the retail development. He provided the 17 Commission with an overview of the graphic images of the apartment buildings and the side-by- 18 side townhomes. He stated that they do not have created images for the future phase of side-by- 19 side townhomes and provided the Commission with photographs of similar projects on the river 20 front and warehouse districts for their review. 21 22 Karen Dubrosky,Dominiun, explained that 20-30% of the units would be set aside for area 23 median income, adding that this would be contingent on additional funding. She reviewed the 24 criteria for area median income with the Commission stating that it would correspond to the rent 25 and utility allowance for apartments. 26 27 Chair Melsha asked if the funding request would be a one time only request to help pay for 28 construction costs. Ms. Dubrosky confirmed that the funding would be used to help with 29 construction costs and reviewed with the Commission. She clarified that the market rate rental 30 for the apartments would be $1000 for a one bedroom towards $1800-$2000 for 2/3 bedrooms. 31 32 Mr. Pratt referenced the naming issues and asked if Victoria Young is present. He explained that 33 she had sent an email to City explained that she is qualified as a Historian and a History of 34 Architecture Professor and that she has suggested that they take care in the naming of this center. 35 He stated that Ms. Young has recommended that they incorporate the history of the site into the 36 name and suggested calling it `The Plaza at St. Anthony'. He encouraged input from the 37 Citizens of St. Anthony and also the Planning Commission and suggested that all 38 recommendations be forwarded for consideration by November 1, 2003. He suggested that the 39 individual who provides the chosen name for the center receive special recognition adding that 40 the form of recognition has not yet been decided. 41 42 Commissioner Hanson asked how many parking spots,per unit, are planned for the above 43 ground and underground parking areas. Ms. Dubrosky clarified that the market rate apartment 44 buildings would be 1.85 cars per unit with 2/3 of the parking located underground. 45 Planning Commission Meeting Minutes September 16, 2003 Page 12 1 Mr. Hunt clarified that the urban townhomes and flats would be 1.7 per unit with 2/3 located 2 underground. He stated that the future side by side's would have a 2-car garage with space 3 behind garage. 4 5 Commissioner Hanson asked for clarification of the parking provisions for the `for sale' flats. 6 Mr. Hunt explained that each unit would be provided one underground space and one above 7 ground space. 8 9 Commissioner Hanson asked what the price range would be for housing. Mr. Hunt clarified that 10 it would be between $160,000 - $400,000. 11 12 Vice Chair Stille asked Mr. Lindberg to clarify the retail parking allotment. He encouraged them 13 to maximize the efficiency of the site and suggested that they drop from 5 spaces per to 4.5 14 spaces per, which would provide more space that could be put to better use. Mr. Lindberg noted 15 that the deferred parking approach is popular throughout the metro area and that the developer is 16 presently working with a tenant whose preference is to be closer to the 5 spaces per thousand. 17 He stated that they would prefer having a competitive parking situation for adjoining retailers. 18 19 Mr. Doran clarified that the parking ratios for the main street buildings also approximates 5 per 20 thousand, which also includes public street parking. He stated that they are hopeful that the 21 major component is restaurants that would generate additional parking and reviewed with the 22 Commission. He stated that they have entered into a contract to purchase the Cub Foods 23 building and that they plan to conform its architecture to the rest of the development. 24 25 Commissioner Hanson noted that the Equinox Apartment complex is located along the frontage 26 and asked if the developers have had any discussions with the owners regarding landscaping. 27 Mr. Pratt agreed that the landscaping for this complex would provide continuum of the 28 landscaping along the common edge of 39`}'. He stated that Mark Moorhouse (Dominiun) did 29 speak with the owners of the Equinox complex adding that it is their plan to continue to maintain 30 ownership of the building. 31 32 Commissioner Hanson asked Mr. Shardlow at what point in the project would the sign plan be 33 presented. He expressed concerns stating that they want cohesiveness and asked how it would 34 be decided. Mr. Shardlow stated that location of the signage has been identified on the design 35 guides and that they could include, as a condition of approval, a review of the final sign location 36 and design. 37 38 Commissioner Hanson asked for clarification on the lighting. Mr. Shardlow stated that the 39 lighting would be finalized before construction begins. He stated that they have not made 40 decisions regarding the specific fixtures yet noting that the fixtures would be a common family 41 of lights throughout the development. 42 43 Commissioner Hanson asked if the City of St. Anthony allows guns to be sold within city limits. 44 Chair Melsha clarified that they do not allow gun sales within the city limits. 45 Planning Commission Meeting Minutes September 16, 2003 Page 13 1 Commissioner Hanson asked if they could include a statement that guns could not be sold at this 2 location. Assistant City Attorney Chris Smith clarified that federal rules and regulations are 3 available that discuss firearms noting that it would be somewhat limited. Commissioner Hanson 4 asked if firearms could be sold if they do not make it part of the conditions. He referenced 5 Walmart noting that they are the number one gun seller in the country and that it should be 6 clarified that they are being asked not to sell guns per City requirements. Assistant City 7 Attorney Smith stated that he would review the regulations and update the Commission. 8 9 Mr. Shardlow stated that he would also review regulations regarding the sale of firearms for City 10 Council. He stated that they are recommending that the Planning Commission recommend for 11 approval subject to several conditions that would also include all exhibits, the site plan, and all 12 documents that were included with the packet, the PUD concept plan, the design plan, the final 13 . plan for water and sewer, the finished grading plan and the final landscape and plat plan, subject 14 to approval by the City Engineer. He stated that the Developer would be responsible for 15 securing the Watershed prior to final approval. 16 17 Chair Melsha referenced the traffic flow on the site and asked what has been discussed regarding 18 the impact along the Stinson and 37`h. Mr. Shardlow referenced the Environmental Assessment 19 Study and level of service noting that the level of service takes impact into account. He 20 explained that typically, in a redevelopment project, this has already been analyzed noting that 21 Todd Hubmer of WSB & Associates, did the EAW. 22 23 Todd Hubmer stated that the completed traffic analysis shows that with a site like this the traffic 24 patters dissipate as it moves further away from the center and that they have found this to be true 25 and that it is consistent with this project. 26 27 Chair Melsha asked for a description of the financial difficulties with this project with respect to 28 uses and referenced the big box retail component. Mr. Shardlow stated that it has not been easy 29 nor has it lacked effort. He reviewed with the Commission stating that it should begin with the 30 re-grade, fill the site, and improve the water flow. He explained that the developer has been 31 asked to purchase the properties and assured the Commission that the individual owners would 32 be treated fairly. He noted that additional costs to the development included the purchase of 33 private properties noting that the Cub Foods Store also had some extensive rights to cross 34 easements, which had to be purchased. He stated that this has been a very expensive and 35 difficult project. 36 37 Chair Melsha stated that when this process began an analysis was done that showed that a lot of 38 retail in this area would not work and asked why the development team believes that this plan 39 would work for this location. Mr. Lindberg referenced the traffic study and the desire for a 40 traffic level A or B stating that they would prefer to see traffic at level D and reviewed with the 41 Commission. He explained that the fundamental reasons to make the main street successful is to 42 enhance what is going on around the Cub Foods Store. He stated that the area along the south 43 side is needed in order to drive the retail industry. He explained that the average shopping trip 44 has gone down from 58 minutes to 34 minutes and reviewed the study with the Commission. He 45 noted that the target market for most retailers are women between the ages of 24 to 45 and that 46 they should create an opportunity for the shopper to get in and out in 34 minutes. He stated that Planning Commission Meeting Minutes September 16, 2003 Page 14 1 they would prefer an alternative that provides a local experience versus having to go to another 2 location adding that the trip becomes more common for shopping, eating or going to the park. 3 4 Tricia Grimes, 3201 Townview, stated that the St. Anthony Housing Group have asked to be 5 included in the process. She explained that their goal would have been to identify 20% or 99 6 units as affordable housing and reviewed with the Commission. She stated that there are three to 7 four types of subsidies available and reviewed with the Commission. She stated that in return 8 for the subsidies that they would like to see local service workers included to service the areas 9 and that they would like to welcome the workers with an opportunity to live in St. Anthony. She 10 expressed her appreciation for all of the effort that has gone into the plans adding that they had 11 hoped for 20% of the housing to be identified as `affordable housing'. She asked the City to 12 consider asking the developer to research other possible funding options. She asked for further 13 clarification as to how many of the housing units would be identified for senior housing and how 14 many are identified for general public. She thanked the Planning Commission for their service 15 to the community. 16 17 Gary Braley, Braley Consulting, stated that his business is located in one of the endangered 18 office buildings, the Apache Office Park. He stated that he is happy to see that the area is going 19 to be redeveloped adding that from a business perspective he believes that affordable housing in 20 the area is vital. He stated that it is important to be able to afford to live in the area that one can 21 afford to work noting that housing costs have outpaced income levels. He expressed concerns 22 and encouraged the Commission to consider those who are providing services should be able to 23 have affordable housing. He stated that it is very important to have workers live in the 24 community and not be drive-in workers. 25 26 Mary Luckert stated that she is a business owner in the area noting that her business is located on 27 the corner of 39`h and Stinson. She asked what the timeline is and if they plan to redevelop that 28 area. Mr. Pratt clarified that the plan does not include anything along Stinson in first phase of 29 project and that they are looking at a two-year timeframe before inclusion. 30 31 Russ Esheioser, owner of Great Clips, asked if their business would be incorporated into the 32 design of the plan architecturally and would it include parking. Mr. Doran stated that they have 33 had some conversations with the owner of the building and have made some efforts to negotiate 34 acquisition of the building noting that they were not successful in their efforts. He explained that 35 unless the building is acquired there would be no modifications and that it would be up to the 36 owner of the building to modify. 37 38 John Lindstrom, 3371 Garfield Street, stated that he is a member of the St. Anthony Housing 39 group noting that he does not live in St. Anthony. He stated that he firmly believes that a 40 community should not be isolated to their particular needs. He referenced the affordable housing 41 and asked if it would only apply to the rental. He asked what would happen to the `For Sale' 42 homes. He provided a chart that reviewed the median income of the Twin City area noting that 43 public workers and teachers do not fall within the median wage range and suggested taking 10% 44 of the 20% to use for affordable `For Sale' housing. He reviewed his concerns with the 45 Commission and encouraged them to consider maintaining a diverse level of housing. 46 Planning Commission Meeting Minutes September 16, 2003 Page 15 1 Jake Cadwallader asked the City Attorney if it is proper to present this proposal for approval on 2 property without a redevelopment agreement or purchase of the property in the area. Mr. 3 Shardlow stated that they could not go forward without full site control. He reviewed the 4 process noting that it was explained by their Attorney that as a property owner they are 5 protected. 6 7 Mr. Cadwallader asked Mr. Pratt if he is holding 50% of ownership. Mr. Pratt explained that he 8 has 50% ownership with the retail and 50% ownership with Dan Hunt on the `for sale' properties 9 adding that Dominion would retain full ownership of the apartments. 10 11 Mr. Cadwallader asked if the City has approved the change of ownership. Mr. Pratt stated that it 12 has not yet been signed and reviewed the process noting that he has been very clear, all along, 13 regarding his percentage of ownership. Chair Melsha clarified that presently they are only 14 discussing and recommending approval for land uses. 15 16 Mr. Cadwallader asked if he is included in the redevelopment. He stated that the pictures show 17 that he is included but that his business is not on any sheets as included and asked if he is 18 excluded for the present and/or future. He explained that his business is located at 3800 Apache 19 Lane, south of 39`h. Mr. Pratt explained that the record shows that they are looking for 20 preliminary plat approval for the entire project and final plat approval for the retail. He clarified 21 that he has met with Mr. Cadwallader to discuss his concerns and reviewed with the 22 Commission. He explained that redevelopment properties, subject to T1F, must go through a 23 specific process and that he is trying to work things out with everyone involved. 24 25 Mr. Cadwallader expressed concerns stating that it is not appropriate for the Planning 26 Commission to approve anything until everything in the project is in place and agreed upon. He 27 suggested that they table their discussion until all concerns have been addressed. 28 29 Bruce Malkerson, the Developer's legal counsel, acknowledged that there could be a need for an 30 amendment as they move forward and reviewed the process with the Commission. He assured 31 the Commission that this is nothing out of the ordinary and that this is a commonplace process. 32 He stated that they would like to move forward and that they would work things out with each 33 property owner as they move forward in the process. 34 35 Stan Nelson, 3504 Maplewood Drive, expressed concerns regarding the traffic flow and 36 reviewed the circulation diagram he pulled from the project website. He referenced 39`h Avenue 37 and questioned whether he would be able to safely back out of a parking spot into moving traffic. 38 He referenced the transit stops noting that they occur where the street tends to narrows and that 39 when the bus stops it could block traffic, which would be an issue causing traffic backup in a 40 commercial area. He asked if it would be possible to include a curb cutout for the buses. He 41 noted that the smaller commercial buildings have to be serviced by trucks and asked where the 42 trucks would go and asked if there would be any safety issues with respect to servicing these 43 areas. He asked if he would be able to walk through the site from the south and if there would be 44 sidewalks along Silver Lake Road. 45 Planning Commission Meeting Minutes September 16, 2003 Page 16 1 Jeannette Dick, 3591 Harding, referenced the Blaine Project noting that the big box discount 2 center is set back on the site with a marsh located in the back area with no homes surrounding 3 the site. She expressed concerns stating that the project is too dense for the City of St. Anthony. 4 She asked if the project along 94/Radio Drive would have a big box retail on site noting that the 5 newest trend is small shops. 6 7 Chuck Haik, Resident, asked for further clarification on the urban flats and the townhomes. He 8 referenced the density issues and asked, as a community, are they trying to provide senior 9 residents with single level homes so that they can remain in the area. He expressed concerns that 10 this issue is not being addressed. 11 12 Mr. Shardlow addressed traffic issues to Mr. Nelson. He reviewed the safety issues concerning 13 the diagonal parking with the Commission noting that the Northfield area also utilizes this type 14 of parking with little to no issue. He acknowledged that the driver's view could be blocked by 15 larger vehicles with this configuration adding that this form of parking is with the hope that it 16 would eliminate speeding through the area. He referenced the concern regarding buses blocking 17 the road and referenced page 18 of the agreement stating that there would be a 42-foot 18 dimension from curve to curve. He explained that the Metropolitan Transit does not like bus 19 cutouts and reviewed their concerns with the Commission. 20 21 Mr. Shardlow reference Mr. Cadwallader's concerns noting that in preparing the planning report 22 their office inadvertently excluded his business from the plan summary sheet. He apologized for 23 the error noting that they are in the process of addressing this issue and would work with Mr. 24 Cadwallader to address his concerns. 25 26 Mr. Doran acknowledged the serviceability issues for the shops noting that the buildings do not 27 have a back area for loading and unloading. He stated that this would not be an issue, as most of 28 the businesses would not require a heavy truck delivery schedule. He stated that they have 29 outlined delivery times to occur prior to the opening of a business day and that they would have 30 to actively enforce the delivery hours at all times. 31 32 Mr. Pratt addressed Mr. Haik's concerns regarding senior housing. He explained that the urban 33 flats would have direct access from the ground level into the home. He acknowledged the senior 34 population stating that they have planned for this issue in the For Sale flats and reviewed with 35 the Commission. Mr. Hunt clarified that the.first floor units would have steps coming from the 36 sidewalk and that the entrance would provide ramp access. 37 38 Mr. Haik clarified that there would be no single level townhomes in this development and asked 39 why this is not being addressed in market plan. Chair Melsha asked if there has been a demand 40 from the senior market for the type of homes being proposed. Mr. Pratt confirmed that there has 41 and reviewed with the Commission. He explained that economics is only one of the 42 considerations and agreed that it should meet the market need. He further explained that it is a 43 combination of considerations. 44 Planning Commission Meeting Minutes September 16, 2003 Page 17 1 A resident asked for clarification of the pedestrian access into the complex from the north and 2 from 37`h. Chair Melsha clarified that pedestrians would be able to access from Silver Lake 3 Road or Stinson Boulevard. 4 5 Chair Melsha closed the Public Hearing at 10:26 p.m. 6 7 Chair Melsha acknowledged the amount of work that has been done by the Development team 8 and reviewed with the Commission. He stated that what has been presented for their review is 9 what the City has set out to do. 10 11 Vice Chair Stille agreed that overall they have covered all the bases and that it has a good 12 appearance for the City. He agreed that it is consistent with the Comprehensive Plan and that 13 they have a developer with a strong history of long-term ownership of their properties. He 14 referenced the parking concerns noting that they have a good planner guiding them through the 15 process. He agreed that they would not be able to please everyone adding that he is very happy 16 with what they have accomplished so far. 17 18 Commissioner Hanson explained that he did not mean to pick on gun sales and acknowledged 19 that state and federal laws could supercede their local ordinances. Chair Melsha asked if there 20 are any more uses allowed in a PUD that are not allowed in other zoning districts. Assistant City 21 Attorney explained that a PUD does not allow someone to do whatever they want noting that 22 there are still ordinances that control what the City can or cannot do. He suggested that the 23 Commission include a reference to gun sales as a condition in their recommendation. 24 25 Mr. Shardlow agreed stating that they:are free to craft the development and suggested that the 26 Commission include a suggestion within the PUD that recommends to Council that would 27 preclude gun sales from the PUD. 28 29 Mr. Malkerson explained that there has to be a fully articulated basis to excluding the gun sale 30 use or it could be illegal. He explained that just because it is a PUD they do not have the 31 authority to rewrite the zoning districts and that it was his opinion that this would be a valid 32 decision under Minnesota Law. 33 34 Chair Melsha suggested having the City Attorney research this issue and that the Commission 35 not include in their recommendation. 36 37 Vice Chair Stille referenced the Cub Foods lot cross easements and suggested including this as a 38 part of their recommended conditions. 39 40 Mr. Malkerson clarified stating that they cannot control the tenants and that they would not be 41 able to include this in the conditions. Mr. Doran stated that Mr. Malkerson is correct, noting that 42 they are active in their negotiations for the Cub Foods Store and are willing to act on their 43 direction. He confirmed that they could not have it as a physical condition in their 44 recommendation. 45 Planning Commission Meeting Minutes September 16, 2003 Page 18 1 Motion by Vice Chair Stille, second by Commissioner Stromgren, to recommend approval of the 2 proposed Preliminary Development-Plan and Preliminary Plat for the entire project area and 3 recommend approval for the Final Development Plan and Final Plat for the retail portion 4 currently known as the Village of St. Anthony based on findings outlined in the September 8, 5 2003 memo from John Shardlow, subject to conditions 1 through 5 on page 14 in the memo and 6 conditioned upon the applicant or related entity purchasing property known as Cub Food Stores 7 as more fully described in the letter. 8 9 Motion carried unanimously. 10 11 IX. INFORMATION AND DISCUSSION. 12 13 9.1 Planning Commission Resolution 03-01,re: a Modification to the Redevelopment 14 Plan and a Tax Increment Financing Plan for the Northwest Quadrant 15 Redevelopment. 16 17 Stacy Kvilvang, Ehlers &Associates,reviewed the parcels to be included in the Tax 18 Increment Financing District 3-5 with the Commission. She explained that what is under 19 consideration for the Planning Commission is the preliminary PUD. She stated that Phase 1 20 and Phase 2 are in conformance with the Comprehensive Plan. 21 22 Chair Melsha referenced the TIF plan and asked for suggestions on how to handle it. Ms. 23 Kvilvang stated that they reviewed the development plan to determine if it is in conformance and 24 reviewed the process with the Commission. 25 26 Commissioner Hanson asked for further clarification of the TIF expansion. Ms. Kvilvang 27 explained that the parcels outlined in green are the parcels that would be included. She reviewed 28 the graphics with the Commission stating that it is their hope that the costs would be born by the 29 parcels themselves in order to ensure that the residents of St. Anthony do not pick up any 30 expenses related to the parcels. 31 32 Commissioner Hanson stated that this is a great project for the City. He referenced the total 33 project costs and asked how it would affect the average household. Ms. Kvilvang stated that the 34 TIF has a base value in the district and that it is based on what is currently there. She explained 35 that when the tax increment comes into play that the difference between the base value and the 36 increment value is the cost and that it does not affect taxes. 37 38 Motion by Chair Melsha, second by Vice Chair Stille to recommend approval of the Planning 39 Commission Resolution 03-01, a resolution of the City of-St. Anthony Planning Commission 40 finding that a modification to the redevelopment plan for redevelopment project area no. 3 and 41 tax increment financing plan for tax increment financing district no. 3-5 conform to the general 42 plans for the development and redevelopment of the City. 43 44 Motion carried unanimously 45 46 X. ANNOUNCEMENTS. Planning Commission Meeting Minutes September 16, 2003 Page 19 1 X. ANNOUNCEMENTS. 2 3 Commissioner Hanson complimented staff for excellent job they have done posting information 4 to the City website. 5 6 Commissioner Steeves complimented Mr. Pratt on his presentation and his reconsideration for 7 the naming of the new development. Mr. Pratt thanked the Commission and restated his request 8 for feedback and suggestions for possible names. 9 10 Chair Melsha thanked the Commissioners for all the work they have done and all their efforts on 11 the redevelopment project. 12 13 Ms. Hall stated that three Planning Commission terms are due to expire at the end of this year. 14 She noted that the positions include Chair Melsha and Commissioners Hoska and Steeves. She 15 encouraged the Commissioners and Chair to continue their membership and explained that if 16 they are interested in continuing their membership on the Planning Commission that they should 17 send a letter to the City Manager expressing their interest. She stated that the letter should be 18 submitted by the November 2003 Planning Commission meeting. 19 20 Ms. Hall stated that the City celebrated the commencement of the Stonehouse redevelopment by 21 having a sledge hammer party. She stated that it was very exciting to see some of the movement 22 in terms of getting things done. She stated that it is their goal for a March 2004 opening if all 23 goes well noting that it could be delayed up to three months due to weather. 24 25 Ms. Hall stated that Autumn Woods would be returning for Planning Commission consideration 26 because some residents were missed in the mailing. She stated that the next meeting is 27 scheduled for October 21, 2003 and that they would hold another public hearing on the Autumn 28 Woods II project for this reason. . 29 30 XI. ADJOURNMENT. 31 32 Motion by Vice Chair Stille, second by Commissioner Hoska, to adjourn the meeting at 10:55 33 p.m. 34 35 Motion carried unanimously. 36 37 38 Respectfully submitted, 39 40 41 Bonnie Sullivan 42 Timesaver Off Site Secretarial, Inc. 43 MEMORANDUM DATE: 10/14/03 MEETING DATE: 10/21/03 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage 5jok SUBJECT: Autumn Woods PUD Amendment--Rehearing Requested Action: President Paul Brewer of LaNel Financial Group, representing Autumn Woods II LLP, has requested a rehearing to amend their Autumn Woods development to include 38 additional adult rental-housing units. Background: On July 15, 2003, the Planning Commission held a public hearing on the Autumn Woods 11 Planned Unit Development (PUD) amendment and recommended City Council approval subject to the following: (1) there will be 38 parking stalls, rather than the 35 proposed; (2) review of the plans and cross easements by the City Attorney; and (3) completion of the re-plat. Subsequently, on July 22, 2003, the City Council approved the PUD amendment with the conditions recommended by the Planning Commission (see attached Council resolution). Attached please find excerpts of the minutes from the July 15 Planning Commission and the July 22 City Council meetings related to the Autumn Woods II discussion. Unfortunately, after these approvals,.city staff learned that some of the neighbors of the development were not notified of the July 15 public hearing, as they should have. Mr. Brewer opted to have a rehearing so these neighbors have an opportunity to speak and provide input into the development. Development Details:. LaNel Financial Group proposes to develop a market rate senior rental townhouse style building on the former city-owned single-family lots of 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace. The plan submitted by the developer shows a total of 38 units with 1 and 2 bedroom units, along with various common activity and recreation areas. Autumn Woods 11 has requested to amend its existing (adjacent) PUD that offers flexibility for both them and the City. In exchange for not meeting typical code requirements, the City might ask for extra landscaping or lighting, for example. There is often give and take in a PUD arrangement. The proposed building will have three stories with 38 underground parking spaces. In addition, seven surface parking spaces are shown on the site plan. For apartments buildings, city code requires at least two parking spaces per unit, at least one of which is enclosed. By this, the developer meets the enclosed parking spaces requirement; however, not the surface parking requirement. Keep in mind this code information is given as a backdrop because in a PUD arrangement the developer is not tied to the city Page 2 —Autumn Woods PUD Amendment code requirements. The developer has stated that plenty of surface parking is available at the adjacent Autumn Woods development for visitors, etc. on top of the seven that will be available. Typically, each unit would have one car, or sometimes not even that, according to the developer. The development plan shows an encroachment into the side yard setback, although Autumn Woods does own the adjacent property. All other required typical setbacks are met although with a PUD keep in mind there is departure from the strict application of such requirements. A big advantage of a PUD is that it.can maximize the development potential of land. According to the developer, the apartments will have individual entries to the street and courtyard on the first floor and also to a center hall that will access the underground heated garage. The building exterior will closely match the adjacent and existing Autumn Woods development. The entire development will tie together well, according to the 'developer. In July, LaNel forwarded the attached final plans that include the site plan, floor plans and unit plans, elevation showing exterior materials, rendering of elevation, and a landscape plan. Keep in mind these plans do not indicate the conditions placed on the applicant at the time of the July 22, 2003, Council approval. Staff Recommendation: The developer has proposed an excellent fit with the adjacent Autumn Woods development. Staff recommends approval of the PUD amendment. Attachments: • City Council Resolution 03-051 July 15, 2003, Planning Commission minutes • July 22, 2003, City Council minutes • 'Autumn Woods Phase 2 Plans CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 051 A RESOLUTION RELATING TO A REQUEST BY AUTUMN WOODS 11 LP, FOR AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, LaNel Financial Group (Autumn Woods 11 LP)proposes to develop a market rate senior rental townhouse-style building on the formerly City-owned single family lots addressed as 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace; and WHEREAS, a request to amend their existing PUD was made by Autumn Woods 11 LP and was presented at a public hearing to the Planning Commission on July 15, 2003; and WHEREAS, after review and discussion of the proposed amendment, the Planning Commission has recommended Council approval subject to the following: 1. There will be 38 parking stalls, rather than the 35 proposed 2. Review of the plans and cross easements by the City Attorney 3. Completion of the re-plat. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the request by Autumn Woods 11 LP for an amendment to their existing PUD, according to the findings made by the Planning Commission, as stated above. Adopted this 2 Z day of u _ 2003. ayor ATTEST: City Clerk Reviewed for Administration: - ity M ager 1 Planning Commission Meeting Minutes July 15, 2003 3 Page 2 4 5 VI. MEETING MINUTES. 6 6.1 Review and Approval -Planning Commission Minutes of June 17, 2003. 7 8 Commissioner Stromgren referenced page 6, lines 22-30. He clarified that the reference `gas 9 line' should be `gas island'. He referenced page 9, line 31-39 and clarified that it should read 10 that it `may be discussed after redevelopment'. 11 12 Vice Chair Stille reference page 8, line 39 states `Chief Hewitt referenced the gas line' it should 13 read `gas island' and further states `for the proposed location' should read `for the Public Works 14 Department'. 15 16 Motion by Vice Chair Stille, second by Chair Melsha, to approve the Planning Commission 17 meeting minutes of June 17, 2003 as amended. 18 19 Motion carried unanimously. 20 21 VII. COMMUNICATION WITH CITY COUNCIL. 22 7.1 Designate a Planning Commission member to the July 22, 2003 City Council 23 Meeting. Chair Melsha indicated that he would be available to attend the next City Council meeting 2� on June 24, 2003. 26 27 VIII. PUBLIC HEARINGS. 28 8.1 Autumn Woods II LLP 2534 2538 2542 2546 and 2548 Kenzie Terrace, Amend the 29 Planned Unit Development(PUD) for an additional 38 units of adult rental housing. 30 31 Chair Melsha opened the public hearing at 7:09 p.m. 32 33 Susan Hall stated that Paul Brewer, President, LaNel Financial Group, representing.Autumn 34 Woods II, met with the Planning Commission in December 2002 concerning their preliminary 35 plans for construction of a housing development called Autumn Woods Villas, to be located at 36 the 2500 block of Kenzie Terrace. She stated that they are returning with the final development 37 plans to amend their existing PUD for an additional 38-units of adult rental housing. She 38 explained that they are proposing to develop a market rate rental building on the former city- 39 owned single-family lots of 2534, 2538, 2542 2546 and 2548 Kenzie Terrace. She stated that the 40 plan submitted by LaNel shows a total of 38 one and two bedroom units along with various 41 common activity and recreation areas. 42 43 Ms. Hall stated that Autumn Woods II has requested to amend its existing adjacent PUD noting 44 that a PUD offers flexibility for both them and the City. She reviewed the proposed building 45 layout with the Commission noting that the building would have three stories with 35 ' underground parking spaces. She noted that there are also seven surface parking spaces as 4. shown on the site plan. She explained that city code requires at least two parking spaces per unit 48 in apartment buildings, with at least one of which is enclosed. She stated that based on city code , 1 Planning Commission Meeting Minutes 2 July 15, 2003 Page 3 4 5 the developer is short three enclosed parking spaces plus an additional 31 parking spaces. She 6 explained that with a PUD the developer is not required to have this amount of parkin_g spaces 7 and stated that Mr. Brewer would speak to the Commission regarding the parking. 8 9 Ms. Hall referenced the encroachment into the side yard setback noting that Autumn Woods 10 owns the adjacent property. She stated that all other required setbacks are met. She stated the 11 apartments on the first level would have an entry to the street and courtyard in addition to a 12 center hall that would access the underground parking area. She stated that the building exterior 13 would closely match the adjacent and existing Autumn Woods development adding that the 14 entire development would tie together well. 15 16 Paul Brewer, President, LaNel Financial Group, stated that what they are proposing is in 17 response to City requests and explained that they intend to develop a 38-unit building that is a 18 break from the traditional three-story, corridor building. He noted that they also own the 19 adjacent-property, Autumn Woods Apartments,a combination senior and market rate property. 20 He provided the Commission with an overview of the plan noting that each of the first floor units 21 would have two entrances, one exterior exit and one that would provide entrance to the center 22 corridor. He stated that the development is an addition to the current Autumn Woods apartments 23 and the exterior materials would be integrated with the current building. He reviewed the 24 entrances and access points with the Commission noting that they were able to utilize the easterly entryway into the current Autumn Woods as an entry to the proposed addition. He 2u stated that they would be coming to the city with a re-plat subdivision request and explained that 27 they would have to re-plat the location to create a Lot 1 for the current property and a Lot 2 for 28 the new property. He reviewed the parking stalls with the Commission noting that the 29 underground garage currently shows storage cubicles. He explained that most of the storage 30 cubicles would be converted to parking stalls. He further explained that the property would be 31 an adult community adding that most would only require one stall. He stated that they do not 32 anticipate a need for two cars per unit and that the residents would also be able to utilize the 33 parking areas in the Autumn Woods I development. He explained that through their research 34 they have found that many seniors do not drive and therefore do not require more than one 35 parking stall. 36 37 Commissioner Tillman asked what the parking ratio is for the existing building. Mr. Brewer 38 clarified that there is one parking stall for each apartment plus one extra for visitor parking. 39 Commissioner Tillman clarified that the existing Autumn Woods has one parking stall 40 underground and one exterior parking stall per unit. 41 42 Vice Chair Stille asked how many parking spaces they would gain if they convert the storage 43 cubicles. Mr. Brewer clarified that they would probably gain four additional parking stalls. 44 45 Vice Chair Stille asked if they would have separate parking easements. Mr. Brewer explained 46 that they would have cross easements due to the drainage, the holding pond, use of the current -- driveway for access and parking and use of the pool. 4- Planning Commission Meeting Minutes July 15, 2003 Page 4 1 Commissioner Hanson asked how many additional staff members would be required. Mr. 2 Brewer stated that it would probably require two more staff members. 3 4 Commissioner Hoska referenced the curb cut in front and asked if they anticipated an island. 5 Mr. Brewer explained that the proposed curb cut is for the drop off point. He further explained 6 that EMS would be able to enter the site from the east driveway. 7 8 Commissioner Stromgren referenced the exterior drawings and asked Mr. Brewer to review the 9 materials they plan to use. Mr. Brewer reviewed the materials with the Commission noting that 10 the building would consist mostly of brick with a stone-face along the front entry. Dan O'Brien, 11 Architect for the project further explained that the permanent siding is a vinyl material that 12 would be maintenance free. He stated that the trim around the eaves of the building and gable 13 ends are metal clad with brick and stone accents. 14 15 Commissioner Hanson asked if there would be additional signage. Mr. Brewer stated that they 16 are proposing a ground sign on Kenzie Terrace to designate the entrance in addition to 17 directional signs. 18 19 Chair Melsha closed the public hearing at 7:25 p.m. 20 21 Vice Chair Stille noted that he was initially taken aback at the number of parking stalls stating 2" that after hearing the existing history he is glad to hear that it is in line with the number of units. i, He explained that he drove through the project and did notice that the general exterior parking 24 lot is not full. He stated that his concerns' regarding the parking stalls has been satisfied. 25 26 Motion by Commissioner Stille, second by Commissioner Chair Melsha, to recommend approval 27 of the proposed planned development unit for plans dated November 2002, subject to change in 28 proposed parking to 38 versus 35, subject to review of cross easements by the City Attorney and 29 completion of the re-plat. 30 Motion carried unanimously. 31 32 7.2 AMcon Construction 2900 Kenzie Terrace and 2700 Hi way 88. 33 34 Chair Melsha opened the public hearing at 7:28 p.m. 35 36 Susan Hall stated that city has entered into a predevelopment agreement with Amcon 37 Construction to redevelop the corner of Kenzie Terrace and Highway 88, also known as the 38 Stonehouse and/or Fire Station sites. She stated that Amcon has submitted the formal 39 applications for public hearings associated with their final plans. She reviewed the pending 40 applications with the Commission noting that the applicant is also requesting an administrative 41 subdivision. She explained that the administrative subdivision does not require a public hearing 42 but is being included for discussion and will be forwarded to the City Council for review. 43 4a Ms. Hall provided the Commission with a background history stating that the redevelopment IL plans shows 26,000 square feet of retail in two buildings. She stated that one new building 46 would be located on the nor them portion of the property, located at the corner of Kenzie Terrace City Council Regular Meeting Minutes July 22, 2003 Page 4 Motion by Councilmember Faust to adopt Resolution No. 03-048, vacating right-of-way easements on Silver Lake Road relating to redevelopment of the Stonehouse area. 3 4 Motion carried unanimously. 5 6 VI. REPORTS FROM COMMISSIONS AND STAFF. 7 A. Planning Commission meeting—July 15, 2003. 8 1. Resolution 03-051, re: LaNel's (Autumn Woods II, LLP), request to amend the 9 Planned Unit Development for an additional 38 units of adult rental housing.at 10 properties currently addressed as 2534, 2538, 2542, 2546 and 2548 Kenzie 11 Terrace. 12 13 Chris Melsha, a representative from the Planning Commission, came forward to address the 14 Council 15 16 Mr. Melsha noted President Paul Brewer of LaNel Financial Group, representing Autumn 17 Woods II, LLP,met with Planning Commission members at the December 2002 meeting 18 concerning their preliminary plans for construction of a housing development called Autumn 19 Wood Villas slated for the 2500 block of Kenzie Terrace. He added LaNel Financial returned 20 with final development plans on July 15, 2003, for a public hearing to amend their existing PUD 21 for an additional 38 units of adult rental housing. Mr. Melsha discussed the items amended in 22 the PUD. r Staff felt the developer had proposed an excellent fit with the adjacent Autumn Woods' 25 development and recommended approval of the PUD amendment subject to the following: 26 27 1. There would be 38 parking stalls,rather than the 35 proposed. 28 2. Review of the plans and cross easements by the City Attorney. 29 3. Completion of the re-plat. 30 31 Mayor Hodson stated he felt this was an excellent project. 32 33 Motion by Councilmember Sparks to adopt Resolution 03-051, relating to a request by Autumn 34 Woods H, LLP, for an.amendment to an existing Planned Unit Development(PUD) for an 35 additional 38 units of adult rental housing at properties currently addressed as 2534, 2538, 2542, 36 2546 and 2548 Kenzie Terrace subject to the stated conditions. 37 38 Discussion: 39 40 Councilmember Faust noted this long-range project had been in process since 1996 or 1997. He 41 felt it would bring something nice into the community. 42 43 Councilmember Thuesen felt this result was the fruit of an outstanding project. He noted it had 44 resulted from patience, as the City had slowly purchased property in the area and did not"jump" ` at the first thing it saw. He added the project would clean up an area that needed renovating. 47 Mayor Hodson noted the completed project would definitely increase the tax base. / I ( I , II CIlltS II O'Brien Strother -,Jd00 �� �, I I ARCHITECTS 0 50 100 200 FT , p.J7S859 sf I M,p�a�t� Z� /. ;? IOB.00 q,� I I I P 1 L�soa "7-'30 . ss. CO� III I>�a-em-or nv�n tc Cl uoo to ear �\, �JZSB 59' �Nq,,�"e�''r° �� 1'e°io I I I a' Iz i L-J4.50 SOCE Ci llIO09. L=Jf,Sf WE HBt4 N oovo,00,w, PROPOSED 38 UNIT 3 STORY APARTMENT ,/\ �/ � f � J �� / \ _ —rop BUILDING WITH i ✓ ,/'�ti9 �i ,' ' I � �I _ I I I I� UNDERGROUND PARKING / y�/ps ,� , / � � Yea'• / ! �°j___` � Cqj•� �- �i �••�'-'F-��-I--'4�-� �3 3 Y. 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'rim[st.'S-`ate -,,.�,.y� " ',~�r�`iY-l:r-ta. - :�ig� a�•y, c+•"�'�%�`. _ %E'.u�r-03`�'- � ^i�����%�+''4'Y'`ir _v a.7iF��C.+. ���-`�-�-:�_..:.,t" �'""�'�`sL�64'F�'L"Li•`•1'P`aa. �,2� ��±�is'x3�t"x�,e.�-y ir�.s''���'�".:,L-�Y�'�i � u��,i.,�."�a'7Sa�"�:k�r»",'r..,r..�,V�y.��'•.'e�•.''3`°., '_"`.1�:;:".,��Ri'11.•R..,.,.aa�Y__•..-ti-,� �T•T ex�t� �c�.e�� s�; City Council Regular Meeting Minutes August 26, 2003 Page 14 1 petition the Legislature to have a local sales tax for a specific project. He asked if Council 2 thought it appropriate for him to testify before the Department of Revenue asking for local 3 authority to have a sales tax, going in the direction that the residents would be required to give 4 the authority to implement it. He stated the City would not need to have a sales tax; however, 5 approval of his.request would keep the City from having to go to the Legislature. He indicated 6 approval probably would not be obtained. Mayor Hodson encouraged Councilmember Faust to 7 proceed if he was willing. 8 9 Councilmember Faust stated he had been approached the previous evening at a Sister City 10 meeting regarding students wishing to correspond and/or plan a summer trip to the sister city 11 during the next year. He added Salo, the sister city, actually had a person on the city staff who 12 coordinated sister-city activities. He noted the Sister City Association was going to be giving 13 information and advice regarding language, culture, etc. 14 15 Mayor Hodson reported he would be attending a Transportation Advisory Board meeting for the 16 League the following day. 17 1.8 Mayor Hodson encouraged City staff, consultants to the City and the development team to work 19 together on the discussed issues, as the City had watched many projects get to a certain point and 20 then fade away. He stated the residents of the City were tired of that process. 21 22 IX. INFORMATION AND ANNOUNCEMENTS. 23 None. 24 25 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 26 None. 27 28 XI. ADJOURNMENT. 29 Mayor Hodson adjourned the meeting at 9:48 p.m. 30 31 32 33 Respectfully submitted, 34 35 36 Marjorie R. Jenkins 37 Timesaver Off Site Secretarial, Inc. 38 39 Mayor 40 ATTEST: 41 City Clerk City Council Regular Meeting Minutes August 26, 2003 Page 13 1 Motion carried unanimously. 2 3 H. Resolution 03-069 re: Call for a Special Council Meeting. 4 It was noted Council had scheduled a Special Meeting on Tuesday, October 2, 2003, at 5:00 p.m. 5 at St. Anthony City Hall to consider approval of the bid package for construction of a Public 6 Works facility and the bid package for construction of a Fire Station facility. 7 8 Motion by Councilmember Faust to adopt Resolution 03-069 calling for a City Council Special 9 Meeting on Tuesday, October 2, 2003, at 5:00 p.m. at St. Anthony City Hall. 10 11 Motion carried unanimously. 12 13 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 14 City Manager Morrison reported the following items: 15 ■ Lynette Wittsack was the new representative to the Metropolitan Council. 16 ■ New Board of Review Laws were given to Council. 17 ■ Groundbreaking for Fire Station and Public Works began on Tuesday, September 9, 18 2003, at 5:00 p.m. for Public Works and 5:30 p.m. for Fire Station. 19 ■ Closing on Stonehouse was set for Monday, September 8, 2003, with demolition 20 beginning on September 16, 2003. Mr. Morrison noted some type of groundbreaking 21 would be planned. 22 ■ Easements had been received from Hennepin County. 23 ■ Joint meeting with the School Board was scheduled for September 30, 2003. 24 ■ Special City Council Meeting to consider Public Works and Fire Station bids was set for 25 October 2, 2003, at 5:00 p.m. 26 The public rehearing for Autumn Woods was set for Tuesday, October 21, 2003. 27 Regular Council meeting was set for November 4, 2003, at 8:00 p.m. instead.of 28 November 11, 2003, as the latter was Veteran's Day. 29 Truth in Taxation hearing and regular Council meeting scheduled for December 8, 2003. 30 Mr. Morrison noted this would be the last meeting of the year unless continuation was 31 needed. He added Council would then meet December 15, 2003. 32 33 Councilmember Sparks stated she had attended the Mississippi Watershed meeting that day and 34 the draft of the 2004 budget had been approved, which would be about $4 million. She added 35 approximately$77,000 was St. Anthony's portion. 36 37 Councilmember Thuesen inquired regarding Council's wishes for his attendance at the Planning 38 Commission meetings as the City moved forward with the Northwest Quadrant project. He 39 questioned whether the Planning Commission should be allowed more discussion room without 40 his presence or if he should be in attendance to answer potential questions. Councilmember 41 Horst responded the liaison person was there mostly to obtain updates and normally would attend 42 on a quarterly basis. Councilmember Thuesen agreed with Councilmember Horst but stated he 43 had wanted feedback from Council. 44 45 Councilmember Faust reported he had attended a Fiscal Futures Policy Committee meeting with 46 the League of Minnesota Cities on Friday, August 15, 2003. He stated the 2003 Legislature had 47 requested the Department of Revenue study local sales taxes. He noted a City currently had to City Council Regular Meeting Minutes August 26, 2003 Page 12 1 Motion by Councilmember Horst to adopt Resolution 03-072 receiving report and ordering plans 2 and specifications for reconstruction of said streets at an estimated total cost of$1,860,000. 3 4 Motion carried unanimously. 5 6 G. Resolution 03-067 re: Award bid for contract for construction of the Public Works 7 facility, and Resolution 03-068 re: Award bid for contract for construction of the Fire 8 Station facility. 9 Jon Kuenstling,Kraus-Anderson Construction Company, addressed Council concerning the 10 contract awards for the Public Works facility that was bid on Thursday, August 14, 2003. He 11 recommended,based on current information, awarding Bid Division 1 contract to F. M. 12 Frattalone Excavating in the amount of$125,592; Bid Division 2 contract to Nova-Frost, Inc., in 13 the amount of$32,800; Bid Division 3 to Bituminous Roadways, Inc., in the amount of$87,160; 14 Bid Division 4 to Gresser Companies, Inc., in the amount of$114,100; Bid Divisions 5 and 6 to 15 Fabcon, Inc., in the amount of$246,360; Bid Division 7 to Thurnbeck Steel Fabrication, Inc., in 16 the amount of$60,720. He noted the total bid amount for Bid Division Nos. 1 through 7 was 17 $666,732 and the budgeted amount was $744,404 for a difference of$77,672. 18 19 Mr. Kuenstling stated the contract awards for the Fire Station facility was bid on Tuesday, 20 August 12, 2003. He recommended, based on current information, awarding Bid Division 1 21 contract to Belair Excavating in the amount of$143,645; Bid Division 2 contract to Nova-Frost, 22 Inc., in the amount of$29,700; Bid Division 3 to Bituminous Roadways, Inc., in the amount of 23 $25,900; Bid Division 4 to Gresser Companies, Inc., in the amount of$68,700; Bid Division 5 to 24 Thurnbeck Steel Fabrication, Inc., in the amount of$52,662. He noted the total bid amount for 25 Bid Division Nos. 1 through 5 was $320,607 and the budgeted amount was $322,000 for a 26 difference of$1,393. 27 28 Councilmember Faust asked Mr. Kuenstling if he had previously worked with these contractors. 29 Mr. Kuenstling responded he had and was pleased with the group put together. He noted these 30 contractors had histories of meeting schedules. 31 32 Councilmember Horst asked if this was the entire construction cost. Mr. Kuenstling responded 33. this was only the first"go-ar6und, as this represented getting the materials, footings and 34 foundations ready. He noted the architect was still developing the plan, which should be out 35 within the next week. He added Kraus-Anderson was currently bidding the site and ordering the 36 items that had long lead-times. Mr. Kuenstling indicated Kraus-Anderson would bid out the 37 Public Works facility on September 23, 2003, and the Fire Station facility on September 25, 38 2003. 39 40 Motion by Councilmember Horst to adopt Resolution 03-06,7 awarding a contract relating to the 41 Public Works construction project as recommended by Kraus-Anderson Construction Company. 42 43 Motion carried unanimously. 44 45 Motion by Councilmember Horst to adopt Resolution 03-068 awarding a contract relating to the 46 Fire Station construction project as recommended by Kraus-Anderson Construction Company. 47 City Council Regular Meeting Minutes August 26, 2003 Page 11 1 suggested as a result of moving through the process. He added the rate change would be applied 2 to development areas throughout the City. 3 4 Ms. Kvilvang stated SAC and WAC had been overestimated and she was not sure there would be 5 a huge fiscal impact. 6 7 City Manager Morrison suggested discussions continue with the development team regarding this 8 issue and it be brought back to Council for review. 9 10 E. Resolution 03-071 re: Award bids for Kenzie Terrace/27th Avenue NE sewer and water 11 improvements. 12 Mr. Hubmer noted a total of two bids were received for this project on August 22, 2003, and 13 were checked for mathematical accuracy and tabulated. He recommended Council consider 14 these bids and award the contract to the low bidder,Thomas and Sons Construction, Inc., in the 15 amount of$480,492.70. 16 17 Councilmember Thuesen asked if there was concern that only two bids were received. Mr. 18 Hubmer responded he did not see a problem with the bidders or the prices received. 19 20 Councilmember Thuesen asked if Council should be uneasy because the bid came in 21 considerably lower than the engineer's estimate. Mr. Hubmer responded they would be involved 22 to make sure things were done"up to standard." 23 24 Mayor Hodson emphasized the City wanted no surprises. 25 26 Motion by Councilmember Thuesen to adopt Resolution 03-071 awarding contract for Kenzie 27 Terrace/27th Avenue NE sewer and water improvements to Thomas and Sons Construction, Inc., 28 in the amount of$480,492.70. 29 30 Motion carried unanimously. 31 32 F. Resolution 03-072 re: Accept feasibility study for 2004 street improvements and order 33 plans and specifications. 34 Mr. Hubmer presented Council with the 2004 Street and Utility Improvements Feasibility Report 35 for the reconstruction of the-following streets: 36 1. Belden Drive,between 33rd Avenue NE and 32nd Avenue NE 37 2. Hilldale Avenue NE, between Belden Drive and Silver Lake Road 38 3. 32nd Avenue NE, between Belden Drive and Silver Lake Road 39 4. Town View Avenue NE, between Wilson Street and Silver Lake Road 40 41 Mr. Hubmer stated the estimated total cost of the project was $1,860,000 and gave a breakdown 42 of the charges for each improvement. He suggested the City issue a$1.8 million public 43 improvement bond, as the costs would come down. Mr. Hubmer noted a resolution was 44 provided accepting the Feasibility Study and authorizing preparation of final plans and 45 specifications. 46 47 City Council Regular Meeting Minutes August 26, 2003 Page 10 1 Motion by Councilmember Faust to adopt Resolution 03-070 ordering preparation of feasibility 2 report for Northwest Quadrant street and utility improvements. 3 4 Discussion: 5 6 Councilmember Sparks asked if this project would have any impact on the scheduled street 7 improvements. Mr. Hubmer responded it would not, as this was a separate project. 8 9 Motion carried unanimously. 10 11 D. Discuss SAGWAC increase. 12 Mr. Hubmer noted there was need for discussion regarding the City's current development 13 charges as they related to the sanitary sewer access charge (SAC) and water access charge 14 (WAC). He explained the City currently collected fees from developers to connect to the City's 15 trunk sanitary sewer systems and water systems and the current fees charged by St. Anthony 16 Village were approximately$150 for SAC and $200 for WAC. He indicated these charges were 17 typically collected from development as it occurred to pay for the trunk system improvements 18 necessary to serve new homes and businesses within St Anthony Village. He stated, in addition, 19 the Metropolitan Council collected a SAC charge of$1,275 for each new sanitary sewer 20 connection. 21 22 Mr. Hubmer recommended,based on a review of development anticipated within the next five 23 years in St. Anthony Village, the SAC charge be increased from $150 to $850 and the WAC 24 charge be increased from $200 to $450 for all new development and redevelopment in the City. 25 He noted the increased fees from SAC and WAC were anticipated to cover the costs to upgrade 26 and improve the City's sanitary and water system for the purposes of accommodating future 27 redevelopment. He added the City's water and sewer utility fees would cover maintenance 28 activities and routine replacement of systems. 29 30 Mr. Hubmer indicated the City Attorney would draft the necessary resolution to adjust the rate 31 schedule in accordance with the City's ordinances should Council desire to go forward with the 32 proposed increases in the SAC and WAC charges. 33 34 Councilmember Horst asked if a decision needed Met Council approval. Mr. Hubmer responded 35 the discussed fees were the local portion of these charges, as the Met Council had an additional 36 $1,275 fee. 37 38 Mr. Pratt noted this increase would add approximately$1,000 per unit for sewer and water. He 39 stated the development team would need to consider its impact on the financial aspect and 40 wanted the opportunity to discuss further how it would be incorporated. He added he was not 41 questioning the analysis; however, the team had been told the existing system possibly could 42 handle 500 units and the proposed retail would actually have less square footage. He stated these 43 were the types of events that caused unforeseen consequences. 44 45 Mayor Hodson asked if the need for the additional fees had just surfaced. Mr. Hubmer 46 responded the charges were discussed at the onset of the project and these numbers were City Council Regular Meeting Minutes August 26, 2003 Page 9 1 2 Councilmember Sparks stated she was worried about the park. 3 4 Mayor Hodson indicated he thought everyone was perfectly clear regarding what was needed to 5 make this happen. He asked about the value of the project, in its entirety, to the community. Ms. 6 Kvilvang responded the value was potentially$250 million with full development. 8 Mayor Hodson asked if fiscal disparities within the district were uncommon for a project of this 9 magnitude. Ms. Kvilvang replied she was not going to respond, as that should be a local 10 decision. She added communities have chosen both options. 11 12 Mayor Hodson asked what type of burden would come to the residents if the City went outside 13 the district. He added the City continually came to this point and then a project would dissolve. 14 He stated he felt the residents were tired of that result and they should have an opportunity to 15 review the costs and give feedback to Council. He noted he would not close the door as sharply 16 as Councilmember Faust. Councilmember Faust responded those figures would be known on the 17 30"'. 18 19 Mr. Mornson suggested Ehlers be allowed to come to the next meeting with those figures. 20 21 B. Resolution 03-066, re: Sale of CUB Foods. 22 City Manager Morrison noted this resolution enabled Scott Tankenoff s group to sell its property 23 to the developer. 24 25 Motion by Councilmember Faust to adopt Resolution 03-066 acknowledging SBT, LLC's 26 acquiescence to tax increment assistance financing,planned unit development and platting a 27 portion of the Northwest Quadrant Redevelopment Project. 28 29 Discussion: 30 31 Councilmember Sparks indicated she wanted it to be clear that this did not really involve CUB 32 Foods but SBT, LLC. She asked why this resolution needed to be passed. City Attorney 33 Gilligan responded the City was acknowledging the fact that SBT would not interfere with this 34 development. He added SBT requested this and the City was trying to accommodate. 35 35 Motion carried unanimously. 37 38 C. Resolution 03-070, re: Feasibility study on 39`h Avenue NE improvements. 39 Todd Hubmer, WSB and Associates, Inc.,noted this resolution ordered the preparation of a 40 feasibility report for the construction of 39`t' Avenue from Silver Lake Road to Stinson Avenue. 41 He added the project was to be completed as a public improvement, which included construction 42 of new streets,water main, sanitary sewer and storm sewer to serve the proposed Northwest 43 Quadrant Redevelopment Area. 44 45 Mr. Hubmer provided Council a Proposed 39`h Avenue Improvement Schedule. 46 City Council Regular Meeting Minutes August 26, 2003 Page 8 1 Councilmember Faust asked if a resident living in affordable housing would be distinguished 2 from a resident who was not. Mr. Morehouse replied the only difference would be in the amount 3 of rent paid. He discussed the income ranges that would qualify. 4 5 Mr. Pratt indicated he had just come back from judging smart growth projects and had seen 24 6 projects from across the country. He stated the projects that came to the top were the ones that 7 had a good solid team and a city that wanted to share in the end result. He agreed the project 8 seemed like a huge undertaking and asked if St. Anthony was willing to take the risk. He added 9 he did not'have all the answers; however, he had assembled the best possible team with 10 experience and financial strength. 11 12 Mr. Pratt explained the entire project would go up at once, which would make an immediate 13 impact proving it would really happen. 14 15 Mr. Pratt indicated the team was open to suggestions regarding the name of the development. He 16 noted the Village at St. Anthony was chosen to point out this was happening in St. Anthony 17 Village and not in one of the surrounding cities. 18 19 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 20 A. Review and approve TERM Sheet. 21 Stacie Kvilvang, Ehlers and Associates, Inc., noted progress had been made in the financing 22 while pushing for final review. She indicated the framework would be presented at the next 23 meeting and public hearings would be held regarding the final terms of agreement. She 24 explained work had been done refining the numbers, along with establishment that the developer 25 was using the same numbers. Ms. Kvilvang reviewed the procedures involved. 26 27 Ms. Kvilvang discussed bringing the housing and commercial components together into a more 28 unified package. She added, between grant requests and park dedication fees, there was a gap in 29 the park development financing. She indicated discussion regarding park development was 30 ongoing, as it was realized this was important for the City. She noted phasing would be 31 considered for that part of the development. 32 33 Ms. Kvilvang explained the concept of fiscal disparities, noting communities could choose to 34 pay within the district or outside the district. She discussed the ramifications of each choice and 35 stated she understood the City wished to use fiscal disparities within the district, if at all possible. 36 37 Ms. Kvilvang stated she anticipated the preliminary TERM sheet would be before Council in two 38 weeks. 39 40 Councilmember Faust stated he was concerned the TERM sheet had not been available for the 41 current meeting. He added, even though this project was anticipated,residents were not going to 42 be jeopardized for its completion. He stated a decision had been made not to go outside the 43 district for the fiscal disparities and that issue needed to be resolved. 44 45 Councilmember Faust stressed time was getting short, noting he was speaking personally and not 46 for the rest of the Council. He stated he hoped what was good for Ehlers and what was good for 47 the City would mesh. City Council Regular Meeting Minutes August 26, 2003 Page 7 1 accustomed to a certain level of noise. Mr. Lindberg agreed some noise had to be expected 2 because the setting was urban. 3 4 Councilmember Faust stated he did not want the sound issue to be minimized, as the problem 5 could be very irritating and needed to be addressed. Mr. Lindberg replied the team was not 6 trying to skirt the issue; however, they did not have a solution ready for presentation. 7 8 Len Pratt, Pratt-Ordway, discussed planned areas of buffering, explaining some of the buffering 9 caused challenges to visibility and"sense-of-presence"issues. He added the team was doing 10 what it could to meet the challenges; however,he noted there would always be some "edges." 11 12 Mr. Pratt indicated the team had heard Council's questions and had been taking notes. He felt 13 this was a good time for the development team to be listening to the Planning Commission and 14 the City Council. 15 16 Mr. Pratt introduced Gary Vogel, BKB Group in Minneapolis, and Mark Morehouse, Dominion 17 Group, to address the housing portion of the project. 18 19 Mr. Vogel presented Council with the site plan as it related to the housing component and 20 discussed the following information: layout to develop a sequence creating the urban 21 townhomes was in progress; descriptions of the urban townhomes and flats; the parking and 22 traffic movement; layout for the rental building; green area and access to the retail area; parking 23 provided underneath the buildings, which explained the limited parking on the surface;reasons 24 for pedestrian friendliness; 20% of the homes would be considered affordable housing'.' 25 26 Mr. Pratt presented proposed elevations of the flats, indicating market conditions would produce 27 the final product. 28 29 Mr. Pratt stated the team had heard"loud and clear"that there was a deep demand in the City for 30 individual walkout living, which would be repeated on the floors above. He added they would 31 learn from the first clients, as this was something new. 32 33 Mr. Vogel explained design work was being done to make the units complimentary to each other 34 and to the retail component. He added time would be needed for the full level of detail to be 35 developed. 36 37 Mr. Vogel displayed a site drawing of the side-by-side townhomes and photographic examples of 38 the side-by-side townhomes. 39 40 Mayor Hodson noted the City had been told, in the past, the affordable component was not 41 workable, yet it was said there would be a 15%to 20% affordable component. Mr. Morehouse 42 responded the affordability of the project would be closer to 15% and the team was committed to 43 meeting Met Council guidelines. He added conversations had taken place with the City's staff 44 and fiscal consultants, who indicated there were other funds available to help provide housing. 45 46 Discussion followed regarding formulas to determine affordable housing. 47 City Council Regular Meeting Minutes August 26, 2003 Page 6 1 Mayor Hodson asked about the structure that had the tower form and if that was the beginning of 2 the boutique shops. Ms. Anderson responded it was, as the first buildings seen were going to be 3 the premier spaces. She discussed the architectural visibility plans to draw in both cars and 4 pedestrians. 5 6 Councilmember Horst asked about parking in the front and back and if all the stores would have 7 a front and back door. Ms. Anderson responded some retailers were against having two 8 entrances; however, it had been done successfully. She added diagonal parking was planned in 9 front of the stores. 10 11 Discussion followed regarding ways to make the fagade richer. It was noted the architecture was 12 best viewed from the street because most of the shoppers would be arriving by car. 13 14 Councilmember Sparks indicated many cars would be coming from the south on Silver Lake 15 Road and most would see the major retailer and not the beautiful entrance. She wanted the view 16 for those passing to be consistent. 17 18 Ms. Anderson responded she felt they were dealing with this and discussed the changes in wall 19 space, shadowing, etc. She noted the first thing that would be seen was the landscaping and the 20 buildings were.the backdrops. 21 22 Councilmember Horst noted he was concerned about reaching a balance among the costs 23 involved, the building of a high-end product and meeting the needs of the retailer. He added he 24 did like the centers completed by the development team and wanted to make sure the City 25 received the same quality. 26 27 Mr. Shardlow stated the standard to be met would be in force once the City made final decisions 28 regarding the outcome. 29 30 Councilmember Thuesen asked if the City could indicate the quality in standards, during 31 discussions, by using a broad term like`Blaine-type," for example. Mr. Shardlow responded the 32 City would need to be more specific than that. 33 34 Miles Lindberg was introduced as part of the development team specializing as a site planner of 35 retail and mixed-use development. He noted one of the conflicts with this type of development 36 was the noise generated from a retail area that was close to a residential area. He indicated the 37 development team was aware of the problem, even though solutions had yet to be designed. He 38 promised those problems would be solved if they were an issue. 39 40 Councilmember Thuesen asked if the side of the apartment building exposed to noise from a 41 loading dock, for example, could have enhanced soundproofing. Mr. Shardlow responded the 42 team was working on buffering. He added landscaping could also serve as a sound and visual 43 break. 44 45 Mayor Hodson stated noise issues were already present because of the proximity of the railroad 46 and switchyard. He added St. Anthony was a first-ring suburb and the residents had all become City Council Regular Meeting Minutes August 26, 2003 Page 5 1 Councilmember Thuesen stated it was not as important to,have the same signage as to meet 2 expectations for quality. Mr. Shardlow responded the signage had been thought out in the 3 context of the project. 4 5 Mayor Hodson asked how the sign criteria were set and what templates were available. Mr. 6 Shardlow responded extensive models were available and the development team would be 7 proposing sign criteria. 8 9 Councilmember Sparks asked if noise control was handled in the PUD. Mr. Shardlow responded 10 it would be handled only if there were issues that arose regarding sources of concern. He added 11 site-planning techniques were used to locate loading and service areas. 12 13 Discussion followed regarding potential sources of noise and suggestions for eliminating them. 14 Mr. Shardlow replied the development team would respond to Council's concerns. 15 16 Councilmember Sparks stated she was concerned about the "sea of parking"that would be in 17 front of the major retailer. She added she was not sure the-architectural criteria presented would 18 necessarily maintain the Village character. She noted there were not many windows shown on 19 the plan, even though there was an attempt to break the mass. She indicated she did not feel the 20 design criteria had been pushed on the building. 21 22 Councilmember Sparks stated she had been told the major retailers were not flexible; however, 23 she had found examples of Wal-Mart stores and Target stores that had moved beyond the usual 24 box design. She noted one of the reasons the City had chosen this development team was 25 because of their reputation for originality and aesthetics. 26 27 Mr. Shardlow responded there were limits with what could be done, especially when many cars 28 needed to be accommodated for a major retailer. He added this prototype certainly was not low 29 standard but was custom designed and enhanced,with higher quality building materials and 30 "more of a nod"to the surrounding areas. 31 32 Councilmember Faust asked if Mr. Shardlow recalled discussion with the Planning Commission 33 regarding taking the vast amount of parking,paving half of it and "banking the rest. Mr. 34 Shardlow responded the term used was "proof of parking,"which meant building less parking 35 now and being able to prove there was ability to build more. He did not know if that would work 36 in this situation. 37 38 Mr. Shardlow noted the development team was present at the meeting and they had been 39 working on this project the past 18 months. He added the "number one"question from residents 40 was if this was really going to happen this time. Mr. Shardlow introduced the members of the 41 team. 42 43 Kathy Anderson,KKE Architects, stated she had been part of the Robert Muir team for many 44 shopping centers. She felt Council could answer some its questions by looking at other premier 45 centers the team had completed. She listed some of those centers and showed images of the 46 prospective plan. 47 City Council Regular Meeting Minutes August 26, 2003 Page 4 1 Commissioner Hanson noted the Apache Plaza project was currently being considered and 2 wondered what would be done with the locally owned businesses and franchise locations. He 3 added he was somewhat disappointed with the decision, as businesses and climates change. He 4 indicated he did obtain good information to bring back to the Planning Commission. 5 6 It was noted the City had been considering many variances recently, and the suggestion was 7 made that research regarding changes should be conducted and recommendations/information 8 given regarding issues such as the number of parking spaces required at restaurants. 9 10 B. Review Northwest Quadrant Planned Unit Development(PUD). 11 12 John Shardlow, DSU, noted the City of St. Anthony Village had begun to proactively pursue a 13 planning process for the redevelopment of the 250-acre North_ west Quadrant of the City. Mr. 14 Shardlow gave a project overview, which included the goals of the planning process; noted the 15 public meeting schedule and milestones; discussed the consistency of the comprehensive plan; 16 explained the Planned Unit Development (PUD); noted the process for PUD review; reviewed 17 the Design Framework Manual. 18 19 Mr. Shardlow explained site drawings from within the Design Framework Manual. He noted the 20 plans included the following: a very strong main street through the center; a strong public open 21 space within the center of the project; strong visual corridors; strong ties to park, which was 22 designed to substantially improve the runoff and would include a high level of amenities, 23 extensive landscaping and a few structures; strong pedestrian trail system; transit improvements. 24 25 Mr. Shardlow indicated the following concerns had been expressed by the Planning 26 Commission: concern the name of the development would cause some confusion; a request for a 27 specific drawing that would show the view directly across the parking lot to the discount store, as 28 the Commission wanted to see what the straight-line view would be; concern that the image and 29 character of the development emulate more directly the surrounding,.older neighborhoods. He 30 stated he did not personally share that viewpoint. 31 32 Mr. Shardlow stated the next step was to put together the detailed planning report. 33 34 Councilmember Thuesen asked if access was being planned for those with disabilities or special 35 needs. Mr. Shardlow responded all areas for accessibility would be considered. 36 37 Councilmember Thuesen asked if some thought would go into transit issues, as they related to 38 development, so handicapped accessibility would be addressed. Mr. Shardlow responded it 39 would. Councilmember Thuesen added it was very important there were no barriers in a new 40 development such as this project, as all those issues should be carefully considered. 41 42 Councilmember Thuesen asked about the signage for the project. Mr. Shardlow responded a 43 visual preference survey had been done and the most favorable reaction had been to signage that 44 was unique. He added consistent locations along the fagade would be found, along with a 45 consistent standard for size and types of letters that would be internally illuminated. 46 City Council Regular Meeting Minutes August 26, 2003 Page 3 1 Councilmember Faust asked if this was the first sign that would be different from the others. 2 Councilmember Horst responded it was and described the difference between what was 3 acceptable and the sign Bumper to Bumper wanted to use. 4 5 Councilmember Thuesen indicated some businesses were able to custom-make their signs, since 6 other tenants had been expected to stay with what was expected. 7 8 Councilmember Horst noted he had seen catalogs of signs for franchisers to fit the criteria across 9 the country and they would just have to match the criteria with what was in their catalogs. 10 11 Councilmember Thuesen asked Councilmember Horst what his thoughts had been when he 12 opened up his business. Councilmember Horst responded it would have been easier to put up a 13 "canned" sign; however, all the surrounding businesses had been expected to meet the criteria. 14 He restated he did not want to discourage business from coming into the City; however, he felt 15 meeting the criteria_would not be a hardship for either Bumper to Bumper or Subway. 16 17 Discussion followed regarding the procedures and time limits involved in having the Planning 18 Commission revisit this issue. City Manager Morrison explained a 60-day extension could be 19 given if Council sent the amendment request back to the Planning Commission. 20 21 Councilmember Horst stated he would recommend sending the amendment request back to the 22 Planning Commission. 23 24 Councilmember Thuesen noted one of the positive things about the shopping center was the 25 uniformity of its signage. He added he wrestled with this issue because he did not want to 26 discourage good businesses;however,he felt Councilmember Horst had made good arguments. 27 Councilmember Thuesen stated he would be comfortable sending this issue back to the Planning 28 Commission. 29 30 Councilmember Horst stated the City could extend the period of time the banner was allowed 31 until the issue was resolved. 32 33 Mayor Hodson agreed. He stated he did not want to put the City in a position where it was 34 discouraging businesses, especially in a shopping center that was in need of improvement.. He 35 agreed with moving toward a compromise for the sign. 36 37 City Attorney Gilligan indicated an extension of 60 days should be allowed to consider the 38 resolution. 39 40 Motion by Councilmember Horst to send Resolution 03-073, approving an amendment to the 41 Comprehensive Sign Plan for the St. Anthony Shopping Center,back to the Planning 42 Commission and offering a 60-day extension on the application from St. Anthony Shopping 43 Center, LLC. 44 45 Motion carried unanimously. 46 City Council Regular Meeting Minutes . August 26, 2003 Page 2 1 Vl. REPORTS FROM COMMISSIONS AND STAFF. 2 A. Planning Commission—August 19, 2003. 3 1. Resolution 03-073, re: St. Anthony Shopping Center, 2900 Pentagon Drive; 4 comprehensive sib amendment. 5 Planning Commissioner Todd Hanson noted a public hearing had been held August 19, 2003, 6 regarding the St. Anthony Shopping Center, LLC, request to amend its comprehensive sign plan. 7 He added the Center had recently signed leases with two tenants that had regional and national 8 scope: Bumper to Bumper and Subway. He explained these tenants had developed a logo with 9 uniform signage to promote their stores and gain recognition;however, the current . 10 comprehensive sign plan did not provide sufficient flexibility of sign design to accommodate 11 regional and national tenants who had distinctive and uniform signage for all their locations. 12 Commissioner Hanson stated the petitioner was requesting an amendment to the St. Anthony 13 Shopping Center's comprehensive sign plan to allow for logo signs which deviated from what 14 was currently allowed. 15 16 It was noted staff recommended approval of the comprehensive sign plan amendment for the St. 17 Anthony Shopping Center,recognizing the marketplace with logo signs and the need for store 18 recognition. 19 20 Councilmember Horst stated he was involved with the original sign plan, which was meant to 21 keep a consistent, modern appearance to the shopping center. He noted the other tenants had 22 been expected to follow the plan. He indicated he would be disappointed if this sign amendment 23 allowed signs like the current Bumper-to-Bumper sign, as he felt"it stuck out like a garage-sale 24 sign." 25 26 Councilmember Horst noted the national franchises were not locked into only one sign. He 27 discussed ways the signs could be changed to be acceptable. He stated a quality tenant should be 28 expected to have quality signage. Councilmember Horst indicated he was opposed to amending 29 the signage criteria. 30 31 Commissioner Hanson asked a representative of the petitioner, if he had a rebuttal. The 32 representative responded he did know Bumper to Bumper had other criteria they could use; 33 however, he felt the City did not want to place restrictions on good employers who were bringing 34 jobs and businesses to the City. He added he understood examples of signs had been submitted. 35 36 Councilmember Horst indicated the example he had seen was the kind of sign the City had been 37 trying to avoid in the shopping center. He stated he did not want to prohibit tenants but wanted 38 to provide a consistent look to the shopping center. The petitioner's representative responded 39 these were reasonable thoughts; however,he did not think Bumper to Bumper could reengineer 40 its signs for each community. 41 42 Councilmember Horst indicated he felt Bumper to Bumper had a wide range of sign choices. 43 The petitioner noted he would hesitate to put up a lot of barriers to bringing them into the City. 44 He added updated signage that would be more consistent for the Center could be considered. 45 City Council Regular Meeting Minutes August 26, 2003 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 AUGUST 26, 2003 6 7 CALL TO ORDER. 8 Mayor Hodson called the meeting to order at 7:01 p.m. 9 10 PLEDGE OF ALLEGIANCE. 1.1 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan. 17 18 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF AUGUST 26, 2003, CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of August 26, 23 2003. 24 25 Motion carried unanimously. 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 HI. COMMUNITY FORUM. 31 No one came forward to address Council. 32 33 IV. CONSENT AGENDA. 34 A. Approve August 12, 2003, Council meeting minutes. 35 B. Consider licenses and permits. 36 C. Consider payment of claims. 37 D. Consider Ordinance 2003-009 re: Amending ordinance to allow liquor establishments to 38 remain open until 1:00 a.m. Q d reading) 39 E. Consider Ordinance 2003-011 re: Fireworks (2"d reading). 40 41 Motion by Councilmember Horst to approve the Consent Agenda items. 42 43 Motion carried unanimously. 44 45 V. - PUBLIC HEARINGS. 46 None. 47 Adult Day Care in the Industrial Zoning District Page 2 You will need to be present at the public hearings and City Council meetings mentioned above. Like I mentioned at our meeting at City Hall,this process will take some time, as you can see from above. I hope this helps. If you have questions,please call. I can be reached at 612-789-8881. Sincerely, 40-P V-Va Susan M.H. Hall Assistant City Manager Encl. sin thon ills e . September 30, 2003 Michael J. Wagner, Jr. 2924 Anthony Lane North Minneapolis, MN 55418 Subject: Adult Day Care in the Industrial Zoning District Dear Mr. Wagner: I am in receipt of your request to appear at the October 21 Planning Commission. I would like to clarify for you the city process that will need to pass in order for you and/or a tenant to request a conditional use permit for adult day care in the industrial zoning district. Although I cannot predict the outcome of your requests, I wanted to give you an idea of the flow of events. First of all, on October 21, you will be appearing before the Planning Commission requesting that the City's zoning ordinance for industrial zoning district be amended to include adult day care as a permitted conditional use. After that,the Planning Commission will most likely call for a public hearing for the ordinance amendment at their next meeting, which will-be November 18. The next step in the city's process is the City Council will hold three readings on the ordinance amendment at the three consecutive meetings following the November 18 public hearing. The City Council typically meets the second and fourth Tuesdays of the month. However,their meeting dates have changed a bit in November and December. In this case, the readings would occur on December 8, January 6, and 13. There is no meeting on December 23. Keep in mind the ordinance change will need to take effect and the readings will have to have occurred before you or your tenant's Application for Conditional Use Permit(which I have enclosed) goes before the Planning Commission. I think it would be all right to file the application if the ordinance amendment is in process at the City Council level. The Conditional Use Application will trigger a public hearing for the specific request for an adult day care use in the industrial zoning district. If you go ahead according to what I have laid out above, your conditional use permit request would go to the January 20 Planning Commission meeting for a public hearing. You would need to file the Conditional Use Permit Application and fee by December 19 to stay on this schedule. That request would go to the next regularly scheduled City Council meeting,which would be January 27. 3301 Silver Lake Road, St.Anthony, Minnesota 55418-1699•www.ci.saint-anthony.mn.us •(612) 789-8881 -FAX(612)781-9323 Our Mission is to be a progressive and livable community,a walkable village, which is safe and secure. CITY OF ST. ANTHONY ORDINANCE 2003-007 AN ORDINANCE AMENDING SECTION 1635.03 OF THE ST. ANTHONY ZONING CODE TO ALLOW ADULT DAY CARE CENTERS AS CONDITIONAL USES IN COMMERCIAL DISTRICTS The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1635.03 of the City's Zoning Code is amended to add the following use as a permitted conditional use within a general commercial district.(C District); (y) Adult Day Care Centers, licensed under Minnesota Statutes, Chapter 245A and Minnesota Rules, Sections 9555.9600 to 9555:9730. Section 2: This ordinance will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 10, 2003 opte 24, 2003 Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin .2003 MEMORANDUM DATE: 10/15/03 MEETING DATE: 10/21/03 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Adult Day Care in Industrial Zoning District Background: Michael Wagner, who owns a professional office building at 2924 Anthony Lane North in the Light Industrial zoning district, has approached city staff about having an adult day care center in his building. A potential client who has an interest in his building has approached him. At this time, adult day care is allowed in the Commercial zoning district as a permitted conditional use, per the adopted ordinance resolution attached. Mr. Wagner has asked to be placed on the October 21 Planning Commission meeting agenda for discussion purposes of said request. Mr. Wagner and his client have both asked staff if this request can be expedited. If adult day care were to be allowed in the Industrial zoning district, city staff has advised Mr. Wagner that he would need to go through a process for such approval (see attached letter). Attachments: • Ordinance 2003-007 • September 30, 2003, letter to Michael Wagner I ST. ANTHONY SHOPPING CENTER LLC Post Office Box 555 Wayzata,Minnesota 55391 To: Susan M.H. Hall From: Al Esther RE: Amendment to St. Anthony Shopping Center Sign Criteria Date: October 2, 2003 Dear Ms. Hall: We would like for the Planning Commission to consider the following change to our sign criteria: Current Language: Found on Page 1, Paragraph 2,Number 1, which reads: "All.Tenant signs must be individually illuminated neon channel letters with plastic translucent faces. Painted faces are not acceptable" Proposed Language: "All Tenant signs must be individually illuminated neon channel letters with plastic translucent faces. Painted faces are not acceptable except when used for tenant logos. Painted logo panels and back lit panels will be allowed provided they are less than 50% of the total tenant sign surface" We plan to attend the next meeting and be available to answer questions Yours truly, Al Esther Principal Direct Phone: 612-741-6469 Page 2 - St. Anthony Shopping Center Sign Plan Amendment Staff Recommendation: The question for the Planning Commission is this: does the proposed language for logo signage address the issues raised over the last couple of months. Are there parameters in place to ensure consistency? The other items of note above should be addressed with the applicant before the comprehensive plan amendment recommendation moves to the City Council for approval. Attachment: • October 2 memorandum from St. Anthony Shopping Center, LLC MEMORANDUM DATE: 10/14/03 MEETING DATE: 10/21/03 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: St. Anthony Shopping Center Sign Plan Amendment Requested Action: As requested at the September 16 Planning Commission meeting, the St. Anthony Shopping Center has presented the attached sign criteria to address logo signage for their comprehensive sign plan. This is unfinished business from the September 16 public hearing in the applicant's quest to update their comprehensive sign plan. Since August, the shopping center has been attending Planning Commission and City Council meetings to address the need and implementation of logo signage. Background: St. Anthony Shopping Center recently signed leases with two tenants that have regional and national scope: Bumper to Bumper and Subway. The current comprehensive sign plan does not provide sufficient flexibility of sign design to accommodate regional and national tenants that have logo signage for all their locations. At the last Planning Commission meeting, it was recommended to the City Council that yellow lettering be added into the comprehensive sign plan for approval to allow Subway to put up their sign, as they are ready to open for business. It was decided the remainder of the issues surrounding the logos be addressed at a future meeting once the applicant presented the City with proposed language. The applicant is presenting the following to address logo signage: All tenant signs must be individually illuminated neon channel letters with plastic translucent faces. Painted faces are not acceptable except when used for tenant logos. Painted logo panels and back lit panels will be allowed provided they are less than 50 percent of the total tenant sign surface." See attached memorandum from the applicant dated October 2, 2003. Other items of note related to the comprehensive sign plan and current signage at the Shopping Center: a) The Subway logo sign also includes white lettering (as well as yellow). White is not a part of the existing comprehensive sign plan. This color will need to be added into the sign criteria. b) What is the size of the temporary banner above the Bumper to Bumper store? It appears to take up more than its' share of the wall area. c) The El Ray Bakery has up a temporary sign and has for quite some time. They have not come in to pull a sign permit. What is the bakery's plan for a permanent sign?