Loading...
HomeMy WebLinkAboutPL MINUTES 07181989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII II IIII 101571 Box: 21 Folder: PL MINUTES AND AGENDAS 1989 Document: PL MINUTES 07181989 1 • CITY OF ST. ANTHONY- PLANNING COMMISSION MINUTES JULY 18 , 1989 The meeting was opened at 7 : 30 p.m. with the Pledge of Allegiance led by Chair Madden. ROLL CALL Present: - Brownell , Franzese, Hansen, Madden, Wagner, Werenicz . Absent : London. Also Present: Susan VanderHeyden, Acting City Manager. JUNE 20, 1989 PLANNING COMMISSION MINUTES Motion by Hanselk seconded by Brownell , to approve . • Motion carried unanimously. COMMISSIONER WERENICZ DESIGNATED TO REPRESENT PLANNING COMMISSION AT JULY 26TH CITY COUNCIL MEETING. PUBLIC ' HEARINGS At 7 : 36 p.m. Chair Madden opened the public hearing to consider . the request from META Operating Limited- Partnership for a variance from Zoning Ordinance Section 12_,- Subdivision 9 (8) to construct a gravel parking lot- at -2701 Kenzie Terrace . The Chair read the notice of the hearing which had been duly published in the July 5th Bulletin and mailed. No one present reported faiure to receive the notice or objected to its content . Staff Report In response to a question by Commissioner Wagner, Acting City Manager VanderHeyden reported the only information the City • has on construction materials and methods planned by META is 2 • contained in their petition for variance and attachments . Responding to a question by Chair Madden, VanderHeyden advised the Commission that , although the underground tanks have been removed from the property, the City presently has no information available to it concerning the PCA' s timetable for testing the soil . Commissioner Hansen referred- Acting City Manager to a letter sent to the developers by the City about the condition of the lot and asked whether any response had been received. VanderHeyden said that META' s presence at this hearing was in response to that letter concerning a zoning violation. Daniel Tyson, Attorney for. META Operating Limited Partnership Mr. Tyson reviewed META ' s request to build a gravel parking lot versus a concrete or asphalt parking lot as required by zoning ordinance based on the fact that construction of a gravel parking lot is the optimum use of the property at this time. Mr. Tyson noted that Kenzington is now nearly 100 percent occupied, and that additional parking accommodations are • necessary. Mr. Tyson reminded the Commission that overflow parking was discussed at the time of the condominium project ' s original approval , but because the occupancy rate was low for such a long time the overflow parking situation was never addressed and resolved. Additionally, META has identified no long-term tenant for the property, Mr . Tyson reviewed the fact that the property had at onetime been the site of a service station whose underground storage tanks had leaked, which fact was discovered in September 1987 when site excavation was undertaken. At that time , the PCA was called in to investigate the soil condition. Mr. Tyson told the Commission that he had met last week with Delta Environmental Consultants and a representative of the PCA to discuss the hydrologist ' s report which identifies required corrective measures , specifically, monitoring wells and additional testing. Mr. Tyson stated that the nature and scope of the testing and resolution of the soil pollution problem is undetermined at this time , and that META has concluded that constructing an asphalt or concrete parking lot would be a waste of money considering the fact that it might be demolished in the course of testing and cleaning the soil . • Mr . Tyson claimed that META is subject to undue hardships 3 • which are unique to the property due to the fact that potential PCA cleanup requirements might involve constructing, removing and then reconstructing a concrete or asphalt parking lot at META' s expense, as well as the disruption to the immediate neighborhood involved in repeated construction and demolition. Mr. Tyson claimed that the undue hardship which is beyond the control of the property owner is the fact that the soil pollution is a condition which META inherited but did not create . Mr . Tyson stated that META would not change the essential character or use of the property, and would try to conform to the promises that were made to the condominium association with regard to overflow parking. Mr . Tyson referred the Commission to the drawing by- Pfister Architects which depicts a 46-stall parking lot . He pointed out that the only variance requested by META is with regard to the materials to be used; that setback requirements would be met; that the portion of the property not to be used for parking would be maintained as lawn; that railroad timbers or some similar barrier would be installed along the perimeter of the parking areas; and that a smooth traffic flow will be maintained by designating an entrance and an exit to the lot . • Commissioner Franzese asked Mr. Tyson what the term of the requested variance was . Mr . Tyson responded that META was asking for a one-year, renewable variance . Commissioner Franzese asked Mr . Tyson when work on the lot would commence . Mr. Tyson responded that META would go ahead with the project as soon as they could. He stated that META has allocated funds for the project and that they had a couple of bids out although nothing has come back yet. Commissioner Werenicz asked if Mr . Tyson knew where the PCA monitoring wells would be installed.- Mr. Tyson responded that he understood the PCA to have recommended three wells , one to be upstream. He stated that his understanding was that the water flows downstream in a southeasterly direction, and that one well would be installed in the proposed island area between the entrance and exit, and that one would be ins.talled in the grassy area next to the parking area where the tanks had once been located. Commissioner Werenicz then stated that it appeared to him as though the proposed wells wouldn' t interfere with the paved parking area itself . Mr . Tyson responded that they felt they might lose one or two parking stalls because at this time flush-mount wells are not available and that a pipe would extend above ground level , making necessary the installation of a barrier consisting of • posts around the protruding pipe . 4 • Mr . Tyson further stated that at this time he had no estimates on the cost of the cleanup operation, but that he had heard the cost might be as high as $150 , 000 . He .noted that his client is legally responsible for the site cleanup although they had not created the problem. He reiterated that META felt that installation of an asphalt or concrete surface would be a waste of money at this time . Commissioner Werenicz pointed out that by the same token a gravel surface might have to be dismantled, and asked whether Mr. Tyson had any cost comparisons between a gravel surface and an -asphalt or concrete surface .. Mr. Tyson responded that he had none , but that he understood that once asphalt has been cut into that it is subject to further breakage . Commissioner Franzese asked whether the owner who had installed the storage tanks had any liabiity for the cleanup operation . Mr . Tyson responded .that the law reads that any owner or tenant of the property who may have caused the problem to occur is liable to the State and is jointly and severally liable to the current owner- of the property. He stated that META also hoped to be able to apply to a special fund established by the State which provides financial relief • to property owners for remediation of soil contamination problems . Commissioner Hansen asked Mr . Tyson to provide the Commission with specifics of the PCA' s plan of action. Mr . Tyson responded that last week the PCA had requested META' s consultant to prepare a report. He noted that Subterranean Engineering had prepared a report in the spring of this year and presented it to the PCA. The PCA at that time asked that additional tests to' be performed, and those tests were also made. The site study has subsequently been delayed due to personnel changes within the PCA and to merger of Subterranean Engineering with another company. Mr . Tyson' s most recent communication from the PCA was a letter approximately a month and a half ago suggesting that the studies be recommenced. Mr . Hansen again asked for the PCA' s timetable . Mr . Tyson reponded that at this time Delta is in the process of preparing a cost estimate of .their services to META and a list of the soil tests which need to be performed. Mr . Tyson stated that he expected to receive those cost estimates within a day, and that once they were received that META would be in a position to hire a new engineering company to drill the wells and perform the tests after their consultant • redetermines the correct location of the wells based on water 5 • flow. He indicated that Delta hoped to have a final remediation plan prepared for submission to the PCA by October. Commissioner Franzese asked whether any remediation was planned for any potentially contaminated water in the area. Mr. Tyson indicated that at this time the extent of the contamination is unknown and will not be known. until the monitoring wells are in place . Commissioner Franzese then asked whether META had- considered finding an alternate parking area for its employees which would provide some immediate relief to the tenants . Mr. Tyson responded that, due to the employees ' irregular hours and the safety and security issues involved, META felt that employee parking should be close to the building. Alice Finley, manager of the Kenzington Condominium Association, responded that at this time all employees are parking in the overflow parking area . Mr . Tyson noted that the outside parking beside the building was reserved for visitors only. He stated that the overflow parking area would be carefully monitored to exclude unauthorized parking. Commissioner Hansen stated that he had investigated the cost • of a gravel versus a low-stress asphalt parking surface, and had discovered that asphalt might 'be as cheap as gravel . He noted that META has already decided to assess the association $10 per parking stall for the cost of paving the overflow parking area, and wondered why, if META had been able to determine the amount of the assessment, they were not able to provide cost estimates of gravel versus asphalt or. concrete to the Commission. He asked upon what figures the assessment had been based. Mr. Tyson indicated that he did not have that information with him. Commissioner Hansen asked that those figures be provided to the Commission, and Mr. Tyson agreed to forward whatever cost information was available to the Commission. Mr . Tyson indicated, however, that the nature of META' s hardship is not purely economic . He noted that the property will be the subject of future excavation and that a concrete or an asphalt parking surface is perceived to be permanent whereas the nature of gravel is temporary. Commissioner Hansen noted that conrete and asphalt are as readily removable as gravel . Commissioner Franzese asked whether Mr. Tyson knew why there were only 12 parking spots outside the building instead of the 15 originally planned, but Mr . Tyson was not aware of the • reason for that . 6 • Commissioner Wagner asked Mr . Tyson for- an assurance that . if the Commission approved the variance for a gravel parking lot, the lawn, timbers, and gravel would be properly maintained. Mr . Tyson agreed that such maintenance would be performed. _ - - - - --- - - - - i Commissioner Brownell asked whether Mr. Tyson felt that the current parking declaration between META and the residents of Kenzington was no longer in force . Mr . Tyson. agreed that it was not .. Commissioner Brownell then asked Mr . Tyson whether it was META' s intent to provide a new agreement or declaration once the overflow parking area was built, which - Mr. ' Tyson affirmed. He stated that the current agreement was inaccurate due to the fact that building and lot improvement plans were never carried out . Commissioner Franzese asked where the residents who have more than one car currently park. Mr . Tyson stated that there were. condominium 150 units and 142 parking stalls but that not everyone who owns a unit also owns a parking stall . Acting City Manager VanderHeyden stated that the lot was the overflow parking area for the residents as well as the visitors . Chairman Madden opened the hearing to the public . Mr . Paul Wehr of 2616 27th Avenue Northeast stated that several years ago former City Manager Childs and the Mayor had promised that a fence would be installed along the alley to prevent people from cutting across from Wilson Avenue to Kenzie Terrace . He stated that when the Legion Hall occupied the property they had installed a blacktop barrier, which proved to be ineffective, and wondered whether railroad ties would be any better . . Carole Sorenson of 2626 Kenzie Terrace , housing manager of Walker on Kenzie, noted that 'she was in favor of the parking lot. She stated that from time to time Walker on Kenzie had experienced problems with unauthorized parking on their property by visitors to Kenzington. She asked how Kenzington owners would mark parking spots on a gravel surface, and how they planned to monitor ,indiscriminate parking such as a motor home or a boat and trailer . Evelyn Hedburg of 2601 Kenzie Terrace noted that current parking for Kenzington is inadequate, and stated that she was concerned that the residents of Kenzie Terrace have a • permanent overflow parking facility. Ms . Hedburg inquired as • to how snowplowing could be done on a gravel lot . She also noted that the residents of Kenzington whose units face the parking lot would be subject to dust raised by traffic on a gravel lot . George Mitchell of 2601 Kenzie Terrace noted that Kenzington ' s visitor parking is inadequate. He wondered whether the Planning Commission had had anything to do with the parking design for the building. He stated his preference for an asphalt parking lot. He 'suggested that parking stalls could be marked on bumper posts . He indicated that he would prefer permanent overflow parking, and that he would like to see META donate the overflow parking area to Kenzington as a permanent parking facility. He also stated that the Kenzington is built on too small a lot, resulting in inadequate parking. Bill Hedburg of Kenzington stated his preference for a permanent parking facility. He suggested that the parking lot be lighted for security and safety reasons . Mr. Mitchell Arduser of 2601 Kenzie Terrace stated that, from his experience in the construction industry, the best way to construct a parking lot is to lay down a gravel bed and allow • it� to settle before paving with asphalt. No further questions forthcoming from the public, Chair Madden re-presented the questions submitted to Mr. Tyson for his response . Mr. Tyson stated that the combination of a ten-foot strip of grass along with timbers would adequately prevent traffic from cutting across from Wilson to Kenzie . He indicated that the proposed timbers are generally considered not to be mountable by vehicles , and would be anchored into the ground so that they could not be removed. He noted that the Legion post ' s use of the property was very different from what Kenzington' s use of the property will be , and foresaw a more orderly traffic and parking pattern. Mr . Tyson indicated that fencing would be in the nature of a permanent structure and inconsistent with a temporary parking lot, and declined to commit to erecting a fence as a barrier. Mr . Tyson agreed that it would not be possible to paint stripes designating parking stalls on a gravel surface. Ms . Finlay asked to be allowed to respond to the question of monitoring unauthorized parking. She suggested that each • parking stall be marked with a bumper post, and that 12 8 • stalls be reserved for staff . For those residents who want an. overflow, second parking spot, the bumper post would be designated with their name and a fee would be charged for that second parking spot . The remainder of the parking spots would be designated for visitors . She stated that the Kenzington advisory committee had recently voted to allow second- and third-shift staff parking in the visitor area in front of the building due to lack of visitors during those hours . She stated that lighting was a new concept to her and had not previously been discussed.- She suggested that bumper stickers could be provided to staff and residents using the overflow parking area , and that visitors would be required to register at the front desk. Chair Madden asked Mr. Tyson how long he felt META would be able to provide overflow parking to the residents of Kenzington. Mr . Tyson responded that he would ask META that question, but that the answer would probably depend upon the ultimate use of the property. Chair Madden suggested that snowplowing gravel was not possible, and that a low=impact asphalt surface would be suitable for all seasons . Mr. Tyson concurred with Ms . Finlay that there are no current plans to light the overflow • parking lot. Commissioner Franzese asked where street lighting was located in the vicinity of the parking lot, but that information was unknown. Evelyn Hedburg stated that the Kenzington residents were originally informed that they were allowed to park in the overflow lot evenings and weekends , but that there are many times during the week when overflow parking is needed. She reiterated that a temporary parking situation is inadequate for the needs of the residents . Commissioner Wagner responded to George Mitchell ' s concern about the Planning Commission' s involvement in Kenzington ' s parking design. He noted that the Commission had originally questioned the number of parking places planned and had recommended more, but had received assurances from the developer that on a condominium basis the number of parking spots was adequate. Dick Parrill of 2601 Kenzie Terrace noted that the building was originally planned to be four stories instead of five, and that when the fifth floor consisting of 25 units was added no parking spaces were added. He reminded the Commission that they and the Council had approved the addition of the fifth floor as it 'was presented to them. • Commissioner Wagner stated that the final plan was approved 9 • inluding the parking for the number of units , and. that it was based on assurances by the developer that the number of parking spaces planned was adequate . • Chair Madden invited Mr. Tyson to make his closing statement . Mr. Tyson acknowledged that the discussion had raised many questions not anticipated by META, and that he would present those issues . to META. He reiterated that denial of the variance request would be a hardship, and asked that the variance for a gravel lot be recomended by the Commission. Helen Skirka of .2601 Kenzie Terrace stated that it is obvious that the size of the building is far too large f'or the parking provided, and stated her belief that the Commission did not properly consider the amount of parking required for the addition of a fifth floor to Kenzington. Commissioner Franzese stated that the situation at the time was constantly evolving, and that originally only one level of parking was proposed until the second. level was added, and that the developer at one time had intended to provide underground visitor parking. Mr. Arduser suggested that the City should install a street light at the location of the parking lot, which would resolve • the lighting issue . Commissioner Franzese asked Mr. Tyson whether META had a reason beyond cost considerations for installing gravel as opposed to asphalt or concrete. Mr. Tyson responded that the point of installing a flexible surface is to ease the remediation efforts . Chair Madden, in response to a question by Bill Hedburg, clarified the use of the word "temporary" to refer to the use of gravel versus asphalt , rather than the use of the property as overflow parking. There being no further discussion, Chair Madden closed the public hearing at 8 : 46 p.m. COMMISSION REACTION Commissioner Hansen expressed concern about the absence of information about the PCA ' s timetable . He stated that this lack of information leads him to believe that a temporary situation could easily involve into a permanent one . He objected to the fact that , although the cost of the project had been presented to the Commission as one of META' S • concerns, no actual cost estimates were made available to the 10 • Commission for its consideration. He stated his belief that an asphalt surface might be as cheap as gravel to install and would certainly be easier to maintain. He pointed out that a gravel parking lot in the vicinity of the St . Anthony Shopping center would detract from the recent redevelopment efforts in that area. He stated that the real hardship lies with the residents of Kenzington, and that the Commission has a responsibility to listen to their need for a permanent overflow parking facility. He indicated that he would like the Commission to delay making a recommendation until more information such as cost estimates and a cleanup timetable can be presented to the Commission for their consideration. Commissioner Wagner stated that the Commission should make an immediate recommendation based on the Kenzington' s immediate need for improved overflow parking. He noted that the PCA is notoriously slow and that to wait for information from the PCA might mean deferring a recommendation indefinitely. Commissioner Wagner expressed the opinion that the variance should be granted for only six months rather than one year, and that at the end of six months a determination should be made as to whether an asphalt or concrete surface can be installed. • Commissioner Werenicz agreed with Commissioner Hansen that asphalt should be installed, and also agreed with Commissioner Wagner that time spent waiting for information from the PCA would be ill spent . He expressed the view that if the gravel surface is recommended and after a year the PCA information is still not available, the applicant would return asking for another ' s year ' s extension for the gravel surface , which would be unsatisfactory. Commissioner Franzese agreed with Commissioner Hansen on the need for figures , but expressed the opinion that some sort of surface should be installed as soon as possible. She agreed with Commissioner Wagner that the renewal period should be six months rather than one year . Commissioner Hansen reiterated that the Commission has no information indicating that asphalt is more expensive to either install or demolish than rock, and stated that asphalt is easy to patch.. Commissioner Brownell expressed his discomfort with approving the request as presented because of the absence of information regarding the PCA timetable. He acknowledge that META does intend to •provide overflow parking to Kenzington residents , but stated that he saw no compelling reason for • gravel as opposed to asphalt. 11 • Chair Madden pointed out that six months from now would be the middle of winter and that parking lot demolition or construction, no matter what the material , would not be practical at that time . He pointed out that asphalt is easily removable, and opposed granting a long-term variance. Commissioner Wagner obtained permission from Chair Madden to address Mr. Tyson: He asked Mr . Tyson what would happen to the parking lot if the Commission and the Council denied META' s request . Mr. Tyson indicated that he had no answer to that- question. He -said that gravel was the only type of surfacing that had actually been discussed, but -that the Commission meeting had raised a great many issues which he would bring back to META for consideration. PLANNING COMMISSION RECOMMENDATION Motion by Wagner., seconded by Franzese, to recommend that the Council grant a variance to META Operating Limited Partnership to construct a gravel parking lot at 2701 Kenzie Terrace for a period of three months based on required future environmental tests on the soil of the parking area; the • three-month time period to commence with Council approval . Discussion on the Motion Commissioner Hansen noted that if the gravel proves unsatisfactory after three months that the City would ,have difficulty making the developer pave the lot with asphalt or concrete even if the Commission were to deny the applicant ' s renewal request at that time . Commissioner Franzese expressed the opinion that the Commission was trying to help the residents of Kenzington to obtain desirable parking, but that they were faced at this . time with dealing with a limited offer. Commissioner Hansen pointed out that META never said they wouldn ' t blacktop the lot and that the tradeoff was unknown. Chair Madden noted that much more information will be available from the PCA, from META, ' and from the Kenzington residents when META returns in three .months, and that allowing a gravel parking lot for three months would not significantly detract from the area ' s appearance. Commissioner Franzese suggested that Mr . Tyson obtain the information requested by the Commission in time for the City • Council meeting. 12 Voting on the motion: Aye : Brownell , Franzese, Madden, Wagner. Nay: Hansen, Werenicz . Motion carried. Chair Madden advised Mr . Tyson to be present on July 26th for the City Council meeting and to bring the additional information he is able to obtain to that meeting. MISCELLANEOUS Signage Along Silver' Lake Road Acting City Manager VanderHeyden informed the Commission, in response to- questions raised at the last meeting, that the Hardee ' s sign is a masonry sign but was covered- with stucco to match the building. She also noted that Vargas has been sent two notices regarding its non-conforming sign on Silver Lake Road and that St. Anthony Self-Storage has been sent a • notice of non-conformance . META Partnership Variance Commissioner Hansen expressed the opinion that the META partnership has been consistently uncooperative in its dealings with the City. He pointed out that META had offered no exhibits of grou-ndwater pollution, in its presentation, and wondered why the City didn ' t appear more concerned if there truly is groundwater pollution at that location. Acting City Manager VanderHeyden affirmed that the City is concerned .about pollution within its limits , but cited the difficulty and slowness of dealing with the MPCA and the EPA. Commissioner Franzese expressed the hope that the gravel parking lot would serve the Kenzington residents temporarily, and pointed out that paving the lot with gravel , albeit not the most desirable surface, is a first step to improving the . lot. Commissioner Hansen said he felt that ,META' s prime motivation for paving the parking lot was tenant pressure, and that tenant pressure might also motivate META to use blacktop or concrete in• the future rather than gravel . • St . Anthony Shopping Center 13 Chair Madden noted that both the Montessori school and the library have two signs and wondered why the Commission could not allow Nationwide Sewing and Vacuum, on a similar corner location as the library, to have two signs . Acting City Manager VanderHeyden responded that the store owner was unsure about his future course of action and had decided to wait to return to the Commission until August . Chair Madden referred to statements made by Joseph DiSanto of Victoria Management indicating that , if tenants so lobbied, the sign band could be wrapped around the -side of the building to a-llow _signage. on the side of the building. Chair Madden noted that Nationwide Sewing and Vacuum is in a very visible location and that the side of the building is a very desirable location for a sign. Commissioner Wagner indicated that his impression of the feeling of the Council was that Council members would not look favorably on. Nationwide Sewing and Vacuum erecting its old sign on the side of the building. Acting City Manager VanderHeyden noted that the Chamber of . Commerce had appointed a special committee to study the sign ordinance and make recommendations to the City. She commented that the Chamber had invited a member of the Planning Commission to join the committee. The consensus of • the Commission was to allow the committee to work independently. The Commission then reviewed the actions of the City Council regarding its June 20th recommendations . ADJOURNMENT Motion by Madden, seconded by Brownell , to adjourn the meeting at 9 : 27 p.m. Motion carried unanimously. Respectfully submitted, Doris Hoskin, Secretary