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HomeMy WebLinkAboutPL MINUTES 01191993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioizsi Box: 19 Folder: PL MINUTES AND AGENDAS 1993 Document: PL MINUTES 01191993 • CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 JANUARY 19, 1993 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 00 p .m. and the Pledge of 11 Allegiance was led by Chair Faust . 12 13 14 2 . ROLL CALL 15 16 Commissionmembers Present : Thompson , Franzese , Gondorchin , 17 Murphy, Werenicz , Madden and Faust 18 19 Staff Present : City Manager Burt and Management Assistant 20 Urbia 21 22 23 3 . APPROVAL OF JANUARY 19 , 1993 AGENDA 24 25 Commissioner Madden advised that members of the Commission had previously determined that agenda approval is no longer necessary . This item was removed from the agenda . 28 29 30 4 . APPROVAL OF DECEMBER 15 , 1992 MEETING MINTUES 31 32 Motion by Franzese, second by Gondorchin to approve the 33 minutes of the December 15 , 1992 Planning Commission meeting 34 with the following corrections : 35 36 37 page 2 , lines 27/28 : delete "what was formerly" 38 page 3 , line 11 : "requests" is singular , remove the "s" 39 page 3 , line 33 : Insert between "Commissioner" and "he" the 40 words "stated that" 41 page 4 , lines 22 , 23 & 24 : Delete this entire paragraph 42 page 4 , line 27 : Delete the word "only" 43 page 4 , line 34 : Correct "he" to "the" 44 page 5, line 51 : "paycheck" should be corrected to "payback" 45 page 6 , line 37 : Delete the word "be" at the end of the line 46 page 8 , line 44 : Insert between "do" and "can" the word "so" 47 48 Referring to the corrections for the November 17 , 1992 49 Planning Commission meeting, Commissioner Franzese inquired 50 • PLANNING COMMISSION MEETING 2 JANUARY 19 , 1993 3 PAGE 2 4 5 6 why "Chairperson" was corrected to "Chair. " Commissioner 7 Madden advised that this change had been made in the 8 Commission ' s by-laws . 9 10 Motion carried unanimously 11 12 13 14 5 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE FEBRUARY 9 , 15 1993 CITY COUNCIL MEETING 16 17 The rotation indicates it would be Commissioner Franzese ' s 18 turn to represent the Commission at the February 9 , 1993 19 Council Meeting. Commissioner Franzese advised she may not be 20 available at this time. Commissioner Gondorchin stated he may 21 be able to attend. Commissioner Madden also stated he would be 22 available . 23 24 Urbia advised there may be no need for a representative from 25 the Planning Commission to attend the February 9th meeting as there may be no agenda item which pertains to the Planning Commission . 28 29 30 6 . PUBLIC HEARINGS 31 32 There were no public hearings . 33 34 35 7 . MISCELLANEOUS 36 37 A. South End Redevelopment Review 38 39 A letter had been sent to property owners within 300 feet of 40 the redevelopment area informing them of this review. These 41 are the same property owners who received a mailing regarding 42 the "Walgreen ' s" proposed project . 43 44 Using an overhead, the City Manager reviewed the engineering 45 consultant ' s concept drawings for the proposed road 46 realignment in the redevelopment area. It was stated that this 47 review , is for information so that St . Anthony residents will 48 be aware of the proposed changes and have an opportunity for 49 answers to any questions or concerns . 50 0 PLANNING COMMISSION MEETING JANUARY 19 , 1993 3 PAGE 3 4 5 6 A graph reflected the existing roadway as well as the proposed 7 realignment . The City Manager advised that the removal of 8 Rosie ' s Restaurant and the Good Luck Cafe should be completed 9 within forty-five days . The Rosie ' s Restaurant property will 10 be converted into two residential lots . The trees which will it be taken with this acquisition will be replaced . 12 13 It is felt with the development of the two residential lots 14 and the placement of berms , the impact on the surrounding 15 neighborhood ' s residential profile will be minimal 16 17 The realignment will cause some lots to either gain or to lose 18 some property area . Those who lose property will be 19 compensated . Bona ' s service station and Mr . Levandowski will 20 gain property . 21 22 Access to the service station off 27th Avenue will be 23 eliminated and access to the meat market building will be 24 limited to Kenzie Terrace. Commissioner Madden was of the 25 opinion that to bring stock into the meat market building via the front door would be very unusual . 0 - 28 In response to an inquiry from Commissioner Franzese, the City 29 Manager stated there will be no need for additional 30 signalization . 31 32 A resident voiced his concern regarding the disposition of 33 water with this redevelopment . He lives near the proposed 34 realignment and has experienced water in his basement . 35 36 The City .Manager advised there will be no additional water 37 introduced into the storm sewer system. There will be no 38 additional paved surfaces and there will be some green spaces 39 included in the area . 40 41 This project will not be assessable to the benefitting 42 property owners . All of the funding will come from the Tax 43 Increment District . 44 45 The owner of the service station , Roger Bona , stated his 46 opposition to any restrictions on access to his business and 47 to his building. The City Manager advised him he will be 48 gaining property. 49 50 PLANNING COMMISSION MEETING 2 JANUARY 19, 1993 3 PAGE 4 4 5 The City Manager explained that the berm height will be 6 approximately three feet which will remove the initial shock 7 of headlights . Trees will also be planted on top of the berm 8 with an expected maturity of several years. 9 i0 A late April construction start is expected for the -project 11 with a completion sometime in September . Preliminary platting 12 of the two newly-created residential lots will be presented at 13 the neighborhood meetings . The lots will be sold by sealed 14 bid. The City Manager felt there was a potential for building 15 homes valued about $110 , 000 and there will be a one year 16 construction period stipulated in the purchase agreements . 17 18 Commissioner Madden expressed concern with the access to the 19 meat market building. The City Manager stated that this 20 building is also owned by Roger Bona . Mr. Bona has submitted 21 three different plans for changing the buildings on his 22 property. The City Manager felt there may be some questions 23 regarding access if the property were sold. "Access taking" 24 would be a tool the City could use if this happened. 25 Commissioner Franzese inquired as to the potential for legal action against the City if access were taken . The City Manager 28 responded that everyone has the ability to make a claim 29 against the City. The Commissioner noted she was surprised 30 that the engineering consultant did not conduct a water study 31 in conjunction with this project . 32 33 The City Manager will contact the engineering firm regarding 34 the potential water problems mentioned by the Commissioner and 35 the resident . 36 37 Cub Update 38 39 The City Manager advised the Commissioners that the Cub 40 project is on track. He noted that the Council has never 41 viewed the Super Valu project for 18th and Central Avenues as 42 competition but rather focused exclusively on the Apache Plaza 43 project . Super Valu has abandoned the site at 18th and Central 44 for a project . He expects the Apache Plaza store plans 45 to be finalized at the first Council meeting in February . 46 47 The drainage plan for the project will be submitted to the 48 Rice Creek Watershed District in the second week of February. 49 Barr Engineering has been hired to review standards so they 50 meet the" NURP requirements . PLAN14ING COMI,11ISSION MEETING 2 JANUARY 19, 1993 3 PAGE 5 4 5 6 Staff has been approached by a group of dentists who wish to 7 construct an 8 , 300 square foot office building at 39th Avenue 8 and Silver Lake Road. This building will house s.ix dentist ' s 9 offices . The dentists will do the bonding and pay for all 10 improvements required . They will use the "pay as you go" 11 method on the bonds . The City Manager explained this strategy. 12 13 The dentists have requested a land write down in the amount of 14 $125, 000 . It is anticipated this project , if approved, will 15 commence in March and no variances will be needed -at this 16 point in time. The Tax Increment District is '-still being 17 viewed for a ten year payback even with the inclusion of this 18 building. 19 20 Commissioner Franzese inquired what the future ofthe New Market build- 21 may be. The City Manager has been advised that there is a ing 22 proposal for use of the entire building but was not at liberty 23 to give further information . 24 25 Commissioner Gondorchin wanted to know if the impact of increased traffic on Silver Lake Road from patrons of the Cub Store had been considered during the reconstruction 28 discussions . The City Manager noted that it had been a 29 consideration but that no significant impact is expected as 30 peak traffic times are not when people traditionally go to the 31 grocery store . This traffic pattern is more constant . 32 33 The City Manager advised that zero lot line and setback 34 variance requests will have to come before the Planning 35 Commission . This will be a future agenda item. 36 37 B . Accessory Structure Permit 38 39 This information is being presented by the City Attorney to 40 the Planning Commission as a method that could allow 41 flexibility for the City in finding a hardship to allow a 42 variance . Previously, the ordinance made this very difficult . 43 44 Staff is requesting input on the wording of this information 45 for inclusion in the new code. Also, amending the code just 46 for the building season could be a consideration . 47 . 48 Commissioner Madden inquired as to what the present 49 requirements are for putting up a shed. 50 PLANNING COMMISSION MEETING 2 JANUARY 19, 1993 3 PAGE 6 4 5 6 Urbia responded a permit must be applied for and the shed must 7 comply with the Uniform Building Code. Commissioner Madden 8 inquired what the requirements are for sheds already built . 9 Urbia noted that a cement pad is necessary and a permit 10 probably would be required for prefab shed. 11 12 Discussion continued regarding meeting certain standards , 13 future requests for double garages and possible locations for 14 garages . It was noted that presently only garages which are to i5 be located beside or behind the house are addressed and only 16 side or rear. yard setbacks would be needed. 17 18 Urbia noted that the Council prefers only side or rear i9 setbacks . 20 21 Commissioner Madden inquired what impacts storage sheds may 22 have on neighbors . Urbia will pursue this information . He also 23 suggested that perhaps sheds should not be included in this 24 section of the code since the initial interest was only for 25 garages . 0 Commissioner Murphy felt that the dimensions are confusing as 28 worded and suggested there may be no need to include 29 dimensions as they could be viewed as arbitrary. 30 31 Commissioner Werenicz felt a "permit" hearing would be 32 necessary rather than a "variance" hearing and meeting the 33 three conditions for a hardship would no longer be needed. 34 35 Chair Faust and Commissioner Franzese felt the dimensions 36 should remain in the code. Chair Faust suggested the 37 dimensions would allow the Planning Commission more 38 flexibility .and would comply better with the law. 39 40 Urbia stated that this section of the code may require 41 rewriting in a few years as dimensions may be subject to 42 change. 43 44 Members of the Commission felt that the phrase "or other 45 drawing" should be deleted from Subsection 2 and that only a 46 survey be required . It was also a consensus of Commission 47 members to delete (b) and any reference to storage buildings 48 and sheds . Urbia will change the title of this section to more 49 accurately reflect what is being addressed. 50 • PLANNING COMMISSION MEETING 2 JANUARY 19 , 1993 3 PAGE 7 4 5 6 Motion by Madden , second by Murphy to recommend Section 7 1xxx . 01 . as presented with the deletion of (b) in Subsection 8 2 and delete "or other drawing. " 9 10 Motion carried unanimously 11 12 13 C. Sian Ordinance - Amortization 14 15 Staff had been requested to research the -concept of the useful 16 life of a sign . Three larger sign companies were contacted to 17 determine if there is an industry standard or other 18 guidelines . 19 20 Representatives of all three companies gave similar answers 21 regarding the useful life of a sign . They noted that materials 22 used impact on the life of a sign . If a metal cabinet is used 23 the 1-i f e can be anywhere from ten to twenty years . The surface 24 cover will usually wear out before the cabinet or become 25 outdated. Chair Faust felt ten years was a reasonable time to allow a 28 non-conforming sign . Commissioner Werenicz agreed with a ten 29 year allowance of time and felt twenty years was too long. 30 31 Commissioner Madden inquired how many non-conforming signs 32 were located in St . Anthony . Urbia did not have the exact 33 number but noted there were a few. 34 35 Motion by Faust , second by Werenicz to recommend that the City 36 Council adopt a ten year amortization deadline for legal , non- 37 conforming signs from the effective date of the amendment to 38 the sign ordinance . 39 40 41 Motion carried unanimously 42 43 44 D. Lotsplit Issue Research 45 46 Urbia advised this is a moot issue in that this matter is 47 already included in the new ordinance. He will get a copy of 48 the new ordinance to all members of the Planning Commission . 49 50 • PLANNING COMMISSION MEETING 2 JANUARY 19 1993 3 PAGE 8 4 5 6 E. Parking Subcommittee 7 8 Urbia provided a copy of the recently adopted Edina Parking 9 Ordinance . 10 11 Commissionr Gondorchin had presented a checklist of issues to 12 consider in the old parking ordinance . The ordinance has been 13 recodified and staff is requesting input from members of the 14 Commission regarding definitions , provisions and any issues 15 which may need clarifying. 16 17 Discussion continued regarding the establishment of a Parking 18 Subcommittee . Having this on the agenda of a Planning 19 Commission work session was the desire of some of the 20 Commission members . It was agreed that the work session was to 21 be a public meeting but would not allow public input . It was 22 also agreed that notification of this meeting should be made 23 in a similar fashion as all other public meetings . 24 25 Commissioner Gondorchin had hoped this issue could have been dealt with earlier so it could have been in effect before the 0 next storage season . 28 29 Motion by Madden , second by Murphy that the Planning 30 Commission schedule a work session to discuss the parking 31 ordinance and that the work session be published in the same 32 manner as the City Counicl work sessions are published. 33 34 Commissioner Franzese inquired as to the objections to using 35 the ordinance adopted by the City of Edina . She noted that 36 City had studied the issue for many months . Commissioner 37 Werenicz felt it could be a helpful tool . Commissioner 38 Gondorchin stated that the Edina ordinance did not include any 39 definitions as regards weight , load limits , etc . 40 41 The date and time for the Planning Commission work session was 42 set at 5 : 30 p.m. on February 17 , 1993 . Box lunches were 43 suggested. 44 45 46 Roll call : Thompson , Franzese, Gondorchin , Murphy , 47 Werenicz, Madden - aye 48 49 Faust - nay 50 • PLANNING COMMISSION MEETING 2 JANUARY 19 1993 3 PAGE 9 4 5 6 F. Elect Chair and Vice Chair 7 8 Commissioner Madden noted that the Chair and the Vice Chair 9 are elected, not appointed . 10 11 Nominations were opened by Chair Faust . 12 13 Motion by Franzese, second by Murphy to nominate Jerry Faust 14 for Chair . 15 16 Motion by Franzese, second by Madden to close nominations for 17 Chair . 18 19 Motion carried unanimously 20 21 22 Roll call on Chair nomination : Thompson, Franzese , Gondorchin, 23 Murphy, Werenicz , Madden - aye 24 25 Faust - abstain 0 Motion by Madden , second by Murphy to nominate Rick Werenicz 28 for Vice Chair . 29 30 Motion by Franzese , second by Murphy to close nominations for 31 Vice Chair . 32 33 Motion carried unanimously 34 35 36 Roll call on Vice Chair nomination : 37 38 39 Motion carried unanimously 40 41 42 Commissioner Franzese thanked Jerry Faust for his past year ' s 43 efforts and stated her appreciation for his willingness to 44 serve for another year . 45 46 47 S . STAFF UPDATE 48 49 A. By Laws 50 PLANNING COMMISSION MEETING 2 JANUARY 19, 1993 3 PAGE 10 4 5 6 Urbia advised that the Plannng Commission by laws were 7 approved by the City Council . 8 9 B. 1993 Calendar 10 11 Members of the Planning Commission received copies of the 12 1993 Planning Commission calendar . 13 14 C . Planning Commissioner Terms of Office 15 16 A staff report was prepared by Urbia stating the terms of 17 office for members of the Planning Commission . 18 19 D. Letter From Chair of Planning Commission 20 21 Copies of a letter dated December 21 , 1992 from the 22 Planning Commission Chair to members of the City Council 23 were included in the agenda packet . 24 25 The letter reviewed the activities , accomplishments and issues addressed by the Planning Commission in 1992 . The letter also recognized the hard work of the city staff 28 and members of the Planning Commission as well as the 29 cooperation of the City Council . 30 31 E . Staff Report - Sign Ordinance Issue 32 33 Previously, Commissioner Madden had suggested that Subs . 34 2 ( 1 ) be amended to require each identification sign 35 allowed per right-of-way frontage to face the frontage . 36 37 Urbia noted that the staff recommendation is to allow 38 more flexibility in these types of situations . Staff also 39 felt a more restrictive ordinance could be viewed as 40 harassing business owners in the City. Urbia stated that 41 members of the Planning Commission can discuss this 42 matter directly with members of the City Council . It 43 would not be a problem to change the newly recodified 44 ordinance . 45 46 Commissioner Madden inquired what was the rationale to 47 allow two signs on a business which fronts on two 48 streets . Urbia responded this would afford the business 49 more visibility . 50 PLANNING COMMISSION MEETING 2 JANUARY 19, 1993 3 PAGE 11 4 5 6 Chair Faust suggested the City Council , at its annual 7 retreat , address non-conforming signs as well as sign 8 ordinance enforcement . 9 10 Commissioner Madden inquired as to the response from the 11 City Council regarding the illegal signs at Stop ' N' 12 Shop . Commissioner Murphy, who attended the Council 13 Meeting where these signs were discussed, advised they 14 did not discuss this illegality . He noted that the 15 Council unanimously approved the "B5" type of sign for 16 this business . 17 18 Commissioner Madden observed that even though there is a 19 newly approved sign ordinance the City Council has 20 already approved illegal signs in a Comprehensive Sign 21 Plan . He suggested the Planning Commission should no 22 longer discuss signs . 23 24 The Chair also felt the sign ordinance should be enforced 25 and that some enforcement plan should be considered . It �p should be enforced fairly and firmly was the opinion of �j Chair Faust and not have enforcement left to the staff . 28 He also stated that the Planning Commission should 29 articulate its concerns with enforcement and observed 30 that the Planning Commission has spent considerable time 31 and effort on sign regulations and now there are already 32 violations of the new ordinance . He recognizes that the 33 problems did not happen overnight and wi'll not be solved 34 overnight . 35 36 Commissioner Franzese requested that Urbia obtain the 37 City ' s policy regarding sign code enforcement and 38 implementation . Commissioner Werenicz had requested this 39 information several months ago and he felt enforcement 40 was a process of notifications . He stated that an 41 ordinance is a law and it is being broken in the City and 42 should be enforced . 43 44 Commissioner Franzese noted that the subcommittee on the 45 sign ordinance had spent considerable time on developing 46 a workable sign ordinance and had reviewed ease of 47 enforcement . Commissioner Murphy felt that presently 48 there is uneven enforcement or no enforcement . 49 50 PLANNING COMMISSION MEETING 2 JANUARY 19, 1993 3 PAGE 12 4 5 6 Commissioner Madden felt .there was uneven enforcement . He 7 cited an instance of non-conforming signs in his 8 neighborhood which he had reported to staff on numerous 9 occasions . He felt his concerns had been ignored. 10 11 Motion by Franzese, second by Madden to inform the City 12 Council there is a perception that there is a lack of 13 enforcement of the sign ordinance which is a frustration 14 to the members of the Planning Commission , and that the 15 Pl-ann-ing Commission requests that the City Council 16 provide guidance to the City staff on the enforcement of 17 the new sign ordinance in view of the preceived lack of 18 enforcement of the previous ordinance. 19 20 21 Motion carried unanimously 22 23 24 Referring to the issue addressed in Subd. 2 ( 1 ) , 25 Commissioner Madden feels this subsection should be stated so it is understood the intent was for one sign to face one street and not two signs facing the same street . 28 He felt identification signs were intended to face two 29 different streets and not as staff had recommended. 30 31 Motion by Madden, second by Franzese to recommend to the 32 City Council the sign ordinance be amended to require 33 each idenfication sign face one right-of-way frontage ; 34 one sign per frontage only. 35 36 Motion carried unanimously 37 38 9 . COMMISSIONER' S COMMENTS 39 40 a . Commissioner Franzese ' s Comments 41 Commissioner Franzese referred to the second by- law of the 42 Commission ' s by-laws which addressed procedures if additional 43 meetings of the Commission are necessary. She was referring 44 specifically to the method for calling such meetings or work 45 sessions . 46 47 For the upcoming Planning Commission work session, staff was 48 requested to bring the video which recorded potential parking 49 problems in the City and some documentation regarding weights 50 and load limits . 01 PLANNING COMMISSION MEETING 2 JANUARY 19 , 1993 3 PAGE 13 4 5 6 b. Commissioner Gondorchin ' s Comments 7 Commissioner Gondorchin serves on the Environmental/Water 8 Quality Commission . He advised the next meeting is scheduled 9 for February 11th . Field trips are being planned for members 10 of this commission and a resident handbook on recycling issues 11 is being considered . 12 13 c . Commissioner Madden ' s Comments 14 Commissioner Madden observed there is a second wall sign 15 located at the Northgate Office Park . He recalled there had 16 been a variance granted for a second wall sign for a tanning 17 parlor but this business is no longer in the office park . 18 Staff will pursue this matter . 19 20 Staff advised that neighborhood meetings regarding the 21 proposed street paving projects will be held in February and 22 March. 23 24 25 10 . ADJOURNMENT OFMotion by Franzese , second by Thompson to adjourn the meeting 28 at 10 : 05 p .m. 29 30 Motion carried unanimously 31 32 33 34 35 Respectfully submitted, 36 37 38 Jo-Anne Student , Planning Commission Secretary 39 40 41 42 43 44 45 46 47 48 49 50 •