HomeMy WebLinkAboutPL MINUTES 12191995 Meeting Sheet
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Box: 19
Folder: PL MINUTES AND AGENDAS 1995
Document: PL MINUTES 12191995
61 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING MINUTES
3 DECEMBER 19, 1995
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 7:00
6 p.m.
7
8 II. ROLL CALL.
9 Commissioners present: Bergstrom, Makowske, Gondorchin, Horst, Faust, Thompson, and
10 Franzese.
11 Commissioners absent: None.
12 Also present: Kim Moore-Sykes, Management Assistant and Michael Mornson, City
13 Manager.
14 III. APPROVAL OF THE DECEMBER 19, 1995 PLANNING COMMISSION AGENDA.
�5 Motion by Gondorchin, seconded by Horst, to approve the Planning Commission Agenda for
6 December 19, 1995 as presented.
17
18 Motion carried unanimously.
19
20 IV. APPROVAL OF NOVEMBER 21, 1995 PLANNING COMMISSION MINUTES.
21 Motion by Gondorchin,second by Faust,to approve the Planning Commission minutes of November
22 21, 1995.
23
24 Motion carried unanimously.
25 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE.
26 Commission Faust will be the Planning Commission Representative at the December 20, 1995 City
27 Council Meeting.
28
29 VI. PUBLIC HEARING.
30 A. Conditional Use Permit- Solid Rock Church
31 Chair Bergstrom opened the Public Hearing at 7:03 p.m.
•2 Management Assistant Moore-Sykes reported that Pastor Bill Matthews has submitted an application
33 requesting a Conditional Use Permit so that he and the congregation of the Solid Rock Church may
34 hold Saturday evening services at the Apache Plaza Shopping Center. Currently,they hold services
Planning Commission Regular Meeting Minutes
December 19, 1995
Page 2
1 in their church in Elk River, Minnesota. As is stated in the letter accompanying their application,
2 there are several members who reside in the Twin City area who would benefit from having a more
3 centrally located place of worship.
4
5 Ms. Moore-Sykes explained that the Solid Rock Church has negotiated a lease for space with Welsh
6 Companies,Inc.,pending the granting of a Conditional Use Permit by the City. The space that the
7 Solid Rock Church is interested in leasing is located across the corridor and to the north of the
8 Apache Wells Sports Bar-and Restaurant. This is a desirable location for the Church because it is
9 easily accessed from the parking lot. In discussing their application with Staff, they were advised
10 by Staff of the close proximity to Apache Wells; Pastor Matthews was not concerned about the
11 closeness to the Apache Wells.
12
13 Ms. Moore-Sykes continued that Staff submitted the Church's application to the City Attorney's
14 office for review. The City Attorney indicated that the Church's application does not fully meet all
15 of the conditions as required by the Minnesota Statutes and the City Ordinances. It is a use that is
16 specifically listed as a conditional use for the zoning district in which it is to be located. It can be
17 assumed the proposed conditional use will not be detrimental to health, safety or the general welfare
18 of persons residing or working in the.vicinity. The City Attorney referred to the City Ordinance
e reference regarding compatible use in Section 1665.04, Subd. 3 (b), and states that the Council may
specify the conditions that it deems necessary to make the use compatible with other uses in the area.
21 The City Attorney indicated it is clearly not compatible to any of the retail businesses that are
22 currently doing business in Apache Plaza. His question is, are there any conditions that the City
23 could impose that would make the Church's use compatible to the other uses within Apache Plaza.
24 He is concerned that the location of the Church in Apache would be injurious to property values and
25 that it is probably not a desirable location for the Church.
26
27 Ms.Moore-Sykes noted that Staff has received a few calls from the business community stating their
28 opposition to the Solid Rock Church locating in Apache Plaza. Ms. Moore-Sykes noted that there
29 have also been a few calls from the residents that support the granting of a Conditional Use Permit
30 to the Church.
31
32 Ms. Moore-Sykes indicated that based on the City Attorney's findings and reservations, Staff
33 recommends that the Planning Commission deny the application for a Conditional Use Permit.
34
35 Chair Bergstrom asked if there were any questions for the Staff.
36
37 Commissioner Makowske questioned that if a Conditional Use Permit is recommended, what types
38 of limits could be attached. Ms.Moore-Sykes indicated that the City Attorney was not able to advise
39 what conditions would make the use more compatible.
Pastor Matthews, Pastor of the Solid Rock Church, explained that the Solid Rock Church is an
41 established church and that this site would be an extension for those that attended the church that
42 reside in the Twin City area. Pastor Matthews further explained that they would be meeting early
Planning Commission Regular Meeting Minutes
December 19, 1995
Page 3
1 Saturday evenings, possible 5:00 or 6:00 p.m., and that the space has outside access so that it
2 wouldn't be an inconvenience to Apache Wells.
3
4 Commissioner Faust questioned if the Church in Elk River has a store front. Pastor Matthews
5 responded that it did not.
6
7 Commissioner Faust asked how the Church,determined that Apache Plaza would be a good location
8 for.their Church. Pastor Matthews answered that parking, easy access, and low cost were all factors
9 in their decision. He further explained that a one year lease was negotiated, so there was no long
10 term commitment,and that the Church would bring income as well as be an asset to the community.
11
12 Commissioner Franzese indicated that Apache Plaza is currently planning a major redevelopment
13 and expressed that the Church may want more stability in choosing a location for their site. Pastor
14 Matthews responded that the lease was for one year only and that they were willing to find a new
15 location after a year, if needed.
16
17 Chair Bergstrom expressed concern about the compatibility of use, noted the proximity of the
18 proposed space to Apache Wells, and that Saturday evening services raised some concerns. Pastor
9 Matthews questioned if it was thought that the Church would hinder business for Apache Wells. He
indicated that another space could be chosen for the Church further from Apache Wells, but that the
21 one chosen has outside access, large open space and restrooms.
22
23 Pastor Matthews indicated that other malls currently have churches as tenants and that it increases
24 mall income because people will shop and visit restaurants after services.
25
26 Commissioner Makowske suggested if Sunday mornings wouldn't be a better choice for services
27 than Saturday evening. Pastor Matthews explained that he is currently holding Sunday morning
28 services in Elk River, so it would involve obtaining another pastor, which the Church in unable to
29 do at this time.
30
31 Commissioner Makowske questioned if services would be held on other days, such as holidays.
32 Pastor Matthews responded that could be a possibility.
33
34 Commissioner Horst questioned if there were currently other plans for the Church, such as youth
35 meetings. He expressed that there may be other sites that would work better if that was the Church's
36 plan. Pastor Matthews suggested if the congregation grew that office hours, counseling
37 appointments may be set up. He indicated that children services or daycare would not be done at
38 this site initially.
39
40 Terese Reiling of Welsh Companies, Inc., explained that they represent First Bank and currently
•1 lease and manage Apache Plaza. She noted that Apache Plaza was in transition, and that 300,000
42 square feet are currently vacant. She further noted that 11 of the 20 tenants are on a month-to-month
43 lease,and they anticipate notices to vacate after January 1. Ms. Reiling explained that leasing to the
Planning Commission Regular Meeting Minutes
December 19, 1995
Page 4
1 Solid Rock Church would be a stop-gap measure to try to reduce the out of pocket money from First
2 Bank and that they would be accommodating the Church as well. She explained that the space was
3 chosen because of the restrooms and the separate entrance. Ms. Reiling also noted that Apache
4 Wells has approached Welsh Companies regarding rent relief or lease termination possibility.
5
6 Commissioner Horst noted Apache Plaza isa retail center and that it is not the proximity to Apache
7 Wells that is a concern,but that a Church may be stifling to retail development. Ms. Reiling agreed
8 that Apache Plaza is ideally for retail tenants, but it is difficult to find tenants that are willing to do
9 short term leases with no improvements to the space, which is expensive. She explained once the
10 redevelopment occurs, more retail tenants will be sought, but in the interim they will be selective.
11 Ms. Reiling noted that it is a one year lease only, with no options to renew, and the space would be
12 open for larger tenants in the future.
13
14 Chair Bergstrom noted the issue is not a church next to a liquor establishment bar, but that the City
15 Attorney interprets the whole mall, and that it may open Apache Plaza up for more zoning
16 compliance issues.
17
18 Jim.McNulty, 2921 33rd Avenue N.E.,questioned if the Solid Rock Church is the same church that
9 holds services at J.C. Penny's. Pastor Matthews responded that it was not. Mr. McNulty expressed
that the community is upset about the taxes and that the City shouldn't halt redevelopment at Apache
21 Plaza. He further expressed that First Banks should move forward quickly on the redevelopment,
22 obtain tenants, and not concentrate on their income.
23
24 Bob Johnson, Silver Lake Road,agreed with Mr. McNulty. He further expressed that a overall plan
25 should first be considered for Apache Plaza.
26
27 Sherrie Granrud, 3112 Croft Drive,expressed that Apache Plaza needs to bring in large income for
28 the community and that we should be concerned about the best use of the property. She also
29 expressed that a church would only benefit the community.
30
31 Chair Bergstrom closed the Public Hearing at 7:26 p.m.
32
33 Commissioner Franzese expressed the Church's goal is laudable and First Bank is a good company,
34 but the use is incompatible. She further expressed the City prides itself on planning, and she cannot
35 support this Conditional Use Permit.
36
37 Commissioner Gondorchin motioned, seconded by Franzese, that the application for a Conditional
38 Use Permit for the Solid Rock Church be denied based on Zoning Ordinance 1665.04,that a church
39 is not a compatible use in a commercial zone.
•U Motion carried unanimously.
Planning Commission Regular Meeting Minutes
• December 19, 1995
Page 5
1 Chair Bergstrom indicated that this item will be reviewed by the City Council on January 9, 1996.
2 Commissioner Makowske will be the Planning Representative for the meeting.
3
4 VII. CONCEPT REVIEW.
5 Chair Bergstrom opened the discussion on the Concept Review at 7:31 p.m. There was no report
6 from the Staff.
7
8 Jay Scott, Director of Development of Opus Corporation, reported that his company is currently
9 representing First Bank and SuperValu as a development consultant with a possibility of long term
10 ownership. Mr. Scott reviewed the fust phase of the Apache Plaza redevelopment which will
11 include a free standing Cub Foods store with approximately 70-75,000 square feet over two lot areas.
12 Mr. Scott also reported that some restaurant or retail/restaurant combination will most likely be
13 included at a future point. Mr. Scott noted that there are other plans being reviewed, but they are
14 concentrating on the first phase first.
15
16 Mr. Scott indicated there is motivation by everyone involved to move ahead quickly with planning
17 and to get approvals through the Planning Commission and City Council so construction can begin
late spring or early summer in 1996. He reported that they will be completing the subdivision
1W application to the City in approximately two weeks, with the hopes of a special hearing to review
20 quickly, or by February, 1996 at the latest.
21
22 Chair Bergstrom asked that Mr. Scott give a visual review of the entire site plan for the Commission.
23 Chair Bergstrom asked how firm Cub Foods is for the redevelopment. Mr. Scott replied that Cub
24 is the driving force at this point. He indicated that they have a purchase agreement for the land sale
25 to Cub, and that Opus will be involved in the demolition and construction of the building. He
26 indicated that there are buildable lots of 7,500 square feet each, and that Opus has been identifying
27 potential users with a number of contacts at this point. Mr. Scott indicated that they have a good feel
28 for the nature of use for the development with potential casual family dining,coffee shop,bagel shop
29 uses.
30
31 Chair Bergstrom questioned if there will be one or two major buildings within the footprint of the
32 existing building. Mr. Scott replied that 25% of the existing 400,000 square feet building will be
33 demolished..
34
35 Commissioner Gondorchin questioned if there were to be four major anchors in the development.
36 Mr. Scott replied that the shaded areas on the site plan represent existing ongoing development
37 plans, and that Opus' intent is to be involved throughout the Apache Plaza redevelopment, though
38 that was not the focus. He continued that their plan was to develop a commercial type shopping
39 center or"power center",and that New Market may be demolished at this point and made potentially
so smaller.
Planning Commission Regular Meeting Minutes
• December 19, 1995
Page 6
1 Chair Bergstrom asked for clarification of a power center. Mr. Scott explained that it is a new
2 concept in shopping development with a major strip center including a"category killer" store that
3 is dominant in a number of categories, such as a Target, Walmart, Pet Food Warehouse, Menards.
4 Mr. Scott noted that a power center includes a cluster of these types of stores within the center, but
5 not under one roof.
6
7 Commissioner Makowske questioned if the New Market planned for the corner part in the site plan
8 would-be the same arrangement that was planned in the first redevelopment plans a year ago. Mr.
9 Scott replied that although he was not familiar with the original plan, the intentions were that the
10 SuperValu franchise would be operated by the Cub Food store.
11
12 Dwight Jelle, Westwood Civil Engineer Services, spoke to the Commission regarding the drainage
13 issues of the redevelopment. He reported that they were currently working on the Environmental
14 Assessment Worksheet for the site, and that the redevelopment would involve the demolition of the
15 some of the parking areas and buildings,with the bank building remaining. Mr. Jelle indicated that
16 the site breaks off down the middle and that the new construction will drain into a phased,three pond
17 system in the front and tie into the storm system on Silver Lake Road. He indicated that they are
18 currently working with the Rice Creek Watershed District and the City to meet all guidelines, and
19 noted that itis a great opportunity to decrease the hard surface area on the site and to treat the water
in the area.
21
22 Commissioner Gondorchin questioned if the Environmental Assessment Worksheet was submitted
23 to the Rice Creek Watershed District for review. Mr. Jelle indicated that it is submitted to the
24 Environmental Quality Board for review. He indicated that it is prepared with the help of several
25 agencies, most likely including the Rice Creek Watershed.
26
27 Chair Bergstrom questioned if the entire site project is defined in terms of the Environment
28 Assessment Worksheet or only a portion. Mr. Jelle replied that he wasn't directly involved with that
29 portion, but indicated that the entire site is most likely involved.
30
31 Commissioner Franzese asked what timeline was being.planned at this time. Chair Bergstrom noted
32 that it was scheduled to begin construction in late spring 1996.
33
34 Commissioner Gondorchin indicated that Cub Foods would probably target opening by Memorial
35 Day. Mr. Scott noted that Cub Foods feels that date is not as significant, but wishes to gain
36 approvals quickly. He noted that once the permits are given,if they move aggressively they should
37 open in 5-6 months, nine months possibly.
38 Commissioner Makowske questioned if the signage plans were going to be by phase or an entire
39 package. Mr. Scott replied that they are evaluating the plan now. He said that it is probably
sufficient for Cub Foods since it is only one year old, but indicated it may need to be amended for
41 the remaining phase.
42
Planning Commission Regular Meeting Minutes
• December 19, 1995
Page 7
1 Commissioner Horst questioned if the area for Super Valu would include the land in the front portion
2 that they intend to purchase or is Opus planning for the entire mall. Mr. Scott replied that they are
3 independent lots owned by Opus that may be sold to direct users possibly leased users. City
4 Manager Morrison indicated that there are five lot subdivisions planned for phase one.
5
6 Commissioner Franzese noted that the proposed Cub Foods requires more square footage than the
7 plan one year ago. She questioned if the market has increased since then, or what prompted the
8 increased store size. Mr. Scott indicated that he was not familiar with the original plan, and Cub
9 Foods uses four different floor plans throughout the country, and they have chosen this one for the
10 Apache area.
11
12 Commissioner Gondorchin indicated that he was ready and willing to assist in whatever plans are
13 needed to facilitate the Apache Plaza project.
14
15 Commissioner Horst questioned if a power center concept would include a Carson Pirie Scott or
16 Sears store. Mr. Scott replied that would be correct.
17
18 Chair Bergstrom opened the Concept Review to the public for questions at 7:50 p.m.
& Charles Finn of 2709 Silver Lane indicated that he has been interested in the redevelopment plans
20 for a long time and was happy to see advancement, but wanted potential problems noted-now. Mr.
21 Finn indicated that a subdivision application for January or February is too short of a time frame.
22 He also indicated that entrances, stoplights and traffic patterns to Apache Plaza need to be
23 considered. Mr. Finn reported that the environmental issues for the entire lot need to be considered
24 because more than 10% of the existing building is planned for demolition. He indicated that there
25 are currently no specifications for the water drainage for the entire site, and that they need to be
26 included in the Environmental Assessment Worksheet now so that the entire redevelopment project
27 is considered and done correctly the first time.
28
29 Chair Bergstrom agreed with Mr. Finn that this project needs to be done correctly, but wants to
30 understand his issues correctly as well.
31
32 Mr. Mornson responded to Mr. Finn that the plan includes a tax increment financing package and
33 that the new laws that begin April 1 will affect Super Valu's financing. He indicated that they have
34 been wishing to move to St. Anthony for a long time and that we need to accommodate them before
35 they seek another city. Mr. Mornson also noted that there are new stoplights on 39th and 37th
36 Streets, and that some measures have been taken to address the traffic issue. Mr. Morrison also
37 responded to the demolition of the area that a zero lot line is in effect, and that the City Attorney
38 approved the plan. He continued that the Planning Commission and the City Council are working
39 on the water drainage issue, and noted that they have met with the Rice Creek Watershed and that
epthe current plan is four times better than the one presented one year ago.
Planning Commission Regular Meeting Minutes
December 19, 1995
Page 8
1 Mr. Finn agreed with Mr. Morrison that the plan meets the current Rice Creek Watershed standards,
2 but the problem lies in that only one lot is being considered at this point, and the entire plan needs
3 to be included so the Environmental Quality Board will review this correctly the first time.
4
5 Mr. Scott noted that Opus is not included in all plans at this point. He indicated that they do not
6 have firm commitments from potential tenants and that Opus will announce more plans once
7 commitments are received. He-indicated that they are not trying to make changes or mislead the
8 Commission that a entire plan is the goal, but the focus needs to be on phase one. Mr. Scott
9 indicated that all drainage plans will be taken into consideration for a comprehensive plan for all
10 phases.
11
12, Commissioner Gondorchin noted that if the entire parcel is subject to the plan, then the water plan
13 should be flexible enough to accommodate other phases. Mr. Scott replied that planned phases are
14 done all over the country, and that water plans are made to be flexible in the beginning.
15
16 Chair Bergstrom asked if the Environmental Quality Board is requesting plans for phase one or for
17 the entire site. Mr. Scott indicated he did not have that answer now,but indicated that they would
18 approach.the Board and ensure that they meet all current guidelines for the current plan and for any
19 future plans
21 Mr. Finn reiterated his desire for a comprehensive drainage plan now so that potential litigation and
22 questions can be removed before plans move ahead. Chair Bergstrom noted that the Planning
23 Commission provides feedback to the applicant, and included that Opus has the advantage of seeing
24 what occurred the last time a redevelopment plan was attempted, and that they will take those issues
25 into consideration so that the redevelopment will occur smoothly.
26
27 Commissioner Faust noted that if the guidelines are not followed for drainage needs, then a permit
28 will not be issued until the guidelines are met. He acknowledged that Opus does not want to
29 elaborate on future plans until tenant prospects can be committed.
30
31 Commissioner Horst indicated the issue is not phase one but that Mr. Finn wants the entire mall plan
32 tied together. Mr. Finn reported that the plan does not meet all specifications now, and that if a
33 comprehensive plan can be presented then the issues can be addressed now.
34 Chair Bergstrom noted that while ponds have optimal sites for placement,they can go anywhere on
35 the site as long as the water can be pumped to where it needs to drain. Mr. Finn indicated that
36 pumping costs more money, but that issue is small if a concept can be agreed upon.
37
38 Mr.Jelle indicated that his firm has studied a comprehensive plan. He noted that First Bank controls
39 the entire site,and if a pond is placed incorrectly that it would be a large expense to First Bank. He
indicated that they want to do it correctly the first time as well, and that the drainage plan is being
1 planned flexible enough to accommodate future plans.
42
Planning Commission Regular Meeting Minutes
• December 19, 1995
Page 9
1 Commissioner Franzese asked if the first phase would include three drainage ponds and decreased
2 hard surface. Mr. Scott replied that this was correct.
3
4 Chair Bergstrom closed the public question portion at 8:20 p.m. He wished Mr. Scott and Opus well
5 in their aggressive timetable and offered any assistance if needed.
6
7 VII. STAFF UPDATE.
8 Ms. Moore-Sykes reported a follow-up that the applicant from the November 21, 1995 Planning
9 Commission meeting,Rehab Dynamics,has sent a letter to the City stating that the signage variance
10 denial was not correct according to the sign ordinance. The letter stated that the building access is
11 not an easement but a driveway that extends to 39th Avenue and that a variance is not required.
12 Ms. Moore-Sykes indicated that a copy of the letter and the sign ordinance has been submitted to the
13 City Attorney for review. Discussion was held on where the property is located.
14
15 Ms. Moore-Sykes also reported that a definition of a business establishment had been decided on:
16 each individual unit in-Apache Plaza is a business establishment because it has business frontage,
167 but that it only applies to businesses that have frontage facing the right-of-way. Commissioner Faust
8 noted that the signage issue will need to be readdressed for a professional business building.
19
20 Commissioner Faust questioned if there were any applicants for the opening on the Planning
21 Commission. Ms. Moore-Sykes indicated that there are two applicants. Commissioner Faust
22 indicated that his first meeting was February 20, 1990,and that there has been a high turnover during
23 the last six years. He expressed that the Commission needs continuity and background of the City's
24 history to be successful. Commissioner Faust also expressed that the City Council fully supports
25 the Planning Commission.
26
27 Chair Bergstrom wished Commissioner Faust well in his new appointment to City Council. He also
28 expressed his appreciation for his work over his term.
29
30 Commissioner Gondorchin wished Commissioner Faust well. He also noted that the Apache Plaza
31 concept review was very good.
32 Commissioner Franzese questioned when the new Planning Commissioner will be named. Ms.
33 Moore-Sykes responded that the applicants will be reviewed at the January 2, 1996 worksession,and
34 that the appointment will occur at the January 9, 1996 meeting.
35
36 Commissioner Franzese noted that a Conditional Use Permit was denied for a mini-storage building
37 at a past meeting. The building would have been placed where the drainage ponds were now being
0 proposed for the redevelopment of Apache Plaza.
39
Planning Commission Regular Meeting Minutes
• December 19, 1995
Page 10
1 Commissioner Thompson wished the Commission happy holidays. He also noted that his term
2 expires with this meeting and has applied for re-appointment.
3
4 Commissioner Horst had no comments.
5
6 Commissioner Makowske had no comments.
7 IX. ADJOURNMENT.
8 Motion by Faust, seconded by Thompson to adjourn meeting at 8:50 p.m.
9
10 Motion carried unanimously.
11
12 Respectfully submitted,
13 Cathy Sorensen
14 TimeSaver Off Site Secretarial