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HomeMy WebLinkAboutPL MINUTES 08152000 Meeting Sheet 11111 VIII VIII 11111 VIII VIII IIII IIII 100721 Box: 19 Folder: PL MINUTES AND AGENDAS 2000 Document: PL MINUTES 08152000 .1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 1*3 -AUGUST 15, 2000 4 7:00 p.m. 5 CALL TO ORDER/PLEDGE OF ALLEGIANCE. 6 The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance led by Chair 7 Bergstrom. 8 ROLL CALL. 9 Present: Chair Bergstrom;-Vice Chair Melsha; Commissioners Tillmann, 10 Hanson,Thomas, Hatch, and Stille. 11 Commissioners absent: None. 12 Also present: Spencer Isom, Assistant City Manager 13 14 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 15 ITEMS: 16 None. 17 I. PUBLIC INPUT. 18 Chair Bergstrom called for input from the audience for items that were not on the regular agenda. In this respect, Mr. Scott Tankenoff, Managing Partner of Hillcrest Development, approached the Council. Mr.Tankenoff wished to express sincere appreciation to the Commission for the time spent 21 over the past nine months on the issue of the redevelopment of Apache Plaza, and for the 22 cooperation he and his company has received from the Commission and City Consultants. 23 Chair Bergstrom acknowledged Mr-Tankenoff s remarks and expressed his appreciation for his 24 input. 25 II. APPROVAL OF THE JULY 18,2000 PLANNING COMMISSION MEETING 26 MINUTES. 27 Motion by Bergstrom, second by Hanson, to approve the July 18, 2000 Planning Commission 28 Meeting Minutes with the following modification: 29 Page 9, Line 4, add "citizens' " after "such" 30 Motion carried unanimously. 31 Motion by Bergstrom,second by Thomas,to approve the minutes of August 1,2000 special meeting 32 with the following changes: 33 Page 10, Line 25, add"a"after"represents" 34 Page 10, Line 25, replace"high and low"with"highest and best" Page 5, Line 3, replace`Berg"with"Bergstrom" 165 Page 5, Line 11, replace "Bergman"with"Bergstrom" Planning Commission Meeting Minutes August 15, 2000 Page 2 • 1 Motion carried unanimously. 2 III. COMMUNICATION FROM CITY COUNCIL. 3 None. 4 IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWAL OF APPLICATIONS. 5 None. 6 V. NEW APPLICATIONS/PUBLIC HEARINGS. 7 A. Public Hearing Petition for Variance Murphy's Service Center. 8 Chair Bergstrom opened the public hearing at 7:12 p.m. and requested a report from Staff. 9 Assistant City Manager Spencer Is noted that the applicant, Richard C. Graff, is seeking to re- 10 place the business sign at his Conoco gas station located at 3501 29th Avenue NE. The gas sta- 1 l tion is a commercial business located in a L1 zoning district. The proposed sign exceeds allow- 12 able dimensions for L1 zoning. However, it is within the allowable dimensions had his land 13 been zoned C1. The land has been used for a gas station since 1958. Mr. Graff has owned the 14 business since 1973 and,therefore, the land is deemed to be "grandfathered." Staff has discussed 15 this issue with City Attorney Soth and it was decided that the conditions supporting a variance do 16 exist. SIsom noted, however, that upon review of the zoning ordinance, his assessment was incorrect, `A8 and that it is not a question of the dimension, but rather that type of sign being allowed in the L1 19 district. A pylon sign is allowed in a C district. 20 Bergstrom confirmed that pylon signs are not allowed in a L1 district; however, upon recommen- 21 dation by City Attorney Soth in a previous discussion, the sign would be "grandfathered" in 22 under prior zoning districts. 23 Isom acknowledged that because of the zoning requirements, Mr. Graff was required to appear 24 before the Planning Commission to request a new sign. 25 Mr. Graff relayed to the Commission the same facts that he had presented at the Concept Review 26 at a prior meeting. The current sign was damaged by a truck over Memorial Day weekend, and it 27 has been determined that the sign cannot be repaired. 28 Hanson inquired of Mr. Graff if the new sign would be in the same location as the current sign. 29 Mr. Graff explained the location of the sign, which was essentially the same as it is currently, and 30 detailed the dimensions and strucfiir'•e'of the new sign. 31 Hanson inquired if the sign would be lit at all hours. Mr. Graff responded that the sign would be 32 lit up all day and night and there would actually be floodlights towards the sign. it Chair Bergstrom closed the public hearing at 7:19 p.m.-and asked for Commission input. 34 Tillmann noted that the new sign looked better than the old sign. The other Commissioners 35 agreed. Planning Commission Meeting Minutes August 15, 2000 Page 3 1 Motion by Thomas, second by Bergstrom to approve the variance of Murphy's Service Center, 2 Inc. (Conoco Gas Station), 3501 29th Avenue, due to the following reasons: 3 -- The damage that was done to the prior sign; 4 -- The property has been"grandfathered" in prior to the existing ordinance.; 5 -- That there would not be any undue hardship caused by the implementation of this 6 variance. 7 -- That a hardship is caused by the-current and existing City Ordinance created after 8 the business was in operation. 9 Motion carried unanimously. 10 Bergstrom reminded Mr. Graff that this issue would be before the City Council at the August 22, 11 2000 meeting for a final determination. He encouraged Mr. Graff to attend the City Council 12 meeting to answer any questions. 13 B. Public Hearing. Village North LLP and Apache Animal Medicine Seek to Replat Their 14 Properties into Three Lots. 15 Chair Bergstrom opened the public hearing at 7:22 p.m. and requested a report from Staff. Assistant City Manager Isom reported that Village North LLP, in which Ken Solie is a Partner, 17 as owner of the Industrial Custom Products building at 2801 37th Avenue NE, and Apache 18 Animal Medicine, P.A. as owner of the Apache Animal Clinic,have applied to replat their 19 properties into three lots. This is in order to expand the size of the lot on which the animal clinic 20 is located, decrease the size of the..lot on which the Industrial Custom Products building is 21 located, and create a new lot to the east of the industrial building. The property would be 22 replatted as Lots 1, 2 and 3, Block 1,'Apache Terrace, 2nd Addition, Ramsey County, Minnesota. 23 The action requires submittal of a preliminary and final plat in accordance with Section 1500.03 24 and 1500.04 of the St. Anthony Code of Ordinance. 25 Isom wished to note that the next two items on the agenda are related to this issue. In that re- 26 spect, City Attorney Soth and Isom have meet with both applicants and Mr. Soth has written 27 comprehensive thoughts to be inclusive of all three issues. 28 Isom noted that Todd Hubmer, WSB & Associates, has been reviewing the issue and invited him 29 to address the Commission. Mr. Hubmer noted that he has been determining if there are any ex- 30 isting utilities on the property of which the City does not have an easement. In this respect, there 31 is a water line that runs on the eastsde of Lot 3 (on the plat he presented), and it is WSB's rec- 32 ommendation that the property owner dedicate to the City a 20-Foot utility easement. Also, the 33 applicant should give to the City a 10-foot utility easement centered on the property lines so that 34 the City would have access to the utilities for maintenance. 105 Bergstrom inquired if Mr. Hubmer had talked to the property owner about.the easements, and 36 Mr. Hubmer noted that he had not talked to Mr. Solie on this particular issue,but had consulted 37 with him on others. Planning Commission Meeting Minutes August 15, 2000 Page 4 1 Stille inquired if there was a reason that the parcel that could be purchased from the railroad by 2 the Animal Clinic was not included. Isom responded that the Animal Clinic does not own the lot 3 at this point. Further, Isom noted that this parcel may be included in the final plat if a purchase 4 agreement goes forth. 5 Chair Bergstrom invited Mr. Ken Solie to approach the Commission. Mr. Solie conferred with 6 Mr. Hubmer regarding the plat and easements and then spoke to the Commission. 7 Mr. Solie noted that he was comfortable with the information already presented, and did not have 8 any additional information to report. 9 Isom requested that Mr. Hubmer provide Mr. Solie with the specifics on the easements 10 mentioned above that could be provided to the City. Mr. Solie's representative, Mr. Ogren, noted 11 that there did not appear to be any problems or concerns regarding the easements. 12 Chair Bergstrom called for additional input from the audience as per the Public Hearing. 13 David Ishner, 3644 Edward Street, stated that he had spoken with Mr. Isom prior to the meeting, 14 and stated that he was concerned that in the future there could be a reason to expand the building of the Apache Animal Hospital. His specific concern was the disposal of deceased animals. He felt it was appropriate to request that if expansion of the building happens in the future, that a 17 specific design should be implemented so as to shield the disposal of the deceased animals from 18 the public view. Currently, he stated,that he and his wife are exposed to the disposal of the car- 19 cass because the truck to pick up the:animals pulls up close to their home. He mentioned that for 20 residents that are sensitive to animals, it is a difficult scenario to witness. 21 Chair Bergstrom thanked Mr. Ishner for his input and attendance at the meeting. 22 Chair Bergstrom closed the public hearing at 7:40 p.m. and requested comments from the Com- 23 missioners. 24 Thomas confirmed that the discussion was to center around the replatting of this property. 25 Bergstrom noted that the issue seemed rather straightforward and he requested a motion. 26 Motion by Thomas, second by Bergstrom,to approve the proposed plat changes as dated May 27 31, 2000, and to incorporate the two—easement provisions as provided by Mr. Hubmer and as set 28 forth below: 29 --The plat should include a 20-foot utility easement along the east side of Lot 3 over the existing 30 watermain which runs north to south along the east side of Lot 3. --A ten-foot utility easement to be centered on the lot lines separating Lots 1 and 2, and the lot 2 line separating Lots 2 and 3. 33 Motion carried unanimously. Planning Commission Meeting Minutes August 15, 2000 Page 5 1 C. . Public hearina. Village North LLP. 2 Chair Bergstorm opened the public hearing at 7:45 p.m. and requested a report from Staff. 3 Assistant City Manager Spencer Isom reported that Village North LLP, in which Ken Solie is a 4 partner, as owner of the Industrial Custom Products building at 2801 37th Avenue NE, have re- 5 quested to amend the zoning ordinance so as to require less parking for L 1 districts. Mr. Solie 6 has compiled information regarding parking requirements in other cities, and such report shows a 7 . comparison of the St. Anthony requirement to the Cities of Arden Hills, Roseville, Minneapolis, 8 New Brighton, and Fridley. 9 City Attorney Soth has expressed his support of Mr. Solie's petition for the reasons stated in Mr 10 Soth's August 2, 2000 communication. 11 Chair Bergstrom asked if anyone in the audience wished to comment on this issue under the pub- 12 lic hearing, and hearing no response, closed the public hearing at 7:50 p.m. 13 Thomas inquired if the Commission would wish to require the applicant to develop an alternative 14 transportation program, and a discussion ensued amongst the Commissioners and Isom regarding 5 the suggestion. 16 Bergstrom noted that the suggestion is worthy of exploration but this was not the time to take on 17 such a project, and that the issue should be revisited at another time. 18 Stille noted that the Commission is considering dramatically changing the parking requirements 19 of the entire City, and the site in question could employ up to 200 employees. He was 20 concerned that if limited parking is provided, then the City opens up the possibility of having 21 cars line the street. 22 Bergstrom asked for input from Isom. Isom said the ordinance would be changing citywide; 23 however, Soth has done the analysis and did not feel that the number of parking spaces for this 24 issue would prevent a problem for the City. 25 Bergstrom noted his reluctance to change the parking regulations as there wasn't a precedence to 26 follow. Mr. Solie interjected that he did not feel that he was creating a difficult situation with 27 this issue due to the fact that many,:of the surrounding cities have adopted similar regulations to 28 which he is asking. 29 Thomas stated he would be more comfortable with the parking plan if an alternative transporta- 30 tion plan could be developed(such as public transportation). Mr. Solie stated that typically in 31 this situation, because the property is leased, the restriction could be cumbersome. Bergstrom noted that City Attorney Soth has placed a recommendation on this issue, as well as 3 the Assistant City Manager, and that the Commission needed to move forward on this issue as 34 all of the information and research has been presented. Planning Commission Meeting Minutes August 15, 2000 Page 6 • 1 Stille noted his objection to the parking issue and stated that he was not comfortable with the re- 2 sults of a potential regulation change and the long-term effects of such change. 3 Thomas noted that possibly this issue should be studied further by the Commission and decided 4 at a later time. Stille inquired if the City Attorney could re-study the parking-to-tenant ratio. 5 Isom noted that the Commission's option was to table this issue; however, he did not feel there 6 would be any negative impacts for the City on the existing or future industrial areas based on 7 these new standards. 8 Tillmann noted that she would tend to"agree with Stille. 9 Bergstrom noted that the issue in question could be a good idea; however,there was not a com- 10 fortable level amongst the Commissioners regarding the issue. Additionally, he noted that part of 11 his job as Commission Chair was to bring issues to a vote and typically issues are not tabled. 12 Thomas noted that from a planning and public policy prospective, the Commission was consider- 13 ing making a change based upon Mr. Solie's private interest. However, from a planning prospec- 14 tive, the Commission should be making the change so that it reflects the City's best interests and 5 the public's best interests. 16 Bergstrom noted that the Planning Commission needed to rely on the City Staff and City 17 Attorney that have researched the issue and made recommendations to the Commission. 18 Thomas commented that he continues to feel that this is not a public policy driven issue, and that 19 the Planning Commission is being reactive. Again,he stated that whenever changes in public 20 policy are considered, that alternative public transportation needed to offer. He would like to re- 21 quest that owners of properties be required to develop alternative transportation plans. 22 Melsha noted that he was uncomfortable with requiring such a plan because he was unsure how it 23 could be implemented, enforced or approved.'Thomas stated that the enforcement would be 24 similar to the conditions placed on conditional use permits. He suggested that the issue be table 25 for another month to flush out some of the concerns and questions. 26 Motion by Bergstrom, second by Melsha,to approve the petition for zoning ordinance as pre- 27 sented in a memorandum from Staff elated August 9 with the following conditions and for the 28 following reasons: 29 --Change the square footage'mentioned in the plan from 1,000 square feet,to 800 square feet; 30 --The petition is approved based on the recommendations of City Staff and City Attorney; 31 --The petition is approved based on discussions with applicant; --The petition is approved with the understanding that the Planning Commission will visit in the 3 near future the issue of including alternative transportation in the appropriate place in the 34 ordinance under"parking." Planning Commission Meeting Minutes August 15, 2000 Page 7 • 1 Voting on the Motion: Bergstrom, Melsha, Tillmann, Hanson, Thomas, Hatch and Stille voted aye. 2 Stille voted nay. -3 The Motion Carried. 4 Bergstrom noted that this issue would be before-the City Council meeting on August 22, 2000, 5 and he encouraged Mr. Solie to be in attendance to answer questions and concerns. 6 Tillmann noted that many of the questions the Planning Commission has raised at this meeting 7 were likely to be raised at the City Council meeting. 8 D. Public Hearing. Apache Animal Medicine Seeks To Rezone A Portion Of 2801 37th 9 Avenue Ne From L 1 To C. 10 Chair Bergstrom opened the public hearing at 8:44 p.m., and requested a report from Staff. As- 11 sistant City Manager Isom reported that Apache Animal Medicine, owner of Apache Animal 12 Clinic, are purchasing some land from the railroad and from Village North LLP, to add to their 13 property. Presently,the railroad property is unzoned and the Village North parcel is zoned L1. 14 The petition is a request to have the above-referenced parcels and their existing property all 15 zoned to C. The placement of the building on the zoning map is incorrect and shows the existing property at L 1. Isom directed the Commission's attention to page 80 of the agenda packets to discuss the error. 18 Isom continued by stating that Staff recommends approval of the petition, and noted City Attor- 19 ney Soth's August 2, 2000 communication to the Planning Commission which sets forth his 20 thoughts regarding the subject. 21 Mr. Ogren, Ken Solie's representative,reviewed the plans in detail with the Commission and 22 noted the specific color plans and any specific design changes since the Concept Review. 23 Bergstrom inquired if there had been a design change for the disposal of dead animals as raised 24 by Mr. Ishner previously in the meeting. Mt. Ogren acknowledged that the disposal would occur 25 at the back of the building and would be shielded from public view. 26 Chair Bergstrom closed the public hearing at 8:55 p.m. and requested input from the Commis- 27 sioners. 28 Thomas noted his approval of the plan. Isom noted that the ordinance would be drafted in such a 29 way that the rezoning would be contingent upon the approval of the subdivision. 30 Motion by Bergstrom, second by Melsha, to approve the petition for rezoning for Apache Animal 31 Clinic as presented in the agenda packets of August 15, 2000, with the following findings: 92 -- The proposed zoning is consistent with the current Comprehensive Plan; 33 -- The use is consistent with the uses allowed in the current zoning code; Planning Commission Meeting Minutes August 15, 2000 Page 8 1 -- The proposed project is contingent on the rezoning and will be a benefit to the citizens 2 and 3 would add to the City's tax base; 4 -- There would not be any detrimental impacts to nearby properties; 5 -- The project would be contingent upon the successful closing and incorporation of the 6 railroad property into this parcel in the final plat; 7 -- That there is a recording of the final plat that is consistent with the preliminary plat. 8 Motion carried unanimously. 9 Bergstrom noted that this issue would be before the City Council on August 22, 2000, and he 10 recommended that the applicants be present at that meeting to answer questions. 11 VII. REPORTS, PRESENTATIONS AND/OR CONCEPT REVIEWS. 12 1. Presentation. Todd Hubmer, WSB, re arding lighting along 29th Avenue. 13 Chair Bergstrom noted that Todd Hubmer would present the lighting results of the 29th Avenue 14 street lighting issue. 15 Mr. Hubmer directed the Commission's attention to a memorandum dated August 11, 2000 which depicted the lighting survey results. 4i6 17 Such memo noted that 27 surveys were completed at the VillageFest celebration, and he noted 18 the results of that survey. At the-VillageFest,the most votes were given to the "Lantern" style of 19 decorative fixture, and the "Shoebox" styles were the most popular under Classic Fixtures. 20 The survey that was completed at the Public Forum noted again that the "Lantern" style received 21 the most votes under Decorative Lighting, and the "Shoebox" received the most votes under 22 Classic Fixtures. The preferred choice of color was black. . 23 Mr. Hubmer noted that some of the streets are state-aid streets and some MSA funds would be 24 available. However, the City might consider assessing the residents the balance due between the 25 standard lighting paid for the MSA funds, and the cost of the chosen lighting. 26 Mr. Hubmer said it might be a good exercise as well to find out what it would 27 cost to have underground cables and then publish that information in the local newspaper. Cur- .;., 28 rently, he stated, the City has overhead utilities, but he noted that many residents have expressed 29 the desire to have underground utilities. 30 Thomas noted that the overhead utilities are aging and that would be a factor to consider. 31 Mr. Hubmer stated that the Planning Commission is being asked to recommend a decision to the City Council. Planning Commission Meeting Minutes August 15, 2000 Page 9 • 1 Tillmann noted that someone had pointed out to her that the Lantern style is the chosen style of 2 many neighborhoods in Minneapolis. She had remembered that the Commission was hoping to 3 set St. Anthony apart.from other communities. 4 Bergstrom asked for a consensus from the Commission. Hatch confirmed that the decision 5 would set a standard for all of the streets. 6 Discussion ensued amongst the Commissioners and Mr. Hubmer about the benefits of the 7 Vernon style of lighting as opposed to the.Lantem. 8 Jim Higgins, 2712 St. Anthony Boulevard, spoke to the Commission regarding the choice of 9 street lighting. He stated that he has heard in presentations that the Vernon is a more efficient 10 light, although more expensive. Additionally, he noted that he felt there were other issues in- 11 volved that individuals did not know at VillageFest, and he encouraged the Commission to con- 12 sider other options than those that received the most votes at VillageFest. He stated that Mr. 13 Hubmer had originally chosen the Vernon style due to the more efficient lighting. 14 Melsha added that he noted that some residents may have felt that they just had to pick a style, 15 and would not be opposed to a different style if chosen by the Commission. Stille noted that he did not have a problem with going forward with the Vernon style. 17 Bergstrom summarized that the Commission would recommend the Vernon style as a decorative 18 fixture and the shoebox fixture as the classic fixture, with black poles. 19 Bergstrom thanked Mr. Hubmer for his assistance and cooperation with the Planning Commis- 20 sion. 21 VIII. CONTINUED BUSINESS. 22 1. New Draft Antennae Ordinance. 23 Chair Bergstrom asked for a report from Staff. Assistant City Manager Isom noted that he was 24 provided with a copy of Shoreview's antennae ordinance, and had acquired some ordinances 25 from other cities. He pulled out what he thought were the most significant of the ordinances, and 26 asked for direction from the Planning Commission with regard to developing a new antennae or- 27 dinance for the City. 28 Bergstrom reviewed with Isom the parts of each ordinance that he was in favor of and preferred 29 language for a new ordinance. Bergstrom would recommend that if Isom could pair the Dublin 30 ordinance down, or to modify the Shoreview ordinance to include the table on page 117 of the 31 Commission's agenda packets. Hatch mentioned that there were certain limitations to the FCC Act,but that there was something 3 in the ordinance that would steer the City towards the goals that it would like to achieve. Planning Commission Meeting Minutes August 15, 2000 Page 10 • 1 IX. COMMISSION INPUT. 2 1. Chair to select a Commissioner as the representative to the upcoming Council meeting, 3 Bergstrom noted that he was planning on attending the meeting on August 22, 2000. 4 2. Commissioners' comments. 5 Tillmann thanked Dick Horst of Hardware Hank for loaning a truck to the Planning Commission 6 for the VillageFest parade. 7 Hanson wanted to wish Mr. Tankenoff luck with the voting on the redevelopment of Apache 8 Plaza project which would occur at the City Council meeting on August 22. Hanson noted the 9 particular objections of one Councilmember about the project, and he encouraged the other 10 Councilmembers to defend the Hillcrest Project and move forward with the renovation that the 11 Planning Commission and City Council have worked so hard to achieve over the past nine 12 months. 13 Thomas noted that the antennae ordinance is a good exercise in being proactive in planning. He 14 hoped that the Commission could continue to update ordinances. 15 Melsha also wanted to wish Mr. Tankenoff luck in the upcoming vote on August 22, 2000, and 16 he wanted to note his support for the Hillcrest Development project. 17 Bergstrom recognized that the Hillcrest project has been made a very attractive project for the 18 City, and he would like to compliment the Planning Commission for the diligence proven at the 19 special Commission meeting on August 1, 2000. He noted that the meeting was an emotional 20 and difficult meeting, and he was proud that the Commission worked hard to delve into the issue 21 and make an appropriate and informed recommendation to the City Council. 22 Hatch commented on the antennae recommendation, and wondered if it could tie in with the 23 transportation issue. Additionally, on another issue, Hatch has noticed the condition of the fenc- 24 ing by Lowry Grove, and wondered if there was"anything the Commission could do to make that 25 more attractive. Bergstrom noted his belief that is a private fence, and located on the City's right 26 of way. 27 Bergstrom deferred to Isom for an answer on the fencing. Isom stated that he would review this 28 issue with the Public Works Director. 29 Stille noted that at VillageFest, Hennepin Parks had a booth next to the Planning Commission. 30 He stated that he was provided with a letter from Hennepin Parks directing interest towards the 31 Salvation Army property. He reviewed the letter and noted it was an interesting point. 32 Isom remarked that he had now been involved with the Planning Commission for five months and noted that the Commission had grown in experience and expertise just since the time that he 4 had been attending the meetings. Planning Commission Meeting Minutes: August 15, 2000 Page 11 1 X. ADJOURNMENT. 2 Motion by Tillmann, second by Stille, to adjourn the meeting at 10:00 p.m. 3 Motion carried unanimously. 4 Respectfully submitted, 5 Sue Selseth 6 TimeSaver Off Site Secretarial, Inc.