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HomeMy WebLinkAboutPL PACKET 08172010 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104984 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 08172010 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY,AUGUST 17, 2010 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF 3uLY 20, 2010. VI. COMMUNICATION WITH CITY COUNCIL VII. PUBLIC HEARINGS. VII. 1. NONE VIII. CONCEPT REVIEWS. VIII.1. Redevelopment Proposal for Lot A, 3055 Old Hwy. 8 IX. OTHER BUSINESS. X. REPORTS FROM STAFF. X.1. Minnesota Supreme Court Ruling Regarding Variances XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerks record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. F•\Planning\PC Agendas\2010\08172010 pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 JULY 20, 2010 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Jensen called the meeting to order at 7:01 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Jensen invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Jensen; Commissioners Cincoski, Heinis, Crone, and 20 Chaput. 21 Absent: Commissioners Niccum and Poucher. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Motion by Commissioner Cincoski, second by Commissioner Crone, to approve the Planning 27 Commission Meeting Agenda of July 20, 2010. 28 29 Motion carried unanimously. 30 31 V. APPROVAL OF MEETING MINUTES 32 33 Motion by Commissioner Heinis, second by Commissioner Chaput, to approve the June 15, 2010 34 Meeting Minutes as submitted. 35 36 Motion carried unanimously. 37 38 VI. COMMUNICATION WITH CITY COUNCIL 39 40 None. 41 42 VII. PUBLIC HEARINGS 43 44 VII.1 3701 STINSON BOULEVARD — CONDITIONAL USE PERMIT FOR A 45 RESTAURANT LOCATED WITHIN 250 FEET FROM A RESIDENTIAL 46 STRUCTURE OR DISTRICT (CITY CODE 152.120, (P)) 47 48 Chair Jensen stated the public hearing for agenda items 7.1 and 7.2 will be held together. 49 Planning Commission Regular Meeting Minutes , July 20, 2010 Page 2 1 Chair Jensen opened the public hearing for agenda items 7.1 and 7.2 at 7:05 p.m. 2 3 Assistant City Manager Moore-Sykes presented the staff report for the Conditional Use Permit 4 (CUP) request to locate a restaurant within 250 feet from a residential structure or district. Staff 5 met with Mr. Terry Abney of Abney Development Services, Inc., consultant for International 6 House of Pancakes (IHOP)Restaurants, to discuss the possibility of locating an IHOP restaurant 7 at 3701 Stinson Boulevard. This site was previously the location of a Bakers Square restaurant 8 that closed in 2009. Mr. Abney's architecture team provided staff with drawings of the proposed 9 changes needed to accommodate locating an IHOP restaurant at this location. Staff advised Mr. 10 Abney of the need to obtain a CUP because the restaurant is located within 250 feet of a 11 residential structure or district. Assistant City Manager Moore-Sykes explained that the Bakers 12 Square restaurant was originally constructed in 1971 as a Poppin' Fresh Pies restaurant. No CUP 13 was required at the time the original restaurant was constructed. Since then, the City has adopted 14 Section 152.122 (P), which requires that restaurants, cafeterias, and delicatessens that are uses 15 allowed in the Commercial Zoning District,but are located less than 250 feet from a residential 16 structure or district, to obtain a CUP from the City Council. Staff advised Mr. Abney of the CUP 17 requirements and public hearing process as described in the City's Ordinance, Section 152.243. 18 19 Assistant City Manager Moore-Sykes provided an overview of additional information provided 20 by Mr. Abney and his team in response to the following CUP conditions and requirements: 21 1. The requested conditional use is one of the Permitted Conditional Uses specifically listed 22 for the zoning district in which the conditional use is located. 23 2. That the requested CUP will not be detrimental to health, safety or general welfare of 24 persons residing or working in the vicinity or injurious to property values or 25 improvements in the area. 26 3. The requested CUP is considered necessary or desirable at the subject location to provide 27 a service or a facility which is in the interest of public convenience and will contribute to 28 the general welfare of the neighborhood or community. 29 30 Assistant City Manager Moore-Sykes reviewed the conditions of the CUP. She reported that 31 staff has received six phone calls in favor of the CUP for IHOP. The action before the Planning 32 Commission at this time is a recommendation for approval of the CUP application for 3701 33 Stinson Boulevard, for a restaurant located within 250 feet of a residential structure or district. 34 35 Assistant City Manager Moore-Sykes presented the staff report for the CUP Request for a Drive- 36 Through Facility in a Permitted Use. She stated Mr. Abney has been notified that a drive- 37 through use requires a CUP. Mr. Abney advised staff that the drive-through facility would only 38 be for the ordering of coffee, smoothies,pastries and some take-out orders. He reported that this 39 is a new idea for IHOP and it is being proposed for the St. Anthony site because the existing 40 restaurant building has a smaller seating capacity so it is an opportunity to try this idea. There 41 would be a small menu board next to the window for beverages and pastries. Mr. Abney also 42 indicated that the take-out orders would have to be called in, similarly to the "Carside to Go" 43 concept of another restaurant chain. 44 45 Assistant City Manager Moore-Sykes provided an overview of the application review and 46 analysis of the following CUP conditions and requirements: . Planning Commission Regular Meeting Minutes July 20, 2010 Page 3 1 1. The requested conditional use is one of the Permitted Conditional Uses specifically listed 2 for the zoning district in which the conditional use is located. 3 2. That the requested CUP will not be detrimental to health, safety or general welfare of 4 persons residing or working in the vicinity or injurious to property values or 5 improvements in the area. 6 3. The requested CUP is considered necessary or desirable at the subject location to provide 7 a service or a facility which is in the interest of public convenience and will contribute to 8 the general welfare of the neighborhood or community. 9 10 Assistant City Manager Moore-Sykes reviewed the conditions of the CUP. She stated staff has 11 received no phone calls or emails in opposition to the drive-through proposal. The action before 12 the Planning Commission at this time is a recommendation for approval of the CUP application 13 for 3701 Stinson Boulevard, for a Drive-Through Facility in a Permitted Use. 14 15 Mr. Terry Abney, Project Management Consultant for IHOP, introduced the operators of the 16 proposed IHOP, Tammy Smith, and explained that Ms. Smith and her husband also run seven 17 other IHOP restaurants. Mr. Abney reviewed the site plan, landscaping plan, and proposed sign 18 and sign placement plan for the IHOP restaurant site. He explained that the drive through 19 window is actually referred to as a coffee window due to the limited menu that will be available. 20 21 Ms. Jan Fillmore, 2550 38th Avenue NE, addressed the Planning Commission and stated many of 22 the residents of Silver Lake Village Condos look forward to the restaurant. There are a number 23 of restaurants on 391h Avenue in St. Anthony Village where they can go for lunch and dinner, but 24 they have been waiting for some time for a place for breakfast. 25 26 Chair Jensen commented that the addition and location of the drive-through coffee window and 27 utilization of the curb cut is a bit awkward. He inquired whether the on-site engineer visit 28 conducted today wielded any concerns in this area and indicated that he has provided the 29 applicant with sketches for consideration. He suggested the possibility of removing two of the 30 parking stalls currently located close to the entrance in order to allow for vehicles to stack near 31 the front door, as well as the possibility of relocating the coffee window behind the office which 32 would allow for the reorganization of the handicap parking location. Mr. Abney replied that 33 removing parking stalls had not been considered,but this would not be an issue if it were to be a 34 request of the Planning Commission. 35 36 There was discussion on including landscaping in the parking lot, and that the overall PUD for 37 this area has included landscaping islands at the end of the parking rows. 38 39 Chair Jensen requested the applicant to consider the potential traffic concerns resulting from the 40 coffee window exit on the northwest side of the building. 41 42 Chair Jensen closed the public hearing for agenda items 7.1 and 7.2 at 7:28 p.m. 43 44 Chair Jensen verified that the applicant is in agreement with the four conditions for agenda item 45 7.1 included in the staff report. 46 Planning Commission Regular Meeting Minutes July 20, 2010 Page 4 1 Motion by Commissioner Chaput, second by Commissioner Heinis, to recommend approval of 2 the CUP application for 3701 Stinson Boulevard, for a Restaurant Located within 250 Feet of a 3 Residential Structure or District, with the following conditions: 4 1. Garbage areas must be enclosed with materials that match buildings. 5 2. Lighting must be "down spill" with no spillage to affect the adjacent residential 6 properties. 7 3. No music or other artificial noise shall be audible from the restaurant to adjacent 8 residential properties. 9 4. The remodel and redevelopment of the property shall conform as closely as possible and 10 practicable to The Village at St. Anthony design standards. 11 12 Motion carried 5-0. 13 14 VH.2 3701 STINSON BOULEVARD—CONDITIONAL USE PERMIT FOR A DRIVE 15 THRU FACILITY IN A PERMITTED USE (CITY CODE 152.120, (B)) 16 17 Staff report and public hearing conducted with agenda item 7.1. 18 19 Chair Jensen asked if the applicant is in agreement with the four conditions included in the staff 20 report. He suggested the following additional condition: Driveway to the northwest of the 21 building shall be considered for movement or alignment north upon the first accident. 22 23 Mr. Abney requested that the suggested additional condition be amended to specify that the 24 accident be proven to be directly related to the drive-through. In regards to condition no. 1,Mr. 25 Abney requested clarification on whether a small canopy to protect customers from weather, etc., 26 that does not extend further than four feet could be attached to the window. Assistant City 27 Manager Moore-Sykes explained that this is a standard condition and the type of awning 28 described by Mr. Abney would be acceptable. 29 30 Consensus was reached to amend condition no. 1 as follows: No canopy in excess of four(4) 31 feet over the drive-thru. 32 33 Ms. Tammy Smith, applicant, addressed the Planning Commission and stated that it is not the 34 current intent to operate the IHOP 24 hours; however, there is the potential for this in the future. 35 The restaurant would only move to a 24 hour operation if it was to be a win/win for the 36 community and IHOP. She stated if the restaurant operation were to move to a 24 hour operation 37 the coffee window would not be open 24 hours. She suggested consideration of this in regards to 38 condition no. 3 and stated she would not there to be a need to revisit the CUP if the hours of 39 operation were to change in the future. 40 41 Assistant City Manager Moore-Sykes indicated that this condition could be amended at the City 42 Council level if the Council determines that a restriction on a 24 hour operation should be 43 included. 44 45 There was additional discussion on the additional condition suggested by Chair Jensen. 46 Planning Commission Regular Meeting Minutes July 20, 2010 Page 5 1 Consensus was reached to include condition no. S as follows: 2 Driveway northwest of building shall be considered for realignment upon an accident 3 related to drive-thru activities. 4 5 Motion by Commissioner Cincoski, second by Commissioner Crone, to recommend approval of 6 the CUP application for 3701 Stinson Boulevard, for a Drive-Through Facility in a Permitted 7 Use. 8 9 A friendly amendment was made by Commissioner Heinis to include the following five 10 conditions in the recommendation for approval: 11 1. No canopy in excess of four(4) feet over the drive-thru. 12 2. Orient the traffic to a one-way flow pattern to minimize potential traffic conflicts. 13 3. Hours of Operation will be limited to opening to an hour before closing. 14 4. Positioning the driveway to limit and/or prevent headlights from shining into residential 15 neighborhoods. 16 5. Driveway northwest of building shall be considered for realignment upon an accident 17 related to drive-thru activities. 18 19 Motion carried 5-0. 20 21 Assistant City Manager Moore-Sykes stated this item will be included on the July 27, 2010 City 22 Council meeting agenda. 23 24 VIII. CONCEPT REVIEWS 25 26 None. 27 28 IX. OTHER BUSINESS. 29 30 None. 31 32 X. REPORTS FROM STAFF 33 34 None. 35 36 XI. COMMUNITY FORUM. 37 38 None. 39 40 XII. INFORMATION AND ANNOUNCEMENTS. 41 42 None. 43 h Planning Commission Regular Meeting Minutes \ July 20, 2010 Page 6 1 XIII. ADJOURNMENT. 2 3 Motion by Commissioner Crone, second by Commissioner Chaput, to adjourn the meeting at 4 7:55 p.m. 5 6 Motion carried unanimously. 7 8 Respectfully submitted, 9 Carol Hamer 10 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission From: Kim Moore-Sykes,Assistant City Manager Date: August 17, 2010 Subject: 3055 Old US Hwy 8,Lot A Requested Action: Concept Review Date Application Received: N/A Property Address: 3055 Old Us Hwy. 8,Lot A Zoning District: LI 60-Day Expires: N/A Waiver Letter Required: Yes N/A Date Sent: No Future Action: Background: Staff met with Jerry Nordenstrom,Project Manager from Community First Development,LLC, to discuss their proposal to build a 4-story high density,multi-family building that would also house small service oriented commercial businesses on the first level on Lot A of 3055 Old Highway 8. In February 2009, the Wirth Companies, the owner of 3055 Old Highway 8, petitioned the City to split this property into two lots,Lot A and Lot B. Lot A is the north portion of the existing parking lot for the property and Lot B includes the existing building and a smaller portion of the existing parking lot. Mr. Lutz, representative for Wirth Companies, stated at the time that Wirth Companies wanted to split the property but had no plans at the time for redevelopment for Lot A. Both lots are currently in the Light Industrial zoning district. In order for Lot A to be redeveloped into a high density, multi-family use,Mr. Nordenstrom was advised that he will have to rezone the property to R-4 from LI. This rezoning would not be out of character for the neighborhood as there is an apartment complex to the north, adjacent to Lot A and townhome complexes to the north and to the northwest at Old Hwy. 8 and 33`d Avenue. Additionally, this is an appropriate petition for rezoning because the purpose of the R-4 District is to provide areas for housing other than 1 and 2-family dwellings and townhomes, and which serves as a transitional use between less dense residential uses and non- residential uses. Lot A is 78,391 SF,which is sufficient for the proposed 30-unit condominium apartment building with service or convenience-type businesses on the first level. For a building size with 17 or more units, the minimum lot size is 43,000 SF plus 1,750 SF per each unit over 16. This means that minimally, this proposed building needs to be at least 67,500 SF and lot coverage is restricted to 50%. {152.104, DIMENSIONAL REGULATIONS, (B)(H)}. 08172010 Rezone Prop 3055 Old Hwy 8.doc N The proposed R-4 condominium apartment building will at a height of three (3) stories or 35 feet. {152.104, DIMENSIONAL REGULATIONS, (A)). In addition, Mr. Nordenstrom said that they want to put a small business center on the first level that would cater to the needs of the residents. Possible service-type businesses could include a postal station, accountant, attorney, convenience store, etc. These uses are allowed in the R-4 zoning district but with a Conditional Use Permit (152.102, PERMITTED CONDITIONAL USES, (C)). Attachments: • Preliminary Site Plan Drawings • Aerial Photo of Site 08172010 Rezone Prop 3055 Old Hwy 8.doc Executive Manor Condominium - Google Maps Page 1 of 1 Goole maps To see all the details that are visible on the screen,use the"Print"link next to the map. Get Directions My Mans Take our sunWI Print Bond Unk _ s a B' - i i Enter location or right-click on map These directions are for planning purposes only.You may find that construction projects,traffic,weather,or other events may cause conditions to differ from the map results,and you should plan your route accordingly.You must obey all signs or notices regarding your route. 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