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HomeMy WebLinkAboutPL MINUTES 09182007CITY OF ST. ANTHONY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PLANNING COMMISSION MEETING September 18, 2007 7:00 p.m. I. CALL TO ORDER. Vice Chair Jensen called the St. Anthony Planning Commission meeting to order at 7:07 p.m. II. ROLL CALL Commissioners present: Chair Stromgren, Commissioners Galyon, Heinis, and Jensen (arrived at 7:15 p.m.) Absent: Commissioners Crone, Goodwin, and Jenson Also present: Assistant City Manager Kim Moore-Sykes III. PLEDGE OF ALLEGIANCE Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. The Planning Commission proceeded to Agenda Items VIII, IX, X, and XI awaiting a quorum of Commissioners. A quorum resulted at 7:15 p.m. and the Planning Commission continued with the agenda beginning with IV. IV. APPROVAL OF MEETING AGENDA Assistant City Manager Moore-Sykes requested Public Hearing Item 3 struck from the agenda as it is not required per the City Attorney. Motion by Commissioner Galyon, seconded by Commissioner Jensen, to approve the meeting agenda as amended. Motion carried unanimously.36 37 38 39 40 41 42 V. APPROVAL OF MEETING MINUTES OF AUGUST 21, 2007 Motion by Commissioner Galyon, seconded by Commissioner Jensen, to approve the Planning Commission meeting minutes of August 21, 2007 as presented. 3 Ayes, 0 Nays, 1 Abstain (Stromgren). Motion carried. 43 44 45 46 47 48 VI. COMMUNICATION WITH CITY COUNCIL None Planning Commission Meeting Minutes September 18, 2007 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 VII. PUBLIC HEARINGS VII.1. Text Amendment to the City Ordinance to Allow Daycare Center in the Industrial Zoning District. Chair Stromgren opened the public hearing at 7:17 p.m. Assistant City Manager Moore-Sykes reported the prospective buyers of 2812 Anthony Lane South requested a text amendment to the City’s Zoning Ordinance to allow daycare as conditional use in the Industrial Zoning District. She stated the applicants presented the proposed text amendment to the Planning Commission in a concept review at the August 21, 2007 Planning Commission meeting. She stated staff sent the proposed text amendment to the city attorney for his review and comments. She reported the City Attorney recommends that the City should only consider the use the applicant had an interest in for inclusion in the Industrial Zoning District; other uses should be considered by the Planning Commission and City Council on a case by case basis. Assistant City Manager Moore-Sykes stated the applicant followed the procedure for applying for a text amendment as outlined in Section 100.04 Amendments and Additions. She indicated that generally, Section 100.04 states that a minor change to the Zoning Code requires only one reading and a majority of votes to approve text changes. She stated that if the proposed language revisions significantly change all or part of an existing classification of a zoning district, then the text amendment would require a four-fifths majority vote of all members of the Council. She reported that staff is of the opinion that this text amendment constitutes a minor change to the Zoning Ordinance. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Assistant City Manager Moore-Sykes stated that if the proposed language change is approved, it would allow daycare centers to be permitted conditional use in the Industrial Zoning District and this use would require an approved CUP. She indicated staff received no calls or emails opposing this text amendment. Assistant City Manager Moore-Sykes read the text amendment. Mr. Robert Foster, 3308 Beldon Drive, presented an overview of the text amendment to the City Ordinance. He stated a purchase agreement in place with three lawyers in his office, Mr. Rodney Lee and Ms. Carol Arens. Commissioner Heinis asked if the text in front of the Planning Commission is from the City Attorney. Assistant City Manager Moore-Sykes replied that it was. Chair Stromgren closed the public hearing at 7:25 p.m. Assistant City Manager Moore-Sykes commented that as part of the Conditional Use Permit, the conditions would be discussed. Planning Commission Meeting Minutes September 18, 2007 Page 3 1 2 3 4 5 6 7 8 9 10 Chair Stromgren stated the text amendment seemed logical. Commissioner Galyon stated businesses in that area might want to partake in the services of the daycare. Motion by Vice Chair Jensen, seconded by Commissioner Heinis, to Adopt the Text Amendment to the Zoning Code Allowing Daycare Centers as Permitted Conditional Uses in Industrial Zoning Districts. Motion carried unanimously. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VII.2. Conditional Use Permit for Jack & Jill Daycare Facility, 2812 Anthony Lane South. Chair Stromgren opened the public hearing at 7:27 p.m. Assistant City Manager Moore-Sykes reported that Mr. Eric Brever of Premier Gateway, LLC, prospective buyers of 2812 Anthony Lane South have requested a Conditional Use Permit to allow Jack & Jill Daycare & Preschool to locate at 2812 Anthony Lane South. She stated the proposed property is located in the City’s Industrial Zoning District. She stated the applicants presented a CUP application to the Planning Commission in a concept review at the August 21, 2007 Planning Commission meeting. She indicated the applicants have also proposed a text amendment prior to this Public Hearing that would allow daycare facilities as conditional permitted use in the Industrial Zoning District. Assistant City Manager Moore-Sykes reported the applicant followed the procedure in applying for the Conditional Use Permit as outlined in Section 1665.04 – Conditional Use Permits. She stated the application was made on forms provided to Mr. Brever by staff and the application was signed and dated by Mr. Robert Foster, Premier Gateway, LLC, and the fee was paid. She reported the public hearing notice for the September Planning Commission meting was published in the City’s legal newspaper and notices were mailed to property owners adjacent to the property. She stated the applicant is also scheduled for the September 25, 2007 City Council meeting and is required to be approved by a majority of the Council after determining all conditions for a CUP have been met. Assistant City Manager Moore-Sykes staff received no phone calls or emails opposing this action. Mr. Robert Foster, 3308 Beldon Drive, presented an overview of the purpose of the Conditional Use Permit. He stated Mrs. Carol Arens is ready and willing to work with staff to ensure all requirements are met. He displayed a site drawing to depict the materials used in the building. He pointed out the location of parking on the north of the building and the daycare would occupy the southeasterly portion of the building. He indicated the play areas, designed per state statute, on the site. He stated the parking lot would be covered and re-striped. He stated the law office would be in the north easterly corner of the building. Mr. Foster stated that once these two businesses are in the building, it would be fully occupied. He pointed out the staff parking area, Planning Commission Meeting Minutes September 18, 2007 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 sidewalks and the drop off and pick up area for children. He stated the daycare will use similar format with seven classrooms in the interior. Chair Stromgren asked if the building would be 100 percent occupied. Mr. Foster replied the tenants there now would remain. He commented a construction business and an appraisal firm occupy the building. Chair Stromgren asked if the construction business had warehouse facilities. Mr. Foster replied they have limited warehouse area. He stated the dock would remain until they decide whether or not to stay beyond their lease which expires mid 2009. He pointed out where access to the docks would be. He stated truck traffic would be from the southwest end of the building and separate from the daycare. He stated the traffic is mainly service traffic. Commissioner Galyon questioned whether both playground areas would be fenced; as only the play area next to building appears to be fenced on the site plan. Mrs. Arens replied the play areas would be fenced per State Health and Family Service requirements. Commissioner Galyon asked if there is any concern with the crosswalks and supervision. Mrs. Arens replied that most of the time, children play outside is 9:30 – 11:00 and 3:30 to 4:30 p.m. She stated all children are escorted on the crosswalks. Mr. Foster commented one of the initial plans for the play area outside of the northeast corner of the building was objected to by the tenants; therefore, this area would not be used. Commissioner Galyon questioned bathroom needs for the children while outside. Mrs. Arens replied one staff member would escort these children, leaving another one to watch remaining children. Commissioner Galyon asked if the design is new or an existing design. Mr. Foster replied it is a different design with angled parking. He commented the parking lot would be resealed. Commissioner Galyon commented the 69 parking stalls are more than required. He questioned the play area and walkway lighting. Mr. Foster replied all the walking areas would be used during daytime hours. Mrs. Arens commented that play time is adjusted to match seasonal daylight hours. Planning Commission Meeting Minutes September 18, 2007 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Commissioner Galyon questioned outside lighting on the building. Mr. Foster replied the lighting on the building could be directed to light the walkways. Commissioner Galyon asked about parking lot lighting. Commissioner Heinis asked why the travel pattern in the parking area is clockwise rather than counter clockwise. He asked about the straight in parking spaces and if it would be better to have them angled to facilitate traffic flow. Mr. Foster replied it would be a good suggestion to angle them. Chair Stromgren asked if the majority of the truck traffic turns east once they enter the area. Mr. Foster replied that was correct, trucks go to businesses east of this building. Chair Stromgren stated he drove by the site and noticed about 12 trucks and three trailers parked on site at 6:45 p.m. He requested staff look into this. Mr. Foster replied he did not know why they were there. Chair Stromgren stated that perhaps one side of St. Anthony Lane could be designated as no parking to keep it open and wider. Chair Stromgren commented that the new parking layout seems to follow the perimeter of the existing asphalt. Mr. Foster replied they are following the existing layout. Commissioner Jensen stated that the request for daycare is an allowable use with 14,000 square feet and the remaining square footage would be used by the light industrial or office; therefore, assuming the daycare consumes X amount of spaces, the balance would be used by the light industrial and office. He stated it would appear the site plan is being driven by an attempt to re- stripe the parking lot as is, versus making the best layout given what the parking needs are. He suggested that while the attorneys object to the play area outside their office, it might be a better plan than just re-striping the parking lot to accomplish the goal. He stated that normally the Planning Commission would require the applicant provide parking calculation and space plans. Commissioner Jensen asked if by converting the building, there would be other conformance issues to consider. Assistant City Manager Moore-Sykes replied an occupancy permit would be required and it would be issued by the building inspector. She stated there would be an opportunity to review the site which is triggered by CUP or building permit. Planning Commission Meeting Minutes September 18, 2007 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Commissioner Jensen questioned whether it is the applicant’s intention to bring the site up to a greater conformance such as with landscaping for example. Mr. Foster replied discussions took place with the Fire Chief on life safety issues and understands a building permit is required. He commented their intent is to make it a good looking building and would work with staff to make this an attractive area as the gateway to St. Anthony. Commissioner Galyon stated his struggle was with insuring the zoning laws are obeyed and parking is appropriate. He echoed Commissioner Jensen’s comments. Mr. Foster replied he would look at existing uses and complete the parking calculations on the new office and daycare. He stated it is their intention that the remaining space would be warehouse as it currently exists. Chair Stromgren asked if an architect had been hired to work on the interior of the building to insure code violations did not occur. Mr. Foster replied the building would be fully sprinkled. Mrs. Arens stated the requirement is 35 square feet per child. She explained the typical classroom sizes is about 800 square feet. Mr. Foster it is their intent to submit architectural plans. Chair Stromgren asked what the max # of children to be housed. Mrs. Arens stated she would map out what she is requesting based on the square footage and that would become the maximum number of children. Commissioner Galyon asked if the land in the northeast corner also owned by this group. Mr. Foster replied yes and pointed out the boarders of the property. Chair Stromgren closed the public hearing at 7:58 p.m. Commissioner Jensen stated he is comfortable with daycare as a use; however, he is not sure the plan is polished enough to forward to Council at this time. He commented that he is confident that the plan would be in the next 30 days. He stated he would like to request as a condition that the plans come back to the Planning Commission and table this until the next session. Chair Stromgren agreed with Commissioner Jensen and stated the Commission could deny, table or approve it with conditions and rely on staff to do the due diligence. Commissioner Galyon asked if the 60 day is at issue. Planning Commission Meeting Minutes September 18, 2007 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Assistant City Manager Moore-Sykes replied yes; however, a request for waiver for an additional 60 days is appropriate. Commissioner Galyon asked if it is proper protocol to do. Commissioner Jensen commented it is unusual to complete these in 60 days. He stated it would be reasonable to request a 60 day extension. He stated he preferred this precedent be followed as it has been in the past. Discussion ensued. Assistant City Manager Moore-Sykes commented that with a denial the applicant would need to reapply; with the 60 day extension, they would not. Commissioner Jensen asked the applicant if the timeline is workable with their schedule. Mr. Foster asked when the next Planning Commission meeting would be held. Chair Stromgren replied October 16, 2007. Vice Chair Jensen explained that within 14 days Mr. Foster would know whether Council agreed with the Planning Commission’s recommendations. Mr. Foster commented the purchase agreement required an earlier closing; however, he believed this could be negotiated. He stated they are willing to go through what any other business would, given a similar situation. Commissioner Jensen stated he would like to give them the opportunity to come up with the best possible plan for the property. Motion by Commissioner Jensen, seconded by Commissioner Galyon, to table the request for a Conditional Use Permit for Jack & Jill Daycare Facility, 2812 Anthony Lane South until the October 16, 2007 Planning Commission meeting with the stipulation a site survey, a space plan, a tally of the parking spots, a landscaping plan and confirmation the criteria of a standard CUP process with staff. Friendly amendment made by Chair Stromgren to delineate the drop off areas and hard surface walk ways as part of the landscaping plan. Commissioner Jensen and Commissioner Galyon accepted the friendly amendment. Assistant City Manager Moore-Sykes commented the 60 days expires on October 22, 2007; therefore, she would prepare a letter for Council action. Motion carried unanimously. 45 46 Planning Commission Meeting Minutes September 18, 2007 Page 8 1 2 Chair Stromgren requested staff to look into the trucks and trailers in the area. VII.3. Conditional Use Permit for Foster, Hedback, Brever, Arendt & Carlson Law 3 Offices, LLC. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VIII. CONCEPT REVIEWS None IX. REPORTS FROM STAFF Assistant City Manager Moore-Sykes reported on the Minneapolis Association of Realtors. She reported states that at the end of August 2007, 84 home sales closed in St. Anthony which is behind by 30% from 2006. She stated St. Anthony has an average sale price of $256,595.00 which is ahead of last year’s sale price of nearly 10 percent. She reported the Twin Cities area units remains high with 34,008 units for sale for the entire region. She commented builders are not building as much as they have in previous years which resulted in 16 percent of the decline of new homes for sale. X. COMMUNITY FORUM None XI. INFORMATION AND ANNOUNCEMENTS XI.1. Planning Commission Application Letters to City Manager due November 16, 2007. Assistant City Manager Moore-Sykes reported that those Commission members whose terms are up at the end of the year, to submit letters of application to the City Manager by November 15, 2007. Chair Stromgren asked about the Comp Plan status. Assistant City Manager Moore-Sykes replied Council approved for preliminary Comp Plan and submission to the Metropolitan Council. Chair Stromgren asked if the Met Council provides input to the Comprehensive Plan. Assistant City Manager Moore-Sykes replied the Met Council is to provide comments if they so desire; however, she did not recall any input previously. XII. ADJOURNMENT Motion by Commissioner Heinis, seconded by Commissioner Jensen, to adjourn the meeting at 8:10 p.m. Planning Commission Meeting Minutes September 18, 2007 Page 9 Motion carried unanimously.1 2 3 4 5 Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc.