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HomeMy WebLinkAbout2015.01.22 PC MinutesMinutes for the Planning Commission Meeting of January 22, 2015 Chair Gwynn called the meeting to order at 6:59 p.m. PRESENT: Arcand, Gwynn, Knauss, Lessard, Rosenquist ABSENT: McRoberts, Kleissler STAFF: Bryan Bear, City Administrator Rachel Juba, City planner Rachel Leitz, Community Development Intern Approval of Minutes for the Planning Commission Meetings of December 4, 2014 and January 8, 2015 Commissioner Arcand made motion, Commissioner Rosenquist seconded, to approve minutes for the meeting of December 4, 2014. All Ayes. Motion carried. Commissioner Arcand made motion, Commissioner Rosenquist seconded, to approve goal setting minutes for the meeting of January 8, 2015. All Ayes. Motion carried. Elect Vice Chair to Planning Commission Planner Juba stated that in the Planning Commission Bylaws, it's required that the planning commission elect a Vice Chair and recommend them to the City Council each year. She also added that Commissioner Kleissler has been the Vice Chair for the past several years. Commissioner Rosenquist made motion and Commissioner Arcand seconded to recommend appointment of Commissioner Kleissler for the Vice Chair. All Ayes. Motion carried. Review and Approval of 2015 Goals Planner Juba reviewed the Planning Commission 2015 goals, which included the resolution of the 2030 Comprehensive Plan. She stated that there are a few things that still need to be resolved from the last Comprehensive Plan, including reviewing and providing recommendations on the Storm water Management Plan and starting to evaluate the next steps with the Eastern Hugo Study. She described that this year the Planning Commission set goals for the zoning ordinance text amendments where there will be regularly scheduled Ordinance Review Committee (ORC) meetings. Evaluating and revising the parking, landscaping, subdivision, and PUD sections of the City Code will be included in this process. Lastly, the Planning Commission will initiate discussion on the 2040 Comprehensive Plan. She stated that this year there will be a review and commenting on the Met Council System Statements and also a review of the policy plan section of the 2030 Comprehensive Plan. Chair Gwynn stated that although he was not at the meeting to discuss the goals, he has reviewed them and likes the goals. Chair Gwynn motions and seconded by Commissioner Arcand, to approve the goals and forward them to the City Council. All Ayes. Motion carried. Review of Bald Eagle Sportsman Association (BESA)- CUP Review Planner Juba stated that this is a special use permit for the Bald Eagle Sportsman Association (BESA). This property is located in the rural residential area of the city at 6557 125th Street. Planner Juba discussed that the special use permit generally allows for the operation of the gun club and that there are several conditions under the special use permit to be considered. Condition 19 requires a review prior to December 1St of even - numbered years. Staff conducted a visit on January 9, 2015 and saw no changes. Planner Juba states that there is an area of the fence that needs repair and the President of the association stated it would be fixed immediately. Planner Juba concluded by saying that staff is not aware of any violations of the existing SUP and finds BESA to be in compliance with the SUP. Staff recommends approval of the SUP review. Motion by Commissioner Arcand, seconded by Commissioner Lessard, to forward a recommendation of approval to the City Council from the Planning Commission. All Ayes. Motion Carried. O'Reilly Auto Parts- Site Plan and Variances Planner Juba described the site plan and variances for O'Reilly Auto Parts, located at 14777 Forest Boulevard. Planner Juba explained that the site plan includes an approximately 7,000 square foot single story building and parking lot on a 0.64 acre parcel. This property is zoned Central Business (C-1) and is located in the area of the City where development is guided by the downtown plan and design guidelines. The applicant is also requesting four variances from the building setback and parking requirements. The variance requests include: 1. A front yard setback to be 8 feet from the west property line, where 10 feet is required by ordinance. 2. A front yard setback to be 2 feet from the south property line, where 10 feet is required by ordinance. 3. A parking lot setback to be 5.5 feet from the east property line, where 10 feet is required by ordinance. 4. The number of parking spaces to be 26 spaces, where 41 is required by ordinance. Planner Juba went over the site plan and concluded that since the sketch plan process, the applicant has made revisions to the site to address the comments from the Commissions and City Council. They have done a good job meeting the intent of the downtown plan and design guidelines. There are items listed in the site plan resolution that staff would like to continue working with the applicant on. Planner Juba described that it is in staff's opinion that the applicant meets all the requirements necessary to approve the site plan and variances and staff recommends approval of the site plan and variances, subject to the conditions listed in the attached resolutions. Staff recommends the Planning Commission discuss the site plan and variances, as well as, provide direction on the gateway element. Commissioner Arcand asked if the zoning verse the downtown guidelines are contradictory, especially related to building setbacks. Planner Juba stated that the C-1 zoning district has front setbacks and the front is defined as the area between the building and the road, so they have a setback of 10 feet. Within the downtown guideline, they want the building to orient to the road and anchor the corners. Planner Juba doesn't think they are necessarily contradictory, but to meet the intent of the design guidelines, there may be a variance request. Chair Gwynn invited the representatives from O'Reilly Auto Parts up to the podium to speak. Melissa Higbie, an architect from Estherly Schneider Architects, out of Springfield, Missouri. They are an independent architecture firm O'Reilly contracts. Ms. Higbie stated that they have been working directly with Planner Juba on a lot of conditions and design requirements for this project. Ms. Higbie stated that it's their opinion that they have met or exceeded the design standards. She asked for no more restrictions or conditions placed on the project, as they feel they have met the standards and that way the development can go forward as they still need to get permits and meet the construction time frame to build in the spring. Commissioner Arcand asked if O'Reilly has a minimum plan they have for the number of square footage they need for retail sales goals. Mark Wold, an O'Reilly representative, came to the podium and stated that there is a certain square footage you need to hit certain sales goals, to get a return on the investment of the building, and to have the proper design on the inside to accommodate racking. He stated that they've cut down the building size from the original proposal and are now at the minimum for needed space. He also stated that they would like the Planning Commission to consider what they have proposed. Commissioner Arcand asked that when the O'Reillys representatives say "no more conditions or restrictions," what that exactly means and if they are referring to Planner Juba not reviewing any of their plans. Mr. Wold and Ms. Higbie stated that they are still willing to work with staff but really want to come to a closure and have approval so they can move onto the next phase of the project. They gave examples of conditions in the resolution that could be removed. Planner Juba explained to the commission that staff's recommendation is based on the conditions listed in the resolution and if the applicant wants to discuss specific items to remove, they should go through each one by one. Commissioner Arcand thanked the representatives and stated that it's important to the City to have something that looks attractive for a primary point in the City. He stated he would like to see the conditions remain in the resolution. Chair Gwynn opened open up public hearing. Steve Cox approached the podium. He stated that he owns the property directly adjacent to the proposed site, on 14797 Forest Boulevard. Mr. Cox stated that he owns a business that will be a direct competitor to the proposed O'Reilly Auto Parts store. Mr. Cox stated that he believed that the Planning Commission was being asked to grant extreme variances to the current ordinances on the books. He stated that if you look at the variances, as a whole, the variances are encompassing around putting a building that is physically too big on the property, based on the City guidelines and ordinances. He explained that the downtown development guidelines state that the businesses the City encourage be unique, independently owned businesses that compliment other businesses in Hugo. He believes that O'Reillys does not compliment the current businesses. Mr. Cox concluded that the Planning Commission needs to consider whether or not this building meets the variance requirements and if it will meet the variance requirements of the future. Mr. Cox also stated that he was obligated to buy additional vacant land to meet the parking ordinance when he bought his business. He doesn't think it's reasonable that one business is required to purchase additional space and another business can be granted variance to the same ordinance. Mr. Cox also wanted the Planning Commission to understand what message they will be sending current business owners in Hugo by the decision that will be made tonight. Commissioner Rosenquist asked if it was true that he had to buy extra parking spaces for his property. Mr. Cox answered that it was true. He stated that the former City Administrator said to meet to parking ordinance, he had to purchase more property to accommodate parking spots. Commissioner Rosenquist then asked if Mr. Cox and the other owners have a joint parking agreement. Mr. Cox answered that they did not. Commissioner Arcand asked if Mr. Cox requested any variances on his project. Mr. Cox answered that they did not and they tried to meet all ordinances of the City. Don Pleau, of 15690 Foxhill Avenue, approached the podium next. He stated that he is a customer of Mr. Cox's business (Key Automotive). He asks that we not support O'Reilly and that we need this like we need a Jimmy Johns next to Subway or a CVS and a Walgreens next to each other. He asked that the Planning Commission not support O'Reilly and not grant the variances. Bill Barrett, 5673 147th street, was the next to speak at the podium. He stated that it appears that everyone needs a return on their investment. To build a bigger building to get a return on your investment is one thing, but it's like putting a quart in a pint jar. He states that it's not a good fit because the building is too large for the property. He believes it's presumptuous for a business to come to the city and ask for exceptions to compensate for their investment. Galen Carlson, 5451 140th street, and North Country Auto Body owner was the next to speak. He stated that he has a 6,000 square ft. addition and can't see, by looking at the lot, a 7,000 sq. ft. building there. He states that Hugo is in a unique position to hold onto the land we own and to use it for what is right for downtown. He understands that if someone complies, you have to move forward but that variances to the ordinance, is not compliance. He asked how wide the parking spaces would be in the O'Reilly parking lot. Planner Juba answered that they are 9 feet. Mr. Carlson asked if the ordinance allows parking spots to be smaller than 9 feet. Planner Juba answered no. Mr. Carlson said that although he is anxious to get business in Hugo, he asks this plan is looked at because he believes the building is too big. O'Reilly representative, Mark Wold, came up to speak again. He said they have met or exceeded all of the criteria for the piece of property. He said they are asking for a few variances because he believes there are some potential contradictory ordinances. He states that he believes the building is not too large for the property and that 4 parking spaces for 1,000 sq. ft. is pretty standard. Mr. Wold stated that O'Reilly is looking to put a business on this piece of property that's been on the market for 5+ years and that it's one of the nicest looking O'Reilly stores they've ever constructed. He said that they are investing a substantial amount of money to meet the Hugo requirements and asks, again, to approve this with a minimum amount of conditions. Chair Gwynn closed the Public Hearing at 8:11 p.m. Commissioner Arcand asked if the property owner on the east side had been notified. Planner Juba stated that they had been notified and that they are in the audience. Karla Mundell, 5720 147th St. N., the property owner to the east of O'Reilly property, came to the podium. She stated that they do not have a problem with the fence line. She also asked how big was the previous building was on that lot. Planner Juba answered that she was not sure. Commissioner Rosenquist asked if the city has any record of the property that Mr. Cox had to buy for parking. Planner Juba gave some background. She stated that the property used to be owned by one person and in order for each of the properties to accommodate the number of spaces required by the ordinance, when being developed, they needed to have some cross access and shared parking easements. She stated that it wasn't by staff's request to purchase additional property. City Administrator Bear stated that the original owner, owned all of these properties and when he decided to sell, one parcel was sold to Mr. Cox. He stated the parking that is behind Mr. Cox's business once had a requirement to be paved and incorporated within the development. He stated that if the gravel parking lot was paved, no one would park there. After reviewing this, it is apparent that the parking requirements were excessive. That's why we are looking to revise the ordinance. He also stated that it should be looked at whether or not there is contradiction between the design guidelines and zoning codes. City Administrator Bear added in that the zoning does allow for another automotive store and although that may be unfortunate, but it is allowed. Commissioner Arcand stated that he would like to try to make it work because they have asked them to do certain things with the site plan and they've done them. Commissioner Rosenquist agreed and stated that the O'Reilly representatives have done a good job, especially with working with this piece of land. Commissioner Knauss agrees with Commissioner Arcand in it not being the Planning Commissions role to interfere with market place and competition, although she does empathize with Mr. Cox. She states that she does not believe there is a parking issue and it sounds like that ordinance will be revisited. Commissioner Knauss believes that there seems to be a conflict between the downtown design guidelines and the ordinance requirements. She stated that she would like to see the trellises removed from the O'Reilly building. She also stated that she told Mr. Cox that she would request his letter be included as the public hearing record. Her next comment was that she believes that the Planning Commission needs to think more about the gateway feature and it needs to have continuity throughout the downtown. She asked if O'Reilly would be okay with escrowing the landscaping that was supposed to be put in that area. That way, money will be there when a design is finally figured out. Mark Wold answered that if the design is come up with and sent to them, they can probably work with it. They just don't want to put anything in and have someone change their mind. He stated that he would be willing to escrow an amount. Commissioner Rosenquist and Arcand also agree with Commissioner Knauss' idea. They felt like it would give the City more time to look at it and it would make it so there is a continuous design in Hugo. Commissioner Lessard agreed. Planner Juba stated that they are happy to work with the applicant on this gateway feature and maybe something will needed to be added to the condition in the resolution. She asks if landscaping and a bench is what the Planning Commission sees when they hear gateway feature. Commissioner Arcand stated that landscaping and a bench isn't a gateway feature. Commissioner Knauss stated that she doesn't want to hold up an approval based on the gateway feature. Commissioner Rosenquist agreed that this project shouldn't be held up based on the gateway feature. Chair Gwynn stated that he would like to see staff set something up with the different commissions to discuss the gateway design sooner rather than later. Chair Gwynn made a motion, and Commissioner Knauss seconded, to approve site plan with the conditions listed in the resolution and adding a condition for the applicant to escrow money for the gateway feature and to remove the trellis from the building. All Ayes. Motion Carried. Chair Gwynn made a motion, Commissioner Arcand seconded, to approve the four variance requests. All Ayes. Motion Carried. Planning Commission Update Planner Juba stated that the Planning Commission will be receiving a Planning Commission handbook. The handbook offers information like contact information, annual goals, Planning Commission bylaws and ordinances, meeting highlights, plans in regards to the Comprehensive Plan, and the League of Minnesota Cities publications. Planner Juba stated that information will be added to the handbook over time. Chair Gwynn stated that he has heard complaints that sometimes the Planning Commission isn't loud enough when voting. He asks that the Commission articulates, so the public can hear. Adjournment Commissioner Arcand motioned to adjourn, Commissioner Rosenquist seconded. All Ayes. Motion carried. Respectfully submitted. Rachel Leitz