Minutes

New Brighton Planning Commission

Regular Meeting

February 21, 1995

7:30 p.m.

Call to Order

The meeting was called to order at 7:30 p.m. by Larry Baker, Chair.

Roll Call

Present:	Larry Baker, Roger Blomquist, Steve Jensen, Mike Livingston, Paul Zisla

Absent:	Joann Knuth, Virginia Sande

Also Present:	Erny Mattila, City Planner

Roger Williams, Council Liaison

Approval of Minutes

Motion by Zisla, seconded by Jensen, to approve the minutes of the January 17, 1995, Planning Commission meeting.

5 Ayes - 0 Nays, Motion Carried.

Report on Council Action

Williams reported on three actions considered by the Planning Commission. The City Council approved the Bennco proposal, the New Brighton Care Center development was not considered because plans are still pending, and the City Council disapproved the Tom Thumb proposal twice. The Council denied the proposal because of neighborhood opposition, traffic and noise concerns, and because a variance cannot be granted based on economic considerations. Previous Councils have denied similar proposals for gas pumps at that site in 1983 and 1985.

A workshop was held by the Council to review modifications to the streetscape plan. The landscape firm will develop plans for the downtown area reflecting the cost reductions they presented at the workshop.

Agenda Review

The agenda was adopted as written.

Public Hearings

7:30–8:45 p.m.	LP-300/SP-186	Kingdom Hall-Jehovah's Witnesses

Mattila reviewed the case report concerning an application for site plan review and a special use permit to construct a church in a B-3 district. Mattila showed slides of the site.

Jensen asked Mattila about other inquiries about Lot 1. Mattila responded a developer expressed interest in constructing an office building for an accountant on that lot, but has not called back.

Ron Ostenberg, a representative of the Northeast Congregation of Jehovah's Witnesses, was present. Ostenberg said the church would have detailed plans drawn after their proposal is approved.

Zisla asked about the change in elevation would be modified along Silver Lake Road. Ostenberg responded the grading plan shows a gradual slope from the building. Two berms would be built to screen the building from traffic.

Zisla asked about the orientation of the building. Ostenberg replied the carport would be toward the road. Although vertical siding is shown on the plan, the final plan could reflect the wishes of the Planning Commission.

Livingston asked about the lack of windows. Ostenberg replied that is the stage end of the building, and windows could be included. Ostenberg said the project would be the same floor plan and similar in appearance as a church in Coon Rapids near the Highway I-610 bridge on East River Road.

Livingston asked if there would be a cross on the building. Ostenberg responded the Witnesses do not use crosses or steeples in their church buildings, but a sign would be built. The sign is shown on the landscape plan.

Zisla said the drawing was so severe; the blank wall turned toward the community seems very austere. Ostenberg said the appearance from the road was a concern for the church and pointed out the view from each approach.

Baker asked if anyone in the audience wished to speak at this public hearing.

The owner of the property across Silver Lake Road from the proposed site asked to look at the proposed plan.

Blomquist asked about the size of the proposed site and if the median turnout would remain after reconstruction of Silver Lake Road. Blomquist pointed out that, if the Planning Commission approved this proposal, land use of surrounding property could be limited.

Blomquist said the property would not generate any tax income for the City or school district if the church proposal is approved.

Zisla asked if this were the same site the Lyndale Garden Center had considered. Mattila responded the garden center looked at both sites. Zisla recalled the garden center withdrew their interest when they learned the median would not be removed.

Mattila commented other developers had expressed interest in the site, but have not pursued a proposal after learning of the median, which prohibits a left-turn into the property.

Blomquist asked how far the restriction on the building of a restaurant would extend from the proposed building. For instance, would this proposal prohibit Wong's restaurant from obtaining a liquor license?

Mattila did not know if Wong's would be far enough away from the proposed church to have a liquor license.

Ostenberg said the prospective buyer of the other lot is proposing a salon on his site, with a parking lot on the front of the property. Ostenberg said the church's building would be in the front of the property with the parking at the back where it is not visible. The seller of the property wants to sell both lots at the same time. The sale of both lots, (closing dates, etc.), would be coordinated.

Motion by Baker, seconded by Livingston, to close the public hearing.

5 Ayes, 0 Nays. Motion Carried.

Zisla said more consideration should be given to the uses restricted by the construction of a church on the site. Jensen asked if a restaurant could be constructed on the other site. Mattila responded that he could not tell by the plan submitted, but he thought a restaurant with a liquor license would be too close to the proposed church. Jensen said that he was reluctant to vote for approval because of the existing restaurant in the area (Wong's).

Zisla asked if the owners of Wong's received notice of this hearing. Mattila responded all persons within 350 feet were notified and it was published in the New Brighton Bulletin.

The Commission studied the plan, but could not determine if the church would preclude Wong's from getting a liquor license.

Livingston expressed concern about the drainage easement.

Locke suggested the Planning Commission continue this item if they would like Staff to research any use restrictions imposed by the proposed church.

Blomquist said he would prefer that.

Ostenberg asked what options the church would have if a liquor license would be requested in the area. Mattila answered only the City Council has the power to waive the distance restriction.

Zisla wondered if the Planning Commission should deny the request based on what Wong's might or might not wish to do.

Blomquist said a future owner of the restaurant should be considered. This is an important decision influencing the future of the whole area.

Baker asked if a condition of the special use permit could provide for a possible liquor license at the existing restaurant.

Mattila said only the City Attorney could decide that issue.

Blomquist said he felt the Planning Commission did not have enough information to make a recommendation and the item should be continued.

Motion by Blomquist, seconded by Jensen, to reconsider the vote on the motion to close the public hearing.

5 Ayes - 0 Nays. Motion Carried.

Baker called for a vote to close the public hearing. 0 Ayes - 5 Nays. Baker announced the public hearing was still in session.

Motion by Livingston, seconded by Blomquist to continue the public hearing to March 1995. The Planning Commission directed Staff to review the application as to the distance requirement from a church to a restaurant/liquor license, especially considering Item No. 11, under the proposed resolution, "The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood."

Zisla asked the applicant what their views were on the continuance.

Ostenberg said the church's offer on the property is closing March 16, contingent upon City approval. Ostenberg said the sale of their present building is contingent on the purchase of this property, but if this is the only way the proposal can go forward, the church would have to go along with it. Ostenberg asked if this could be determined before the next City Council meeting so the City Council could consider their request.

Another representative of the church asked if the ordinance was written to protect schools and churches from businesses that may be selling liquor. The restriction should be more on a new business moving into the area that has a bar as opposed to an existing business. The protected party should be the school or the church.

Williams said the situation was the same at Rice Creek Center. Blomquist said care must be taken before a problem is created.

A church representative remarked a restaurant with limited access to Silver Lake Road like Wong's would be unlikely to request a liquor license.

Locke commented the special use permit required a public hearing because it is a special case. Each case is different. The 400-foot issue affects all of the property directly to the south of the proposed site. It becomes a policy decision for the City whether or not to allow a church in a B-3 zone. If the Planning Commission needs more time, taking it is appropriate.

Baker asked for a vote on the motion to continue the public hearing.

An amendment to the motion was proposed by Jensen, seconded by Livingston, to require the applicant reconsider the window treatment on the Silver Lake Road side of the building.

5 Ayes - 0 Nays. Amendment added to original motion.

Baker called for a vote on the amended motion.

5 Ayes - 0 Nays. Motion Carried.

General Business

Housing Study Work Program

Mattila reviewed the staff recommendation for implementing the Housing Study Work Program and asked for the Planning Commission's recommendation.

Baker asked for clarification of the Housing Study membership. Mattila said the City Council recommended that the Housing Committee be a subcommittee of the Planning Commission. The Council feels the Planning Commission has the needed expertise to deal with housing issues. The Housing Committee issues could be part of the regular Planning Commission agenda or considered during a separate meeting.

Baker said he preferred to include Housing Study issues on the Planning Commission agenda, when the agenda is a light one.

The Commission discussed whether the Housing Committee subcommittee should be supplemented by members drawn from the past Housing Task Force. Councilmember Williams said if the Planning Commission wants to add members, they should recommend it to the City Council.

The Commission also discussed possible conflicts between the land use and housing components of the Planning Commission's function and decided there were none.

Locke said the Planning Commission's experience with dealing with zoning codes and related issues makes the Planning Commission a good choice for the functions of a housing committee.

The Commission discussed how it might add the housing function to its work.

Motion by Zisla, seconded by Jensen, to recommend the City Council adopt the Housing Study Work Program and to have the Housing Committee become part of the Planning Commission function, and the City Council appoint ex-officio members to assist the Housing Committee.

5 Ayes - 0 Nays. Motion Carried.

Announcements and Updates

Lot on 27th Avenue NW/Mississippi Street

Mattila said Tom Brama was considering buying a two-family lot on 27th and Mississippi. Two lots located there were granted a 10-foot street sideyard setback variance. A structure would be allowed within 15 feet, provided there is no driveway access to 27th. Brama wants to build a house that would have a 15-foot setback, with the garage setback 25 feet. Mattila said he told Brama he would present his idea to the Planning Commission to see if his plan complies with the intent of the setback variance.

After a brief discussion, the Commission decided Brama's plan would comply with the intent of the variance.

Adjournment

Motion by Livingston, seconded by Zisla, to Adjourn the Meeting.

5 Ayes - 0 Nays, Motion Carried.

The meeting was adjourned at 9:10 p.m.

______________________

Erny Mattila, City Planner