New Brighton Planning Commission

Regular Meeting

March 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, Virginia Sande, Paul Zisla (late)

Absent:	Joann Knuth

Also Present:	Kevin Locke, Director of Community Development

Erny Mattila, City Planner

Roger Williams, Council Liaison

Approval of Minutes - Motion by Sande, seconded by Jensen, to approve the minutes of the February 21, 1995, Planning Commission meeting. 5 Ayes - 0 Nays. Motion Carried.

Report of Council Action - Williams said the last two Council meetings were very short and there were no Planning Commission items considered.

Agenda Review - The agenda was adopted as written.

Public Hearings

7:30–8:15 p.m.	LP-300/SP-186	Kingdom Hall of Jehovah's Witnesses

Mattila outlined 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 said Staff contacted the City Attorney's office about the liquor license issues brought up at the last Planning Commission meeting. James Thompson of Holmes and Graven, the city's attorneys, would clarify questions posed by the Planning Commission at their last meeting, about liquor licenses in the area. The City Attorney sent a written opinion about the alcoholic beverages code. The beverage code is not a part of the Zoning Ordinance, but part of the City Code. Mattila said the opinion was attached to the Staff Report. The opinion says the intent of the ordinance is to protect churches and schools from liquor establishments that may be proposed to be located in the area of churches or schools. The City Attorney also commented on the proposed special use permit. He is recommending that, if the Planning Commission would not be in favor of the proposed application, he would recommend that the City Council put into effect a moratorium on churches and schools developing in commercial districts, giving Staff time to amend the ordinance to remove churches and schools as special uses from commercial districts. Churches and schools could then only be placed in residential areas.

Mattila showed slides of the site. Ron Ostenberg of the Jehovah's Witnesses showed slides of similar Kingdom Halls in the area. Ostenberg said the proposed Kingdom Hall would be similar to the one in Maple Grove.

Jim Thompson asked if the Planning Commission needed more information on the City Attorney's opinion on the alcoholic beverage issue. Thompson reiterated the purpose of the liquor restrictions is to protect churches and schools from liquor uses, not vice versus. The potential that something might come in cannot be considered under the liquor code. That would not be a land use issue.

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

Blake Dahl, 188 - 17th Avenue SW, asked if the liquor license requirements outlined by Mr. Thompson, would be a problem for the Jehovah's Witnesses building a Kingdom Hall. Dahl said he really did not understand Mr. Thompson's explanation.

Baker said the Planning Commission was concerned at its March meeting that, by granting the special use permit to a church, it would eliminate the possibility of the Wong's restaurant from having a liquor license in the future. Baker explained Mr. Thompson said the issue would come under the liquor portion of the City Code, not under the land use provisions. The Planning Commission deals with land use, not other portions of the City Code.

Ed Mishog, 5032 Madison Avenue NE, Columbia Heights, presented the redesigned plans. Mishog said it would be similar to the Maple Grove plan. Mishog said there could be some changes, but the plan would be pretty much as submitted.

Baker said he was satisfied with the new plan.

Robert Unger, 2731 Polk Street NE, a church member, said he had worked on many Kingdom Halls over the years and they put up a very nice building. The final project always enhances the community.

Blake Dahl said the front elevation could be improved for access.

Mishog said the Kingdom Hall would serve Northeast Minneapolis, St. Anthony, Columbia Heights, Fridley and New Brighton. The Columbia Heights congregation presently meets with New Brighton at a small Hall on Old Highway 8 and Highway 96. A new Hall with good parking is much needed.

Zisla asked Staff how many extra parking spaces would the proposed church have. Mattila said the plan exceeds the number of parking spaces by 7 spaces (80 proposed, 73 stalls required).

Members of the congregation described the difficulties in finding a two-acre lot in the area. Unger said there would be two congregations located in New Brighton.

Sande asked about the construction schedule. Unger responded September would be the completion date. Site work would begin immediately.

Sande asked if the landscaping would be complete before the winter of '95 season. Unger said the landscaping would be in by then, unless the Silver Lake Road reconstruction interferes. Unger explained that the Jehovah's Witnesses congregations do the site work, slab, and underground work within about three months and the building itself is built in one weekend (usually a three-day weekend). Everything is completed on that weekend, building, painting, plants, and sod.

Motion by Baker, seconded by Sande to close the public hearing.5 Ayes - 0 Nays. Motion Carried.

Zisla said he did not feel the proposal triggers a need to enter into a moratorium to study the Zoning Code. The church seems to be an appropriate use under the special use permit standards. Zisla said he felt it is not necessary to exclude churches and other public uses from commercial zones.

Baker agreed with Zisla. Baker said he would vote in favor of the church's proposal.

Motion by Sande, seconded by Jensen to recommend approval of LP-300, subject to conditions and adopt the resolution recommending approval of SP-186.

5 Ayes - O Nays. Motion Carried.

General Business

LP-301	U.S. West

Mattila reviewed the case report concerning an application for site plan review to construct a cellular phone equipment building in an I-1 district and showed slides of the site.

A representative of US West, ____________, was present.

Jensen asked the purpose of the building.

* responded the building is needed to increase the capacity of the system and to better serve customers. * showed a slide of an antenna in Minnetonka that will be similar to the New Brighton antenna. All of the cable is connected inside the base of the water tower and will not be noticeable.

Motion by Baker, seconded by Livingston to recommend approval of LP-301.

5 Ayes - O Nays. Motion Carried.

Announcements and Updates

Concept Plan - Super America —Mattila showed the proposed SuperAmerica site plan to the Planning Commission. They want to remove the existing building and relocate the new building on the site. There are two issues the Planning Commission should be aware of. SuperAmerica will need 16 parking stalls. The location of 3 of these stalls seem to be about 10 feet away from the pump island traffic, reducing the aisle space. Also, the code requires any parking or maneuvering areas should be 30 feet from street right- of-ways. It appears the part of the proposed plan goes to about ten feet of the right-of-ways in one area.

The problem is that the site is small. SuperAmerica contacted the Dairy Queen owners, but they have not been able to negotiate anything with them, due to the Dairy Queen's circumstances. SuperAmerica is willing to buy the DQ site and relocate them. Mattila said he advised Sam VanTassel of SuperAmerica he would ask the Planning Commission for ideas to solve the site problems.

After a brief discussion, the Commission suggested the SuperAmerica, Dairy Queen, and the small office building sites be reconfigured. The SuperAmerica project could be the trigger to solve several problems with all these sites.

Mattila said the proposed building would be similar to a SuperAmerica building in Vadnais Heights. The building is faced in brick and glass and the gas pump island columns are brick. Mattila says he made slides of the Vadnais Heights site. SuperAmerica trimmed their building to match an adjoining office building instead of using their standard color scheme.

Arden Hills Nursery (temporary greenhouse for Erickson's New Market parking lot) — Mattila said Arden Hills Nursery approached New Market to put a plastic nursery bubble. These greenhouses usually stay up for about 6 weeks. The City's policy has been to discourage retail "back of a truck" operations. The nursery proposes to do plant sales on a temporary basis.

Livingston asked how many parking spaces would be lost. Mattila responded approximately 14 spaces.

Jensen remarked there is always plenty of parking available at New Market.

Mattila pointed out the proposed location on the site. The Commission said they would have no problem with the proposal.

Tom Thumb - Silver Lake Road site plan — Mattila reported Tom Thumb has submitted two proposals for the Silver Lake Road store. The first proposal was to replace the present building with a 7,000 square foot building with gas pumps. Some of the businesses in the complex would be taken over by the expansion of the Tom Thumb. Mattila said that proposal was ruled out because the parking would be in the setback area, some parking would only be 10 feet from the right-of-way.

Tom Thumb's second proposal takes the whole site, but the parking is 30 feet from the right-of-way. There would be an addition to the existing building. The existing codes would apply under the Type IV nonconforming use standards. A new building would necessitate use of the new building codes. The store would be expanded and the roof would be reconstructed. This plan would entail major reconstruction work.

Williams asked, at what point in a planning and zoning discussion, do you entertain the question of what does the community need as opposed to what landowners want to do with their property. Williams pointed out Tom Thumb has major competition in the area now. There may possibly be a major super market in the area in the future.

Mattila said the choice in this specific case might be between the existing building and a new, better looking building.

Jensen agreed with Williams and said he felt there are already enough gas pumps in the area.

Williams reminded the Commission the upgraded building depends on Tom Thumb's ability to add gas pumps.

The Commission felt there is an opportunity to improve the Tom Thumb building and landscaping, but the issue of gas pumps must be carefully considered.

Adjournment

Motion by Baker, seconded by Sande, to Adjourn the Meeting.

5 Ayes - 0 Nays, Motion Carried.

The meeting was adjourned at 9:00 p.m.