Minutes

New Brighton Planning Commission

Regular Meeting - June 20, 2000

7:30 p.m.

Call to Order

Larry Baker, Chair, called the meeting to order at 7:30 p.m.

Roll Call

Present:	Mike Livingston, Jim O'Brien, Norm Schiferl, David Schmitz, Jeff Schopf, Paul Zisla

Absent:	Larry Baker

Also Present:	Cary Teague, City Planner

Char Samuelson, City Council Liaison

Approval of Minutes

Motion by O'Brien, seconded by Schiferl, to approve the minutes of the MAY 16, 2000, Planning Commission meeting. 6 Ayes - 0 Nays. Motion Carried.

Report on Council Actions

Samuelson explained the following Council actions:

•	Adoption of Moratorium on High Density Residential Housing

•	Approval of special use permit for a 60 ft. monopole at 2400 Mississippi St.

•	Review of Phase I of Silver Lake Road Reconstruction

•	Approval of replacement well at Brightwood Hills Golf Course

Agenda Review

The agenda was adopted as written.

Public Hearings

Teague presented a site plan, special use permit, and non-conforming use permit to remodel the South China Inn Restaurant, 2350 Palmer Dr., into a convenience store, gas station, and car wash. The gas station would be open 24 hours and the car wash would operate 6:00 a.m.-11:00 p.m. The proposal meets building setbacks, parking, and canopy code requirements. However, because the green space front yard setback for the parking area and drive aisles do not meet the 30 ft. setback. The applicant feels the pump island is too narrow for additional green space, but there is room to the east to expand the green area.

The City Code states no more than two curb cuts per lot, but the proposal lists three curb cut entrances. Staff suggests elimination of one, and realignment of the other two with entrances across the street. Because noise from the car wash may impact the residential area to the north, the doors will remain closed until cycle is completed. The applicant will submit a lighting plan showing illumination does not exceed .4 foot candles at ground level. The Minnesota Pollution Control Agency (MPCA) does not require additional licensing, but tank installation will need to meet MPCA requirements.

The proposed use is allowed by special use permit, and the zoning ordinance requires a 25 ft. buffer area for landscaping/screening between residential and commercial uses. Staff feels if the 25 ft. buffer is maintained, the proposal meets the criteria. The proposed use would increase daily vehicles trips by 600 over the previous use. Staff recommends approval subject to conditions.

Bob Smith, applicant, has operated the Amoco at 1201 Silver Lk. Rd. for 12 years, and proposes to upgrade the station and construct a small grocery store/car wash at the new site. The plan would reduce noise and disturbances to adjacent residential areas and address any issues from the townhome association.

Schiferl asked what are the future plans for the Amoco station. Smith is in negotiation with Amoco to purchase the property, and intends to remove the gas pumps and use the building for vehicle repair. He does not intend to run two operations continuously, but that may occur until the Amoco sale is complete.

Zisla asked the size of the convenience store. Smith said the square footage would be about 4,500 sq. ft.

Zisla asked if a marketing study of the Brighton Village Shopping Center has been completed. Teague said the center's owners are researching alternatives and has not heard of the study's completion date.

Schiferl noted concern of noise generated from the car wash, and asked if the hours of operation are consistent with Code. Teague said a special use permit allows the City to impose conditions appropriate to use. The hours of the Tank and Tummy car wash on Co. Rd. E-2 are 7:00 a.m. to 11:00 p.m. Smith stated compliance with the conditions except for curb cut reduction which is needed to access gas pumps.

Gary Lobash, Brighton Square Townhomes, presented a petition signed by 47 homeowners in opposition, and believes gas fumes, noise, and traffic will greatly impact the livability of the townhome complex.

Barbara Jones, 1245 Brighton Sq., said the decks facing the car wash would be unusable during operation.

Lucia Pozzi, 1214 Robin Ln., is grateful to know the future usage of the site, and agrees a small grocery store is needed, however, has apprehensions regarding the car wash.

Joe Kenney, 1211 Brighton Sq., encourages research into the impacts associated with this proposal, but does see benefit in locating a grocery/convenience store at the site.

Robert Malmquist, 1287 Brighton Sq., noted concern of noise pollution, and asked what would happen if Amoco refuses to sell the station to Smith. Smith does not know when the sale will be finalized.

Maryann Matusovic, 1249 Brighton Sq., asked if the fencing will remain at its current location. Smith confirmed that the fencing will remain, and intents to begin construction January 2001.

A resident asked how the Silver Lk. Rd. reconstruction would affect this project. Teague confirmed that the reconstruction involves right-of-way acquisition from the west side of Silver Lk. Rd.

John Kosmos, KK Design, explained that the building's design will reduce noise and disruption to the townhomes, but strongly recommends the two curb cuts for pump island access.

Zisla believes questions raised by the residents should have been addressed previously by Smith before presentation to the Planning Commission. Zisla is greatly concerned of traffic flow within the shopping center. Smith acknowledged the plans were not complete until June 2. Teague has not received comments from developments to the south, but staff has concern of on-site traffic circulation and additional curb cuts.

There were no other comments from the audience.

Motion by Schiferl, seconded by Zisla, to CLOSE THE PUBLIC HEARING.

6 Ayes - 0 Nays, Motion Carried.

Hearing was closed.

Zisla said the proposed configuration does not fit well, and it is unfortunate Smith does not have ownership of both parcels. Operating two gas stations is not ideal and approval is difficult with unresolved issues. Even though this proposal fills the need for a grocery store, it does not address the future of the Lunds site.

Schiferl noted the increased outdoor activity at the site and is inclined to deny the proposal.

Schmitz agrees there are many unknowns, and has concern of the increased number of gas pumps.

O'Brien has issue with two gas stations, and suggested deferral until Smith speaks to residents and determines the Amoco purchase date. Samuelson noted that Council could review the proposal and request deferral to allow for future investigation.

O'Brien asked the specifics of a gasoline fume study. Teague said the MPCA would conduct a review if a site has more than 17 pumps. Zisla said the site could contain over 20 pumps if parcels were combined. Zisla said this is a critical intersection, and it is helpful to know the future usage of the site.

Zisla questioned if it is fair to let an applicant wait until the shopping center usage is identified. Zisla feels a denial relates to orderly development, use compatibility and traffic flow. Another design or plan could have potential for approval.

The following changes were made to the resolution of denial:

•	Inclusion of revised site plan submitted for review on June 2, 2000.

•	Deletion of Item 4 (referring to vehicle trip traffic)

•	Deletion of Item 5 (canopy and lighting)

•	Deletion of Item 6 (fumes)

•	Revised language to Item 7

•	Deletion of Item 9 (property values)

•	Deletion of Item 10, paragraph E

•	Deletion of Goal C

Motion by Schopf, seconded by O'Brien, to WAIVE THE READING AND ADOPT THE RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDATION OF DENIAL OF SP00-8.

5 Ayes - 1 (Zisla) Nay, Motion Carried.

Livingston requested Teague to research MPCA regulations regarding the number of gas pumps.

Teague presented a special use permit for Industrial Equities, 575 Old Hwy 8, to construct a 8 ft. high fence in the street yard off Campus Dr. The Code limits front yard fencing to 3.5 ft. height and 75% of air must pass through fencing. In this case, the property fronts both Old Hwy 8 and Campus Dr., and requires a special use permit. The fencing would provide security for the vehicle storage area and provide screening to adjacent properties. The 8 ft. high fence would be located on the north and east side, and a chain link fence will serve as a gate into the site. Staff recommends approval of the special use permit.

Vicki Chenoweth, 565 Old Hwy 8, noted many issues regarding fencing, vandalism, and light pollution associated with the neighboring industrial property. Chenoweth claims Industrial Equities destroyed their fencing on the north and south side of the property.

Allen stated that the Chenoweth fence was in a state of dilapidation before construction of any Industrial Equities building. He is not interested in constructing a fence which does not provide benefit to Industrial Equities property, and feels this fence will be attractive and address Chenoweth's concerns on the north side.

Chenoweth does not have issue with the proposed fence, but feels her fence was damaged by the grading performed by Industrial Equities. Teague believes Chenoweth's issue is separate from the special use permit being addressed tonight.

Larry Justin, 1225 Imperial Ln., supports the data presented by Chenoweth, and feels Allen should replace the fencing.

There were no other comments from the audience.

Motion by, seconded by, to CLOSE THE PUBLIC HEARING.

6 Ayes - 0 Nays, Motion Carried.

Motion by Schiferl, seconded by O'Brien, to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF SP00-9 SUBJECT TO THE FOLLOWING CONDITION:

1.	THE APPLICANT SHALL CONSTRUCT THE FENCE AS PROPOSED ON THE SITE PLAN DATED JUNE 1, 2000.

6 Ayes - 0 Nays, Motion Carried.

Teague presented an application for Phase II of a Planned Unit Development (PUD) to develop the property north of Co. Rd. E-2 Ext. and west of 5th Ave. NW. Main Street Village will include a mixture of uses including commercial, office and residential with construction in 3 or 4 phases. Phase II includes construction of a 12,000 sq. ft. office building located south of 6th Ave., and 59 off-street parking stalls. Staff recommends approval subject to the conditions outlined.

Because this development will bring additional traffic to adjacent streets, SEH performed a traffic study to determine impacts. John Hagen, SEH, explained that approach counts were conducted at each intersection, and research was performed to determine trip generation rates associated with future redevelopment. SEH found the project met two traffic signal warrants at the Co. Rd. E-2/5th Ave. intersection and three traffic signal warrants at the Old Hwy 8/5th Ave. intersection. Furthermore, a signal at Old Hwy 8/5th Ave. would require realignment of existing road approaches. Because these are Ramsey County roads, County approval is required for the signalization.

O'Brien asked who would fund installation of the traffic signals. Hagen said typically funding is based on the number of approaches to an intersection, but the County may deem some intersections lower priority than others. These are four hour warrants which may be perceived as lower priority.

Gary Vogel, architect for applicant, showed a colored rendering of the project.

There were no comments from the audience.

Motion by, seconded by, to CLOSE THE PUBLIC HEARING.

6 Ayes - 0 Nays, Motion Carried.

Motion by Schiferl, seconded by Schmitz, to Motion to waive the reading and adopt the attached resolution recommending approval of PUD00-1 (Phase 2) and LP00-7, subject to the following conditions:

1.	ALLOWANCE FOR FLEXIBILITY IN THE PERIMETER SETBACK REQUIREMENT FOR PUD'S, THE BUILDING SETBACKS MAY BE DECREASED TO 8 FEET AS PROPOSED, SUBJECT TO CONSTRUCTION OF PROPOSED STREET SCAPE PLAN DATED 4-14-00.

2.	PERIMETER CURBING SHALL BE INSTALLED AROUND OFF-STREET PARKING AREA.

3.	ALL OFF-STREET PARKING AND DRIVE AREAS BE PAVED WITH BITUMINOUS SURFACE.

4.	OFF-STREET PARKING STALLS MUST BE STRIPED WITH WHITE OR YELLOW PAINTED LINES, NOT LESS THAN FOUR (4) INCHES WIDE.

5.	THE LANDSCAPING AND STREET SCAPE PLANS SHALL BE INSTALLED PER THE SUBMITTED PLANS DATED 4-14-00.

6.	TRAIL CONNECTIONS SHALL BE MADE BETWEEN THE DIFFERENT USES ON THE SITE, INCLUDING THE PAVING OF PEDESTRIAN WALKWAYS ACROSS THE INTERNAL STREET AND DRIVEWAYS.

7.	PROVISION OF A BOND OR LETTER OF CREDIT IN THE AMOUNT EQUAL TO 100% OF THE COST TO INSTALL LANDSCAPING, CURBING AND PAVING TO ENSURE THAT THESE ITEMS ARE INSTALLED PER THE APPROVED PLANS.

8.	SECURITY LIGHTING IN THE PARKING LOTS MUST BE INSTALLED SO NO DIRECT LIGHT IS DETECTABLE FROM ANY LOT LINE ON THE SITE. APPLICANT SHALL SUBMIT AN OVERALL LIGHTING PLAN FOR THE SIGHT, WHICH SHALL BE SUBJECT TO REVIEW AND APPROVAL OF POLICE DEPARTMENT AND CITY STAFF.

9.	ALL STREETS AND PARKING AREAS WITHIN THE DEVELOPMENT WILL BE PRIVATE AND MAINTAINED BY THE OWNER. COUNTY ROAD E2 EXTENSION WILL BE MAINTAINED BY THE CITY FROM 5TH AVENUE NW TO THE WEST AT THE END OF THE CUL-DE-SAC.

10.	A 20-FOOT WIDE UTILITY EASEMENT, CENTERED ON THE WATER MAIN, MUST BE PLACED OVER THE EXISTING WATER MAIN WITHIN 6TH STREET EXTENSION. ALL UTILITIES SHALL BE PROTECTED BY THE APPROPRIATE EASEMENTS AT THE TIME THIS DEVELOPMENT IS PLATTED.

11.	WATER MAIN WITHIN DEVELOPMENT SHOULD BE LOOPED TO MAINTAIN GOOD WATER QUALITY AND ADEQUATE WATER FOR FIRE PROTECTION.

12.	FIRE HYDRANTS MUST BE PLACED NEAR THE MIDPOINT OF COUNTY ROAD E2 EXTENSION (NORTH SIDE OF THE ROAD) AND NEAR THE MIDPOINT OF 6TH STREET EXTENSION (SOUTH SIDE OF THE STREET). ADDITIONALLY WATER CONNECTIONS TO THE BUILDINGS MUST BE ACCESSIBLE.

13.	SUBMITTAL OF AN OVERALL SIGNAGE PLAN SUBJECT TO REVIEW AND APPROVAL OF PLANNING COMMISSION AND COUNCIL, THROUGH A SPECIAL USE PERMIT.

14.	APPLICANT REQUIRED TO WORK WITH THE CITY AND THE COUNTY IN REGARD TO ANY NECESSARY TRAFFIC SIGNALIZATION ON ADJACENT ROADWAYS.

6 Ayes - 0 Nays, Motion Carried.

Livingston feels signalization is critical, and asked if the developer could fund the costs. Teague will explore the funding issue with the applicant and the County.

Len Pratt, applicant, said the Old Hwy 8/5th Ave. signal would be warranted without this project, and funding alternatives should be researched. Other area businesses contribute to the increased traffic.

Teague presented a request by Meritide, Inc. for a 15 ft. side yard setback variance to construct a 15 x 75 ft. deck on the west side of the Brighton East Office Center, 708 Cleveland Ave. The deck is required to be setback 30 ft. from the side lot line due to the adjacent property being zoned residential. The deck would be equipped with seating area, gas grill, and golf driving range. Meritide feels the hardship is the employment market for software professionals is tight and they need to distinguish themselves from the competition by offering the deck. Staff feels the hardship is not satisfied, and Meritide was aware of the setbacks before moving into the building. Also, no residential development would occur on the adjacent property due to its extreme width.

Dick Peterson, Meritide, said the request is in conformance with the Comprehensive Plan in that the use would be allowed in a B-2 District, and believes the unique circumstance is met.

There were no other comments from the audience.

Motion by Schmitz, seconded by Zisla, to CLOSE THE PUBLIC HEARING.

6 Ayes - 0 Nays, Motion Carried.

Motion by Schiferl, to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDING DENIAL OF VN00-4.

Motion died due lack of a second.

Livingston agrees that approval would set precedence, but feels the small strip of residentially zoned land should not be the reason for denying the application.

Zisla believes that legally this application is a reasonable way to utilize the property.

Motion by, seconded by, to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDATION APPROVAL OF VN00-4.

5 Ayes - 1 Nay (Schiferl), Motion Carried.

Teague presented a preliminary plat for development of four single family residential lots that would gain access off 10th Ave. NW. The proposal meets all minimum code requirements for lot size, width and street access. Staff does have concern over the lack of detail of proposed plans and would require detailed utility, grading and drainage plans, and final plan showing legal descriptions of each lot and easements.

O'Brien verified that the lots exceed the width requirement.

Bruce Nedegaard, applicant, noted that the engineering plans will be submitted in the very near future.

Livingston asked the selling price of the homes. Nedegaard said the homes would be priced between $175,000-$225,000.

Robert Dorner, 981 2nd St., was assured by the Planning Commission during the public hearing for construction of the nearby church that there were no plans for residential development of this parcel. Since construction of the church, his home has been flooded several times, and he does not believe there is room to construct four homes on this parcel.

Hilton Magnuson, 1040 2nd St., agreed with Dorner's statement that the parcel would never be developed, and asked what will happen to the sanitary sewer running through the parcel. Teague said the development would not disturb the sewer line.

Tony Gesler, 1001 2nd St., asked if these homes will meet the required setback from the creek and who will pay the street assessment. Nedegaard said there will be no utility costs assessed to the adjacent neighbors.

Tanya Gesler, 1001 2nd St., has great concern that this land is incapable of accommodating four homes.

There were no other comments from the audience.

Motion by Schmitz, seconded by Schiferl, to CLOSE THE PUBLIC HEARING.

6 Ayes - 0 Nays, Motion Carried.

Nedegaard said the two homes facing the creek would be walkout ramblers, and the other two homes would be split entry homes. Livingston preferred more assurance that correct grading will be performed. Teague said Nedegaard will submit a grading plan which will be review by the City Engineer to ensure the proposal would not negatively impact adjacent properties. Also, Rice Creek Watershed District permit is required. Teague added that the final plat approval will address drainage and grading concerns.

Motion by O'Brien, seconded by Zisla, to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF A PRELIMINARY PLAT OF PL00-4, SUBJECT TO THE FOLLOWING CONDITIONS:

1.	SUBMITTAL OF A GRADING AND DRAINAGE PLAN SUBJECT TO REVIEW AND APPROVAL OF THE CITY ENGINEER.

2.	SUBMITTAL OF A UTILITY PLAN SUBJECT TO REVIEW AND APPROVAL OF THE CITY ENGINEER.

3.	FINAL PLAT SHALL CONTAIN LEGAL DESCRIPTIONS (LOT & BLOCK) FOR EACH PROPOSED NEW LOT, ALL REQUIRED EASEMENTS AND NAME OF SUBDIVISION.

4.	ALL HOMES WITHIN THE SUBDIVISION MEET THE CITY'S MINIMUM SETBACK REQUIREMENTS FOR R-1, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.

5.	EACH NEW HOME PROPOSED FOR CONSTRUCTED WITHIN THE SUBDIVISION MUST SUBMIT A GRADING PLAN WITH THEIR APPLICATION FOR A BUILDING PERMIT. SAID GRADING PLANS MUST BE CONSISTENT WITH THE OVERALL GRADING PLAN APPROVED AS PART OF THE FINAL PLAT.

6.	APPROVAL OF A PERMIT BY THE RICE CREEK WATERSHED DISTRICT (RCWD).

6 Ayes - 0 Nays, Motion Carried.

General Business

Teague presented a site plan review by Dalco Enterprises to construct a 74,770 sq. ft. office/warehouse at 314 5th Ave. NW. The City Forester indicated the proposed boulevard trees are no longer needed due to recent plantings by the City. The proposed Honey locust trees will be replaced with Green Ash or Linden.

Chuck Stark, Dalco, confirmed they will work with the City Forester regarding any landscape improvements.

Motion by Schiferl, seconded by Schmitz, to RECOMMEND APPROVAL OF LP00-9 SUBJECT TO THE FOLLOWING CONDITIONS:

1.	LANDSCAPING/GREEN AREA BE PROVIDED AS SHOWN ON THE LANDSCAPE PLAN DATED 6-1-2000 WITH THE EXCEPTION OF THE FOLLOWING: BOULEVARD TREES BE ELIMINATED INCLUDING THOSE PROPOSED ADJACENT TO THE CAR ENTRANCE; THE HONEY LOCUST TREES BE REPLACED WITH GREEN ASH OR LINDEN TREES.

2.	ADDITIONAL SIXTEEN (16) PARKING STALLS MUST BE PROVIDED IN REAR YARD TO COMPLY WITH CITY'S MINIMUM PARKING STALL REGULATIONS.

3.	SIX (6) PARKING STALLS SHALL BE DESIGNATED AS "HANDICAP" PARKING. SAID STALLS MUST BE AS CLOSE TO THE ENTRANCES AS POSSIBLE.

4.	ANY SIGNAGE SHALL BE REQUIRED TO MEET THE PROVISIONS OF THE SIGN ORDINANCE SECTIONS 9-010 THROUGH 9-180.

6 Ayes - 0 Nays, Motion Carried.

Teague handout out design guidelines for Multiple Family Dwellings relating to the recently adopted Moratorium.

Announcements and Updates - None

Adjourn

The meeting was adjourned at 10:51 p.m.

_______________________________________

Cary Teague, City Planner