Minutes

New Brighton Planning Commission

Regular Meeting - July 18, 2000

7:30 p.m.

Call to Order

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

Roll Call

Present:	Larry Baker, Mike Livingston,

Norm Schiferl, David Schmitz, Jeff Schopf, Paul Zisla

Absent:	Jim O'Brien,

Also Present:	Cary Teague, City Planner

Char Samuelson, City Council Liaison

Teague introduced recently hired Assistant Community Development Director, David Black.

Approval of Minutes

Motion by Schiferl, seconded by Livingston, to approve the June 20, 2000, minutes of the Planning Commission meeting. 6 Ayes - 0 Nays. Motion Carried.

Report on Council Actions

Samuelson said an issue was raised at the July 11th Council meeting regarding accessory buildings in Residential Districts. Several residents attended the meeting and noted concern of an accessory building being proposed in their neighborhood. It was determined the proposal did meet City Code requirements, and the neighbors and homeowner are discussing this issue in a Dispute Resolution forum.

Agenda Review

The agenda was adopted as written.

Public Hearings

Teague presented a final plat for development of the south end of 10th Ave. NW for creation of four single family lots. The proposal meets minimum code requirements for lot size, width, and street access. The City Engineer reviewed the utility plan and recommended sanitary sewer connections be revised to individual connections off the sewer line. Also, the water line should be located within the west half of the paved surface of 10th Ave. to avoid damage to trees and curbing. Teague said the applicant is confident the grading plan will not negatively impact surrounding properties. The proposal is subject to Rice Creek Watershed District (RCWD) approval.

Schiferl asked if silt fencing will adequately protect the creek during construction or would additional vegetative buffer strips be required for future runoff. Teague said the RCWD will review this issue.

James Sawyer, 1041 2nd St. NW, noted concerns involving increased traffic, inconsistent building setbacks with adjacent properties, impact to wildlife and trees, increased water problems, and inconsistent home values.

Bruce Nedegaard, applicant, noted confidence the grading plan would not create a drainage problem.

Sawyer said the adjacent homeowners do not support this development, and feel the City supports this proposal as a way to create tax revenue. Baker said the Planning Commission reviews proposals as they pertain to City Code, and a property owner has right to develop their property according to City Code. Baker added that the property owner (Church) had not intended to develop the property for church use.

No other public comment received.

Motion by Livingston, seconded by Schmitz, to CLOSE THE HEARING. 6 Ayes - 0 Nays, Motion Carried.

Baker requested one condition of approval be added, "Lot 3 would not be allowed curb cut on 1st St. NW."

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

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

2.	GRADING AND DRAINAGE PLAN SUBJECT TO REVIEW AND APPROVAL OF THE CITY ENGINEER.

3.	EACH NEW HOME PROPOSED FOR CONSTRUCTED WITHIN 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.

4.	UTILITY PLAN SHALL BE REVISED PER THE RECOMMENDATIONS OF THE CITY ENGINEER. THE SANITARY SEWER CONNECTIONS SHOULD BE REVISED FROM THE PROPOSED "RISERS" TO INDIVIDUAL CONNECTIONS OFF OF THE SEWER LINE. THE PROPOSED WATER MAIN WILL LIKELY HAVE TO BE LOCATED WITHIN THE WEST HALF OF 10TH AVENUE, AS THERE IS INADEQUATE ROOM IN THE BOULEVARD.

5.	APPROVAL OF A PERMIT BY THE RICE CREEK WATERSHED DISTRICT. NO BUILDING PERMITS SHALL BE ISSUED UNTIL APPROVAL HAS BEEN RECEIVED FROM RICE CREEK.

6.	PARK DEDICATION FEES ($750 PER LOT) SHALL BE DUE AT THE TIME OF BUILDING PERMIT APPLICATION.

7.	PRIOR TO THE GRADING OF THE SITE, SILT FENCING SHALL BE INSTALLED AND LEFT IN PLACE UNTIL BUILDINGS HAVE BEEN COMPLETED AND THE SITE SEEDED OR SODDED, TO PREVENT EROSION INTO THE ADJACENT CREEK AND TO ADJACENT PROPERTIES.

8.	LOT 3 WOULD NOT BE ALLOWED CURB CUT ON 1ST ST. NW.

6 Ayes - 0 Nays, Motion Carried.

Livingston said it is not unusual that homes in neighborhoods are of different real estates values, and actually it is beneficial to live near a higher value home because it then reflects positively on your property's value.

Teague presented a rezoning of Beach's Long Lake Service Station, 2251 Long Lake Road, from R-2, Two Family Residential to B-3, General Business. The request would bring the site into compliance with the Comprehensive Plan which calls for the future land use to be community business.

The following criteria shall be considered:

•	proposed action has been considered in relation to specific policies and provisions of and has been found to be consistent with the Comp Plan

•	proposed use is or will be compatible with present and future land uses of the area

•	proposed use will not tend to or actually depreciate the area

•	proposed use can be accommodated with existing public services and will not overburden the City's service capacity.

Previously, when this land use designation was discussed for revision in the Comp Plan from low density residential to community business, the Planning Commission did not agree with the Comp. Plan Task Force's recommendation to rezone this site. The Planning Commission felt that auto repair service and gas sales were inconsistent with surrounding single family land uses. Ultimately, the rezoning would allow the property owner to expand the site with a special use permit.

Schiferl asked if there is adequate screening at this site. Teague said the deciduous trees provide screening during summer months, but not in the winter.

Karen Anderson, 2318 Long Lk. Rd., noted concern of noise and nuisances generated from the site, and is fearful the business will be operated 24 hours, 7 days a week.

Mike Ryan, 2351 Brittany Ct., asked if the property owner could sell the site to a 24-hour operation if it were rezoned, and feels an expansion would create additional outside storage. Also, he suggested a paved pedestrian surface between the school and station.

Scott Grams, 2250 Brittany Ct., noted litter problems generated from the school and station, and would have issue with a 24-hour operation at this site. ? said if Beach wished to expand the business, he would make application to the Planning Commission and a public hearing will be held.

D.L. Beach, applicant, does not intend to sell the business and will continue its current operation, and added that tobacco sales and outside pop machines were recently removed to eliminate nuisances. He agreed that a paved walking path should be installed, and would continue to be a good neighbor by addressing late night noise issues. The future expansion would involve a 30 x 60 ft. building to the rear of the station which would provide storage and raising of the gas canopy for motor home access.

No other public comment received.

Motion by Schmitz, seconded by Livingston, to CLOSE THE HEARING. 6 Ayes - 0 Nays, Motion Carried.

Baker asked if restrictions could be applied to a rezoning such as limiting hours of operation and use. Teague does not feel restrictions could be applied to the rezoning, but the special use permit could have certain conditions applied. Baker asked if this site could require a special use permit for all future uses. Teague said several future uses may only require a site plan review, such as a restaurant, and tying hours of operation to the site would be difficult in that instance.

Baker supports the expansion, but recommends implementing a restrictive use or covenant on the property. Teague will explore the possibility of covenants applied to the property. Baker feels implementing covenants would allow for expansion, but also provide comfort to the adjacent property owners regarding the site's future use.

Motion by Zisla, seconded by Schopf, to RECOMMEND APPROVAL OF R00-1, REZONING THE SUBJECT PROPERTY FROM R-2, TWO FAMILY RESIDENTIAL TO B-3, GENERAL BUSINESS.

4 Ayes - 2 Nays, Motion Carried.

Teague presented a special use permit to construct a 6 ft. wood privacy fence in a front yard at 744 22nd Ave. NW. Access to the home is off a private driveway over a platted 30 ft. unimproved right-of-way (ROW) easement that extends to the west off 22nd Ave. Within a front or street yard, fences may not exceed 3.5 ft. in height and shall have a least 7% of vertical surface open. The fence would provide privacy and screening along the north of the driveway and located within the unimproved street ROW. The property owner to the north has a 5 ft. fence within the ROW, but no special use permit was required. If the ROW were vacated, 15 ft. would become the applicant's land and 15 ft. would be the northern landowners. The northern property owner does not object to the request.

The fencing would not cross the ROW, and will be setback 30 ft. and connect to an existing fence on the side yard.

No public comment received.

Motion by Schiferl, seconded by Schopf, to CLOSE THE HEARING. 6 Ayes - 0 Nays, Motion Carried.

Motion by Livingston, seconded by Zisla, to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP00-10 SUBJECT TO THE FOLLOWING CONDITION:

1.	THE APPLICANT MAY CONSTRUCT A 6-FOOT TALL WOOD FENCE ON THE NORTH SIDE OF THE EXISTING DRIVEWAY WITHIN THE UNIMPROVED RIGHT-OF-WAY.

2.	THE FRAMING MATERIAL OF THE FENCE SHALL BE PLACED ON THE APPLICANT'S SIDE OF THE FENCE.

3.	IN THE EVENT THE CITY REQUIRES REMOVAL OF THE FENCE IN THE FUTURE FOR ANY PURPOSE RELATED TO THE DEDICATION OF THE RIGHT-OF-WAY FOR STREET AND RELATED PURPOSES, THE LAND OWNER SHALL REMOVE THE FENCE AT NO COST TO THE CITY OF NEW BRIGHTON.

4.	THE CITY DOES NOT REPRESENT OR WARRANT AND MAKES NO FINDINGS THAT THE APPLICANT HAS ANY LEGAL RIGHTS IN THE LAND ON WHICH THE APPLICANTS PROPOSE TO CONSTRUCT THE FENCE.

5.	THE FENCE SHALL NOT BE ANY CLOSER TO 22ND AVENUE THAN THE EXISTING FENCE LOCATED AT THE PROPERTY TO THE NORTH.

6 Ayes - 0 Nays, Motion Carried.

General Business

Teague explained that as a result of the moratorium placed on multiple family housing, the Planning Commission was asked to consider the City's housing mix. The City must proceed further with planning and study before it can determine the appropriate mix of owner-occupied and rental units, the most desirous locations for new multi-
family housing, and the most efficient transportation and other facilities to serve residents. Based on the Housing Study, Vision Study, Comprehensive Plan, and Livable Communities Act, the City has an adequate number of multiple family housing opportunities.

The City does lack upscale apartments offering amenities, however, when looking at the Jones Lake site, it is difficult to vision upscale apartments given surrounding land uses. Under R-2 Zoning, townhomes are allowed by Special Use Permit at a density up to 7 units per acre. The vacant portion of the Jones Lake apartment site could accommodate 23 units, and the appraisal office site could accommodate 10 units. The Jones Lake site is the only site available zoned high density residential with the exception of the MX District.

To ensure upscale multiple family housing, the Planning Commission needs to consider design guidelines for quality development. The zoning ordinance could be revised to apply certain conditions, such as amenities and architectural standards.

Zisla suggested the Jones Lake site could be constructed for upper-end rental housing. Teague also added that the site could be used for expansion of the adjacent light industrial district. The intent of this discussion is "food for thought" and any rezoning would require a Comp. Plan amendment.

Baker noted that the setback from Jones Lake is fairly restrictive. Teague verified the setback is 150 ft., and a 30-
unit town home complex would be a tight fit. If the use remained, design guidelines and standards would be modified and upgraded.

Schiferl asked if underground parking for multi-family is a requirement of the MX District. Teague stated yes, and added that the Jones Lake proposal did include underground parking, but the project was still perceived as low end housing. If the goal is to provide a wider variety of housing, then the City should consider construction of higher-
end rental housing units.

Teague noted there is six months remaining on the moratorium, and suggested a work session to allow for discussion of the issue and development of design guidelines.

Adjourn

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

_______________________________________

Cary Teague, City Planner