PLANNING COMMISSION PROCEEDINGS

CITY OF NEW BRIGHTON

Regular Meeting - May 15, 2001

7:30 p.m.

Present:	Commissions Larry Baker, Jim O'Brien, Norm Schiferl, Jeff Schopf, David Schmitz, and Paul Zisla.

Absent:	Tom O'Keefe

Also Present:	Patrick Boylan, City Planner

Kevin Locke, Community Development Director

Char Samuelson, City Council Liaison

•	Minute Approval	- April 17, 2001, minutes were approved.

•	Agenda Review	- The following were added: Beisswengers, Pike Lake School, Minar Ford.

•	Council Action	- Councilmember Ron Sweeley oath of office ceremony

- Permanent Cosmetic Makeup License Approval

- Review of Plans and Specs for Pike Lake Sedimentation Pond

Public Hearing: Daniel Jankowski - All Wheels Sales and Service - SP01-05 and NC01-01

Consideration of a Special Use Permit and Type IV Non-conforming Use Permit to operate a used automobile sales and leasing service at 443 Old Hwy 8 NW. There is an existing three story building with offices on the top floor, and warehousing and manufacturing on the bottom two floors. Automotive sales are listed as a Special Use in a B-3 District, and the deficit of on-site parking requires a non-conforming use permit.

In 1997, New Brighton was a cross-claim defendant for approving construction of a building without adequate parking. A settlement was reached and the former owner entered into an agreement with the City and adjacent building owner for permission to access 9 parking stalls. This action addressed and reduced the parking deficient, but did not satisfy code requirements. The owner then agreed to the use of the first two floors for warehousing and the top floor for offices until the property is in full compliance. Because the applicant has not addressed the parking deficit issue, staff recommends denial of the special use and nonconforming site permit.

Schiferl verified that a parking deficient would still be existence even without outside vehicle storage.

Applicant Dan Jankowski explained that the business would involve purchasing of about 6-8 vehicles monthly at auctions and selling them via Internet. No large on-site vehicle inventory is required, and transactions occur evenings and weekends. Schiferl asked why this site was selected. Jankowski said the rent is reasonable and the small office space provides for his needs.

Jim Higgins, building owner, stated that the current tenants do not utilize all the parking stalls, and Jankowski intents to occupy a limited amount of space. Higgins believes that the application meets the standards of the Special Use Permit.

Baker commented that it appears irresponsible on the City's part to approve a matter which the court had previously ruled against the City.	SP01-05

NC01-01

All Wheels Sales

Public Hearing, continued

There were no other comments from the audience.

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

Schiferl added that the applicant was well aware of the parking standards and conditions of this situation at the time of staff review of the proposal.

Motion by Baker, seconded by Schiferl, to WAIVE THE READING AND RECOMMEND DENIAL OF SP01-05 AND NC01-01 DUE TO THE CURRENT SITE NON-CONFORMITIES; AND THE ADDITION OF THE PROPOSED SPECIAL USE WILL EXACERBATE THE PRESENT PARKING DEFICIENT CONDITION.

6 Ayes - 0 Nays, Motion Carried.

Public Hearing: D.L. Beach- Special Use Permit to expand gasoline station- 2251 Long Lake Rd

Consideration of a request to construct an 1,830 sq. ft. addition onto the existing gas station to be used for work and storage areas. This type of use is allowed within the B-3 District subject to approval of a Special Use Permit. The expansion would not be detrimental and lot improvements will help contain activity, noise and visual elements accompanying the proposal. Currently there is no curbing on the east or southern portion, and the applicant installed a three foot mulch strip to handle existing or future runoff. The applicant felt that curbing would create a ponding situation along the southern portion. The Rice Creek Watershed District (RCWD) approved the plans, and City engineering staff believe construction drainage could be controlled with silt fencing. All existing outside equipment and tires will be located within the addition.

Baker questioned the lack of curbing along the east and southern portion. Boylan stated that staff is recommending curbing, however, RCWD and staff engineers approved the plan without curbing due to the feeling that surface water drainage would be handled adequately.

Schiferl verified that Boylan recommends curbing standards found in the Code for that zoning district. Boylan feels adjustments could be handled through the conditions of approval noting the perimeter curbing requirement. Baker asked if modifications would require a variance due to the creation of a non-conforming use.

D. L. Beach, applicant, explained that the only existing curbing is located on the west portion. The recent construction of the adjacent homes has increase drainage tremendously, and installation of perimeter curbing would exacerbate the problem. He noted agreement to the conditions of approval.

Frank Tatro, 1611 Longview Dr., stated support for the project.

There were no other comments from the audience.	SP01-05

NC01-01

All Wheels Sales

SP01-06

Beach's Expansion

Public Hearing, continued

Motion by Baker, seconded by O'Brien, to CLOSE THE HEARING. 6 Ayes - 0 Nays, Motion Carried.

O'Brien asked if the engineering staff considered the possibility of drainage problems if curbing were installed. Boylan did discuss this with the City Engineer, but it was felt that current runoff is being adequately managed. O'Brien asked if there were concerns about erosion problems along the railroad tracks. Boylan did not get an impression that erosion problems were of great concern.

Schiferl recalled other projects where curbing was not required due to existing site conditions.

Baker believes the curbing issue relates more to site aesthetics than drainage mechanisms.

Zisla asked if perimeter curbing could be installed in such a way as to provide breaks to accommodate drainage. Boylan added that staff engineers could look at the drainage mechanisms.

Beach explained that drainage from the roof and surface area travels to the southeast corner, and intents to install rip rap to dissipate the problem. Schiferl verified that the rip rap mechanism is contained in the site plan.

Baker asked if the area behind the building could contain a water control device. Beach explained that the back area is used to accommodate tanker truck deliveries.

O'Brien asked if curbing is required by City Code. Boylan read from Chapter 11, Parking Standards, Section 020-2 "all off-street driving, loading, and parking areas shall be constructed with poured in place concrete curb except for single and two family residences". O'Brien suggested that the engineering staff develop a design so to allow water to penetrate the curbing periodically.

Schopf suggested elimination of curbing in that area where the metal crash bar is located. However, in order to do this, the applicant would need to apply for a variance to eliminate curbing in this area.

Motion by O'Brien, seconded by Baker, to

6 Ayes - 0 Nays, Motion Carried.

SP01-06

Beach's Expansion

Public Hearing: Special Use Permit - SP01-07 to construct building and project site signs for the Main Street Village development, north of Co. Rd. E-2 Ext. and west of 5th Ave. NW.

Consideration to install a variety of signage including; identification of gateways areas, building identification signs, awnings, and smaller signs for retail businesses. Smaller project entry signs are proposed for the 5th Ave. NW and 6th St. corner identifying retail on the south side of 6th St. and the future residential phase to the north. The project signs, building signs, and smaller tenant signs would promote and follow a pedestrian-scale, Main Street USA type theme. The submitted drawings capture and replicate the Olde Town theme found near City Hall. Staff believes the proposal meets criteria for a Special Use Permit and Area of Special Control are met and recommends approval.

Boylan said the six limestone pillars at the southwest corner of Co. Rd. E-2 and 5th Ave. NW were erected by the City, and the applicant desires to incorporate a gateway sign complex at this location.

Schiferl asked if there were any issues relating to sign placement. Boylan noted inclusion of a clause stating that the signs would not interfere with public safety concerns such as visibility and pedestrian access. There will also be future signage for buildings which have not been approved at this time.

Baker asked if temporary sign permits are generally issued. Boylan explained that permitting processes require submittal of a temporary sign permit until approved plans are manufactured.

Len Pratt, applicant, explained that suggested signage follows the existing historical signage theme in the Olde Town area. Baker feels this is a very professional proposal and would be an excellent addition to the City. Boylan added that the applicants would like the flexibility to work with staff to develop and design signage for future tenants.

There were no comments from the audience.

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

Motion by Baker, seconded by Schiferl, to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF SP01-07, SUBJECT TO THE FOLLOWING CONDITIONS:

1.	THE PLAN SHALL CONSTITUTE THE PERMITTED SIGNS FOR THAT AREA. ANY FUTURE CHANGES TO THE PLAN SHALL BE SUBMITTED UNDER SPECIAL USE PERMIT PROCEDURES AND WHEN ADOPTED SHALL BECOME PART OF THAT PLAN.

2.	THE APPLICANT SHALL WORK WITH CITY STAFF TO DETERMINE FINAL PLACEMENT OF SIGNS THAT MAY INTERFERE WITH.

3.	THE APPLICANT SHALL COMPLETE A TEMPORARY SIGN PERMIT FOR ANY TEMPORARY SIGNS UNTIL APPROVED PLANS ARE MANUFACTURED.

4.	GATEWAY SIGN COMPLEXES PROPOSED AT 5TH AVE. NW AND CO. RD. E-2 ALSO APPROVED AS PART OF THIS PROCESS.

6 Ayes - 0 Nays, Motion Carried.

Motion by Baker, seconded by Schiferl, to CONTINUE THE PUBLIC HEARING FOR THE REZONING OF 219 AND 321 OLD HWY 8 SW TO THE JUNE 19, 2001, PLANNING COMMISSION MEETING. 6 Ayes - 0 Nays, Motion Carried.	SP01-07

Main Street Village Signage

Public Hearing: Front Yard Setback Variance for 745 4th Ave. NW - VN01-01, James Boryczka The proposal is to replace an older home with a new single family home which would encroach onto the front yard setback by 8 ft. All 11 homes on the east side of the block violate the 30 ft. setback requirement, based upon this, staff feels a hardship would be brought upon the applicant if the variance is denied.

O'Brien asked if there is a chance that 4th Avenue would be widen. Boylan explained that 4th Ave. is not a major arterial street, and it appears unlikely that it would be widen.

Schiferl noted that other homes in this area appear to be violating setbacks and does not recall those variances coming before the Commission.

Dell Evans, 727 4th Ave. NW, asked if the proposal contains a larger than allowed garage area. Boylan said the applicant wishes to take the existing garage and turn it into a shed which will be moved to conform with side and rear yard setbacks.

James Boryczka, applicant, explained the location of the shed related to an existing tree's location. There were no other comments from the audience.

Motion by Zisla, seconded by Baker, to CLOSE THE HEARING. 6 Ayes - 0 Nays, Motion Carried.

Motion by Baker, seconded by Zisla, to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF VN01-01.

6 Ayes - 0 Nays, Motion Carried.

General Business: Site plan for Building D - Main Street Village

Consideration of construction of a 7,000 sq. ft. building located north Co. Rd. E-2 Ext. and west of 5th Ave. NW. It is proposed that Building D would consist of a one story building which may include a food element such as deli or full service restaurant.

Motion by Baker, seconded by Schiferl, to WAIVE THE READING AND RECOMMEND APPROVAL OF LP01-05, SUBJECT TO THE FOLLOWING CONDITIONS:

1.	CONTINUED COMPLIANCE WITH PUD00-1 PHASE 2 AND LP00-7.

2.	TRASH CONTAINERS ARE SCREENED FROM PUBLIC RIGHT OF WAY AND FROM RESIDENTIAL PROPERTIES; APPLICANT SHALL WORK WITH CITY PLANNER TO ENSURE COMPLIANCE WITH CODE AND APPEARANCE AND PLACEMENT.

3.	THE APPLICANT SHALL BE REQUIRED TO WORK WITH THE CITY AND THE COUNTY IN REGARD TO ANY NECESSARY TRAFFIC SIGNALIZATION ON ADJACENT ROADWAYS AS IT RELATES TO THIS SITE.

6 Ayes - 0 Nays, Motion Carried.	VN01-01

745 4th Ave.

LP-1-05 Site Plan for Building D Main Street Village

General Business: Update on neighborhood meeting for Main Street Village residential component

A neighborhood meeting was held on May 14, 2001, to update residents on the next development phase of Main Street Village which includes the residential portion on the former Tom Thumb site. Staff and the developers were available to answer any questions. Two residents were in attendance, and staff received two phone calls prior to the meeting.

The developer, Len Pratt, and architect, Gary Vogel, presented renderings of the proposed residential development which includes both apartment and townhome buildings. All buildings will include many amenities like commons areas, outdoor patios, and terraces.

Zisla asked if the three story apartment building on the west side would tower over the residential homes across the street. Pratt explained that all the buildings will be of gradual height and would soften the effect as it relates to neighboring properties.

Zisla requested an update regarding the issue of Minar Ford employee parking and unloading of new vehicles on 27th Ave. NW. Boylan spoke to Bob Cozatt, Minar Ford General Manager, who stated he will cease such activity and will notify his employees to park in designated areas. Baker added that when the site plan was approved, there was no mentioned of the exact location or number of parking stalls in the employee parking area. Zisla has raised this issue previously as it relates to Minar Ford, and noted that other New Brighton businesses are required to adhere to on-site parking requirements. Baker believes the on-site employee parking stalls are being used to store new vehicles. Cozatt told Boylan that the employee parking area is located on the northwestern portion of the site along 27th Ave. Boylan will review the Minar Ford conditions of approval to determine basis for enforcement.

Zisla noted concern of the visual effect of the rooftop mechanical equipment of the recent Pike Lake School renovation project. O'Brien agreed and asked if additional screening will be installed. Boylan noted that the plans had been approved, however, these comments are helpful in regard to the upcoming renovation of Irondale School. Schiferl asked staff to review the as-builts to verify that the proposed configuration is what has been installed.

Zisla asked if there is indication for the acquisition of the Beisswenger Hardware site. Locke said the development of the Northwest Quadrant involves the acquisition of parcels along Old Hwy 8. Currently, New Brighton Bowling Alley, Co-op site, and Darling Rendering and been acquired by the City, and investigation into the Midwest Asphalt site has begun. Locke explained that the plans show that Beisswengers would work better in another location with the corridor, and would appear to be a good fit for the "urban village", but maybe some relocation to another parcel within the corridor. The urban village would have some retail stores and a hardware store would be a good fit, and Beisswengers has been in New Brighton for many years.

Schiferl asked for an update on the tree plantings at the Minneapolis Water Works site. Boylan will continue to research this.

Adjournment

The meeting was adjourned at 9:30 p.m.

_______________________________________

Patrick Boylan, City Planner	Main Street Village Residential Component

Minar Ford Parking

Pike Lake School Mechanical Equipment