PLANNING COMMISSION PROCEEDINGS

CITY OF NEW BRIGHTON

Approved

Regular Meeting 08-20-02 7:30 P.M.

Present: Commissioners Larry Baker, Jim O’Brien, Norm Schiferl, Thomas O’Keefe, David Schmitz, Jeff Schopf and Paul Zisla

David Schmitz, Jeff Schopf

Absent: None

Also Present: Patrick Boylan, City Planner , Kevin Locke, Com. Dev. Director

· Minute Approval - July 16, 2002, as amended to

state Thomas O’Keefe as making motion instead of Larry Baker.

· Agenda Review – No additions

· Council Action - Council Member Kim Moore-Sykes

2003 Budget Work Session reviewed.

Silver Lake Road progressing slowly.

Public Hearing: PUD 02-001 Planned Unit Development, Preliminary Plat and Site Plan Review. Brighton Village Shopping Center Redevelopment, Kraus Anderson, Inc.

for Engelsma Limited Partnership.

The application is Step I preliminary phase of a Planned Unit Development (PUD). This includes a preliminary plat and site plan review for mixed use development at the existing

Brighton Village Shopping Center. The applicant is proposing to demolish the existing center, subdivide the land and construct an 84-unit hotel, restaurant, drug store, retail and medical buildings and a 78 unit senior housing facility. The existing Champ’s Restaurant will expand into the existing liquor store and be enhanced by an outdoor patio.

Lane Hendel of Kraus Anderson, Paul Settman with Settman Enterprises, Mr. Robey with Settman Enterprises and Brian Munstock with Sunde Civil Engineering were available. The Site Plan was reviewed and there was a question and answer session

with Commissioners and presenters.

Carrie Rasmussen of 1228 Robin Lane expressed her concerns about the traffic on Robin Lane as it is used quite heavily by children and senior citizens walking and now will have

increased traffic. She asked about the traffic study and some possibilities for lessening or diverting the flow from Robin Lane.

Nancy Grant of 1100 Robin Court asked how tall is the hotel and the senior housing building. She was told they are 60 feet to the top of the roof line. She also asked what kind of public assistance would be going into the buildings, TIF, tax abatement or what.

After some discussion, Chairman Baker routed discussion back to the hearing at hand as

financing is not part of the Planning Commission oversight.

Lois Swig of 1061 Robin Lane expressed objection to the way Pike Lake Drive would be changed. She objected to it being taken care of by Kraus Anderson and feels the city should be keeping it as a city road. It was explained that it will be a city road and maintained by the City of New Brighton.

Moved by O’Brien, Seconded by Zisla to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

After considerable discussion between Commissioners and questions to staff, it was moved by Zisla and Seconded by O’Brien to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF PUD

02-001, subject to the following conditions:

1. Approval of a permit by the Rice Creek Watershed District.

2. Lighting plans reflecting a pedestrian scale are submitted for review by staff and the Planning Commission and approved by the Council. The plans shall detail materials, height and include supportive data.

3. New elevation drawings showing all building elevations are submitted for review by staff and the Planning Commission, and approved by the City Council. These elevations should accurately reflect site grades and other site conditions.

4. A revised site plan shall be submitted for review by staff and the Planning Commission, and approved by the City Council which addresses all conditions of approval required during the Preliminary PUD and Platting process.

5. A final grading plan shall be submitted for review and approved by the City Engineer.

6. The Pike Lake Drive ROW shall be 40 feet wide. Pike Lake Drive shall include 6 foot wide boulevards on both sides of the paved street.

7. Sidewalks shall be a minimum of 5 feet wide clear of signs, hydrants, etc.

8. Sidewalks adjacent to parking lots shall be protected from the parking lots by a landscaped buffer with a minimum width of three feet or a landscape element such as a fence, wall or hedge between 2’6’’ to 3’6” tall which is designed to protect pedestrians from the intrusion of over-hanging vehicle bumpers. In areas where the sidewalk is between a building and a parking lot the buffer area maybe paved. The design of buffers and landscape elements shall be submitted to the City Planner for review and approval

9. A sidewalk shall be provided along Palmer Drive from Silver Lake Road to Pike Lake Drive. The pond north of Champp’s shall be redesigned to accommodate the sidewalk along Palmer Drive and a bus stop including a bench or bus shelter as deemed appropriate by the City.

10. The pond in the southeast corner of the intersection of Palmer Drive and Silver Lake Road (pond adjacent to the Champp’s building) shall be redesigned to ensure adequate spacing between the pond, including the pond side-slopes and the streets, sidewalks, bus-stop and features in this area such as signage (public and private) lighting, landscape features and street furniture. A fence or other barrier maybe necessary. The plans for the pond, sidewalk and other features including fencing in this area shall be submitted for review by staff and the Planning Commission, and approved by the City Council.

11. Landscaping or other features shall be provided adjacent to and/or east of the Drugstore building (Snyder’s) in the southwest corner of the site, to improve the appearance of the site/building from the I-694 exit ramp adjacent to the site. The plans shall be submitted for review by Staff and the Planning Commission and approved by the City Council.

12. Mechanical equipment and the roofs of all buildings shall be screened from view from public spaces or otherwise located or designed to minimize visibility from rights of way and other public spaces. Specifically the visibility of the roof and mechanical equipment of the Drugstore building at the Southwest corner of the site, from Silver Lake Road must be addressed. Plans for minimizing or eliminating Drugstore roof and equipment visibility shall be submitted for review by the Planning Commission and staff, and approved by the City Council.

13. Complete landscape plans shall be submitted for review by staff (including the City Forester and the City Planner) and Planning Commission, and approved by the City Council.

14. The plat shall be submitted for review by staff and the Planning Commission and approved by the City Council. It shall provide for a 40 foot wide rights of way for Pike Lake Drive and 10 foot wide utility easements in locations to be specified by the City Engineer.

15. A vacation of Pike Lake Drive is approved by the Council.

16. An interim plan for vehicle access to and through the site between Palmer Drive and existing Pike Lake Drive shall be prepared and approved by City Staff. Interim access shall be provided until the new Pike Lake Drive is complete.

17. Sign Plans have not been submitted as part of this PUD approval process. An overall sign plan shall be submitted for review by staff and planning commission and approved by the City Council under a separate special use permit application and approval process.

7 Ayes 0 Nays, Motion Carried.

Public Hearing: PUD 02-002 Amendment of the General Development Plan and Amendment of a Planned Unit Development (PUD 01-001). Main Street Village –

Residential Component, BKV Group, Inc. for Pratt Ordway Development

Zoning for this is B4, downtown business. The Comprehensive Plan does call for a multi-family designation.

Design changes for large complex projects like Main Street Village are a normal part of the development process. The developer is requesting three changes in the Main Street Village PUD. PUD 01-001 was approved by the City Council June 26, 2001.

There are three changes:

The decks have been redesigned. The change is to reduce the west setback to 8.35 feet from 10.5 feet as approved in the General Development Plan.
The number of units has increased from 121 unit projects to 125 units.
A stairway connection from the south side of the housing component to the office and retail components is missing. The developer is proposing to eliminate stairway/pedestrian connection between the apartments and the office/retail portion of the Main Street Village Project.

Ron Mell of Dominium Development and Gary Vogel, architect for BKV, were present

to explain the changes and answer questions for the Commissioners.

It was moved and seconded to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

Motion by Schiferl, seconded by Zisla for APPROVAL OF PUD 02-002 with the following conditions:

Development and use of the property shall conform in all respects to the General Development Plan approved June 26, 2001, and by all conditions amending such plans found within PUD 02-002.
Developer shall add the amended PUD to the declaration of covenants and restrictions to assure development in accordance with the General Development Plan and conditions imposed by the City.
The pedestrian connection from the apartment building to the office and commercial components of the site are restored on the site plan and resubmitted to the City for approval.
A final grading and drainage plan shall be subject to the review and approval of the City Engineer.
The column supports of the decks on the west side shall be set to a depth of 7.5 feet below finished grade (the depth of the watermain) to protect the structure in the events of a watermain break, and to ensure support if the watermain is excavated for repair.
The Fire Inspector shall review submitted construction plans and approve quantity and location of hydrants.
Submittal and approval by the City Attorney of a parking easement between the “office” portion of the project and the apartments.
Except where amended, the developer shall adhere to the conditions of approval in the General Development Plan and Resolution 01-059.

7 Ayes, 0 Nays, Motion Carried.

Public Hearing: SP 02-006 Special Use Permit for a proposed garage , Robert Bultena, 1906 Cedar Drive

Consideration of a Special Use Permit to construct a garage larger than 400 sq. ft. on a single family lot at 1906 Cedar Drive. The site is zoned R-1, Single Family Residential.

The proposal is for a 44’ by 19’ detached garage (843 sq. ft).

Mr. Boylan explained the proposal, Commissioners asked a few questions. No one from the public asked to speak to the issue.

Moved and seconded to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

Motion by O’Brien, Second by Zisla to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION recommending approval of SP 02-006, subject to the following conditions:

1. The garage is sided and roofed with same or similar materials as

the existing structure.

Public Hearing: SP 02-007 Special use Permit for a proposed detached garage,

Mark and Jeanette Allenson.

Consideration of a Special Use Permit to construct a garage larger than 400 sq. ft. on a single family lot at 2257 Rainbow Avenue NW. The site is zoned R-1, Single Family Residential. The dimensions for the detached garage would be 24’ x 30’ (720 sq.ft).

Elaine Noll, daughter of Kathryn Solt, spoke representing her mother who owns the property at 2243 Rainbow Avenue, just to the south. She voiced three concerns.

1) Aesthetics – there is a four season sun room with windows on three sides and to the north nothing would be seen but the garage and also partially to the east.

2) Potential for noise due to her mom’s bedrooms being on the north and the proximity to the drive.

3) The resale value of the property due to the two items mentioned above.

Chairman Baker explained the garage would be allowed without a special use permit, so it is simply the size that is the need for the public hearing.

Neil Gatten of 2244 Oriole Avenue spoke to the Commissioners and asked questions regarding the dimensions of the garage and driveway.

Motion by Baker, Second by O’Brien to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

Motion by Schiferl, Second by O’Keefe to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP-007 subject to the following conditions:

1. The garage is sided and roofed with same or similar materials as the house.

2. The garage is moved 5’ from the south property line and 21’ from the east property line.

7 Ayes, 0 Nays, Motion Carried.

Public Hearing: SP 02-005 Special Use Permit for a new porch, Chad and Lucinda Squires.

Consideration of a special use permit to construct a front porch addition onto a proposed single family home at 2980 Torchwood Drive NW. The proposed addition consists of a new entryway and landing. The site is zoned R-1, Single Family Residential and the proposed front porch sits within the 30 foot front yard setback requirement.

Mr. Boylan reviewed the plans. There was no one in the audience to speak to this.

Motion by Baker, Second by O’Brien to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

Motion by O’Brien, Second by Zisla to WAIVE THE READING AND RECOMMEND APPROVAL OF SP 02-005.

7 Ayes, 0 Nays, Motion Carried.

Public Hearing: VN02-002 – Building And Parking Setback Variance, Martin Harstad.

Consideration of an application for a building and parking setback variance at 2191 Silver Lake Road. The existing building and parking lot were constructed 30 feet each from Silver Lake Road. Ramsey County and the City of New Brighton are jointly rebuilding Silver Lake Road which abuts the applicant’s property on the west side. Plans for the right-of-way include a five foot expansion to the east, which reduces the Applicant’s property by five feet along Silver Lake Road. After the roadway construction is complete, the subject property will have two nonconformities. The applicant is asking for a variance of 5 feet for both the existing building and parking area.

Mr. Boylan explained to Commissioners the issue of the Comprehensive Plan error

which came to light during communications with Mr. Harstad regarding the variance.

The applicant had been informed that his property had a future land use designation of Low Density Residential (LDR), and that the office use would be considered nonconforming to the City of New Brighton’s Comprehensive Plan. The applicant

disagreed and asked staff to investigate. Research concluded that an error had been made when drafting the Future Land Use Map for the Comprehensive Plan. Staff has determined that the property in question should have a future designation as “Limited Business” (LB) and that the official map shall be redrawn to show this. The applicant operates an office on the site, and “office uses” are compatible with the LB future land use designation. City staff have contacted both the appraiser and the property owner and informed them of this issue. The applicant desires that this information becomes part of the official record.

Applicant was not present to discuss the variance. Mr. Boylan explained all details and answered questions for the Commissioners.

It was Moved and Seconded to CLOSE THE PUBLIC HEARING.

7 Ayes, 0 Nays, Motion Carried.

Motion by O’Brien, Second by O’Keefe to RECOMMEND APPROVAL OF VN 02-002

FOR A 5 FOOT FRONT YARD BUILDING AND PARKING SETBACK FOR 2191 SILVER

LAKE ROAD.

7 Ayes, 0 Nays, Motion Carried.

GENERAL BUSINESS: None

ANNOUNCEMENTS AND UPDATES:

I-35W Corridor Coalition Build-Out Study Presentation will be Monday, September 9, 2002, at the New Brighton City Council Chambers at 5:30 p.m.

The 30^th annual MN APA Planning Conference will be held September 11-13,

2002, at the Millennium Hotel in Minneapolis.

ADJOURNMENT:

10:40 P.M.

____________________________________

Patrick Boylan, Intermediate City Planner