PLANNING COMMISSION PROCEEDINGS

CITY OF NEW BRIGHTON

Regular Meeting 10-15-02 7:30 P.M.

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

Absent: Thomas O’Keefe and David Schmitz

Also Present: Patrick Boylan, City Planner , David Black, Asst.Comm. Devel. Dir.

Kim Moore-Sykes, City Council Member

· Minute Approval - September 17, 2002

· Agenda Review – Add letter from Comm. Schiferl to Announcements and Updates. Also will add discussion of

Garage Special Use Permits.

· Council Action - Council Member Kim Moore-Sykes

reported all projects passed by the Planning

Comm. last month were approved by the Council.

An Open House was held October 8^th and attended by

75-100 people.

The Silver Lake Road project will not be completed until

next year.

Public Hearing: SP 02-012 Special Use Permit for a proposed detached garage larger than 400 sq. ft.- Glenn Kluthe

Consideration of a Special Use Permit to construct a garage larger than 400 sq. ft. on a single family lot at 718 6^th Avenue NW. The site is zoned R-1, Single Family Residential. Section 4-530 (E) states that any accessory structure may be constructed up to a maximum of 1,000 square feet; any structure larger than 400 square feet is subject to approval of a Special Use Permit. The Applicant is seeking a Special Use Permit for a proposed 24’ by 24’ detached garage (576 ).sq. ft

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

5 Ayes, 0 Nays, Motion Carried.

Motion by Baker, Second by Schiferl to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP-012.

5 Ayes, 0 Nays, Motion Carried.

Public Hearing: PRD 02-002, LP02-009, FP02-002 Final Review of Planned Residential Development, Site Plan & Final Plat – Humphrey Engineering/Nedegaard Custom Homes.

A review of the plan was presented by Mr. Boylan as follows: On July 16^th the Planning Commission considered a preliminary concept review of the plan and recommended approval to the City Council. The City Council reviewed the plan and granted preliminary review concept approval to the developer. The developer came back on Sept. 17^th and a public hearing was held. A number of items of concern were raised about the development. The Planning Commission tabled this item until this hearing.

Mr. Boylan reviewed the site plan for the Commissioners. He reported on the previously

identified concerns of Landscaping, Building Elevations and Drainage (Lindsey Court

Hydrology Study). and how these issues have been satisfactorily addressed. Commissioners asked several relevant questions.

Pat Nilan of 3231 Linden Drive, acting President of the Innsbruck Townhome Association, across the street from this project, spoke regarding concerns of water runoff

especially since after a very heavy rain last June there was water running behind the townhomes and up into the patio areas.

Gene Delaune of 2828 Linden Drive, across the street from the Lindsey Court Development, spoke next, expressing disappointment in the information that has been made available to the residents. He stated he had asked for information on the elevations, etc. and would like to have information to be able to understand the schematics involved.

He was informed that Les Proper has been involved, who Mr. Delaune expressed confidence in at the last meeting.

Mr. John Feges of Nedegaard Custom Homes, spoke, stating they go far beyond minimum standards in regard to landscaping requirements. He stated the price of these townhomes will be in excess of $325,000 as a beginning price and owners will have a high expectation in regards to the grounds. He explained the specifics of the retaining wall and the pond and the visual impact.

Debbie Bondy (sp?) of 1086 – 27^th Ave. NW, spoke next stating it would be beneficial for a visual barrier not only between the new development and across Linden but also in the back yards. It was mentioned by the developer that it was the recommendation of the council and some planting materials will be put there.

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

5 Ayes, 0 Nays, Motion Carried.

Motion by Schiferl, Second by O’Brien to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF THE FINAL PLANNED RESIDENTIAL DEVELOPMENT PRD02-002, LP02-009, and

PL02-004, subject to the following conditions:

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

2. That within the Association bylaws the submitted snow removal plan is inserted. The language shall be reviewed and approved by City Staff, with assurances that any proposed changes to the snow removal plan are subject to City review.

3. The final grading and utilities plan shall be subject to review and approval of the City Engineer.

4. A final plat is submitted with final PRD review to the City Council.

5. That the street be posted as a fire lane – no parking.

6. The Home Owners Association will maintain the capacity at the design standard on the approved plat.

7. Retention pond will not be used for snow storage.

8. City Staff will approve the final landscaping plan.

5 Ayes, 0 Nays, Motion Carried.

Chairman Baker and Mr. Boylan explained the canceling of the Planned Unit Development Public Hearing for Brighton Village Shopping Center due to an incomplete application.

General Business

A. Accessory Buildings discussion

Mr. Boylan reported on a discussion with Comm. Schiferl and a letter

from a resident regarding the requirement for detached accessory

buildings requiring a Special Use Permit if over 400 sq. ft. In Oct. of

2000, the City Council approved Ordinance 674, putting the regulation

in place. One concern at the time was the type of activity involved in

these buildings. The code is looking at detached garages. Discussion

between staff and Commissioners highlighted that there are very good

reasons for the ordinance and lot lines cannot be accurately determined

without a survey.

It was the consensus of the Planning Commission to direct City Staff to

survey surrounding cities as to their process in an attempt to simplify our

process, yet maintain the safeguards and determine the appropriate size

of the garage before requiring a Special Use Permit.

Staff will address the Council and report back to the Planning Commission in December.

Announcements and Updates

Brighton Village Shopping Center Update – David Black, Assistant Community Development Director . Tax Increment Finance Resolution.

There was a presentation by Mr. Black and considerable discussion between Commissioners on this subject.

Motion by Zisla, Second by O’Brien to pass the Resolution with the modification of including specific goals in Support of the Modification of Development District No. 1.

5 Ayes, 0 Nays, Motion Carried.

The letter from Commissioner Schiferl regarding addressing issues from the public not directly related to land use issues was discussed.

It was agreed between Commissioners to try to enhance the user friendliness of

Planning Commission Meetings for the public. Some suggestions were to direct

residents to the most appropriate person for questions not germane to the issue at hand. Also, to attempt to move agenda items up, depending if there is a large group of people for a certain item. It was also suggested to give a brief overview

at the meeting regarding what the Planning Commission is and what it does. Handouts could also be available. Staff reports could also be available for the public. Cable audience could see electronic copies of information.

Adjournment 9:27 p.m.

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Patrick Boylan, Intermediate City Planner