Regular Meeting
Present: Commissioners Larry Baker, Norm Schiferl,
Karen Mann and Paul Zisla
Absent: Jim O’Brien, Tom O’Keefe, and Jeff Schopf
Also
Present:
· Council Action - Anne Hoffman, City Council Member,
reported on the following:
The Star Trib
had reported the City of
among 37 metro cities with 20,000 or more residents, with the top resale value of homes.
Councilwoman Hoffman reported progress in work on the NW Quadrant.
Mentioned the dedication for the
held and was a successful and moving event.
Also reported the Eagle’s Nest dedication and grand opening had been held.
Announcements and Updates:
For the record, Commissioner Schiferl, not present for the informational portion of the meeting, arrived for the business portion of the meeting, making a quorum.
·
Approval of Minutes –
·
Agenda Review – Table action on the Special Use Permit for a
sedimentation detention pond on
and concerns aired and
addressed by staff and
Public Hearing – Planned Unit Development - PUD 03-02 - Final Review of Site
Plan and Plat for
Consideration of a Planned Unit Development, Final Plat and Final Site Plan Review for a mixed use redevelopment of the existing Brighton Village Shopping Center. The applicant is proposing to demolish the existing center, subdivide the land and construct a restaurant, drug store, retail and medical buildings. The existing Champp’s restaurant, bank and Sinclair station are not part of the PUD, but existing shared parking between Champp’s and the bank will be reviewed in the context of meeting overall parking requirements. The applicant appeared before the Planning Commission and City Council in August of 2003, and received preliminary approval with conditions.
Mr. Boylan reviewed the history of the project and code requirements.
Lane Hendel, Director of Real Estate Development for Kraus Anderson, reviewed the master site plan for Commissioners. He explained the overall goal of the redevelopment of Brighton Village was to bring a town center concept, a pedestrian feeling to an area that right now is a parking lot and a 74,000 foot retail strip center, bringing vitality and
new energy to the area.
He explained the Snyder bankruptcy issue leaves that portion of the project temporarily stalled. It is the belief of the developers that this portion will go through as planned.
Darcey Mohr, Associate Attorney for Levander, Gillen & Miller, appearing on behalf of Dan Beason, who is the attorney for Sinclair.
She explained their client is very appreciative and mind-
ful of the fact that there would be no condemnation of the Sinclair building as a part of the redevelopment and their client is also supportive of the Kraus Anderson plan to redevelop this area and they see it as an enhancement to the city and they see it as a good move forward. However, to the extent that the current proposal encroaches on Sinclair’s property rights and enjoyment and utility of its property, they are here to voice their objections to this plan. Sinclair’s objections are two fold. First, there is a relaxation of the setback between that 6,000 square foot property to the east of the Sinclair station and the PUD requires a 30 foot or the height of the building as a setback, whichever is higher, and clearly the building would be taller than twelve feet, given its square footage. This large retail building unnecessarily encroaches on Sinclair’s enjoyment, value and utility of its parcel. There is no offer justification for the relaxation of the PUD standards. She states the PUD clearly says there shall be a minimum setback of the height of the building or 30 feet, whichever is greater, from all property lines that form the perimeter of the entire plan of the PUD.
The second objection that Sinclair has to this plan is the
taking or loss of Sinclair’s access rights under this proposed plan and
PUD. We previously outlined this at the
August presentation. Kraus Anderson has
proposed to close the northeast access on Sinclair’s property. Sinclair’s customers, its employees, vendors,
fuel trucks and the like
have all enjoyed this access for the last twenty years. Ms. Mohr also stated,
that moreover, Kraus Anderson’s proposal involves the taking or closing of
Sinclair’s direct access to
Attorney Mohr states that Sinclair believes it is essential to the highest and best use of
its parcel to have at least one open access. She explains the combined losses or takings of their access points currently proposed would substantially diminish the value of the Sinclair property. They feel, and say the tape of the August hearing will bear out that at the preliminary plat and PUD approval, City staff was directed to work with Kraus Anderson and Sinclair to remedy this loss of access. Ms. Mohr reports that as of this date, neither the City nor Kraus Anderson has resolved this issue by contacting Sinclair.
In fact, upon inquiring about the issue, City staff informed them that it was a private issue.
Attorney Mohr states that Sinclair requests and recommends approval of the final plat of the PUD is conditioned on the following: First, requiring normal setbacks for that 6,000 square foot property to the east of the Sinclair parcel and additionally, leaving Sinclair’s northeast access open or at least provide access on the east side of the parcel so it aligns up to the newly aligned Pike Lake Drive, or alternatively, providing Sinclair full directional access along the southern edge of its property, so customers coming and going from that property can get access to Pike Lake Drive as it will be realigned further to the east. They propose that this would be done at Kraus Anderson’s expense.
Nancy Grant , resident of
Kathy Anderson with KKE Architects, spoke regarding the access concerns. She stated they believe these modes of transportation are safest when integrated through the development, as opposed to behind buildings and out of view.
There was discussion regarding the setback requirements and the access.
Motion by Zisla, second by Baker to CLOSE
THE PUBLIC HEARING.
4 Ayes, 0 Nays, Motion Carried.
Motion by Schiferl, second by Zisla to WAIVE THE
1. Approval of a permit by the Rice Creek Watershed District.
2. A final utility plan shall be submitted and approved by the City Engineer.
3. An amended landscape plan is submitted subject to review and approval of the City Planner.
4. The City Attorney shall review and approve any cross parking agreements.
5. No sign permits shall be issued except under the authority of an approved area of special control sign plan.
6.
7. Adequate recycling facilities are provided for each commercial tenant and that sufficient space is set aside for future expansion of materials to be recycled.
8. The applicant shall provide elevation drawings for the restaurant prior to the final submittal to be reviewed by the City Planner prior to constructions which shall be consistent with the design of the other retail buildings.
4 Ayes, 0 Nays, Motion Carried.
Public Hearing – VN03-01, SP03-08, & LP03-06 – Building Setback and Parking Stall Variance, Special Use Permit for Automotive Repair Use – Lampert Architects and John Oliver & Associates on behalf of Mr. Aleksey Zaytsev
Consideration of a
request for a Special Use Permit to operate an automobile repair facility and a
Variance for a side yard building setback and one stall variance at 13 2nd
Avenue Se. The lot is presently vacant;
the applicant wishes to construct a 2,779 square foot building on a 9,184
square foot site. The proposed building
encroaches into the side yard setback and the proposed plan is short one
parking stall of the code requirement.
The City would need to approve a one foot setback variance for the
building and a
variance for four parking stalls in order for the site plan to be approved and
a building permit issues. The special
use permit is requested due to the fact that “automobile repair” is listed as a
Special Uses Permitted in the zoning code.
Mr. Boylan reviewed the
site plan and the code for the Commissioners.
Mr. Zaytsev was present
and answered a few questions for the Commissioners about the type of business
and number of employees as well as future implications and plantings.
Motion by Zisla, second by Mann to CLOSE THE PUBLIC HEARING.
4 Ayes, 0 Nays, Motion
Carried.
Motion by Schiferl,
Second by Zisla to WAIVE THE
1.
Drainage plans
shall be resubmitted and approved by the City Engineer that shows how the
surface water will drain around the dumpster enclosure and along the south lot
line.
2.
The Applicant
shall replace the planned 15” HDPE storm sewer pipe with 15” PVC pipe.
3.
The Applicant
shall substitute the 8” water gate valve with a 6” gate valve.
4.
Approval of
final landscaping plan by the City Forester.
4 Ayes, 0 Nays, Motion Carried.
Amended Agenda Item from Special Use Permit to Discussion
Item on SP 03-12 – City of
Due to many issues raised
to staff regarding this item, Planning Commission tabled the item until the
November meeting and this will be renotified and
republished in the official City newspaper for the November Planning Commission
Public Hearing.
The request was for a
Special Use Permit to allow a sedimentation basin for controlling stormwater runoff into
Originally, the site was
a tax forfeit parcel that the City purchased with an eye toward
meeting some or all of the storm water management goals
adopted by the City in the year 2000.
This particular site has some storm water detention hardware if you
will. The proposed pond would enlarge
the capacity and aid in water clarity that would end up in
Mr.
Laura Gleason, of 1736
Long Lake Road, who lives the second house down from the pond, asked if an
analysis had been done on the property, determining if the property could
handle the volume of water that might come in.
She also asked what percentage it will actually improve the water
quality. Also, what is the long term
plan to maintain this as she says
Mr. Proper responded the
pond would have a 100 year rainfall. The
pond would hold back the flow to the lake.
The cleaning is part of the federal mandate and maintenance plans are
being made. He explained a lot of small
projects will be necessary to clean up
Sam Chaplusky
spoke, saying the City has a 20 foot easement for the pipe coming down in his
yard. He expressed a lot of frustration
with what he called not maintaining what we already have and problems with the
pipe on his property.
John Mortenson
of
Bill Spitzmueller of
Frank Erkfitz, of
Krista Siem, who lives as
Dennis Denning of 1664 spoke next, stating he thought they should know what the increased quality of the lake versus the decreased quality of the environment was and what the tradeoff would be.
After hearing the above comments from residents, it was the consensus of the Planning Commission that there should be a meeting between City Staff and concerned residents to
gain more information about the project and address concerns. Residents will be notified when this meeting will occur.
Public Hearing – Parking Setback Variance and Site Plan Review – VN03-02 & LP03-08 – Norm Wells, Architect on behalf of Mark Beisswenger
Consideration of an application for site plan review and front yard parking setback variance to construct a new Beisswenger’s Do It Best Hardware Store. The proposal shows parking which encroaches into the front yard setback. A variance of 25 feet is needed for the proposed parking.
Mr. Boylan briefly reviewed the history of the project, the zoning code and parking standards.
Mr. Norm Wells, Architect for Mark Beisswenger, presented
information for the parking setback and site plan. He addressed the number of parking spaces and
future considerations of same. Mr. Wells
described the pond and proposed fountains and landscaping. He stated they are working with
Commissioners asked questions and wanted more information regarding the proposed parking spaces and wanted some data on hardware store parking uses. Concern was expressed regarding building a new building and using up so much of the front yard setback along old Hwy 8 for parking. Commissioners asked the question of Mr. Boylan what the next procedure would be when they come back with parking numbers. Mr. Boylan reported it would probably either be to obtain a variance or change the zoning code for hardware stores. It was felt a delay of a month would not be too detrimental to the project and would have time to get the information back and also there could be progress in acquiring and assembling of properties that is proposed.
Mr. Boylan will conduct a parking review of other cities and City staff will work with applicant on developing Special Standards for an outdoor garden area from an acceptable aesthetic and retail perspective, balancing the two needs and the intent of redevelopment goals. Rooftop mechanical screening needs will also be clarified for next month. It was suggested also that any updated information regarding the staff’s recommended conditions would be helpful for next month.
Motion by Baker, Second by Schiferl, TO
CONTINUE THE PUBLIC HEARING UNTIL THE NOVEMBER MEETING.
4 Ayes, 0 Nays, Motion Carried.
ADJOURNMENT
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