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11-23-1999M0490 PLANNING COMMISSION AGENDA November 23, 1999 7:00 p.m. Roll Call Approval of Minutes Regular Planning Commission meeting of October 26, 1999. Public Hearing New Business ITEM #1 PC Letter #31 ITEM #2 PC Letter #32 Old Business Liaison Reports Adjournment Annual Review of the City's Comprehensive Plan Annual Review of the Zoning Ordinance School Board Community Services Advisory Commission H RA City Council Auxiliary aids for individuals with disabilities are available upon request. requests must be made at least 96 hours in advance to the Administrative Service's Director at 861-9702". gA Planning Commission Minutes Regular Meeting October 26, 1999 MEMBERS PRESENT: Chairperson Brenda Bjorklund; Commissioners: Terry Ahlstrom, David Gepner, Bill Kilian, Daniel Linnihan, and Mark Tolvstad. MEMBERS ABSENT: None COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: John Stark, Community Development Manager Julie Urban, Zoning Administrator Mark Andrle, Community Development Technician The Planning Commission meeting was called to order by Chairperson Bjorklund,at 7:00 p.m. APPROVAL OF MINUTES M/ Kilian, S/ Gepner to approve the minutes of the regular Planning Commission meeting of September 28, 1999 and the study session of October 12, 1999. Motion carried: 6 -0 PUBLIC HEARINGS 99 -CUP -5 ITEM #1 Mark Ogren, Ogren Properties Conditional Use Permit to allow addition of a convenience store and gas station to the existing shopping center. continued from September 28` h meeting. Zoning Administrator Julie Urban reviewed the staff report and the new information staff has gathered regarding parking, traffic, lighting, truck delivery and landscaping. Ms. Urban reviewed the conditions for a convenience store in a C -2 district. October 26, 1999 Page 2 Commissioner Kilian stated that the Montessori School is within 300 feet of the proposed convenience store and from his experience he believes the Montessori School includes kindergarten. Commissioner Gepner asked how would the proposed store be monitored to comply with all the conditions in the C -2 district. Ms. Urban reviewed the process for monitoring compliance which could eventually result in the CUP being revoked. Commissioner Linihan asked how can the Commission can quantify and qualify negative impacts on the neighborhood. Ms. Urban stated that is up to the Commission's interpretation, but there needs to be reasons why an impact would be negative. Mark Ogren, Ogren Properties, stated that the store will only use the existing traffic in the area and will not add traffic to the neighborhood. Mr. Ogren stated that trucks will deliver gas two to three times a week for about 30 minutes at a time and he will try to limit the times of the deliveries. Mr. Ogren stated that additional landscaping would have a negative effect on the truck movements. Chairperson Bjorklund asked if the store operator would have the training to stop a situation that would violate a condition for convenience store in a C -2 district. Mr. Ogren stated the operator will be very experienced and the lease will state the conditions of the C -2 district that must be met. Mr. Ogren then answered several questions from the commission. He stated that the current tenants would like the parking spaces in front of their store reserved for their customers, the store will never become a full service station, the proposed hours of operation will be from 6 a.m. to 11 p.m. but may become 24 hours if the traffic dictates. Marilyn Machacek, 6529 11 th Avenue, stated that the 25 foot landscaping buffer should be required. Greg Opitz, 6500 12th Avenue, had concerns with additional street parking further into the neighborhood, and that the 25 foot landscaping buffer may not be required. Mr. Opitz stated that the station will have six pumps not three. Kristal Stokes, 6733 17th Avenue, asked if the setback in the CUP for the muffler shop is consistent with the proposed convenience store. Ms. Urban stated that the muffler shop had a greater se back because they had room without compromising parking. Business Owner, 13th Avenue and 66th Street, stated that many gas stations in the area have not been able to make it and have left. He stated there are enough gas stations in the area right now. Katherine Hallet, 6510 12 th Avenue, stated that the Montessori School is a school. October 26, 1999 Page 3 Janet Holman, 6524 12` h Avenue, stated that in her opinion the proposed store is not consistent with the Comprehensive Plan. She added that there is no real buffer between her house and the existing store and parking lot. Molly Ross, west side of 66`h Street, stated that the amount of pollution would increase from the additional cars and trucks in the area. Mr. Ogren stated that his company owns many stand alone convenience stores and this would be the first strip mall he has owned. Carolyn Richardson, 6525 12`h Avenue, stated that the storage tanks will be vented toward her house and that there will be additional accidents due to increased traffic. Kristin Optiz, 6500 12` h Avenue, stated that it will be hard for her to walk to through the parking lots because of the additional traffic. M /Gepner, S/Linihan to close the public hearing. Motion carried: 6 -0. Chairperson Bjorklund stated that she had too many questions regarding the school, parking, trucks, tank location and landscaping. Commissioner Kilian stated that he needs to know if the Montessori School is a school. He added that the area would be negatively impacted from higher traffic volumes and additional lighting. Mr. Kilian stated that the proposed store is a new use that is significantly different from the existing use and should be required to have the 25 foot landscaping buffer yard and landscaping setbacks. Commissioner Linnihan stated that the Comprehensive Plan looks to eliminate conflicts between commercial and single family land uses by having a buffer between them. He stated that there is no buffer between the residential and proposed store. Commissioner Gepner stated that the proposed store meets all the conditions for the C -2 district but he did have a concern with the definition of the Montessori School. He added that it is an existing building and the 25 foot buffer yard and landscaping setback should not be required. Commissioner Alhstrom stated that the proposed store would be a major change in use and pointed out the gas pumps are oriented toward 12` h Avenue not 66` h Street. Commissioner Tolvstad stated that snow could impede truck movements. He added that the change in use could have a negative impact on the neighborhood. M /Bjorklund S /Kilian to recommend that the City Council deny the request for a itional use hermit at 1208 E 66 `h Street with the following findings of fact: October 26, 1999 Page 4 1. The proposed use would have an adverse impact on surrounding_ properties. The level of noise and traffic would be such that residential properties would be negatively impacted. 2. A 25 -foot buffer yard is required to adequately screen the use from the adjacent residential property. Inclusion of the buffer yard would reduce the amount of parking such that it could not meet the required parking standard. 3. The proposal is a change -in -use of an existing structure; however, the change is such that the application should come into compliance with landscape standards for new construction and building additions. Parking standards cannot be met if the property is to meet landscape standards. 4. Trucks cannot adequately maneuver out of the site without parking restrictions placed on 12th Avenue. Parking restrictions on 12` h Avenue in this area would negatively impact the neighborhood. An alternative to parking restrictions would be to leave the curb cut on 66`h Street open. Individual access points on 66`h Street are inconsistent with the access manaizement guideline of the City and County. Individual access points have an undue adverse impact on the flow of traffic on 66`h Street. 5. The proposed convenience store is not consistent with the Comprehensive Plan. Motion carried: 5 -1 (Gepner opposed) Comprehensive Plan Amendment from R to R -MM 99 -CUP -6 ITEM #2 99 -FDP -2 3 East side of Garfield Avenue, 76` h to 771h Streets Ron Clark Construction Allow construction of 40 condominium housing units Community Development -Manager, John Stark reviewed Phase III of the Lyndale Gateway project, and stated that 40 condominium units are now proposed instead of 32. Mr. Stark stated that staff recommends approval of an amendment to the Comprehensive Plan designating the half block on the east side of Garfield as R -MM (medium density residential). Mr. Stark stated that a neighborhood open house was held on September 291h and that 41 households in the area had been invited to attend. The comments compiled at that meeting were mad available to the Planning Commissioners and to the members of the public who were present. Mr. Stark stated that staff recommends approval of the request for a final development plan and conditional use permit for Phase III of the Lyndale Gateway development. Chairperson Bjorklund asked why fencing can't be used to screen neighbors from the development. Mr. Stark stated that Public Safety feels that one long continues fence will create hiding places and will cut off any one trying to get out of the area. October 26, 1999 Page 5 Helen Manson, 7609 Harriet Avenue, stated that she doesn't want a three -story building behind her house and feels that there should be a dead end at Garfield. Heidi Kurts, Ron Clark Construction, reviewed the neighborhood meetings and defined a condominium. Ms. Kurts stated that the owner can lease the condo but they will try to limit that and the rent would be high end. Commissioner Linnihan asked what the target market for the condos would be. Ms. Kurts stated that it will be retirees and first time home buyers. Gary Tushie, Tushie Montgomery, stated that the three -story condos will be about 15 feet taller than a two -story house. Mr. Tushie stated that Public Safety needs a loop road to have better access to the neighborhood and snow removal will be easier with a loop road. Ruth Larson, 7638 Harriet Avenue, stated that the density is too high, screening is not adequate and there will be increased traffic. Nick Truedson, 7632 Harriet Avenue, stated that the two -story condo should be next to the single family homes not the three -story. M/Kilian S/Linnihan, to close the public hearing. Motion carries 6 -0. Commissioner Linnihan asked why the two -story condo couldn't buffer the single family neighborhood instead of the three- story. Mr. Tushie stated that there will be more windows facing the single family homes and utilities will need to be moved if the condos are realigned. The two -story units also have patios. Placing the patios on the east side would seem to be more of a privacy violation. Ms. Kurts stated that it would take some time to determine if the condos can be realigned. She added that realigning the condos might make them less marketable because the less architecturally pleasing elevation would face the street. M /Kilian S /Gepner to recommend approval of an amendment to the Comprehensive Plan designating the half block on the east side of Garfield as R -MM (medium density residential). Motion carried 6 -0. MBjorklund S /Tolvstad to recommend approval of the request for a final development plan and conditional use permit for Phase III of the Lyndale Gateway development. With an added stipulation that the condos be realigned so that the two -story condos are constructed between the single family homes and the three - story condos. Motion denied 3 -3 (Kilian, Linnihan and Gepner opposed). October 26, 1999 Page 6 M/Kilian S /Ahlstrom to recommend approval of the request for a final development plan and conditional use permit for Phase III of the Lyndale Gateway development. With the following stipulations: 1. That a sediment and erosion control plan be approved by the Public Works Director. 2. That a storm water management plan be approved by the Public Works Director. 3. That the property is replatted. 4. That a signage plan be submitted and approved by the Community Development Director. 5. That a revised landscaping_ plan be submitted relocating the ash trees proposed along 76`" Street to allow for visibility from Harriet Avenue and including denser, shrubs at the end of the parking areas. Any planting that does not survive for one year must be replaced. 6. That a tree protection plan be submitted and approved by the Community Development Director. 7. That the developer approach each property owner on the west side of Harriet Avenue and, for those owners wanting additional screening provide one to two trees on each property in a location agreed to by the owner and the developer. Any planting that does not survive for one year must be replaced. 8. That there be a good faith effort by the developer to realign the condominiums so that the two -story condos are constructed between the three -story condos and the single family homes. Motion carries 5 -1 (Bjorklund opposed). NEW BUSINESS PC Letter #44 ITEM #3 Finding of Consistency — 6812 Queen Avenue Ms. Urban reviewed the staff report and stated that staff recommends that the Commission adopt a resolution finding that the proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan. M /Kilian S/Linnihan to adopt a resolution finding that the _proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan. Motion carries 6 -0. October 26, 1999 Page 7 OLD BUSINESS None LIAISON REPORTS School Board: None Community Services Advisory Commission: None HRA: Commissioner Gepner stated that they set up a provision to condemn the homes on Garfield Avenue. City Council: Mayor Kirsch reported that he will be going to Washington D.C. to lobby for airport mitigation funds. ADJOURNMENT The meeting was adjourned by unanimous consent at 10:00 p.m. Terry Ahlstrom Planning Commission Secretary October 26, 1999 Page 6 M /Kilian S /Ahlstrom to recommend approval of the request for a final development plan and conditional use permit for Phase III of the Lyndale Gateway development. With the following stipulations: 1. That a sediment and erosion control plan be approved by the Public Works Director. 2. That a storm water management plan be approved by the Public Works Director. 3. That the property is replated. 4. That a signage plan be submitted and approved by the Community Development Director. 5. That a revised landscaping plan be submitted relocating the ash trees proposed along 76"' Street to allow for visibility from Harriet Avenue and including denser, shrubs at the end of the parking areas. Any planting that does not survive for one year must be replaced. 6. That a tree protection plan be submitted and approved by the Community Development Director. 7. That the developer approach each property owner on the west side of Harriet Avenue and, for those owners wantiniz additional screening, provide one to two trees on each property in a location agreed to by the owner and the developer. Any planting that does not survive for one year must be replaced. 8. That there be a good faith effort by the developer to realign the condominiums so that the two -story condos are constructed between the three -story condos and the single family homes. Motion carries 5 -1 (Bjorklund opposed). NEW BUSINESS PC Letter #44 ITEM #3 Finding of Consistency — 6812 Queen Avenue Ms. Urban reviewed the staff report and stated that staff recommends that the Commission adopt a resolution finding that the proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan. M /Kilian S /Linnihan to adopt a resolution finding that the proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan. Motion carries 6 -0. Planning Commission Letter November 23, 1999 Agenda Section: New Business Item #: 1 Letter #: 31 GENERAL INFORMATION Type of Request: Annual review of the City's Comprehensive Plan. ANALYSIS History: The Planning Commission conducts an annual review of the City's Comprehensive Plan. Proposal: The Commission has asked that the transportation- related pieces of the Plan be reviewed in response to issues that have been raised by residents. Tom Foley, the City's Transportation Engineer, will review the City's various approaches to transportation issues as they relate to the goals and policies of the Comprehensive Plan. The Commission should then provide direction to staff as to whether the efforts are consistent with the Comprehensive Plan and whether or not the Plan should be updated. Staff has no other specific recommendations for review or changes to the Comprehensive Plan at this time. Commissioners should review the Plan and bring forth any potential changes they would like to discuss. Issues: Comprehensive Plan changes related to the airport mitigation planning efforts will come before the Planning Commission in the near future. Mitigation planning is currently waiting for the results of the noise advisory committee and for more information relating to financial feasibility. ACTION TO BE TAKEN Recommendation: Review the Comprehensive Plan and provide direction to staff regarding any changes. Basis: 1. The Commission conducts an annual review of the Comprehensive Plan. MWMA Agenda Section: Item #: Letter #: Planning Commission Letter November 23, 1999 New Business 2 32 GENERAL INFORMATION Type of Request: Annual review of the Zoning Ordinance. ANALYSIS History: The Planning Commission completed a comprehensive revision of the Zoning Ordinance in 1995. At that time, the Commission committed to reviewing the Zoning Ordinance on an annual basis. Proposal: Staff have identified three regulations for review. Commissioners should also review the ordinance and bring forth any issues for discussion. Gas stations adjacent to residential districts: A provision prohibiting gas stations from locating adjacent to single family residentially -zoned property has been in and out of the Zoning Ordinance over time. The difficulty with prohibiting gas stations next to residential property is that there are businesses that currently exist in this situation. In addition, such a provision certainly doesn't guarantee that there will not be conflicts between the station and the adjacent residential property. The prohibition prevents them from expanding or making improvements to their property. In the past, the Commission and Council have determined that it is important not to discourage them from making improvements to their property, with appropriate buffering, these land uses can exist adjacent to residential property. Given the Commission's response to the gas station proposed at 1208 East 66th Street, staff would like to revisit this regulation. Requiring frost footings for detached garages adjacent to principal dwellings: The Zoning Ordinance requires that detached garages built in the side yard, within 10 feet of the principal dwelling, must have frost footings. Staff have received many complaints about this requirement because of the cost it adds to a project. The reason behind the requirement was to assist owners in the future wanting to attach the detached garage to the house. Detached garages are typically built on floating slabs. You cannot attach a building constructed on a floating slab to a principal dwelling, which is constructed on frost footings. ma Building Additions: Staff have received complaints about the appearance of a residential building addition. It is an attached garage and family room addition. The garage addition will be significantly taller than the existing house (14- foot walls). This would not be permitted with a detached garage, but, because it is to be part of the principal dwelling, the height is less restrictive. The addition meets all zoning requirements. Pictures will be available at the meeting. Overlay Zoning: The Commission might want to consider overlay zoning provisions in some of the City's commercial areas. Many of the subarea plans Lyndale Gateway and Lakes at Lyndale) have recommended development patterns that minimize the appearance of parking and encourage pedestrian - friendly environments. These goals can be realized through comprehensive redevelopment projects, but the City's Zoning Ordinance does not encourage this type of development pattern for existing buildings that will not be part of a comprehensive redevelopment project. Some areas where an overlay zoning district may be appropriate include the following: Lakes at Lyndale, Lyndale Gateway from 74th to 76th Streets, and Penn Avenue and 66th Street. ACTION TO BE TAKEN Recommendation: Review the Zoning Ordinance. Provide direction to staff regarding any possible changes. Basis: 1. The Planning Commission reviews the Zoning Ordinance on an annual basis. CITATIONS ZONING CODE: Richfield City Code (Zoning) 526.27, Subd. 12 C -2 District (Rev. 1996) Subd. 1.2. Service stations, service station /convenience stores, and conversion of a service station to a service station /convenience store, provided the following conditions are met: a) the business shall be subject to the provisions of Section 1150 of the City Code; b) if the use site abuts a lot which is in the R or R -1, a buffer yard of not less than 25 feet in width and 75 % all- season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from abutting residential parcels. The council may reduce this requirement to not less than 15 feet if significant additional landscaping and fencing, with 100% all -season opacity, is provided to screen the service station use; and Amended, Bill No. 1996 -7, Sec. 1) Richfield City Code (Zoning) R District 52 1.11, Subd. 9 Rev. 1999) Subd. 4. Detached garage in side yard area. Building plans submitted after June 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is located less than 10 feet from the dwelling.