P&Z – 01-06-99 - 5
PLANNING AND ZONING COMMISSION
January 6, 1999
Saint Michael Council Chambers 7:30 p.m.
Present: Chairperson Jeffrey Slimmer; Commission Members David Dayon, Jean Bresin, Steve Hensel Jeff Lutz, Sandra Mariotti, and Ron Slack. Also present were Planner Marc Weigle; Council Representative Wayne Kessler; Administrator Bob Derus; Deputy Clerk Carol Beall. In addition, there were a number of high school students present in connection with graduation requirements.
Chairperson Slimmer called the meeting to order, declaring a quorum present. New Planning Commissioner Ron Slack was introduced. Slack told a little about himself, emphasizing his 31 years in teaching, and his 11 years serving on the Brooklyn Park City Council. Slack moved to the Cold Water Creek Development in 1998.
Chairperson and Vice Chairperson. Commissioner Slimmer indicated his desire to step down as chairperson for 1999. Commissioners Mariotti/Hensel nominated David Dayon for Chairperson. There were no other nominations. All voted aye on the nomination, with Dayon abstaining. Commissioners Hensel/Lutz nominated Sandra Mariotti for Vice Chairperson. All voted aye on that nomination. Commissioner Slimmer turned the gavel over to newly elected Chairperson Dayon.
Approve Agenda and Minutes. Jan Griffin was present and had asked to be added to the agenda to discuss her parcel of land in Frankfort Hills. That item was listed as Item 11a, before Old Business. Commissioners Slimmer/Hensel moved to approve the agenda as amended, with all voting aye. The minutes of December 2, 1998, were corrected on Page 2, first paragraph, to change the word “solving” to “absolving.” Commissioners Lutz/Mariotti moved to approve the Minutes of December 2, 1998, as corrected, with all voting aye.
Variance Request – Jim O’Donnell, 35 Main Street South (File 98-12/1). Planner Weigle briefly explained what had transpired since the last commission meeting. The Planner and Attorney looked at the ordinance with regard to allowing two homes on a single parcel, and determined that without a PUD arrangement, a homeowners association (of two), and addressing the maintenance of “common open space,” this would appear to be a violation of the Ordinance. In addition, it would be likely to present difficulties for securing a loan or selling one of the homes in the future. The City Council addressed this issue at the December 8, 1998 meeting, and subsequently approved the change in the Comprehensive Plan designation, the rezoning and the minor subdivision. The Council then requested the Planning Commission reconsider the 13-foot lot width variances in light of the modified Ordinance interpretation. The 13-foot variance to the lot width was being requested because the R-3 District requires a 100-foot width. The parcel was originally two separate parcels and intended for two homes. The Planner indicated the home would need to meet all required setbacks, as well as provide park dedication in an amount equal to 10% of the land value.
After brief additional discussion among Commission members, Commissioners Slimmer/Hensel moved to approve a 13-foot lot width variance for Lots 2 and 3 of Block B, Saint Michael, because of the unique circumstances related to the original two lots and the predominance of similarly-sized parcels within the neighborhood. All voted aye.
Gary Gutzwiller – Findings of Fact for Variances – File 98-11/1. The Commission was provided with proposed findings of fact to attach to the variances granted on December 2, 1998, to the land located at 9561 – 45th Street NE. The proposed findings were corrected to eliminate the last half of the sentence for Item 4. The City Council did not approve a Comprehensive Plan amendment or rezone the property. Chairperson Dayon disagreed with the findings and stated his belief that they did not provide anything new on which the Commission could grant a variance. Commissioner Mariotti pointed out that both she and Dayon had voted against the variance, but that these findings were based on the reasoning of the five commissioners who voted to grant the variance. Attorney Lenhardt attended the December 2, 1998 Planning Commission, at which meeting variances were granted to the Gutzwiller property on a five/two vote. The commission then asked the attorney to prepare findings based on the Commission discussion at the December 2 meeting, as well as the public hearing held in November. Dayon again stated his opinion that these were not findings the Commission could adopt. The Commission then specifically looked at Item 2 and Item 10 which referred to “Legal, non-conforming uses.” It was agreed the word “uses” should be changed to “structures.” Commissioners Slimmer/Hensel moved to adopt the Findings of Fact and Decision, with the corrections noted. Commissioners Slimmer, Hensel, Bresin, Lutz and Slack voted aye. Commissioners Dayon and Mariotti voted nay. Motion passed 5/2.
Public Hearing – Rezoning and One-in-Forty Request – Phil Maher Estate (File 99-01/01). Chairperson Dayon opened the public hearing to consider a request for a one-in-forty subdivision, and rezoning of the newly created parcel from A-1 to A-2, Rural Residential, for the property located at 5821 Iffert Avenue NE. Planner Weigle reported Rick Berens of Lampi Auctioneers was requesting the Lot split, which was approved by Frankfort Township many years ago and is actually shown on City maps, but was never recorded with the County. The requested split would subdivide the existing farm buildings from the rest of the land. The proposed 5-acre parcel will be split from a 67.7 acre parcel which existed prior to August 1, 1978, and as such, has two entitlements. The proposed parcel is 300 feet by 720 feet deep. So that the existing barn in the northwest corner of the proposed subdivision will meet the setbacks, the applicant was asked to provide an additional eight feet to the north. Weigle said a new survey was provided this evening. Commissioners Lutz/Slimmer moved to recommend rezoning of the 5.0 acre parcel at 5821 Iffert Avenue NE from A-1 to A-2, with the condition that the Minor Subdivision is approved. All voted aye. Commissioners Slimmer/Hensel moved to recommend approval of the Minor Subdivision, creating one 5.0 acre lot at 5821 Iffert Avenue NE, with the condition that it is recorded on the deed for the remaining 62.77 acre parcel that one and only one entitlement remains on the parcel, until the property is rezoned. All voted aye. Commissioners Slimmer/Mariotti moved to close the public hearing at 7:59 p.m., with all voting aye.
Bruce Pankonen – Concept Plan for Crow River Ridge (B. Kasper Property). Bruce Pankonen of Quest Development was present to show the Planning Commission a concept plan for the development of a 16-acre parcel of land on the west side of Lander Avenue NE. The development would be contingent on final approval of the new sewer interceptor from Saint Michael to Hanover, as well as a watermain loop. Pankonen said the City Engineer has indicated this property would carry $216,000 worth of assessments. He said the parcel has been sold to his firm for residential purposes, and they plan to develop 31 single family lots, which will meet or exceed all the City’s performance standards. He pointed out there would be a four-acre wooded site that would be divided into just two single family lots for ascetic reasons. Pankonen pointed out other various details and answered questions concerning the surrounding areas. Commissioner Dayon requested that more details of surrounding properties be included with the preliminary plat application since there is some very unique terrain in the area near the Crow River. Pankonen said they would be submitting the request for rezoning and preliminary plat at the appropriate time.
Public Hearing – Conditional Use Permit – SuperAmerica – And Site Plan Review for Lot 1, Block 1, Saint Michael Business Center. Chairman Dayon opened the public hearing to consider a Conditional Use Permit for a 3,293 square foot fuel station and convenience store for Speedway SuperAmerica. City Planner Marc Weigle explained this would be the first site developed in the Saint Michael Business Center near the intersection of Interstate 94 and State Highway 241. He explained that a gas station is a conditional use in the B-1 General Business District. Since some of the conditions to which the gas station would be subject closely parallel provisions addressed in the site plan review, the Commission would look at both together. The general layout, structure location, building design and materials, as well as such items as parking, access and circulation, sidewalk and trails, landscaping and screening, and lighting were discussed. Another area of consideration was signage. Weigle had listed 12 conditions in his site plan review, and some new drawings were provided which addressed several of the issues, including the parking spaces, the building materials, additional road right of way to provide for a future four-foot median, provision of more than the required number of overstory trees, and acceptable lighting. This item of most concern was Item #8, which concerned signage. SuperAmerica had submitted a sign proposal which included one 96 square foot monument sign approximately 16-foot high and lighted; one 33.6 square foot wall sign on the building corner (lighted); one 53 square foot wall sign on the car canopy facing east, with the symbol lighted; one 53 square foot wall sign on the truck canopy facing east, also with the symbol lighted; and one 53 square foot wall sign on the truck canopy facing west, with the symbol lighted, equaling a total of 288.6 square feet of signs. They had removed several signs from the originals proposal. The ordinance allows a maximum of two wall signs on the site and there are also other requirements relating to size, type and other restrictions. Some pictures of signs similar to those being requested were shown to the commissioners. SuperAmerica felt that the signs could be addressed as a part of the Conditional Use Permit; however, that is not how St Michael’s ordinance would be interpreted. If this were a Planned Unit Development, deviations could be considered. There was some additional discussion about building materials and architectural standards, whether special consideration had to be given to diking or something in case of a fuel spill in the close proximity to the River. SuperAmerica’s engineer and project manager, Roman Mueller, was present and explained the process of filing for permits with the state and the plan it is necessary for them to put in place with the Fire Marshal. Commissioner Mariotti was concerned with the future construction of the median at the entrance. She did not want the City’s taxpayers to have to bear the cost of that construction in the future. Commissioner Slack discussed the parking and the size of the parking stalls. He suggested that increasing the width somewhat for retail would be desirable and suggested ten feet, while employee parking in the back could remain at nine feet. It was also suggested when the Commission looks at ordinance revisions, they might want to look at having different standards in retail parking lots. The applicant was meeting Saint Michael’s requirements, but Commissioner Slack asked if they would consider increasing the width of the stalls on a voluntary basis. Mueller commented on the evolution of parking stall requirements and said that although he could not see it would make much difference, it would be possible for them to give up one stall and increase the others, if that was what the Commission preferred.
Chairman Dayon asked if there was any audience comment. Al Bienias, of 4580 Nason Parkway NE, said one of the nicest things about his neighborhood was seeing the stars and the inner-city glow. He was interested in assuring that the lighting would be acceptable. He asked that the commission give consideration to future development as well to make sure there was not objectionable lighting installed. The proposed lighting on this site appeared to be acceptable. Planner Weigle also pointed out that as the overstory trees grew, they would also help to screen the site more. Bienias said that whatever the commission could do to minimize lighting on this site, and in the future, would be appreciated. Bienias also referred to the proximity to the river and what might happen and what liability there might be if there were to be a spill. Engineer Mueller explained that first of all petroleum is the easiest to clean up. He stated that as to liability, in the United States the source of the pollution is fully responsible for any costs or liability should an incident occur. It would not fall back on the taxpayers.
Dayon asked if there was any other citizen comment or input. Michael Cronin, representing SuperAmerica, introduced others present including Roman Mueller, the project manager for SuperAmerica, and Christa Crum, who will be in charge of operations for this store. He said they were there to listen and hear the Commission comments, so they would understand in the future, how the City might think about various issues and concerns. He then addressed the issue of the signage. He stated that he felt the gateway location could be considered for a special district with respect to signs. He said he did not feel they were presenting an over-signed site. He said there could be a number of ways of looking at things. Many cities have a special category for canopies which he felt were appropriate and compatible for the area. There was a lot of discussion on logos, whether canopy signs are necessary, whether any consideration could be given to signage that exceeded what is allowed by ordinance, and how signage is affected by the proximity to residential development. Cronin asked about separating the two issues. He asked if they could get their square footage down to 217 square feet, whether it could be distributed over four signs instead of two. Commissioner Bresin felt it was a lot of signage for the site. Planer Weigle felt the ordinance should be changed if the Commission was looking at allowing something different in the city gateway area. He said he was not here when the ordinance was considered, but that most communities do have exceptions for canopy signs. There was some additional discussion on the square footage and how that is figured. It was felt that City had to be fair and consistent. The Commission could take a close look at the ordinance and see if it is fair as written. Chairperson Dayon said he felt the Commission could either table a decision and let the applicant come back with another proposal, or the application could be moved forward with signage that would meet the ordinance as it is written today. Meanwhile, if the commission were to recommend any change to the ordinance, the applicant could return with a simple amended site plan. The applicant requested the matter be moved forward at this time.