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2009.01.12 PC Meeting MinutesPage 1 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES January 12, 2009 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears Page 2 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc Jason Zimmermann explained that they meet minimum code with 2 spaces per unit plus the two garage spaces for a total of 6 parking spaces. The lot coverage was very close to the maximum for this project. Commissioner VonRueden opened the Public Hearing. The following were heard: Janet Moore asked if the four planned rain gardens will capture all water from the parking area or just from the roof top. Jason Zimmermann said the architect may best be able to answer this question, but it appears it will capture roof run off. Ms. Moore asked why this project included rain gardens when the Crystal Gallery Mall discussed a couple of months earlier did not include rain gardens. She asked whose idea it was to include the rain gardens in this project. Jason Zimmermann indicated it was the applicant’s idea to include the rain gardens in the design. Mary Blanchard addressed the commission with questions regarding the notice she received about this project. The notice said that the residents were dual diagnosis and homeless. Mary Roehl, Living Works Lodge, explained the residence is for adults with chemical dependency issues but have completed treatment and may also have mild brain injury or residual effects of a stroke. Ms. Blanchard also asked about the landscaping along the driveway. Larry Opelt, Architect, indicated there will be a retaining wall along the driveway and the rain gardens will take in some of the driveway run off and roof run off. Mr. Sutter indicated that a according to the plans the maximum height for the retaining wall is 3.8 feet, and that the subject property will be lowered relative to the property to the north. Hearing no further comments, the Public Hearing was closed. Planning Commission discussion: Commissioner Strand wished to comment on the Living Works building located at 32nd Ave and Douglas. Ms. Strand stated she lives near the property and it is very nice and a gem in the neighborhood. Commissioner Sears acknowledged that there is a need for this type of housing. He also expressed his appreciation for including the rain gardens in the design. Commissioner Nystrom asked how many cars might go in and out of the property during the course of the day. Mary Roehl said there is really no answer to that. Ms. Nystrom asked if the 12 people included workers. Ms. Roehl stated that it did not and there is one staff member there during the day, part time. They anticipate the residents will be working, volunteering and active. No staff lives on site. Moved by Commissioner Davis and seconded by Commissioner Nystrom to recommend to the City Council to approve Application 2008-16 for Site Plan Review for a duplex to Page 3 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc be used as a supportive housing facility at 3255-3257 Douglas Drive North including the recommendations made in the staff report. Motion carried. 2. Consider Application 2008-17 for Site Plan Review for a second story addition to an existing office building at 5618 56th Avenue North. Jason Zimmermann presented the staff report. In addition, a printed copy of comments from a neighbor was left on the dais for each commission member. The Public Hearing was opened. The following were heard: Harold Creek asked if this property could become retail at some point in the future. Mr. Zimmermann indicated that it could. Mr. Creek expressed his concern with this change for this property. There is a park behind the property, between two residential properties and ideal for a residential property. Also, changing from an insurance office with minimal traffic to an office with 10 employees concerns him. Mr. Zimmermann was able to answer most of his questions via email, but he is still concerned with the effect this may have on his property values. The applicant, Brent Johnson, stated they only do outside sales, no show room sales, and customers would not be coming to the office. They do not sell products, but provide restoration services. They anticipate having nine employees at the site including four sales staff. The basement space is too low to remodel for office space, thus this request to add the second floor. Materials are delivered to job sites. The only materials to be stored in the basement are house wrap and house wrap tape. Mr. Zimmermann suggested that the Planning Commission could add language that would restrict outdoor storage of materials to the motion. Mr. Creek again made mention of his concern that, should this property become retail at sometime in the future, the effects it may have on the neighborhood. Mr. Creek also made mention of the poor condition of the fence. Jason Zimmermann said that retail space is a permitted use. However, any application for such would trigger different parking requirements, as neighborhood commercial has more restrictions and any change in use may trigger other building and fire code issues. There is no finding of fact to deny this application as it does meet city code. Brent Johnson, Direct Exteriors, noted that the property has been vacant for several months. The property also has an odd lay out and in order to make the property usable, it needs to be remodeled. He feels the property is priced too high to be residential. He does not have any issues with making any improvements to the fencing on the property. Mr. Zimmermann suggested that the commission include in their motion that all portions of the chain link fence must be repaired, replaced or removed. Page 4 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc Mr. Creek stated that he does not want any change in fencing that would make him feel like he is living in a fort. Commissioner VonRueden said it sound like the applicant is willing to work on the fence and with the city. The Public Hearing was closed. Planning Commission discussion: Jason Zimmermann asked the commission to include recommendation #12 – no outdoor storage of materials, equipment or refuse. Commissioner Sears asked if the tower (referring to the architectural style of the two corners of the addition) were just a cosmetic addition to the property. Mr. Johnson confirmed that they were. Commissioner Sears noted that although there are no doubt sufficient windows from a building standpoint, additional windows on the sides of the towers might add to the neighborhood appeal of the building. Commissioner Sears also asked about the exterior surfaces of the building. Mr. Johnson indicated they would be saving the stucco and adding stone and cement board siding. Moved by Commissioner Nystrom and seconded by Commissioner Buck to recommend to the City Council to approve Application 2008-17 for Site Plan Review for a second story addition to an existing office building at 5618 56th Avenue North. In addition to the recommendation made by staff the following should be included: 11. The fence (and screening slats) along the east and north property line shall be repaired, replaced or removed. 12. There shall be no outdoor storage of any material, equipment or refuse. Staff would also work with the applicant to increase the aesthetics of the property by including more windows in the design plan to increase the property’s appeal in a largely residential neighborhood. Motion carried. 3. Consider Application 2008-18 for a Zoning Text Amendment and Conditional Use Permit to add a fueling station at 5301 36th Avenue North (Cub Foods). Jason Zimmerman presented the staff report. Commissioner VonRueden asked if the area on the site plan that is cross hatched has stop signs also. Mr. Zimmermann thought it did, but Cub staff might be better able to answer that question. Commissioner Davis stated that the normal flow of traffic is in front of the store. He commented that it will take a major change in behavior to move the traffic to the north end of the lot. Page 5 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc Commissioner Sears asked if the 24 hour gas pumps will be credit card swipe pumps only or if there will be a cashier at the pump. Ann Thies, Real Estate Manager, SUPERVALU, stated that the pumps will be 24 hour card reader, with staff on duty during normal business hours. The card reader 24 hour pumps are a service to their customers. Ms. Thies stated that she would verify the stop signs in front of the store before the council meeting. Ann Thies asked if condition #9 that restricts storage of any merchandise or materials includes sales of windshield wash and salt at the pumps. Mr. Sutter asked how these items would be purchased when there is no attendant, what kind of materials are being considered, and are these items locked up when no attendant is present? These questions will need to be discussed with the applicant as this has not come up before this meeting. Ann Thies also asked if the process will be held up if they are not able to make contact and an agreement with the owner of the liquor store as required by condition #2. They have attempted to make contact but there has been no response from the owner. Mr. Sutter noted that the east bound traffic out of Cub is the prominent action and is very important for the safety of the drivers that the intersection be properly controlled. It is necessary that the private drive is appropriately signed as a four-way stop for safe traffic flow. Commissioner Sears asked if the Police Department had any comments on this application. Jason Zimmermann stated that Police had reviewed the application. Their concerns were with the traffic. With 24 hour use they had no additional concerns because the store is open 24 hours. The Public Hearing was opened. The following were heard: Craig Benson asked if any consideration is being given to the adjoining neighborhood because of the extra light from headlights exiting around the rear of the building and gas station lighting. He asked if there could be additional tree barriers or anything else to help reduce the additional light. Gretchen Landini, Westwood Professional Services, noted that the gas station canopy lights are can lights which will direct light down, not toward the adjoining neighborhood. Ann Thies added that they do not have the delivery times for gasoline and patrons will be encourage to use the north exit. Mr. Sutter stated that when the store is busiest, it would most likely be during hours when headlights would not be in use. So even if customers exited around the rear of the building it would likely have only a minimal effect on the neighbors. During hours that headlights are in use, the store would likely not be a busy and customers would egress through normal traffic routes. The lighting, in general, is restricted to .4 foot candles at residential property lines. With the distance involved between the gas station and the neighborhood it is not likely to be an issue. The vacant MDOT parcels are being considered by the Economic Development Authority. If purchased, the lots would be made available for single family homes. Part of the landscape and lot design requirements would be to create additional buffer for the houses to the south. Page 6 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc Janet Moore asked if the surface water management plan was the idea of the applicant. Mr. Zimmermann indicated it was a group consensus. Ms. Moore also voiced her concern about the possible outdoor storage of salt. She mentioned the possible contamination of water when bags break and are not cleaned up correctly. Jason Zimmermann noted that a condition of this approval could be a photometric plan along with the Building Permit Application. Mr. Zimmermann also wished to make mention during the Public Hearing portion of this discussion that Brenda Donato had concerns about vehicles exiting behind the store. Her concerns were addressed at time of the phone call because this is most likely to occur at times of day when it would not disturb residents. Ms. Donato had also asked about speed bumps being placed at the rear of the building and Mr. Zimmermann stated that he would make that comment known this evening. If the rear exiting should become an issue, speed bumps may be something to consider. Moved by Commissioner Nystrom and seconded by Commissioner Buck to recommend to the City Council to approve Application 2008-18 for a Zoning Text Amendment to allow a fueling station at 5301 36th Avenue North including the Findings of Fact as noted in the staff report. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Davis to recommend to the City Council to approve Application 2008-18 for a Conditional Use Permit to add a fueling station at 5301 36th Avenue North including the Findings of Fact as noted in the staff report and item #10 to include submission of a photometric plan along with the Building Permit Application. E. OLD BUSINESS –None heard F. NEW BUSINESS – None heard G. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items. Commissioner Davis asked when the telephone tower issue might be coming back to the Planning Commission. Mr. Sutter indicated that maps of proposed sites had been requested of T-Mobile and other providers were being asked to provide the same. This information would be discussed at a council work session. The work session has not yet been scheduled. Commissioner Stand mentioned an article in the Star Tribune that discussed how other local cities were addressing the issue. Mr. Sutter and Mr. Zimmermann will be attending a class that will address this issue, also. Commissioner VonRueden is interested in hearing how other cities are handling the cell phone towers and the possible health issues involved. Mr. Sutter said state law precludes the city from considering the health effects of radio waves. Therefore, staff will be considering the locations and land use considerations. Commissioners Sears and Strand both Page 7 of 7 J:\PLANNING\Planning Commission\2010 and earlier\2009\01.12\minutes.doc commented on their desire to keep the towers out of parks. Mr. Sutter noted that it was the minimum parcel size requirements that left parks as being available for towers, but elimination of minimum parcel size would create other location problems so there is a trade off. 2. Development Status Report for quarter ending December 31, 2008, was provided. 3. Staff preview of likely agenda items for the February 9, 2009 meeting. The deadline is Friday, January 16, 2009. One variance request is expected prior to the deadline for consideration at the February 9, 2009, meeting. H. OPEN FORUM I. ADJOURNMENT Moved by Commissioner Buck and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 8:47 p.m.