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2006.09.11 PC Meeting Minutes (unsigned) CRYSTAL PLANNING COMMISSION September 11, 2006 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 pm with the following members present: Sears, Davis, Nystrom, Whitenack, VonRueden, Buck, Brennan and Strand. Also present for the city were Council Liaison Joselyn, the following staff: Matthews, Sutter and Zimmermann. B. APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Strand to approve the minutes of the August 14, 2006 regular meeting. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2006-16 for Site Plan Review for a retail building at th 4824 56 Ave N Mr. Zimmermann summarized the staff report, noting that staff does have concerns about the traffic. Mr. Zimmermann stated that after the meeting packets were prepared, he received an email from Joe Miller of 5530 Quail Ave N that he would like to read. The email from Mr. Miller stated that he could not attend the meeting but that he would like it to be known that he opposes this project. Discussion commenced among the commission members and Mr. Zimmermann. Public Hearing opened. Ron Stocke of 5609 Orchard Ave N stated that he is in favor of this project. He also stated that he would like to see the trees that were added to the site plan moved back to help prevent accidents. Tom Barbeau of Barbeau Architects and representing the owner of the property stated that they are considering irrigation and possibly doing something with the existing fence that would help with the traffic vision problems. He stated that they are considering a neutral color scheme for the project in two different tones with contrasting awnings. Katie W, resident of Crystal, stated that she was there with many of her neighbors and has a significant history in the neighborhood. She and her neighbors are concerned about the traffic. They are concerned about the upkeep of the new buildings because of the history that the gas station has. It has not been kept very well. They are also concerned about the issue of potential tenants versus long term tenants, that there is a big difference between the two. Widestrom also stated that she saw the new sign put up at the gas station, and thought that maybe this was good faith effort being put forward by the owner that he was now trying to keep things looking nice for the neighborhood. Widestrom stated she was pleased to hear that there would be a restriction on the hours of operation being that it is located by a residential neighborhood. th Girma Fita of 4800 56 Ave N stated that when he bought the gas station three years ago it was in bad condition and he has been trying to fix things as he can. Fita stated that the new building would not be like this because he would start out with it being new and he would continue to keep it in excellent condition. Public Hearing closed. Moved by Commissioner Whitenack and seconded by Commissioner Sears to recommend to the City Council to approve Application 2006-16 for Site Plan Review th for a retail building at 4824 56 Avenue North. Chair Davis and Commissioner Nystrom stated that they recommend that staff th continues to try to work with Hennepin County to make improvements to 56 Avenue North to help solve the traffic issues. Motion carried 2. Consider Application 2006-17 for a one year extension of a previously issued interim, temporary Conditional Use Permit of Highview Alternative Program at the former Cavanaugh Elementary School, 5400 Corvallis Avenue North. Mr. Zimmerman summarized the staff report. Discussion commenced among the commission members, Mr. Zimmermann and Mr. Sutter. Public hearing opened Jim Gerber representing Independent School District 281 stated that based upon the county’s road design it looks like the school district would be moving some of its uses from this building to another location. The school district would like to meet with staff at some point in the future. Public hearing closed Moved by Commissioner VonRueden and seconded by Commissioner Brennan to recommend to the City Council to approve Application 2006- 17 for a one year extension of a previously issued interim, temporary Conditional Use Permit for the Highview Alternative Program at the former Cavanaugh Elementary School at 5400 Corvallis Avenue North. Motion carried 3. Consider Application 2006-18 for a Preliminary Plat of the Crystal Economic nd Development Authority Third Addition at 5720 32 Avenue North. Mr. Sutter summarized the staff report. Public hearing opened Public hearing closed Motion carried Moved by Commissioner Nystrom and seconded by Commissioner VonRueden to recommend to the City Council to approve Application 2006-18 for a Preliminary nd Plat of Crystal Economic Development Authority Third Addition at 5720 32 Avenue North. Motion carried 4. Consider Application 2006-19 for a Zoning Ordinance Text Amendment. Mr. Sutter summarized the different sections of the proposed zoning text amendments. Mr. Sutter stated to the planning commissioners that they could remove any of the sections so they wouldn’t be approved as one whole motion. Chair Davis expressed his concern about internal expansion mentioned in 515.01 Subd 8. Commissioner Sears expressed the same concern. Mr. Sutter clarified what the intent of the proposed language is meant to do. Discussion commenced among the commission members and Mr. Sutter. Mr. Sutter stated that staff could redraft this section H of the proposed text amendment, and remove section I to address the changes that the planning commission wishes to see. Commissioner VonRueden asked for clarification if putting in an egress window would be considered internal or external expansion. Moved by Chair Davis to separate this one out and recommend amendment of 515.01 Subd. 8, including changes from staff recommendation. Public Hearing opened John Paulson Sr. of 320 N Edgewood Drive stated that he is opposed to all of the zoning text amendments being considered together because one of them affects Application 2006-14. Chair Davis stated that the commission will be separating out by sections so each one can be dealt with separately if necessary. Public Hearing closed. Chair Davis stated that he will continue with his motion. Moved by Chair Davis to separate Section 515.01 Subd. 8 and recommend amendment of 515.01 Subd. 8, including changes from staff recommendation, and seconded by Commissioner Whitenack to recommend approval to the City Council the above stated zoning text amendment as part of Application 2006-19. Motion carried Chair Davis suggested at this time that they also separate out the amendment for section 515.57 Subd. 3 f). There was no objection from the commissioners to separate this from the rest of the proposed text amendments. Chair Davis stated that the remaining proposed text amendments are not controversial and that the commission should proceed with the rest of the proposed changes as they are grouped. Mr. Sutter proceeded to go through the remaining proposed sections of zoning text amendment. Mr. Sutter clarified section 515.05 Subd. 2 for the commissioners. There were no questions. Mr. Sutter clarified section 515.09 for the commissioners. Commissioners and Mr. Sutter discussed the recommended changes from the building official regarding concrete slabs being required as floors for garages and carports for this section. Mr. Stutter clarified section 515.13 for the commissioners. There were no questions. Mr. Stutter clarified section 515.49 Subd. 4 for the commissioners. There were no questions. Public Hearing opened Public Hearing closed Motion made by Commissioner Whitenack and seconded by Commissioner Nystrom to recommend to the City Council to approve the above stated sections of proposed Zoning Text Amendment from Application 2006-19 with the exception of withdrawing the two sections 515.01 subd 8 and 515.57subd 3f) for separate votes. Motion carried Mr. Sutter stated that the remaining section 515.57 Subd. 3 f) involves discussion of Planned Development. Mr. Sutter went on to explain that a flaw in this section of the code was discovered by the city during the review of Application 2006-14. The city’s current code is out of sync with surrounding cities. Chair Davis asked for clarification on the purpose and the term Planned Development. Mr. Sutter read the definition from the City of Crystal’s current Zoning Code. Public Hearing opened John Paulson Sr. of 320 N Edgewood Drive stated that he is against this section of the zoning text amendment. Commissioner Sears asked Mr. Paulson where his establishment was. Mr. Paulson stated that it was across the street from the proposed building. Commissioner Sears explained that when he moved to Crystal nothing higher than 18’ was allowed and that times do change and the city must allow for change and development within reason. Commissioner Whitenack suggested that this item be kept separate from Application 2006-14 because it is indeed a separate item. Tony Kuechle of United Properties asked Mr. Sutter what cities did he compare this section of code to. Tony Kuechle stated that its common that cities actually prefer developments with higher pitched roofs. Alan Tschide; attorney for John Paulson Sr. approached the planning commission and ask a number of questions of Mr. Sutter. Tony Kuechle asked if the commission was specifically discussing his project now or the change to the code. Chair Davis stated that the commission is discussing the code change not the project. Dave Dahl of 4255 Kingsview stated he is a part owner in the apartment building with the Paulson He stated that bending the rules helps the city, and sometimes helps the people. But in changing this portion of code about Planned Development what does the city get in exchange. Commissioner Strand stated that she also thought that this should be a separate item from the application that triggered this. Strand stated that this has happened before concerning the zoning code text changes. Something comes to light and trigger the change, such as the city’s street projects and the code pertaining to driveways and curb cuts. Strand stated that there have been other instances as well, and hopes that everyone can make the distinction and keep the two items separate. Public Hearing closed. Moved by Chair Davis and seconded by Commissioner Buck to recommend to the City Council to approve Zoning Text Amendment section 515.57subd.. 3 f) as written by staff. Motion carried 5. Consider Application 2006-20 for a Lot Division at 5354 Douglas Drive North Mr. Sutter summarized the staff report. Commissioner Buck asked if there were two or four garage stalls. Mr. Sutter stated that there are two double stall garages. Public Hearing opened Public Hearing closed Moved by Commissioner VonRueden and Seconded by Chair Davis to recommend to the City Council to approve Application 2006-20 for a Lot Division at 5354 Douglas Drive North. Motion carried D. OLD BUSINESS 1. Consider Application 2006-14 for Planned Unit Development (Preliminary Plat, Rezoning, and Site and Building Plan Review) for a 4-story, 75-dwelling unit senior cooperative on a portion of the property at 3420 Nevada Avenue North Mr Sutter stated that this application was continued over from the August meeting. Sutter summarized the staff report and highlighted the main points. Discussion commenced amongst the commissioners and Mr. Sutter. Public Hearing opened Commissioner Whitenack asked about the amount of the fill on the site and if any could be excavated to lower the topography. Tony Kuechle from United Properties spoke and reiterated the highlight of the project. Kuechle stated that they are willing to work with staff and the Paulson family to come up with a solution that would please everyone involved. Commissioners Sears had the same suggestions about excavating more to lower the building or the actual site. Discussion continued amongst Whitenack, Davis and Kuechle about this issue. Chair Davis asked if financial information could be provided to the city council to help inform them about the project. Alan Tschide lawyer for John Paulson Sr. stated that they do not like this project and they do not like the height of the building. Tony Kuechle stated that United Properties has complied with all the requirements that the Paulson family continues to have concerns about. Kuechle stated that they are willing to continue to work with staff to come up with a solution that will address the Paulson family’s concerns. Public Hearing closed Moved by Chair Davis and seconded by Commissioner Sears to recommend to the City Council to continue to a future meeting the discussion of Application 2006-14 for a Planned Development (Preliminary Plat, Rezoning, and Site & Building Plan Review) for a 4 story, 75-dwelling unit senior cooperative on a portion of the property at 3420 Nevada Avenue North. This includes the commission’s direction to staff to work with the developer to: 1. Try to mitigate the height of the building – especially the north end of the building. 2. And/or mitigate the height by changing the topography of the land. 3.Relocate the building further south. 4.City staff to do the numbers for coverage for what is left of the church property. Motion carried E. NEW BUSINESS F.GENERAL INFORMATION Mr. Sutter gave a referred to the summary of Council actions and stated that the Council’s action on the last item that went to council was not consistent with the planning commission’s recommendation. Mr. Sutter stated that there might not be a Planning Commission meeting for October. G. OPEN FORUM H. ADJOURNMENT Moved by Commissioner Nystrom and seconded by Commissioner Brennan to adjourn. Motion carried. The meeting adjourned at 10:35 p.m. ____________________________________ Chair Davis ____________________________________ Secretary Strand