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HomeMy WebLinkAbout11-18-1999 MinutesPLANNING COMMISSION MINUTES Thursday, November 18, 1999 — 7:00 PM Call To Order Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Dwyer, Vogt and Wasescha. Staff Present: Community Development Director Danielson, City Planner Richards and Community Development Secretary Hultman. Approval of Agenda Commissioner Vogt, seconded by Commissioner Wasescha moved to approve the Agenda with Americlnn and Joint Meeting With City Council added under New Business. Carried 5 -0. Approval of Minutes Commissioner Dahlquist, seconded by Commissioner Vogt, moved to approve the Minutes of October 21, 1999 as amended. Carried 4 -0, Wasescha abstained. Visitors None. 1711: �[�l a 1► A. To consider a request for a 14' rear -yard setback variance for a porch addition located at 5527 Oakgreen Place, N. Richards provided a brief overview of the applicant's request and outlined his report. Chair Hedlund opened the public hearing for comment at 7:11 p.m. Public testimony was received from Joel and Carol Lombard, 5527 Oakgreen Pl., N., Oak Park Heights. Carol Lombard addressed the Commission regarding their request and provided them with photos of their property to illustrate. She stated that when she and her husband purchased their home they were led to believe that they could build out the back of their home. She stated that the suggestion of constructing the addition to the left of their home was not feasible as it did not sync with the homes layout, would require moving their central air and NSP service, and would significantly increase the cost of the project. Additionally, Mrs. Lombard stated that she felt that an addition to the back of the home would be better in appearance than to the side. One neighbor did attend the meeting and stood up to show her support for the Lombard's request. Commissioner Vogt, seconded by Commissioner Dahlquist moved to close the public hearing at 7:16 p.m. Carried 5 -0. Commission discussion ensued as to building ordinance requirements, other options available for the addition and hardship criteria. It was the consensus of the Commission that hardship was not demonstrated so as to justify approval of the request. Commissioner Dahlquist, seconded by Commissioner Vogt, moved to recommend that the City Council deny the variance request. Carried 5 -0. Mr. Lombard questioned the Commission as to alternatives and the procedure for their request, in light of the Commission's recommendation. Community Director Danielson stated that the Commission's recommendation would be presented to the City Council at it's next meeting and would be further discussed by the Council at that time. Additionally, Danielson indicated that the City is willing to work with them to seek a solution for their objective. B. Continued Public Hearing: To consider a conditional use permit request for an auto repair -major use, including painting operation at Karmann Jacks located at 14621 60` St. N. Richards provided a brief overview of the applicant's request and outlined his report, noting that the City Council voted to approve amending the zoning ordinance to allow for major auto repair within the B -2, General Business District at their meeting of October 26, 1999. He further noted that the applicant had not yet begun operation of his business, nor has he received a certificate of occupancy from the Building Official. Chair Hedlund opened the public hearing for comment at 7:35 p.m. Public testimony was received from the applicant, Jack Ibarra, who stated that the paint and repair service is a small part of his business operation but felt that it is best that he be able to offer the service so that he would be full service for his customers. Commissioner Dahlquist, seconded by Commissioner Wasescha moved to close the public hearing at 7:37 p.m. Carried 5 -0. Brief discussion ensued among the Commission as to the original conditional use permit conditions listed within the City Planner's report of October 5, 1999. Commissioner Wasescha, seconded by Commissioner Dahlquist, moved to recommend that the City Council approve the request for conditional use permit for auto repair -major including painting operation, contingent upon the conditions listed within the October 5, 1999 City Planner's report, with condition number two modified to read subject to "finalization and publication of the Zoning Ordinance amendment." The recommended conditions for approval are as follows: The conditions for approval of the CUP for automobile sales and minor auto repair approved by the City Council on August 24, 1999 shall apply to the CUP for major auto repair. 2. Approval of the Cup is subject to finalization and publication of the Zoning Ordinance amendment to allow major auto repair as a conditional use in the B -2, General Business District. 3. Any changes to the exterior lighting will be required to conform to Section 401.15.B.7 of the Zoning Ordinance. 2 4. All automobile repair activities shall be constructed within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. 5. There shall be no exterior storage of automobile parts, parts cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 6. All noise created from operations on the site shall be in conformance with Section 401.15B.11 of the Zoning Ordinance. 7. Completion of the parking lot and curb /gutter improvements, subject to review and approval of the City Engineer. 8. The automotive repair and food operations shall be totally separated including all ventilation systems and storage of materials in conformance with the requirements of the Washington County Department of Health, Environment and Land Management and the Building Official. 9. The applicant shall receive and retain a Hazardous Waste Generators License from Washington County. 10. The applicant shall receive and retain an air discharge permit from the Minnesota Pollution Control Agency. 11. Comments of the City Council, Planning Commission, and City staff. Carried 5 -0 C. Continued Public Hearing: To consider an amended conditional use permit request for expansion of existing automobil and service facility at Stillwater Ford, Lincoln, Merc 1 described as Lot 1, B Richards provided a brief overview of the applicant's request and outlined his report, noting that the city Council voted to approve amending the zoning ordinance to allow for major auto repair within the B -2, General Business District at their meeting of October 26, 1999. Chair Hedlund opened the public hearing for comment at 7:41p.m. As there were no visitors to the public hearing Commissioner Dahlquist, seconded by Commissioner Dwyer, moved to close the public hearing at 7:41 p.m. Carried 5 -0. Discussion ensued among the Commission as to the conditions listed within the City Planner's report of October 14, 1999. Commissioner Dahlquist noted that he has observed dimmers being placed on larger lights and suggested that Stillwater Ford be requested to consider installation of dimmers. Dahlquist further stated that he would like to see the issue of light dimming be addressed within the City Zoning Ordinance. Commissioner Dahlquist, seconded by Commissioner Vogt moved to recommend that the City Council approve the request contingent upon the following conditions: 1. All automobile repair activities shall be conducted within the principal structure and all exterior service access doors shall be kept closed at all times, except for moving vehicles in and out of the service area. 91 2. There shall be no exterior storage of automobile parts, parts cars, or related items on the site. All storage shall be internal to the building. All cars to be stored outside of the building shall be visibly intact. 3. All noise created from operations on the site shall be in conformance with Section 401.15.B. I I of the Zoning Ordinance. 4. The applicant shall receive and retain any licenses or permits required by Washington County and the Minnesota Pollution Control Agency. 5. The applicant shall be encouraged, but not required, to dim the parking lot lights at night when the dealership is not open. 6. The conditions for approval of the CUP for expansion of the automotive dealership approved by the City Council on October 26, 1999 shall apply to the CUP for major auto repair. 7. Comments of the City Council, Planning Commission and City staff. Carried 5 -0. Old Business A. Burger King Conditional Use Permit Community Development Director Danielson reviewed her correspondence of non - compliance to Dolphin Real Estate, updated the Commission as to the history of the project and informed them that non - compliance to the terms of the conditional use permit allows for revocation of the permit. She noted that the attorney for Burger King has contacted her and that she anticipates receipt of a development application for building alteration. She further noted that if this information is not received prior to November 23, 1999 revocation of their conditional use permit is being recommended. Brief discussion commenced by the Commission as to the situation at hand and what is anticipated. Commissioner Dahlquist, seconded by Commissioner Wasescha moved to recommend that the City Council cancel the Conditional Use Permit issued to Burger King unless they have applied for design review consideration prior to November 23, 1999. Carried 4 -0, Vogt absent. B. AmericInn Community Development Director Danielson updated the Commission as to the status of the project and what Council direction has been taken to date. 11 New Business A. Central Business District Master Plan Community Development Director Danielson summarized the evolution of the project, beginning with the Central Business District community workshop. She informed the Commission of the projects design criteria and principles and displayed the design concepts generated. She noted that the City and the major landowners are the CBD group and that they have been working collectively on the project. She also displayed the master plan selected by the group. The master plan encompasses the best of both the design concepts generated at the workshop. She described the "feel" of the community encompassed within the master plan, depicting typical street layout, green areas, downtown section and housing location and styles. She explained the breakdown of population density for the project with respect to dwelling units and suggested parking ratio. Danielson pointed out that the plan is in the concept stage at this point and is likely to be done in a series of phases, possibly by more than one developer. Finally, she noted that the City Council has endorsed the master plan and has authorized going out for proposals for the development. This is expected to take place in early December, 1999. The City Council has also authorized Danielson to investigate various funding options for the project. Donna Gray, 14812 58` St. N., 43D, Oak Park Heights, expressed her concern over there being too many hotels in one area and is concerned about the CBD area and surrounding areas becoming "hotel row." B. Update Council Representative Schedule December 28, 1999 January, 2000 February, 2000 March, 2000 April, 2000 May, 2000 Commissioner Wasescha Commissioner Hedlund Commissioner Wasescha Commissioner Dwyer Commissioner Dahlquist Commissioner Vogt - Tentatively C. Scheduling of Joint Workshop with City Council Discussion of potential dates for Danielson to bring to the City Council for coordinating workshop date and time. Commissioner Dahlquist expressed his concern that the intent of communication from the Planning Commission to the City Council is being understood and suggested that a solution for better communication would be to have the City Council Liaison play a more active role. Danielson stated that this was a subject that could be discussed at the workshop. 5 Informational /Update A. City Council /Commission Meeting Follow Up Agenda(s) Receipt acknowledged by the Commission. B. Weekly Notes Receipt acknowledged by the Commission. Adjournment Commissioner Wasescha, seconded by Commissioner Dahlquist, moved to adjourn at 8:40 p.m. Carried 4 -0, Vogt absent. Respectfully submitted, rA Julie A. Hultman Community Development Secretary 0