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Home My WebLink AboutCC 01-30-1991 ....' . . . MINUI'ES OF THE ARDEN HILlS SPECIAL COUNCIL MEEI'ING WEDNESDAY, JANUARY 30, 1991, 5:00 P.M. - CITY HAIL Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 5:00 p.m. ROLL CALL '!he roll being called the following members were present: Mayor Thomas Sather, CounciJ.rnembers Nancy Hansen, Paul Malone, JoAnn Growe and '!homas Mahowald. Also present: Planner John Bergly, Fire Chief Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CALL 'ill ORDER ADDPI' AGENDA Malone moved, seconded by Growe, to adopt the January 30 Agen:la as sul::mi.tted. Motion carried unanimously. (5-0) PUBLIC o::M1ENI'S None. DISC; INTERIM USE EXISTING BILIG., 3771 LEXINGION AVE., ROBERI'S PROPERI'IFS Council was referred to the memorandum from Planner Bergly dated 1-21-91, relative to the request from Robert Properties and ZEDS International to occupy an existing b..1ilding at 3771 Lexington Avenue, in the Lexington Avenue study Area, as an interim nonconforming use. Planner Bergly briefly reviewed the background of zeos International and the operation of the c:x:mpany. He stated that due to rapid growth, Zeos is segmented in three locations in neighboring coonnunities and is atterrpting to lease the entire 64,000 sq. ft. facility at 3771 Iexington Avenue to consolidate operations. The Planner stated the property was recently rezoned from an I-2 General Industrial District to a B-2 General Business District and a plan for a shopping center was sul:mitted with the rezoning application. In December of 1990, the Planning Commission held a public hearing on a Corrprehensive Plan Amendment and Zoning Ordinance amendments which proposes a change of this property from a B-2 District to a newly =eated B-3 District. Bergly reviewed the implications of the new B-3 District, as described on page 3 of his report. Bergly des=ibed the mixture of uses proposed for the Iexington Avenue facility and the square footage each use will occupy_He noted the assembly of electronic equipment and storage of parts for assembly of equipment are not permitted uses in the existing B-2 district or the proposed new B-3 district, however, both uses would be allowed as "acx:essory" uses as part of a larger permitted principal use. Bergly advised the office and retail sales uses are permitted uses in the existing B-2 and proposed B-3 districts. The Planner reviewed four optional actions for Council consideration: 1. Change the Zoning back to the I-2 District; the proposed use of the facility would be allowed as a pennitted principal use, however, this action would not be consistent with long range plans of the Lexington/Fox Business Center. 2. Allow the use to occur as a permitted use (office and retail sales components) with accessory uses (assembly, repair and warehousing components), requiring a variance from the 30% of space allowed for accessory uses_ I . . . Minutes of the Arden Hills Special Council Meeting, 1-30-91 Page 2 INTERIM USE (Cont'd) 3. Due to the 1lUlltiple components of the operation, none of which is a principal use, special action =uld be taken to allow the use as a permitted ''mixed-use facility". 'lb.e present ordinance does not discuss such 1lUllti-use, single tenant situations, however, Section V,C of the Zoning Code includes a provision that allows a recarmnendation fram Planning Conunission to Council to determine whether = not a proposed use falls within a permitted use and/= special use category. 4. Allow as a Continuation of the Previous Principal User - ''Mayflower Moving and storage". The previous use became a nonconforIlliD3" use when the property was rezoned fram 1-2 to B-2. If a nonconfonning use is rli<:r'f"\ntinued f= a one-year period, it shall not be allowed to start up again unless it confOJ::1llS to regulations; Mayflower occupied the premises until May 31, 1990, therefore, a continuation of a smlar use would be permitted pri= to May 31, 1991. The Planner reported that he discussed the above options with Attorney John Miller, an associate of City Attorney Jerry Filla, and Miller indicated options #3 or #4 would be acceptable for Council consideration. Miller also indicated he preferred option #3, which is addressed in the zoning Code urrler Section V,C. Bergly advised he toured the facilities this ~y currently leases in New Brighton and was inqJressed with the operation; it is apparent Zeos has out grown the facilities and needs additional space and parking to aCCOllll\lOdate employees. 'lb.e Planner explained the operation is less intense than the normal warehousing uses; it appears to be more of an office type setting. Representatives fram Zeos International, James streicker and Bill Barkley, and property owner Scott Roberts were present to answer any questions. Councilmember Mahowald questioned the rationale for expediting this request and not following the normal procedures. Bill Barkley explained the ~y need for additional space and centralization of inventory to meet the growing denand for the product. He explained the Lexington Avenue facility has two tenants and the property owner preferred to allow some time for notification to the existing tenants that their lease will not be renewed and time to find relocation facilities. Mayor Sather advised that the Planning Commission would normally review such requests, however, the regular Planning meeting scheduled for February was cancelled. He note:i that Council has the final authority to role on Planning recarmnendations and although it has always been consensus of Council that it is not preferable to bypass the Conunission, Council has occasionally taken those responsibilities. eouncilmember Mahowald expressed concern that a precedent will be set which allows applicants to bypass the regular process of review by Planning Commission and that all aspects of the long tenn irrpact of this decision have not been fully reviewed by staff and Council. He also stated there does not appear to sufficient rationale to make an exception fram the review process. eouncilmember Malone agreed with processing requests through the proper procedures, however, he note:i in this instance the review is f= a tenant to occupy a existing building, not a developer proposing to construct a new facility with a nonconforIlliD3" use. 4 . ,. . Minutes of the Arden Hills Special Council Meeting, 1-30-91 Page 3 INTERIM USE (Cont'd) Bergly explained that the only portion of the process that is circumvented from review by Planning Connnission is defining if the use is pennissible; all other factors will be taken through the regular Planning review process. He stated the applicant will still be required to meet all applicable requirements such as parking, signage, traffic circulation and access. Malone moved, seconded by Hansen, to resolve that the b.1siness described as Zeos International, is a multiple =POJ1ent operation and represents an acceptable interim "mixed-use facility" in a B-2 Zoning District, and upon hearing information relative to all facets of the b.1siness operation, Council determined the operation meets the definition of a mixed-use facility and is campatilile with pennitted uses in a B-2 District. Motion carried. (Malone, Hansen, Growe and sather voting in favor; Mahowald owosed) (4-1) . Hansen moved, secon:ied by Growe, to refer this matter to the City Attorney for review of the language contained in the motion approving the Zeos International operation and use as pennissable, to insure the language reflects that this is a unique circumstance and will not set a precedent f= future requests, and that approval of the motion is contingent upon recammended approval from the city Attorney. Motion carried. (Hansen, Growe, Mahowald and sather voting in favor; Malone opposed) (4-1) Council directed staff to forward the information to the City Attorney. Councihnembe.r Hansen questioned if the Fire Chief has any concerns regarding the proposed. use of the facility. Winkel stated some of his initial concerns were addressed in discussions with the company representatives. He advised that he will review remodeling plans for the building interior with the Building Inspector and requested the company suJ:xnit a list of any chemicals which are proposed for storage at the facility. Planner Bergly reminded Zeos representatives and the property owner that the operation of this facility must be in compliance with all zoning requirements related to the proposed use. Councihnembe.r Malone questioned if the property owner has any plans f= upgrading the facility exteri= and noted the rooftop mechanical equipment must be screened, as required by ccxie. Scott Roberts indicated some plans for an upgrade of the exterior have been discussed and Zeos representatives agreed to comply to all applicable zoning, building and fire ccxie regulations. Councihnembe.r Hansen suggested future discussion of this type of mixed-use facility, as it appears this type of operation is becaming fashionable. Councihnembe.r Hansen left the meeting at 6:00 p.m. OJUNCIL ro1MENrS None. . b~~ Clerk Administrator Malone moved, seconded by Growe, that the meeting be adjourned. at 6: 15 p.m. "Mot~: ta:-.4-O) 'IhornasR.Sather Mayor ADJOURN