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HomeMy WebLinkAboutPC 06-04-2003 . - MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION . WEDNESDAY, JUNE 4, 2003 7:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:02 p.m. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Elizabeth Modesette, Megan Ricke, Cathy Smithknecht, Clayton Zimmerman, and Chair David Sand. Absent: None. Also present were Council Members Gregg Larson and Lois Rem, Director of Community Services Aaron Parrish, City Planner Peter Rellegers, and Recording Secretary Kathleen Altman. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON MAY 7, 2003, . Commissioner Zimmerman requested the following changes: Page 5, last sentence change Mollowski to Murlowski. Page 6, 4th paragraph, change Mallowski to Murlowski. Page 7, first paragraph, second sentence, change as to is. Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the May 7, 2003 minutes as amended. The motion carried unanimously (7-0). PUBLIC HEARINGS A. PLANNING CASE #03-14 - KTJ LIMITED PARTNERSHIP SEVENTY-NINE, 3673 LEXINGTON AVENUE SOUTH; PUD AMENDMENT (SHANNON SOUARE) Chair Sand opened the public hearing at 7:03 p.m. Mr. Hellegers stated applicants were requesting an amendment to the approved Planned Unit Development to allow for an addition of 3,600 square feet. Staff recommended approval of the PUD Amendment subject to the eight conditions as listed in their June 4, 2003 report. . Commissioner Zimmerman asked if the addition was larger than 3600 square feet because it included the existing convenience store and asked if that had been taken into consideration for parking. Mr. Rellegers replied that had been taken into consideration when they prepared the parking requirements. - ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 2 . Chair Sand invited anyone for or against the Concept Plan to come forward and make comment. Paul Tucci, Oppidan, stated 3,600 feet of new retail would be added onto the existing convenience store. He noted they had added 20 stalls for parking and had also added new landscaped areas. He summarized the elevation of the building for the Commission. Rick Petri, attorney on behalf of Mr. Artoli (?sp), operator of the convenience store. He stated they were in opposition to this proposal. He indicated there might be some litigation involved to determine the validity of the sub-lease. He stated he had spoken with applicant earlier this evening, but he had just received the file today and was not fa111iliar with all 0 I' the facts. Chair Sand asked who was the lessee. Mr. Petri replied it was Mr. Tucci's company. He stated he understood this lease was a subject in a bankruptcy proceeding. He noted there were many unanswered questions at this point, but he wanted to make the Commission aware oftheir opposition. Mr. Tucci stated they bought Shannon Square from the previous owner and during the process the lease with Avante (?sp) had been rejected under their bankruptcy proceedings. He noted there was a sublease between Avante and Mr. Petri's client that had a provision that said if there was a termination of the original lease, the sublease also . terminated. He indicated they would need to figure out where to go, but he believed they had a right to do this. Commissioner Ricke stated if they approved this tonight, their decision had nothing to do with the lease or bankruptcy issues. Mr. Parrish replied the tenant issues were not material to their PUD approval. Commissioner Larson asked if they approved the PUD, did Mr. Petri feel it would prejudice the case. Mr. Petri replied he did not believe so. Mr. Artoli (?sp), owner of convenience store, stated he had occupied the space since December, 2002. He stated he had met with Mr. Tucci on Monday and the bal1kruptcy was filed on May 13. He indicated there might be some legal ramifications regarding this and he wanted to make the Commission aware of the situation. He stated all of the other tenants were remaining and he believed it was out of convenience that he was being taken out. Chair Sand closed the public hearing at 7:24 p.m. Commissioner Larson asked if there would be any difficulty with the loading dock and getting into this facility. Mr. Tucci stated the trailers would come up the center entry and go around back. . Commissioner Modesette asked if they had given consideration to just leaving the gas station and convenience store. Mr. Tucci stated their goal was to try and pursue the extra square footage. He stated no leases had been signed yet. He stated if the circumstances did not allow this, they would have to work around it. < ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 3 - Chair Sand stated whatever action they took tonight they were not making with any intent of impacting the lease issues or bankruptcy action. Commissioner Zimmerman asked if they owned title to this property. Mr. Tucci replied they had title to this property as sole owner. Commissioner Larson moved, seconded by Commissioner Ricke to recommend approval of Planning Case No. 03-14, KTJ Limited Partnership Seventy-Nine, 3673 Lexington Avenue North (Shannon Square), PUD Amendment, subject to the eight conditions as listed in staffs June 4, 2003 report. The motion carried unanimously (7 -0). B. PLANNING CASE 03-03: CITY OF ARDEN HILLS. COUNTY ROAD E-2 AND CLEVELAND A VENUE COMPREHENSIVE PLAN AMENDMENT AND C. PLANNING CASE NO. 03-03: CITY OF ARDEN HILLS. COUNTY ROAD E-2 AND CLEVELAND AVENUE, REZONING/COMPREHENSIVE PLAN AMENDMENT/REZONING AND COMPREHNSIVE PLAN AMENDMENT . Commissioner Modesette stated because she owned property in this area, she would be joining the audience and excused herself from the dais. Chair Sand opened the public hearing at 7:29 p.m. Mr. Rellegers stated at the May 7, 2003 meeting, the Planning Commission tabled the public hearing for consideration of a Comprehensive Plan Amendment for certain properties generally located south of County Road E-2, west of New Brighton Road, east of Cleveland Avenue and north of the Cottage Villas development in the hope the Commission would hear more from the affected property owners at this meeting. Mr. Rellegers indicated the Commission had three options: . Rezoning; . Comprehensive Plan Amendment; or . Combination of Rezoning and a Comprehensive Plan Amendment. Chair Sand invited anyone for or against the Planning Case No. 03-03 to come forward and make comment. Chair Sand noted they had received an e-mail from the owner of Lot 9, Jim Spaniol, noting he was in favor of the area being a neighborhood business. . Mr. Hellegers stated he had spoken with Katie Connolly, Lot 7, who indicated she wanted the area to be neighborhood business. He had also left a message for representatives of Cottage village, but had not received a response back. Re indicated ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 4 Lot No. 8 had been sold and the new owner indicated they liked the open space, but . thought it might make more sense to have this neighborhood business, but they did want to maintain as much as possible of the open space. Commissioner Zimmerman asked if staff had spoken with the Metropolitan Council for their opinion. Mr. Hellegers replied he had not spoken with them, but he did not believe this request would "raise any red flags" and they would not have any issues with changing this. Debra Thompson, 3747 New Brighton Road, Lot 1 I, stated she wanted the area to stay as it was. She noted there was a lot of wildlife in the area and they wanted the wildlife to stay. She noted they were 25-year resident of the City. Commissioner Ricke asked if there was development there, did it matter if it was neighborhood business or residential. Ms. Thompson stated it did not matter - she did not want to see anything changed. She did not want it rezoned. She noted they had many trees and was afraid they would lose their privacy. She stated she did not see how anyone would be able to develop on the property because it was so wet in that area. Paul_, 3790 New Brighton Road, asked what kind of business would a neighborhood business entail and were there any plans to deal with the increased traffic on County Road E2 and Cleveland if businesses went in. Mr. Hellegers replied a neighborhood business was a lower intensity neighborhood business. It would serve the immediate area . and would be small office use. He stated with respect to traffic concerns, a stoplight would need to be coordinated with the County, but he did not believe increased traffic would be an immediate concern. Commissioner Larson asked with the power line easement, could a building be built in that area, or would it be parking. Mr. Hellegers replied a building could not be built on a power line easement, but parking and landscaping could be in that area. Liz Modesette, 3743 New Brighton Road, Lot 10, stated if it would make the mechanics of a Comprehensive Plan, the Comprehensive Plan as it was pretty much described the intent and the details ofthe specific use ofthe property may be best worked out. There were no further comments made for or against Planning Case No. 03-03. Chair Sand closed the public hearing at 7:53 p.m. Commissioner Ricke moved, seconded by Chair Sand to recommend to the City Council that both the rezoning and the Comprehensive Plan be changed consistent with the plan that was proposed on the slide presented by staff as Planning Case No. 03-03, City of Arden Hills, County Road E-2 and Cleveland Avenue, Rezoning and Comprehensive Plan Amendment showing an area to the north of the Comprehensive Plan that would have to be revised. The area to the Southwest of the zoning that would have to be . revised, and the triangular area that would have to be amended for both the rezoning and Comprehensive Plan. The motion carried (4-2) (Commissioners Larson and Zimmerman against). , . ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 5 Commissioner Modesette rejoined the Commission at the dais. . UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commissioners Commissioner Zimmerman commented on the assessment policy for street repairs. He stated he believed the City should budget for street improvements and include that as part of the property taxes and set the pavement policy for the City on how streets would be repaired, maintained and reconstructed and then the City would not get into all of the contentious discussions that have occurred in the past. B. Staff None. C. Council Member Council Member Larson updated the Commission on recent City Council actions. . ADJOURNMENT Commissioner Ricke moved, seconded by Commissioner Larson to adjoum the meeting at 8:25 p.m. The motion carried unanimously (7-0). -