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HomeMy WebLinkAbout2017/03/08 - ADMIN - Minutes - Planning Commission - Regular OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MARCH 8, 2017 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Lisa Peilen, Carl Robertson, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: Lynne Carper, Torrey Kanne, Richard Person STAFF PRESENT: Jennifer Monson, Gary Morrison, Sean Walther OTHERS PRESENT: Soren Mattick, City Attorney 1. Call to Order – Roll Call 2. Approval of Minutes of February 1, 2017 Commissioner Robertson made a motion to approve the minutes of February 1, 2017. Commissioner Johnston-Madison made a motion to second the minutes, and the motion failed on a vote of 2-0-2 (Peilen and Johnston-Madison abstained). 3. Public Hearings A. Knollwood Mall Preliminary and Final PUD Location: 8332 Highway 7 Applicant: Chick-fil-A Inc. Case No.: 17-08-PUD Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the PUD request is two-fold to convert the existing Knollwood Mall PUD to the current PUD format and to redevelop the existing TCF bank building with in-vehicle service (drive-thru) into a proposed Chick-fil-A (CFA) restaurant with a drive-thru. Mr. Morrison presented drive-thru and traffic flow comparisons for the TCF site and the proposed CFA development. Mr. Morrison reviewed parking, stormwater, landscaping, lighting, signage and architecture. Official Minutes Planning Commission March 8, 2017 Page 2 Mr. Morrison stated that a neighborhood meeting was held on February 22, 2017. Concerns included traffic levels on Texas Ave., lighting levels affecting residents east of Texas Ave., and concerns about CFA as a company. Commissioner Johnston-Madison asked about access on Texas, remarking that it was a quick right turn. Mr. Morrison showed the access. Commissioner Robertson asked if the boundary on the new PUD is the same as the existing PUD boundary. Mr. Morrison replied that the boundary is the same. Commissioner Rickert asked about the drive-thru lanes, order stations, parking lot and footprint. Mr. Morrison showed the drawings and the proposed new footprint. Commissioner Tatalovich asked about the expectation for traffic flow coming west on Hwy. 7 to the property. Mr. Morrison responded that it will probably be a split between the main Knollwood entrance and the Texas entrance. Mr. Morrison described the drive- thru double stacking lane that accommodates several cars and would eliminate back up into the parking lot. Jason Hill, development consultant for CFA, and Joe Vavrina, HR Green, introduced themselves. Mr. Hill provided background on the company and its locations. He noted that CFA allows one franchise per person. Joe Vavrina, HR Green, discussed conditions No. 7. Lighting and No. 8 Landscaping. He said the lighting they’ve requested is paramount for safety. He said their request is to work with staff to be flexible and allow lighting in excess of city code. He added that the lighting will be LED. Regarding landscaping, Mr. Vavrina said CFA wants to remove trees which MnDOT recommended removing based on quality of the tree. MnDOT identified two other trees in declining health and at risk to the right-of-way. He circulated photographs of trees which CFA would like to remove under the advice of their arborist and MnDOT. Mr. Vavrina said MnDOT has agreed to allow trees to be replanted in the right-of-way to compensate for trees removed. Chair Peilen opened the public hearing. Official Minutes Planning Commission March 8, 2017 Page 3 Ellen Dischinger, Stacey Aldrich, Susan Niz and Marc Berg presented a letter with 105 signatures, dated March 8, 2017, to Commissioners and the applicant, on behalf of Allies of St. Louis Park. Ellen Dischinger, 3266 Blackstone Ave. S. read their letter to CFA which stated Allies of St. Louis Park’s mission is to stand up for groups and individuals who feel threatened in the current climate, including the LGBTQIA community. Susan Niz, 2800 Alabama Ave. S., asked if CFA would consider a gender-neutral restroom or restrooms in the restaurant. She stated that voluntarily adding them to the restaurant would be a proactive way for a new business to show support to the LGBTQIA community. Stacey Aldrich, 2757 Alabama Ave. S., read the city’s Resolution Supporting and Standing with all Members of the St. Louis Park Community. Ms. Aldrich asked if CFA would evaluate hiring practices to ensure they are free of institutional racism, homophobia, transphobia and sexism. She asked if CFA would reach out to disabled workers and to immigrants. Ms. Aldrich asked if CFA would make accommodations to support the religious practices of employees. She asked if CFA can share some examples of how they will actively address those issues. Marc Berg, 2913 Webster Ave. S., said he expected to hear about technical issues from the applicant. He said what he heard right away was about what a wonderful company Chick-fil-A is. He stated that paragraph one of the City Charter preamble addresses the city’s strong position and tradition with respect to human rights, anti-discrimination, tolerance, diversity and inclusion. He said the Allies group wants to emphasize that St. Louis Park takes human rights seriously. He said St. Louis Park is a community in which businesses tend to be engaged with the community. Mr. Berg asked if CFA would work towards a more inclusive community, one that denounces bigotry, hatred and intolerance. He asked if CFA would share how its profits are invested and what charitable contributions it will make. Zaylore Stout, 2957 Vernon Ave. S., stated that he is a labor and employment law attorney. He said there have been lawsuits against CFA franchises in regards to requiring prayer at some employee meetings and at some management level meetings. He asked if this is going to be a practice in St. Louis Park as well. He asked if Muslims will be welcome as employees and to grow within the organization into management positions; and in management and corporate training would they also be required to pray Christian prayers. He asked if they will be penalized or terminated if they choose not to. Mr. Stout said he Official Minutes Planning Commission March 8, 2017 Page 4 subscribes and believes in the comments made by the Allies of St. Louis Park in regards to the LGBTQIA community. Karl Gamradt, 3347 Virginia Ave. S., said it seems there is no agreement on the lighting or landscape plan. He commented that there already are issues with existing lighting and this was discussed at the neighborhood meeting. The new plans include more lighting than the city wants. The sign would also be lit. He said that’s a lot of lighting going up when there are already lighting issues. Mr. Gamradt spoke about traffic concerns entering and exiting the site; and the uncontrolled intersection at the northeast corner. He said given the nature of fast food traffic the traffic flow seems like a big problem with a lot of opportunity for accidents. Mr. Gamradt stated one has to be careful about separating oneself from the corporation in terms of the immediate franchisee. The local hiring practices may be fine but institutional racism is almost impossible to detect even when it exists. In terms of charitable giving, Mr. Gamradt said he appreciates the applicant showing what CFA has done in the past. He said the applicant has said CFA can’t guarantee what the franchisee will support in charitable giving. Chair Peilen closed the public hearing. Mr. Hill stated that CFA is a restaurant company dedicated to making good food and making remarkable service for all customers. He said the company is represented by more than 80,000 people, at over 2100 locations, who have diverse opinions, backgrounds and beliefs. He said as a representative of CFA he doesn’t have answers for all the questions asked. He said he will get the contact information of the public hearing speakers so he is able to provide as many answers as he can. He added that there are 10-12 CFA restaurants in the Twin Cities. Chair Peilen commented that the recommended conditions regarding lighting and landscaping as presented by staff are quite clear to the Commission. The applicant may not be in full agreement with staff. She added that traffic analysis was also an important part of the work which has been completed by staff. Mr. Morrison responded that considerable traffic changes were made to the original site plan in the name of traffic and safety. He said staff believes that the site plan now is more than adequate to handle traffic at the site. The U-turns are safe. Commissioner Robertson said he wanted lighting and landscaping plans to meet city requirements. He said the Planning Commission looks at zoning. Discussion Official Minutes Planning Commission March 8, 2017 Page 5 and comments made at the public hearing will be in the record and reviewed by City Council. He said most of the other issues raised need to be addressed by someone other than a volunteer Planning Commission. He said he would recommend approval with great respect for the worries that have been expressed at the public hearing. Commissioner Tatalovich said he agreed with Commissioner Robertson. He said he agrees with comments made in the public hearing. CFA could have a very successful franchise in the city but it will never be fully embraced unless they do things as laid out by the Allies. Commissioner Johnston-Madison said she agrees with Commissioners Robertson and Tatalovich. Regarding traffic, she said there is a similar situation at McDonalds near Miracle Mile. She said the proposed traffic flow at CFA is much better than McDonalds. She said that drivers do learn how to yield and turn at drive-thru facilities. It does work at McDonalds which is much more congested. She thanked everyone for their participation in the public hearing. Chair Peilen said she agreed with the comments made by commissioners. She thanked the Allies of St. Louis Park for their commitment and said it is important for a company to succeed in St. Louis Park to be aware of concerns. She said there’s no basis for the Planning Commission to make a decision on the plan based on a company’s philosophy. She added that the Allies have done a great service by their presence. Commissioner Robertson made a motion recommending approval of the Preliminary and Final Shoppes at Knollwood PUD subject to conditions, and rezoning the Knollwood PUD properties to the Shoppes at Knollwood PUD. Commissioner Johnston-Madison requested a friendly amendment that any diseased trees be removed and replaced, and not just staff’s recommendations to keep all but one tree. Commissioner Robertson accepted the friendly amendment and Chair Peilen seconded the motion. The motion passed on a vote of 4-0. B. Stormwater Capture and Reuse System – Conditional Use Permit Location: 3520 Xenwood Avenue S. Applicant: Douglas Corporation Case No.: 17-03-CUP Jennifer Monson, Planner, presented the staff report. She explained that the applicant has applied for the conditional use permit to excavate 2,150 cubic yards of soil to construct an underground stormwater capture and reuse system. She noted that proposed plans for the CUP will bring the site closer to zoning compliance as much as possible. Official Minutes Planning Commission March 8, 2017 Page 6 Ms. Monson stated that in 2008 Douglas Corp., a metal-plating company, was identified as a source of pollution contaminating Lake Calhoun. She said since that time Douglas Corp. has been working with the MPCA to replace the roof, roof vents, tanks and other structures, but there are still traces of pollution on the property contaminating stormwater runoff. The applicant proposes to construct an underground stormwater capture, filter and reuse system to reduce the concentration of chemicals having an impact on Lake Calhoun. Ms. Monson reviewed excavation details, construction details, landscaping, parking requirements, and bike rack revision. Commissioner Johnston-Madison asked if chemicals have been found on other roofs in the area. John Fudala, applicant, gave background on the chemicals which are PFCs. He said once Douglas Corp. found out the materials they were purchasing contained PFCs compound they began substituting with non-PCF products. He said the roof of the building was the area that the MPCA was most concerned with regarding contamination. Douglas Corp. replaced the roof down to the decking with the desire to reduce the concentration of contamination in the stormwater. Douglas Corp. also replaced all of the chemical baths that the product was used in. Mr. Fudala said Douglas Corporation’s goal is to stop the stormwater contamination by capturing runoff from the property before it leaves the site. This improvement is supported by the MPCA. He said they have negotiated in good faith with the MPCA throughout the process. They’ve done everything MPCA has asked them to do. Mr. Fudala said roof discharge of other buildings in the immediate area has not been sampled by Douglas Corp. Commissioner Rickert asked why the company waited until 2017 to take on construction of stormwater capture and reuse. Mr. Fudala said the company switched to non-PCP chemistry as quickly as they could. They thought once they replaced the roof the concentrations would be down to 0. When they replaced all process solutions they thought that would do it. He stated that there was nothing left to replace so they needed to redirect the discharge. Chair Peilen opened the public hearing. As no one was present wishing to speak she closed the public hearing. Official Minutes Planning Commission March 8, 2017 Page 7 Commissioner Robertson made a motion recommending approval of the Conditional Use Permit with conditions. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 4-0. 4. Other Business 5. Communications Sean Walther, Planning and Zoning Supervisor, said the PLACE public hearing for Comprehensive Plan amendment, PUD and Plat will be held on March 15. He discussed the availability of the PLACE Environmental Assessment Worksheet (EAW), how to view copies of the EAW, the comment period deadline, and the procedures for submitting written comments. Mr. Walther provided updates on upcoming Vision 3.0 events. Mr. Walther said the State of the City event will be held on March 23. Commissioner Tatalovich discussed STEP’s Empty Bowls event to be held on March 9. 6 Adjournment The meeting was adjourned at 7:30 pm Respectfully submitted, Nancy Sells Recording Secretary