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CC Minutes 9-27-04 0'-/-21 City Council Meeting - September 27,2004 Mayor Furlong: Any discussion on that motion? Resolution #2004-71: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing public easements as defined on the attached vacation descriptions, subject to the following condition: 1. Minimum 5 foot wide public drainage and utility easements must be dedicated along each side of the new lot lines. All voted in favor and the motion carried unanimously with a vote of 5 to O. REQUEST FOR AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD DESIGN STANDARDS TO PERMIT RETAIL USES ON BLOCK 1, ARBORETUM BUSINESS PARK 4TH ADDITION; LOCATED SOUTH OF HIGHW A Y 5, WEST OF CENTURY BOULEVARD, AND NORTH OF CORPORA TE PLACE; HELSENE PARTNERS, LLC. Bob Generous: Thank you Mr. Mayor, council members. The request is to amend the Arboretum Business Park POO. Arboretum Business Park is located at the southeast comer of Highways 5 and 41. Specifically we're looking at the southwest comer of Century Boulevard and Highway 5. This is a little commercial area within the project. However as part of the POO the intent was for a light industrial with some support commercial uses. It was amended for Mr. Helsene to permit some personal services which in the past we have interpreted office services as being the equivalent. Right now he has a flower shop that would like to go into one of his units. We said the only way he could do that is by amending the POO. As you see the Arboretum Business Park, the intent really was for more office and industrial uses. There were two areas that we were looking at support commercial uses at the entrance coming in off of Highway 5 where we have currently there's a bank, Mr. Helsene's building and then the daycare. And then on the other side the Holiday Inn Express recently opened, and down on the comer of 82nd Street and Highway 41 where the only commercial convenience that was approved for this site is located, which is the gas station Citgo. There are other places in the community that are guided for commercial uses. There are other properties that are appropriately zoned for commercial uses. Just to the north of Highway 5 there is a commercial center that's under construction. There is space available for retail type uses. We believe that amending the POO would change the character of the Arboretum Business Park and we're recommending that the amendment be denied. With that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Councilman Ayotte: On the fact, just for clarification. Item C. Is there a word missing there? The proposed use would not conform or should be the proposed use would conform. That's a little confusing to me. What's that supposed to be? Bob Generous: Well the use would not conform. 8 City Council Meeting - September 27, 2004 Councilman Ayotte: So we've got a word missing, okay. Bob Generous: Yes. Mayor Furlong: Thank you. Any other questions? At this point. If not, is the applicant here this evening? Helsene's. If you'd like to come forward and address the council. We did receive a copy of the Planning Commission minutes so, but certainly interested in your thoughts. Chris Helsene: Sure. Chris Helsene from Helsene Partners, Century Boulevard Park. Gene Helsene: Gene Helsene, his dad. Brenda Helsene: I'm the wife, Brenda Helsene. Two partners. Chris Helsene: The reason we're going for this is, of course we've had an interest with the flower shop. We also feel that the city has indicated they've set areas aside for retail and a different design for the Arboretum Business Park. The way things have changed out there, I've heard many times that that area has been tweaked over and over to incorporate other things, and we're asking for that small portion of the southwest comer. We feel that it gives us a slight disadvantage that just over the, across the road literally they can incorporate retail onto that side of the highway and just the way the comer being set up, our building's set up as kind of a mall situation. We don't feel that any retail that would go in there would ever be high impact of any kind. We just feel like we've been put at a little bit of a disadvantage when right across the street they're able to do what we can't. Mayor Furlong: Okay. Alright, thank you. Any questions? For the applicant. No? Okay, thank you. Appreciate it. Any additional, I'll bring it back to council. Any additional questions for staff or any thoughts in terms of reply to their comments Kate? Kate Aanenson: I guess certainly we can understand their feelings. The staff from the beginning, as Bob's met with them. We have vacant commercial in the city. When we put this industrial park together we said there should be some support commercial in the size of the scale of that building went in with vacant space. You know we could argue the other way that there's people that have retail space that are in a different price point and different rates trying to market their property just as well so the argument can be made the flip flop for the advantage. Who has an advantage and who doesn't have advantage. I guess our biggest concern is the delusion of what we created with that district and the implication that we've got other industrial parks that we want to maintain predominantly in the industrial use and keep that, you know the core commercial in those areas that we've been selective as trying to, along the corridor, to create that synergy. That energy. We've got Market Street Station going in too so we do have quite a bit of commercial that's coming on line. We certainly empathize with the owner of the 9 City Council Meeting - September 27,2004 building, that they want to put another tenant in there but again that was our feelings that there is plenty of retail space available in the city. Mayor Furlong: Okay, thank you. Bring it back to the council for discussion. Councilman Peterson: And the interim use that was discussed at the Planning Commission, this really isn't a logical alternative? Kate Aanenson: Legally I don't know how, if you could have dropped it. Once you get something in there. And just, that's a good point to kind of segway into another, you know once you put a retail use in there, unless you specifically say...flower shop in the back, if that flower shop went away. You know once you put retail in there, it's going to be harder to get it out I think. We kind of learned that with, over time. Mayor Furlong: Okay. Other discussion points. Thoughts. I guess my, you know just very quickly. I can appreciate and empathize with the Helsene Partners, looking across there. At the same time I'm not hearing, and even through the Planning Commission seeing a compelling reason to change the zoning here for this specific use as much as your I guess thinking about what staff said in terms of the advantages, disadvantages. You know the idea is to make sure that we look at zoning across the city, not just on a particular property as much as anything else so again I look at, I was looking through here, where's the compelling reason. How can we do this? Where's the justification and I couldn't see it. I don't know if any of the fellow council members could but you know I think the argument of, if there's been slippage and I don't know if that was the word that's been used in the past, if that justifies continued slippage or not, I don't think so. I think I'd rather say you know when there's, let's try to avoid those and we can't go back and correct the past but let's take advantage of opportunities when they present themselves here so those are my thoughts. I guess. Councilman Peterson: Well yeah, I agree. I think to your point Mayor, there may have been slippage in the past but you have to assume that there's slippage for a compelling reason. Nor do I see it here tonight unfortunately. I'd like to say yes from a pro business standpoint but I really can't. Mayor Furlong: Okay. Any other discussion? Thoughts? Okay. If not, if there's no other discussion, is there a motion? Page 6. Councilman Lundquist: I would move that the City Council deny the amendment to the POO 92-6, development design standards to permit retail uses based on the findings of fact and recommendation attached to the report. Mayor Furlong: Okay, thank you. Is there a second? Councilman Labatt: Second. 10 City Council Meeting - September 27, 2004 Mayor Furlong: It's been made and seconded. Any discussion? Just one point of clarification, that the findings of fact would be modified. .. Councilman Lundquist: The amended findings of fact as requested, yeah. Mayor Furlong: Thank you. With that, if there's no further discussion. Councilman Lundquist moved, Councilman Labatt seconded that the City Council denies the amendment to the Planned Unit Development (PUD #92-6) development design standards to permit retail uses based on the amended findings of fact and recommendation attached to this report. All voted in favor and the motion carried unanimously with a vote of 5 to O. REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND RESTORA TION OF THE MOON V ALLEY GAVEL MINE, BEATRICE ZWIERS. Bob Generous: Thank you Mr. Mayor, council members. This is a request for an interim use permit for a grading permit for the restoration of the Moon Valley mining operation out on 212 and south of the regional trail system. This mining has been going on for many years and now we're looking at reclaiming the site and preparing it for future development. This area doesn't come into the urban service area until 2015 under the current comprehensive plan. However there are major erosion issues going on on the site and the developer, with the development of the top part of this property, the Settlers West development, is looking at reclaiming this area. It's a little hard to see but the... there are steep, almost vertical cliffs that are in there that were created through the mining operation. When it rains everything washes down to the bottom. The site was also used for a gun range over many years. At one time it was even a ski resort but now they're coming in with a grading plan that would create a 2 Y2 to 1 slope on both sides and create a bowl within the middle. Previously there was a settlement agreement between the city and the property owner to regrade the site. Reclaim it after the mining operation was completed. However that operation or that plan allowed them to go into the northwest comer of the site. Between the Planning Commission and now we did have the DNR Forester come out and look at the quality of the woods on that. He was very impressed with the woods actually north, in the northwest comer and on the property to the north of this in this bowl area, which is in some land that the city is receiving as a dedication through the Settlers West development. However as you move south he said that the type of trees in there, there's a bigger variety of trees so they had small ones and big ones so it wasn't as high a quality of development and so he felt that yes, the trees have some value but it's not as valuable as the portions that are saving. The other issue that came up as part of the Planning Commission was flooding on 212. We did look at the low point on that and that is actually east of this site so if flooding did become an issue, it's closer to Dell Road that would flood so they'd still be able to exit the site and go to the west. Staff is recommending approval of the grading plan for this site and then they have a small area to the west. We are recommending that they revise the westerly portion of this and pull the grading area back to the 756 contour, which means that when they grade 11