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HomeMy WebLinkAboutPlanning Commission Minutes 02-02-2005Approved Minutes City of Plymouth Planning Commission Meeting February 2, 2005 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, James Holmes, Sarah Anderson, E.J. Clyman, and Kathleen Murdock MEMBERS ABSENT: Commissioner Nancy Franke -Wilson STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planner Shawn Drill, Planner Josh Doty, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER - 7:00 P.M. 2. OATH OF OFFICE Community Development Director Hurlburt administered the Oath of Office to Commissioners E. J. Clyman and Kathleen Murdock. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC FORUM 5. APPROVAL OF AGENDA MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval of the February 2, 2005 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 6. CONSENT AGENDA A. APPROVAL OF THE JANUARY 19, 2005, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval of the January 19, 2005 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes February 2, 2005 Page 2 7. PUBLIC HEARINGS A. MARVEL, LLC D/B/A PUMP IT UP PARTIES (2004150) Chair Larson introduced the request by Marvel, LLC D/B/A Pump it up Parties for a conditional use permit to allow indoor commercial recreation in the I-1 (light industrial) Zoning District located at 3500 Holly Lane North. Planner Doty gave an overview of the January 24, 2005 staff report. Chair Larson asked what the hours of operation would be. Planner Doty said the hours of operation would be from 9:30 a.m. to 10:00 p.m. with most events occurring in the evenings and on weekends. Chair Larson introduced the applicant Tom Finn, 4130 Terraceview Lane North. Mr. Finn said he read the staff report and agrees with the conditions. Commissioner Anderson said the report states there would be between 20 and 25 children at one time, however it also says there could be two parties at one time. She asked if that would mean approximately 20 children between the two parties or a total of approximately 50. Mr. Finn said it would be separate parties with a total of approximately 50 kids. Commissioner Anderson asked about the number of staff. Mr. Finn said there are 2 staff at all times in the arena. He said there could be as many as 6 to 7 staff throughout the facility. Mr. Finn said the facility is geared towards elementary age kids. Chair Larson asked if this type of facility is governed by any State regulations in regards to the ratio of children to adults. Director Hurlburt answered no. Commissioner Anderson asked if there is an increase in the use in the summer months. Mr. Finn said the summer tends to be slower because of family vacations and other activities. He said they would expect heavier use during the school year. Chair Larson opened and closed the public hearing as no one was present to speak on the item. Commissioner Anderson asked if there would be adequate parking spaces to accommodate the staff and patrons. Planner Doty said that because most of the hours of operation would be outside of normal business hours, the parking would be sufficient. He said the Zoning Ordinance doesn't have a specific category for this type of business so there aren't specific parking guidelines. Planning Manager Senness said it would mostly consist of drop-offs and pick-ups. She said with this type of facility, there tends to be a lot of kids who carpool. Director Hurlburt asked if there would be space inside for parents to wait. Mr. Finn said if Approved Planning Commission Minutes February 2, 2005 Page 3 parents stay, they typically wait in the arena area which has more than adequate space. Commissioner Anderson asked if the children are allowed outside the building. Mr. Finn said no, and that no one is allowed in that isn't with a party. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the request by Marvel, LLC D/B/A Pump it up Parties for a conditional use permit to allow indoor commercial recreation in the I-1 (light industrial) Zoning District located at 3500 Holly Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. WAGNER SPRAY TECH CORP. (2004153) Chair Larson introduced the request by Wagner Spray Tech Corp. for a conditional use permit amendment to allow outdoor storage of trailers and an 8 -foot fence for property located at 1770 Fernbrook Lane North. Planner Doty gave an overview of the January 24, 2005 staff report. Commissioner Clyman asked where the gates are located on the proposed fence. Planner Doty said there would be a 35 -foot gate at each of the drive aisle locations. Commissioner Anderson asked if the fence in 1991 was required by the City. Planner Doty said through the public meeting process, it was required as a condition. Commissioner Murdock asked if the amended conditional use permit would bring the applicant into compliance. Planner Doty answered affirmatively. Commissioner Murdock asked if the applicant foresees a need for additional trailers or space in the future. Planner Doty said they would have to come back with another conditional use permit amendment request if that were the case. Chair Larson asked how many trailers were allowed with the original conditional use permit. Planner Doty said the original conditional use permit was for 12 trailers. Commissioner Anderson asked how compliance is handled. Planner Doty said it is handled on a complaint basis. Chair Larson introduced Dan John, Wagner Spray Tech Corp. Commissioner Anderson said she is concerned that there was no response to the first notice from the City advising the applicant that a conditional use permit was required. She asked the applicant what measures they would be taking to ensure that they meet the requirements of the conditional use permit. Mr. John apologized for not responding to the first notice, however stated he responded to the second notice and applied for the conditional use permit amendment. He said he wants to be in good standing with the City and within the community. Commissioner Clyman asked about the other properties owned by Wagner Spray Tech and if storage is moved between the sites. Mr. John said Wagner Spray Tech is increasing the Approved Planning Commission Minutes February 2, 2005 Page 4 distribution at the 1770 Fernbrook site. He said some product is moved between other facilities but the main facility is at 1770 Fernbrook Lane. Commissioner Holmes asked if they foresee going beyond 35 trailers in their 5 year plan. Mr. John said 35 trailers is the projected number for their 5 year plan. Commissioner Holmes asked about the paint product and distribution. Mr. John said they build and paint equipment, however they do not manufacture paint at the facility. Chair Larson asked what the need is for that many trailers to be stored on the property. Mr. John said components and products are delivered to the site by semi trailers. He said once they are unloaded, the trailers are parked until someone picks them up which could be a few days. He said their operation is incoming and outgoing freight. Chair Larson asked if additional warehouse space would accommodate their storage needs. Mr. John said even with additional warehouse space, the trailers would still be stored outside so they could eventually be picked up. Commissioner Holmes said the trailers are not utilized for storage, they are waiting to be unloaded or picked up. Chair Larson opened and closed the public hearing, as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Anderson, to approve the request by Wagner Spray Tech Corp. for a conditional use permit amendment to allow outdoor storage of trailers and an 8 -foot fence for property located at 1770 Fernbrook Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C. CITY OF PLYMOUTH (2004151) Chair Larson introduced the request by the City of Plymouth to consider Zoning amendments to allow religious institutions in industrial districts. (Continued from the January 19, 2005 Planning Commission Meeting) Senior Planner Drill gave an overview of the January 25, 2005 staff report. He addressed the concerns that were raised at the January 19, 2005 Planning Commission Meeting. Commissioner Anderson asked if Evergreen Church sued the City and won, how would that affect the direction the City takes regarding to religious institutions. Director Hurlburt said that would depend on the particulars of the lawsuit on an individual case basis. Chair Larson said the City Attorney's opinion on the matter was that the Zoning Ordinance is in compliance with the current law. Director Hurlburt said that is based on case law today and could change. Commissioner Clyman asked if the pink areas on the sexually -oriented business map were opportunity areas and the yellow areas were a buffer around the opportunity area. He asked Approved Planning Commission Minutes February 2, 2005 Page 5 how these areas are affected by sexually oriented businesses. Senior Planner Drill answered affirmatively. Director Hurlburt said a church alone would not have a setback requirement from a sexually oriented business. She said the church would have to include a use, such as a school, which would then have a setback requirement. Commissioner Clyman asked if there wasn't any space for lease available in the opportunity area if the City would be obligated to find another location. Senior Planner Drill answered no and said the majority of the districts already allow churches. He said it is not the City's responsibility to find an appropriate location for any business. Commissioner Clyman asked if there are any I-1 zoning districts that fall outside the opportunity areas. Senior Planner Drill replied affirmatively, noting that any I-1 land located within 250 feet of a residential use or 500 feet of a school is not in the opportunity area. Director Hurlburt said the yellow buffer areas on the map could be I-1 or I-2 zoning. Commissioner Clyman asked if a church wants to operate a business like a food shelf or indoor recreation center, as a single use, if that would be allowed in the industrial zoning district. Senior Planner Drill said a church could operate any use allowed by the Zoning Ordinance. Commissioner Clyman asked if the City had looked at the option of only allowing religious institutions within I-1 zoning districts with some type of restrictions, and not allowing them in I-2 and I-3 zoning districts. Senior Planner drill said no, however that could be a recommendation by the Commission. Commissioner Murdock said because we are currently in compliance we don't necessarily have to make any changes to the ordinance. She asked what direction staff would like the Commissioners to take. Senior Planner Drill said this is a legislative Policy decision, and staff is looking to the Commission for direction on how to proceed and how to address the possible concerns that may arise. He said the ordinance was drafted in a way that, if adopted, would address the concerns identified at this time. He said the recommendation from the Planning Commissioner's will be Staff's recommendation to the City Council. Chair Larson closed the public hearing. Commissioner Holmes said his position is that the industrial base is paramount in the growth and development of the City. He said the Zoning Ordinance says you can't operate a church in an industrial zoning district. He said he does not support excluding the opportunity to create new jobs, but feels there are plenty of opportunities for churches in other locations. Commissioner Weir said he is not in favor of churches in industrial zoning districts. Commissioner Clyman said the I-1 district is an appropriate area and would like to see the language reflect that. He said having open space is vital to the community . He said limiting the use to the 1-1 zoning district is the most appropriate measure. Commissioner Anderson said there is ample opportunity for churches to find other Approved Planning Commission Minutes February 2, 2005 Page 6 locations other than industrial zoned locations. She said she would like to keep the Zoning Ordinance the way it is. Chair Larson concurred with Commissioner Anderson. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to take no action on the request by the City of Plymouth to consider allowing religious institutions in the industrial zoning districts. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Commissioner Clyman voted nay. Commissioner Clyman said he agrees with the value of industrial areas, however said if there is space available in the I-1 Zoning district, then he feels a religious institution should be able to utilize that space. 8. NEW BUSINESS A. ACCEPT THE PLANNING COMMISSION 2004 ANNUAL REPORT AND 2005 ANNUAL WORK PLAN Director Hurlburt said the annual report summarizes the work of the Commission and related development activity for the past year. The draft 2005 Work Plan describes the issues and activities to be undertaken and outlines how it supports the City Council's goals and objectives. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to forward the Planning Commission 2004 Annual Report and 2005 Annual Work Plan, as presented, to the City Council. Vote. 6 Ayes. MOTION approved. B. ELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR FOR 2005 MOTION by Commissioner Holmes, seconded by Commissioner Anderson, nominating Peggy Larson as Chair, and Frank Weir as Vice Chair. Vote. 6 Ayes. MOTION approved. C. APPOINTMENT OF PLANNING COMMISSIONER TO SERVE AS LIAISON TO THE PARK AND RECREATION ADVISORY COMMITTEE Commissioner Weir was appointed to serve as the Liaison to the Park and Recreation Advisory Committee. 9. ADJOURNMENT MOTION by Chair Larson, with no objections, to adjourn the meeting at 8:21 p.m.