HomeMy WebLinkAboutPlanning Commission Minutes 07-28-1998APPROVED
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JULY 28, 1998
MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John
Stoebner, Jeff Thompson, Kim Koehnen and Bob Stein
arrived at 7:10 p.m.)
MEMBERS ABSENT: Commissioner Roger Berkowitz and Chairman Mike
Stulberg
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Planners John Rask and
Kendra Lindahl, City Engineer Dan Faulkner and Clerical
Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to approve
the July 14, 1998 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved
unanimously. (Commissioner Koehnen abstained.)
5. CONSENT AGENDA:
A. DEAN HILDEBRANDT (98113)
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of a front yard setback variance request for Dean Hildebrandt for
property located at 2475 Hemlock Lane North. Vote. 4 Ayes. MOTION approved
unanimously.
6. PUBLIC HEARINGS:
A. THERMOGAS COMPANY (98020)
APPROVED
Planning Commission Minutes
July 28, 1998
Page #141
Acting Chairman Ribbe introduced the request by Thermogas Company for a Site Plan
Amendment to install a propane dispenser and an Interim Use Permit to reduce the
required number of parking stalls for property located at 3005 Niagara Lane North.
Planner Rask gave an overview of the July 22, 1998 staff report. Planner Rask stated that
the applicant presented a diagram of the tanks and stated they would be installed per fire
code requirements.
Acting Chairman Ribbe introduced Russ Head, representing the petitioner. Mr. Head
stated that they did look at other locations as requested, but there was no other viable
location. He said that the employees are trained and certification sheets are sent to the fire
department. Mr. Head explained that the tank is all air operated by electronic valves and
switches, and is fenced in so there is no way to get your hands inside.
Acting Chairman Ribbe asked what training the employees receive. Mr. Head explained
that they participate in a regular training program by the National Propane Gas
Association. A video tape is presented, followed up by one-on-one training. Mr. Head
stated they would be filling 20 to 100 pound tanks.
Acting Chairman Ribbe asked what mechanism is in place to prevent a vehicle from hitting
the tank.
Mr. Head responded that the tank is located on a skid, which is bolted to a three-foot
thick concrete slab. He said that inside the slab there is a pipe that is filled with concrete
that goes three feet into the ground and three feet from the tank.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Dave Cavanaugh of 3105 Niagara Lane. Mr.
Cavanaugh is concerned about the noise level when the existing tanks are being charged.
They go off at different times during the day and the venting can be very loud. Mr.
Cavanaugh asked what would happen if the tank blew up. Mr. Head stated that you may
hear the existing CO2 tank vent in the summer months, but he would see if he could do
anything to quiet the process. Mr. Head commented that the proposed tank wouldn't
have those kind of noises.
Mr. Cavanaugh asked if there is a way to put mufflers on the existing tanks before a new
tank is allowed.
Acting Chairman Ribbe introduced Tom Litzkow, representing the applicant. Mr.
Litzkow said that it would be a separate issue from what is being proposed, but they could
check into a sound barrier.
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Planning Commission Minutes
July 28, 1998
Page #142
Acting Chairman Ribbe asked if a muffler is not an adjunct that could be put on the
existing tank. Mr. Litzkow stated he didn't know and would have to check the market
place.
Planner Supervisor Senness stated that when staff heard Mr. Cavanaugh was concerned
about the noise, they checked with the public safety department and found there were no
complaints filed pertaining to noise from the subject site.
Acting Chairman Ribbe closed the public hearing.
Mr. Head stated that the tank has a relief valve so that the gas does not build up and go
off. If the tank were hit, it is designed to fall over on its side, the legs will shear, the pipe
will break, and everything shuts down. Director Hurlburt asked if there is a danger of
explosion. Mr. Head stated that if there is a release of gas there is a chance of ignition,
but he said he didn't know what the likelihood of that happening is. He said that most
accidents are caused by human error and the company can't do anything with that.
Director Hurlburt asked if the applicant had any information on how large of an area could
be affected if the tank were to explode. Mr. Head said he didn't, but he could provide that
information if needed.
Commissioner Thompson commented that there are established standards to avoid
explosion, and asked if the proposed tank meets the standards. Mr. Head replied
affirmatively.
Commissioner Koehnen asked if the public safety department representative reviewed the
application. Director Hurlburt replied affirmatively and any conditions of approval are
part of the resolution. Planning Supervisor Senness replied that there would be further
review at the building permit stage.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of a Site Plan Amendment for a propane tank and an Interim Use
Permit to reduce the number of required parking stalls located at 3005 Niagara Lane
North. Roll Call Vote. 4 Ayes. MOTION approved on a 4-1 Vote. (Acting Chairman
Ribbe voted Nay.)
B. CHESAPEAKE COMPANIES (98068 & 98069)
Acting Chairman Ribbe introduced the request by Chesapeake Companies for a Site Plan,
Conditional Use Permit and Variance for Doolittle's Cafe and a Site Plan and Variances
for a Video Update Store for property located north of Highway 55 and west of 34th
Avenue.
Planner Rask gave an overview of the July 23, 1998.
APPROVED
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July 28, 1998
Page #143
Commissioner Koehnen asked what clerestory windows are. Planner Rask explained that
they are the windows below the roof line, and you can't see out of them, but they allow
light in the building.
Commissioner Stein asked where the other parking spaces are accounted for. Planner
Rask replied that they do have 15 shared parking stalls from the theater, but the applicant
could better address the question.
Commissioner Stein asked if there were any other elevations of the Doolittle's Cafe.
Planner Rask stated that he didn't have any, but the applicant may.
Acting Chairman Ribbe introduced John Dietrich, representing the applicants. Mr.
Dietrich stated that they concur with the staff report. Mr. Dietrich stated they only had a
south elevation of the Doolittle's Cafe. Mr. Dietrich pointed out the parking stalls on the
plan for the Commission.
Acting Chairman Ribbe opened and closed the public hearing as there was no one present
to speak on the issue.
MOTION by Commissioner Koehnen seconded by Commissioner Stoebner
recommending approval of a Site Plan, Conditional Use Permit and Variances for
Chesapeake Companies for a restaurant building (Doolittle's Air Cafe) on property
located north of Highway 55, southwest of 34th
Avenue, and east of Vicksburg Lane.
Roll Call Vote. 5 Ayes. MOTION approved unanimously.
MOTION by Commissioner Koehnen seconded by Commissioner Stoebner
recommending approval of a Site Plan, Conditional Use Permit and Variances for
Chesapeake Companies for a retail building (Video Update) on property located north of
Highway 55, southwest of
34th
Avenue, and east of Vicksburg Lane. Roll Call Vote. 4
Ayes. MOTION approved unanimously. (Commissioner Thompson abstained.)
C. OPUS NORTHWEST, LLC (98097)
Acting Chairman Ribbe introduced the request by Opus Northwest, LLC for a Preliminary
Plat to replat a 59 -acre site into three lots; Site Plan for a 123,066 square foot office
building; and Variance to allow impervious surface coverage of 49 percent in the
Shoreland District, where 25 percent is the maximum specified under the Zoning
Ordinance. The request is for property located north of Bass Lake Road, west of
Highway 169 and east of Nathan Lane.
Planner Drill gave an overview of the July 22, 1998 staff report.
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July 28, 1998
Page #144
Commissioner Thompson asked what the hardship is for the variance. Planner Drill stated
that the analysis was based on all conditions together, and the applicant would be denied a
reasonable use of their site as they expected to develop it under the previously approved
Planned Unit Development (PUD).
Commissioner Stein asked what part would be affected by the shoreland and how far the
site is from the creek. Planner Drill pointed out the 300 foot line on the Site Plan.
Commissioner Stein asked for an explanation on what the staff report referred to as the
applicant's substantial investment. Planner Drill stated that the applicant has made a
substantial investment in the project by having installed streets, utilities, grading, and
ponding which was part of the original PUD requirements.
Director Hurlburt stated that in certain circumstances property is exempt from the
requirements of the wetland ordinance and tree preservation plan and this application
meets the criteria for such exemption.
Commissioner Koehnen asked if Condition #10 takes care of the fire lane variance request.
Planner Drill stated that the fire lane variance is considered by the City Council only. He
added that Condition #10 pertains to a requirement for an additional fire lane near the
main entrance of the building.
Commissioner Ribbe asked if there would be any grading of wetlands. Planner Drill
replied negatively.
Commissioner Stein asked if Lot 2 falls within the shoreland district. Planner Drill replied
affirmatively, but stated it is not under consideration at this time. Commissioner Stein
asked how much shoreland there is on Lot 1. Planner Drill stated that there is just under
32,000 square feet in the shoreland, and 15,769 square feet would be impervious.
Acting Chairman Ribbe introduced Michelle Foster, representing the petitioner. Ms.
Foster stated that they concur with the staff report and accept the conditions.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced James Horstmann of 6037 Hillsboro Avenue North,
New Hope. Mr. Horstmann stated his main concern is preservation of the wetland areas
and that there would be a reduction in the water holding areas, which may increase water
runoff and which may affect his property. Mr. Horstmann commented that any
development would impact the water level. Mr. Horstmann stated that the development
needs to be controlled to prevent a "piece meal" affect.
APPROVED
Planning Commission Minutes
July 28, 1998
Page #145
Acting Chairman Ribbe introduced Mary Horstmann of 6037 Hillsboro Avenue North,
New Hope. Ms. Horstmann commented that the proposal is different from the suggestion
of the property notice that was sent out to surrounding residents. Ms. Horstmann asked if
all the buildings are to be on one lot. She asked why the site is exempt from wetland
buffering. She asked if the applicant could add more to the impervious coverage. Ms.
Horstmann wanted to know what the plans are for Lot 2. Ms. Horstmann commented
that there has been a tremendous amount of fill placed on Lot 1.
Acting Chairman Ribbe closed the public hearing.
Planner Drill presented the plan with the proposed buildings on the three lots. He said
there is one building proposed for each lot, with the exception that there may be two
buildings on Lot 3. Planner Drill indicated on the map where the wetlands are located and
where the creek runs. Planner Drill stated that no wetlands would be filled.
City Engineer Faulkner stated that a lot of initial planning went into this particular storm
sewer system, and it conforms with the storm water drainage plan. City Engineer
Faulkner stated that the New Hope residents should not see any increase in the water
runoff from the development.
Planner Drill stated that the reason for the 25% impervious surface rule is to allow more
infiltration of runoff into the ground before the runoff gets to the water body. He said that
the area that is being hard surfaced will drain to the north, not directly toward Bass Creek.
Commissioner Stein asked if more water runoff is created with hardscape which will run
into the wetlands. City Engineer Faulkner replied affirmatively, but stating that it is
possible to see some water level increase in Bass Creek on the west side. He added that
there is a control structure under Highway 169.
Director Hurlburt explained that this development was approved prior to adoption of the
wetland ordinance and the tree preservation plan. She said that with developments that
had made substantial investments, the City exempted them. Director Hurlburt commented
that there is no real effect in the case of the tree preservation. Planner Drill stated that
they do meet the tree preservation even though they are not required to.
Commissioner Ribbe asked if staff received any feedback from the City of New Hope.
Planner Drill replied that they requested a copy of the plans and the staff report, but they
haven't heard anything from them.
Commissioner Koehnen asked if the City has a choice pertaining to the applicant
complying with the wetland ordinance. Director Hurlburt stated that the City can not
require the applicant to comply.
APPROVED
Planning Commission Minutes
July 28, 1998
Page #146
Planner Drill stated that the applicant brought fill onto the area of Lot 1 under a grading
permit, but stated that no wetlands were filled.
Ms. Foster stated that Lot 1 is relatively low compared to other developable land, and
they did place fill on the site about four or five years ago to raise the level, but there was
no filling of wetland. She said that there was a small amount of wetland filling back in
1989 under the original plan. That wetland fill has already been mitigated through wetland
replacement. Ms. Foster stated that the project fell under a great amount of scrutiny prior
to approval in 1989. She stated that there are only a few modifications to the original
plan, and they are staying in the spirit of the original PUD.
Commissioner Koehnen asked the applicant to explain what fill was done in 1989. Ms.
Foster stated there was a low area that was filled and a small amount of fill placed
elsewhere in the park, but not in the wetland area. She stated they are not proposing any
more filling.
Commissioner Stein asked why this type of building requires more parking. Ms. Foster
stated that corporate tenants are putting more employees into the same amount of office
space than they use to. Tenants who are likely to be attracted to this building because
more parking is being built than what has traditionally been provided.
Commissioner Stein asked if the applicant has looked at putting more parking
underground. Ms. Foster replied that they have maximized the parking under the building,
and it is not financially feasible.
Acting Chairman Ribbe introduced a letter from David Buckley of 5960 Independence
Avenue North, New Hope. Mr. Buckley stated in his letter that he was concerned that the
decibel level of noise will increase with the proposed building. Director Hurlburt stated
that she does not expect the office building to increase the noise. She said the
development wouldn't require a noise study, and noise was looked at as part of the
original PUD and environmental impact statement. Director Hurlburt said that staff
wouldn't recommend any requirements on this development pertaining to noise. Planning
Supervisor Senness stated that there is less development intensity than what was originally
proposed.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of a Preliminary Plat, Site Plan and Variance for Opus Northwest,
LLC for property located northwest of Bass Lake Road and Highway 169 North. Roll
Call Vote. 5 Ayes. MOTION approved unanimously.
D. A.S.A.P. THERAPEUTIC MESSAGE & MYOTHERAPY (98122)
APPROVED
Planning Commission Minutes
July 28, 1998
Page #147
Acting Chairman Ribbe introduced the request by A.S.A.P. Therapeutic Message &
Myotherapy for a request for a Zoning Ordinance Text Amendment to allow therapeutic
message as a permitted use in the I-1, I-2, and I-3 Zoning Districts.
Planner Lindahl gave an overview of the July 22, 1998 staff report.
Director Hurlburt read excerpts from the ordinance pertaining to massage parlors. She
stated that the City has been careful to distinguish between the uses, but it is hard to come
up with a way to allow the legitimate massage uses in the industrial districts.
Commissioner Stein asked why the applicant didn't asked for a rezoning of property.
Director Hurlburt stated that the applicant is not the owner of the building, but staff may
see something forthcoming from the land owner.
Commissioner Stoebner asked how the site was zoned under the old ordinance. Director
Hurlburt stated that the site has always been zoned industrial. The old ordinance allowed
any use to provide goods and services to the industrial district, but because massage is
listed separately in the ordinance, it can't come under the umbrella of nonconforming uses.
Commissioner Stoebner asked if accessory uses have been done away with in the new
ordinance. Director Hurlburt replied that uses of this type are not permitted as accessory
uses under the new ordinance. Planner Lindahl stated that accessory uses are limited to
25% of the floor area and must be accessory to a permitted use. Director Hurlburt stated
that accessory enclosed retail and service uses allowed in a business district are permitted
in the industrial districts, but they must be accessory to a use that is permitted.
Commissioner Stein asked how the skate park was allowed in industrial area. Director
Hurlburt stated that a skate park is considered commercial recreation which is allowed bu
conditional use permit in the industrial district.
Acting Chairman Ribbe introduced Shawn Gardner, the petitioner. Mr. Gardner provides
a personal medical service, and because of losing his lease is forced to find a new location.
Mr. Gardner stated that he has spent two years trying to find a location. Mr. Gardner
stated that 50 percent of his business is generated by referral from doctors or
chiropractors.
Acting Chairman Stulberg introduced Steven Sondrall, attorney, representing the
applicant. Mr. Sondrall stated that there is nothing similar between therapeutic message
and the references in the ordinance pertaining to sexually oriented businesses. Mr.
Sondrall said that Mr. Gardner is licensed and so are his employees. He said the business
is geared toward physical therapy and chiropractic techniques. Mr. Sondrall found
exception with Page 21560-1, I-1 District, Subd 9. He said that the Commission could
consider this use as an office related use to other allowed uses. Mr. Sondrall believed the
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July 28, 1998
Page #148
use may already be a permitted use in the O -R district the way he interprets the ordinance.
Mr. Sondrall stated that his client has been a commercial citizen in Plymouth and would
like to remain in Plymouth.
Mr. Gardner stated that he spoke to Barb Moriarity, property owner, and she told him that
they would not be requesting a rezoning change to O -R. He said that right now the text
amendment in the industrial district is the only hope that he has.
Director Hurlburt stated that staff has consulted with the city attorney and staff feels
confident on their interpretation of the ordinance. The use has to be a discreet use and
can't be considered as a catch-all term. It is only allowed if it is specifically listed in a
district and therapeutic massage is not. Director Hurlburt stated that staff encouraged the
applicant to include the request in the O -R district as it would be more appropriate, and
staff thinks that it is a good change.
Commissioner Ribbe asked what myotherapy is. Mr. Gardner replied that myotherapy
deals with the muscles and is a specific program to help with aches. Mr. Gardner stated
that the city staff has been a lot of help and asked the Commission to approve the request
so that his business can remain in Plymouth.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Arnie
Gardner's realtor and has been going to Mr
months with his back problems.
Seltzer. Mr. Seltzer stated that he is Mr.
Gardner for professional therapy for over 13
Acting Chairman Ribbe closed the public hearing.
Commissioner Thompson raised the issue if there is another way to allow therapeutic
message if there are other nonconforming medical uses in the building. Director Hurlburt
stated that you could say massage in a structure that also houses other medical and/or
chiropractic uses. It would have to be in a structure or property that also has medical
offices. She stated that it would virtually narrow it down to one site. Commissioner
Thompson asked if the Commission could table the item and consider additional language
at the next meeting. Commissioner Stein suggested that staff and the city attorney come
up with the appropriate language before the item goes to the City Council. Commissioner
Thompson said he would be comfortable with that.
Commissioner Koehnen asked if this would affect other zoning districts. Director
Hurlburt replied negatively.
Commissioner Stoebner asked if someone came forward to lease a space that is empty and
has a use such as a medical or chiropractic would it be allowed. Director Hurlburt replied
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Planning Commission Minutes
July 28, 1998
Page #149
that if the building remains empty for more than a year, the new uses would have to
comply with the new ordinance.
Commissioner Stoebner asked if there are any industrial uses in this building or property.
Director Hurlburt stated not she is not aware of any. Commissioner Stoebner asked if the
City would ever initiate a rezoning. He said that this is not a good way of doing things, as
it makes more sense to have a rezoning request. Director Hurlburt said that the rezoning
would have to be initiated by the land owner.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of an Ordinance amending the Plymouth City Code, by amending
Chapter 21, I-1 (Light Industrial) Zoning District and Findings of Fact for amending
Section 21560 (I-1, Light Industrial) of the Plymouth City Code.
MOTION to Amend by Commissioner Stein, seconded by Commissioner Stoebner to
add words to the affect that if there are legally established uses occupying the majority of
the property, such a use would also be allowed.
Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION approved unanimously.
Roll Call Vote on MAIN MOTION. 5 Ayes. MOTION approved unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Stein to adjourn.
Vote. 5 Ayes. MOTION approved unanimously. The meeting was adjourned at
9:20 p.m.