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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. APPROVED 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 Planning Commission Minutes 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. APPROVED Planning Commission Minutes 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 APPROVED Planning Commission Minutes 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 APPROVED 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.