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HomeMy WebLinkAboutPlanning Commission Minutes 07-23-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JULY 239 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe (arrived at 7:12 p.m.), Saundra Spigner MEMBERS ABSENT: Commissioners Roger Berkowitz and Jeff Thompson STAFF PRESENT: Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 7:04 p.m. 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Spigner, seconded by Commissioner Ribbe to recommend approval of the June 25, 1996 and July 9, 1996 Planning Commission Minutes. Vote. 4 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA No items. 6. PUBLIC HEARINGS A. ROY JOHNSON (96021) Chairman Stulberg introduced the request by Roy Johnson for Variances to reduce the front yard and lake shore setback requirements for property located north of 30th Avenue and west of East Medicine Lake Boulevard. Planner Drill gave an overview of the July 16, 1996 staff report and presented a short video tape of the variance site. Planning Commission Minutes July 23, 1996 Page #165 Commissioner Ribbe asked what is the degree of physical constraints related to the slopes. Planner Drill responded that the elevation of the parcel drops about 20 feet from the street level to the lake. The topography of the slope is at about a 30 percent grade. Chairman Stulberg introduced Roy "Larry" Johnson, the petitioner. Mr. Johnson commented that there are discrepancies in the staff report. He stated that he has owned the property since the late 1970s. Mr. Johnson stated that the parcel is a buildable lot. He stated that this is a hardship on him personally. Mr. Johnson commented that there is nothing across the street except for a log cabin and an older home. There is a newer home down the street. He wanted to know how staff could know that the proposed dwelling would have adverse effects on the surrounding properties and the values within the neighborhood. Mr. Johnson wanted to know if the City or Hennepin County has any plans for the area from the street to the lake. Mr. Johnson stated that he received a variance for a front yard setback of 20 feet for his existing home, not 18 feet as indicated in the staff report. Chairman Stulberg asked if the setback to his existing house is 18 feet or 20 feet. Mr. Johnson replied that the setback to the garage door is 20 feet, but the house is actually set back only 18 feet from the street. Chairman Stulberg asked if the variance for the house, not the attached garage, was approved at 18 feet. Mr. Johnson responded affirmatively. Chairman Stulberg asked when Mr. Johnson purchased the property. Mr. Johnson replied he was not sure of the exact year, but thinks it has been since the late 1970s. Mr. Johnson stated that the City put in a drainage system on his property, and he wanted to know when the City was going to remove it. In response to questions/issues raised by Mr. Johnson, Planner Drill replied that he is not aware of any proposals for Mr. Johnson's property by the City. Mr. Johnson stated that he has not received any offers of purchase by the County or the City. Planner Drill stated that the staff report refers to 1988 as the year Mr. Johnson acquired the property because Mr. Johnson indicated to staff that he has owned the property since 1988, and County records also indicate that. Chairman Stulberg noted that the parcel is not a buildable lot as suggested by Mr. Johnson, unless the variances are granted. Chairman Stulberg asked Mr. Johnson if the property was initially recorded under another name. Mr. Johnson replied affirmatively. Planner Drill explained that in order to have a hardship, the parcel has to have unique conditions specific to it that are not shared by other lots in the vicinity. Staff looks at physical surroundings, shape and topographical conditions. There are not unique conditions related to the parcel that are not shared by other parcels in the neighborhood. Additionally, all parcels abutting the shore of Medicine Lake have been subject to the 50- Planning Commission Minutes July 23, 1996 Page #166 foot setback requirement since 1982. Supervisor Senness noted that placing the home so close to the lake would increase the runoff into the lake because the home would result in additional impervious surface. City Engineer Faulkner stated that he is not aware of any drainage problems in the area and there are no plans to do anything with the drainage. Mr. Johnson stated the City is using his land for drainage and he is paying taxes on it. He added that the City did not notify him before putting in the drainage system. He thought the drainage system was put in during the late 1970s. Chairman Stulberg directed City Engineer Faulkner to check into the situation before the item goes before the City Council. Commissioner Stoebner asked if Mr. Johnson recalled purchasing the property, and when it was purchased. Mr. Johnson replied that he thought it was around 1977. Commissioner Stoebner asked if there was a closing. Mr. Johnson replied that he purchased the property from Carl Johnson, who later changed his name to Carl O'Berg, and there was litigation. The deed did not get recorded right away, but he is the grantee. Commissioner Stoebner asked if Mr. Johnson received a variance on his existing home, and if so, when it was approved. Mr. Johnson replied that a variance was approved for his property in 1976 or 1977. Commissioner Stoebner asked if the variance was for the house that Mr. Johnson currently owns. Mr. Johnson replied affirmatively. Commissioner Stoebner asked if the proposed home would have the same floor plan as the existing home that Mr. Johnson currently lives in. Mr. Johnson replied that there would be some changes, but basically the same. Commissioner Stoebner wanted to know if City staff had looked at the history of the other variance granted. Planner Drill replied affirmatively, but noted that the Shoreland Overlay District was not in effect at that time. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Diane Keller of 3030 E. Medicine Lake Boulevard. Ms. Keller stated that she lives across the street from Mr. Johnson. She was surprised to hear about the proposal, as she thought Hennepin County was going to be putting in trails along the lake, as indicated at a neighborhood meeting held last spring. She added that citizens were told at that meeting that Hennepin County has the money to buy the existing homes. Ms. Keller commented that a lot of people walk along the road and the traffic and road conditions make the area very dangerous. She added that there is not enough room for parking. Chairman Stulberg introduced Jon Stoeckmann of 3050 E. Medicine Lake Boulevard. Mr. Stoeckmann stated that his father owns the property across from Mr. Johnson. Mr. Stoeckmann stated that since Mr. Johnson built his existing home, it blocks the view of the lake from his father's property. He said if the proposed home is built, it would further Planning Commission Minutes July 23, 1996 Page #167 block their view of the lake, and subsequently affect their property value. Mr. Stoeckmann stated that the variance should be denied as the lot is not buildable due to the setback requirements. Chairman Stulberg closed the public hearing. In response to questions/issues raised, Planner Drill stated that he does not know of any plans for the subject parcel. Planning Supervisor Senness stated that the City is not currently in any negotiations to buy the property that she is aware of. Staff based their report on the variance standards of the Ordinance and not on speculation of what may happen in the future. Commissioner Bildsoe wanted to know if staff based their denial decision on the letter from the Department of Natural Resources (DNR). Planner Drill explained that the DNR was instrumental in working with the City to develop the Shoreland protection regulations. He noted that the DNR's position to oppose the variance comes in the form of a recommendation, and that the City Council makes the ultimate decision. In response to questions raised by Mr. Johnson regarding why staff felt the variance standards for items #5 and #6 were not met, Planner Drill stated that two neighbors spoke at the public hearing with concerns about the proposal. One of the neighbors stated that their property value would be affected based on the loss of their view of the lake. He added that the comment "community as a whole" in the staff report related to runoff and water quality, as the adverse impacts would go beyond the boundaries of the neighboring properties. Mr. Johnson stated that either the City or the County has come through to survey for a jogging path. He stated that he feels there is something in the works and that there are ulterior motives that he is not aware of. City Engineer Faulkner asked when the survey was done. Mr. Johnson replied 8 to 10 years ago. City Engineer Faulkner replied that he was not involved in any survey, so he could not address that. Chairman Stulberg added that the Commission is not aware of any other plans, and regardless, would have to look at the request based solely on the Ordinance. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending denial of the Variances for Roy L. "Larry" Johnson for property located north of 30th Avenue and west of East Medicine Lake Boulevard. Chairman Stulberg stated that there are many instances that the Commission does not go along with the staff recommendation. He noted that a resolution to approve the variances is also included in the staff report. Commissioner Ribbe asked if the Commission is to base their recommendation solely on the issues that revolve around the setbacks. Chairman Stulberg replied that the issues Planning Commission Minutes July 23, 1996 Page #168 concerning traffic, view, and property values are all part of the variance criteria, and can be considered in the Commission's recommendation. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Stoebner voted Nay). B. HOLLE CONSTRUCTION CO., INC. Chairman Stulberg introduced the request by Holle Construction Co., Inc. for a Mixed Planned Unit Development Preliminary Plan Amendment, Final Plan Amendment and Conditional Use Permit Amendment for a 19,200 square foot building addition for Burgess Industries located at 2700 Campus Drive. Planner Keho gave an overview of the July 19, 1996 staff report. Chairman Stulberg asked if a Variance was granted, how do we take that right away now. Planner Keho explained that in the Zoning Ordinance Section on Variances, the code state that if regulations change, they would have to come back for Variance approval again. If the regulations had not changed, the applicant would have been able to move forward with the project. Chairman Stulberg introduced Jeff Holle, the petitioner. Mr. Holle stated that he concurs with the staff report. He stated that there is a 4,800 square foot mezzanine in the building. Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of an MPUD Preliminary Plan Amendment, Conditional Use Permit Amendment and Final Plan Amendment for Holle Construction Co., Inc. for property located at 2700 Campus Drive. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Planning Commission Minutes July 23, 1996 Page #169 C. HENNEPIN COUNTY PROPERTY SERVICES (96090) Chairman Stulberg introduced the request by Hennepin County Property Services for Site Plans, Conditional Use Permits, and Variances for a public driving range and landscape nursery on the Hennepin County Adult Correction Facility site located east of Vicksburg Lane, west of Shenandoah Lane, and south of County Road 6. Senior Planner Keho gave an overview of the July 19, 1996 staff report. Commissioner Bildsoe commented that there is already a problem with crossing Vicksburg on the Luce Line trail. He asked how the traffic study was done. Senior Planner Keho stated that the traffic studies indicated that there would not be any adverse impact from the proposal, as there would not be a significant increase in traffic. City Engineer Faulkner explained that the traffic consultant checked with other driving ranges in the metropolitan area to accurately project the daily vehicle trips. Commissioner Bildsoe asked about the possibility of linking optional improvements to the Luce Line Trail crossing to the approval of the proposal. Senior Planner Keho replied that Commissioners could ask for a particular option, but that staff has been working with the County relating to the issue. Commissioner Bildsoe commented that he would like to see Option A attached to the approval of the request. Commissioner Bildsoe asked if the public would be in more potential danger with the people from the workhouse working in the nursery. Commissioner Spigner asked why the log cabin is tied to the approval of this project. Senior Planner Keho responded that the building is hazardous and the County would like it removed. Commissioner Ribbe asked if the driving range will allow use of any type of golf club. Chairman Stulberg introduced Shirajoy Abry, representing the petitioner. Ms. Abry thanked City staff for working with them on the proposal. She asked for an extension to December 31, 1996 for removal of the log cabin. The County is talking with the Plymouth Historical Society to see if any parts are available for reuse in the replication. Ms. Abry asked if latitude could be given to Item 2D of the resolution, as they are in discussion with Hennepin Parks to operate the driving range, but it would be premature to commit to that. Chairman Stulberg asked if staff would concur with that request. Senior Planner Keho replied affirmatively, as the ordinance reads that the property be owned or operated by a governmental body. Chairman Stulberg introduced Damon Farber, representing the petitioner. Planning Commission Minutes July 23, 1996 Page #170 Mr. Farber stated that his firm was asked to address concerns of surrounding properties for additional landscaping for berming. They have been working on this over the past year. They came up with a landscape nursery and a driving range. The nursery would allow the County to plant their own native trees and plants instead of buying outside. Developing the driving range would be beneficial to the public, and a good source of revenue for the County. Mr. Farber stated that they met with residents of the neighborhood on June 24. Some of the concerns raised by the neighborhood pertained to fencing, traffic, lighting, fertilizer, and safety. There is an eight -foot high fence proposed for around the nursery to keep deer out. There will be a four -foot high ball catching fence around the driving range. There may be residents of the workhouse working in the nursery, but not in the operation of the driving range. Mr. Farber explained that the only lighting that exists is the security lighting on the building itself. The nursery and driving range will be gated on Shenandoah Lane and Vicksburg Lane. The applicant has agreed to move the entrance further away from the Luce Line Trail. Mr. Farber stated that the 50 - foot high fence is black cloth netting, which would be taken down during the winter. The impact of the fence is reduced by the berm, as the fence will be inside the berm on the Adult Correction Facilities' property. Mr. Farber stated that their intent is to keep the driving range grounds as organic as possible. Mr. Farber stated that the driving range will not be restrictive in what types of clubs can be used. The tees have been turned to the north and east away from the road within the fenced area. Chairman Stulberg introduced John Skavnak, representing the petitioner. Mr. Skavnak, Division Manager of the Adult Correction Facility, stated that there have been numerous inmates working on the property over the years, with 125-130 working on a given day. He anticipates that no more than six to eight inmates at any given time would work at the nursery, with the exception of spring planting and harvesting time. There will be no inmates working at the driving range, except for maintenance of the greens and picking up balls. He explained that there is a classification system used to rate inmates - Level 1 thorough 4, with 4 being the more at risk. Any inmates that work outside at the facility are classified a Level One. Level One inmates are people that have traffic convictions or are short-term offenders. Commissioner Spigner stated that it was her understanding that the nursery and driving range were to be a means of providing a "productive day". Mr. Skavnak explained that a productive day" means that the facility use inmates for resident services to cut costs for their incarceration. Mr. Skavnak confirmed that inmates would be used at the nursery and at the driving range for upkeep of the range. Commissioner Spigner asked if the money generated by the nursery and driving range will affect residents' taxes at all. Mr. Skavnak replied that no money goes back to the Adult Correctional Facility, but rather directly back to the County. The more revenue generated, reduces the tax levy. Planning Commission Minutes July 23, 1996 Page #171 Commissioner Ribbe asked if the nursery will be retailing. Mr. Skavnak responded that they will not be retailing, but rather looking at other governmental agencies for their customer base. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Tom Sorbel of 1180 Weston Lane. Mr. Sorbel stated that he lives across Vicksburg Lane from the proposed driving range. Mr. Sorbel stated that he is concerned with the increase of traffic and the noise from traffic and from machines used to maintain the driving range. Mr. Sorbel wanted to know who is libel for damage caused to private property due to flying golf balls. Mr. Sorbel asked if there will be lighting by the sign, and if the lighting by the building is downward. Mr. Sorbel stated his concern with security. He had previously suggested that the Adult Correction Facility use a radio transmitter on site to warn surrounding residents if there is an escape. He stated that if there is money to propose a recreational use, there should be money available for communication with neighbors on an escape. Mr. Sorbel wanted to know if the proposal will negatively impact the property values in the neighborhood. Chairman Stulberg introduced Steve Rudin of 16205 County Road 6. Mr. Rudin stated that when he purchased his property he knew that traffic was a concern. Mr. Rudin stated that he is in favor of the project, and is eager to see the land put to good use. Mr. Rudin agreed that the Luce Line Trail crossing in general is a problem, and it needs to be addressed somewhere down the line. He stated that this proposal should not impact it any further. Mr. Rudin thought that the way the tees are proposed to be aligned, it would be very unlikely that golf balls would go over the fence into the neighboring properties. Chairman Stulberg closed the public hearing. In response to questions raised, Mr. Skavnak stated that there is a notification system that consists of a calling list of surrounding residents, which is supplied by the Public Safety Department. The calling list is activated when there is an escape. Mr. Skavnak stated that he did ask other colleagues what type of system they use to alert the neighbors. No other facility uses a system similar to what Mr. Sorbel suggested. Mr. Skavnak stated that the last escape from the secure facility occurred in 1994, and the calling list was activated. Chairman Stulberg introduced Tom Whitlock, representing the petitioner. In response to questions raised, Mr. Whitlock stated that the light source for the building is positioned under the eaves, and is motion activated. There is one proposed light that will be aimed toward the Adult Correction Facility property that will be an uplight by the Planning Commission Minutes July 23, 1996 Page #172 sign to promote the facility. The source of the light will be hidden. Relating to noise issues, Mr. Whitlock stated that you should not be able to tell the difference from the current noise, as there are currently mowers on site for maintenance, and close to 10,000 vehicles on Vicksburg Lane. The golf ball picking machine will be an electric golf cart and the noise is minimal. There will be one additional mower for the driving range. Regarding who is responsible for potential damage caused from flying golf balls, Mr. Whitlock stated that the individual hitting the ball is libel. There will be visual surveillance of the driving range tee box area to monitor any potential problems. Ms. Abry stated that the County is also concerned with liability issues, and she will obtain more information from their legal department. Chairman Stulberg stated that she should forward the information to City staff before the item goes to City Council. Commissioner Spigner disclosed her affiliation with Hennepin County. No objection was raised by other Commissioners. MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe recommending approval of the Conditional Use Permits, Variances and Site Plan for Hennepin County for property located at the Adult Correction Facility. MOTION to Amend by Commissioner Bildsoe, seconded by Commissioner Spigner to add a new Condition #6 requiring that improvements be made to the Luce Line Trail crossing, which could include crossing signage, pavements markings and overhead lighting, at staffs' discretion. Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Spigner, seconded by Commissioner Bildsoe to add new Condition #7 stating that "no juvenile residents without adult certification shall be allowed to work on either site". Commissioner Spigner explained that juveniles sentenced as adults would benefit from working at the nursery and/or driving range. Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Bildsoe to change Condition #2d to read "The driving range shall be owned or operated by a government agency." Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Stoebner to amend Condition #5 extending the time to remove the log cabin to 12 months. MOTION failed due to lack of a second. Planning Commission Minutes July 23, 1996 Page #173 MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Bildsoe to change Condition #5 to extend the deadline to December 31, 1996 for removal of the log cabin. Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. Roll Call Vote on Main Motion as Amended. 5 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 9:25 p.m., and reconvened the meeting at 9:37 p.m. D. PLYMOUTH PONDS DEVELOPMENT, LLC (96095) Chairman Stulberg introduced a request by Plymouth Ponds Development, LLC for a Conditional Use Permit to allow a Participative Athletic Use in an industrial building located at 3555 Holly Lane North. Planner Drill gave an overview of the July 18, 1996 staff report. Planner Drill commented that staff did receive letters concerning additional traffic and noise. He stated that there will not be a noticeable increase of traffic to Medina Road. City Engineer Faulkner concurred. Commissioner Spigner questioned why an athletic program would consider an industrial site for their business, rather than a site in the downtown Plymouth area in close proximity to Life Time Fitness. Planner Drill stated that this type of use works well in an industrial building because of the availability of large spaces with high ceilings. He noted that participative athletic use is allowed in the Industrial District with a Conditional Use Permit. Planning Supervisor Senness concurred that it is an appropriate use in an industrial area, provided certain conditions are met. Chairman Stulberg introduced Mike Leuer, representing Plymouth Ponds Development LLC. Mr. Leuer stated that the proposal for a participate athletic use will be a good mix for the industrial site, and that they should be a good long-term tenant. Mr. Leuer stated that he did agree to meet with several of the surrounding residents before the meeting to address their concerns. Chairman Stulberg introduced Mary Sansevere, representing the petitioner. Ms. Sansevere stated that she also talked with residents prior to the meeting. She stated that the primary users of the facility will be children 8 to 15 years of age that will schedule individual or team appointments for cheerleading instruction. There will be a lounge with a viewing area for parents to stay and watch. She anticipated that there would be 25 Planning Commission Minutes July 23, 1996 Page #174 people per hour at full capacity. The days of operation will be Monday through Friday for scheduled appointments, with Saturdays limited to special events. Commissioner Stoebner asked if Ms. Sansevere operates any other facilities. Ms. Sansevere replied that they currently use a Northwest Health Facility through their affiliation with the Minnesota Timberwolves. Ms. Sansevere stated she normally goes directly to the individual schools for team training. Ms. Sansevere commented that by having their own facility, it allows them greater control over the atmosphere, and the proper floor support, mirrors, and other non-portable equipment. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter from Andy Jones of 3430 Jewel Lane North indicating his opposition to the proposal due to teenage drivers going to and from the facility. Chairman Stulberg introduced a letter dated July 22, 1996 from Laurie T. Jones of 3430 Jewel Lane stating her opposition to the proposal. Ms. Jones' letter states her concerns with parking spaces available on the site to accommodate the overlap of business hours. In her letter she asked if it is a wise idea to introduce additional traffic to an area where the amount of traffic is critical to the safety of the adjacent residential neighborhood. Ms. Jones stated in her letter that she is concerned with students driving themselves to Planet Spirit, and the potential loitering that will happen. She stated that this business would be better suited in a business neighborhood where the person that is waiting could patronize adjoining businesses. Ms. Jones also stated that noise from traffic and the clientele is a concern. Chairman Stulberg introduced a letter dated July 23, 1996 from Susan S. Rugh of 3440 Jewel Lane. He stated that since Ms. Rugh is in attendance, she could speak for herself. Chairman Stulberg introduced Susan Rugh of 3440 Jewel Lane North. Ms. Rugh stated that she sent a letter accompanied by photographs of her view from her deck for City staff and Commissioners to review. Ms. Rugh stated her dismay over not being invited to attend the meeting between the petitioner and neighboring residents, as she certainly would have been happy to discuss her concerns with the applicant before the meeting. Ms. Rugh stated her opposition to the granting of a Conditional Use Permit due to evening traffic that would interfere with her family activities, such as eating dinner on their deck, or enjoying their yard. She stated that the planned development would cycle teenagers in and out on an hourly basis, increasing the amount of traffic and noise on her street. She stated that the developers/owners have failed to control the traffic and workers associated with the current tenants, as trucks routinely enter and exit at the driveway marked "no trucks". Employees have taken smoking breaks on her property, to her great annoyance, which is an invasion of privacy and constitutes trespassing. Ms. Rugh stated that the project alters the proposed land use for commercial purposes. She stated that residents were assured by the City that the proposed industrial park would be Planning Commission Minutes July 23, 1996 Page #175 limited to daytime traffic. She stated that to approve the project not only infringes on her rights, but it is also un-American. Chairman Stulberg closed the public hearing. Chairman Stulberg asked if the meeting between Mr. Leuer, Ms. Sansevere and residents was preplanned. Mr. Leuer replied that he received a call from a resident requesting that they get together before the meeting. Mr. Leuer agreed to meet with the resident at 6:30 p.m. Mr. Leuer stated that the individual spread the word that he would be available before the meeting to answer questions and address issues the residents may have. Ms. Sansevere stated that she would be willing to incorporate a "no loitering" in their standard list of rules for individuals that sign up for instruction. She stated that her experience has been that most people do not hang around outside. They would come into the facility and wait in the waiting area or be in the warming up area. Chairman Stulberg stated that if employees are trespassing on Ms. Rugh's property, she should call the authorities. Mr. Leuer stated that he is aware of trucks entering through the "no trucks" driveway, due to construction on Holly Lane. He is addressing the problem, and hopefully will be alleviated. Chairman Stulberg commented that he did not think that the hours of operation were limited in the original approval of the industrial park. In response to Ms. Rugh's pictures of the landscaping, Mr. Leuer stated that it is too hard to screen Holly Lane, and it is a public road. The landscaping that was required by the approval has been installed for building one, but has not been completed yet for building two. Ms. Rugh commented that there is no screening between her property and the truck docks. Mr. Leuer stated that there will be screening for cars parked by Planet Spirit. MOTION by Commissioner Stoebner, seconded by Chairman Stulberg recommending approval of a Conditional Use Permit for Plymouth Ponds, L.L.C. for participative athletic use in an industrial building located at 3555 Holly Lane North. Commissioner Spigner stated that she would vote against the proposal because it could be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. She stated that she does not have a problem with the use being in an industrial site, but this site is too close to a residential area. She stated that she thought the Planning Commission did discuss truck traffic and late hours of operation. Planning Commission Minutes July 23, 1996 Page #176 Commissioner Ribbe stated that this type of function should be encouraged. He added that we are now living with some of the unavoidable circumstances of an industrial facility by a residential site, but it is a past issue. Chairman Stulberg cautioned that the approval would be for a participative athletic use, not just for cheerleaders. Commissioner Stoebner stated that he thinks the use meets each and every one of the Conditional Use Permit standards, and the proposed business would be a benefit for the property and the community. Roll Call Vote. Vote 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Spigner voted Nay.) E. JULIA ROZHONSKY (96097) Chairman Stulberg introduced the request by Julia Rozhonsky for a Conditional Use Permit to allow Participative Athletic Use in an industrial building located at 2440 Fernbrook Drive. Planner Drill gave an overview of the July 18, 1996 staff report. The petitioner was not in attendance. Commissioner Spigner commented that the Commission should act on the item. MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe to table the item. Roll Call Vote. 2 Ayes. MOTION failed on a 2-3 Vote. (Commissioners Stoebner, Spigner and Chairman Stulberg voted Nay.) Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of a Conditional Use Permit for Julia Rozhonsky for a participative athletic use in an industrial building located at 2440 Fernbrook Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. 7. OLD BUSINESS A. ZONING ORDINANCE UPDATE Planning Commission Minutes July 23, 1996 Page #177 Planning Supervisor Senness stated that staff has received a draft copy of the zoning ordinance and that staff is reviewing it. Staff will meet with the consultant, and will bring the ordinance forward to the Planning Commission at their August 27 meeting. The ordinance will be mailed out ahead of time to give Commissioners ample time to review it. Chairman Stulberg reminded Commissioners of the special Planning Commission Meeting on July 30, 1996, with the City Attorney. Also, there is a public meeting on July 31, 1996, to discuss northwest Plymouth. Commissioner Bildsoe stated that the Park and Recreation Advisory Board is discussing northwest Plymouth and how to make golf a larger part of the community. Planning Supervisor Senness stated that there will be a public meeting scheduled for the Noise Ordinance at the August 13, 1996 Planning Commission Meeting. Commissioner Stoebner commented that he will not be able to attend the August 13, 1996 meeting. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to adjourn. Meeting adjourned at 10:35 p.m.