HomeMy WebLinkAboutPlanning Commission Minutes 05-13-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MAY 13, 1997
MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John
Stoebner, Bob Stein, Jeff Thompson, and Kim Koehnen
MEMBERS ABSENT: Chairman Michael Stulberg and Commissioner Roger
Berkowitz
STAFF PRESENT: Community Development Director Anne Hurlburt, Planners
Shawn Drill, Kendra Lindahl and John Rask, 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 Koehnen
recommending approval of the April 22, 1997 Planning Commission Minutes. Vote. 5
Ayes. MOTION carried unanimously.
5. CONSENT AGENDA:
6. PUBLIC HEARINGS:
A. NORTH COUNTRY PROPERTIES (97023)
Acting Chairman Ribbe introduced the request by North Country Properties for a
Preliminary Plat for three single family lots on 5.75 acres located south of South Shore
Drive, east of the City of Medicine Lake Fire Department, and west of Bassett Creek.
Planner Rask gave an overview of the May 6, 1997 staff report.
Acting Chairman Ribbe asked if the proposed lots presently have sewer. Planner Rask
replied that the lots have the ability to hook up to municipal sewer.
Acting Chairman Ribbe introduced Mark Kelly, representing the petitioner. Mr. Kelly
stated because the development is so small, the requirement of extension of municipal
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May 13, 1997
Page #107
water causes an undue financial burden. He asked the Commission to reconsider the
condition for extension of municipal water, as they would prefer to place wells on the lots.
Commissioner Stoebner asked if the applicant could identify negative impacts of extending
municipal water to the lots.
Acting Chairman Ribbe introduced Dean Swanson, representing the petitioner. Mr.
Swanson stated that the extension of the water main would cause disturbances to Bassett
Creek and the trees located on the property. Mr. Swanson indicated that it would also
cause a financial hardship, as it would run $40,000 to $60,000 to extend the water main.
He said that it would be difficult to absorb that cost, and they are limited in the number of
lots that can be built on the property.
Commissioner Stoebner asked if additional trees would have to be removed if the water
main was extended. Mr. Swanson replied affirmatively.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Dick Anderson of 10530 South Shore Drive. Mr.
Anderson asked what type of houses are going in, as he is concerned with aesthetics and
size, and that they will blend in with the surrounding neighborhood. Mr. Anderson asked
what the setbacks are, and if they homes could be moved back further to blend into the
trees. Mr. Anderson wanted to know how the proposed bike path fits with this proposal.
Mr. Anderson commented that no one in the neighborhood is in favor of bringing in
municipal water because of the financial burden. He commented that he does not want to
pay for water or street improvements because of this proposal.
Acting Chairman Ribbe introduced Paul Behl of 10508 South Shore Drive. Mr. Behl
stated large homes would be out of character for the neighborhood. He stated the
importance of preserving the trees. Mr. Behl questioned if everyone within 500 feet had
been notified, since no neighbors east of the bridge are at the meeting. Mr. Behl wanted
to know how other wells in the neighborhood would be impacted if the Commission
agreed with the applicant's request for wells. He also questioned the impact on the
proposed bike path.
Acting Chairman Ribbe introduced Ron Hennes of 10520 South Shore Drive. Mr. Hennes
stated that it is important to protect the wetlands. Mr. Hennes stated he is concerned with
drainage issues, as the south side of these lots have been under water on many years. Mr.
Hennes was under the impression that there was going to be a cul-de-sac for the
development. He commented that three more driveways would make it more dangerous.
Mr. Hennes stated the lots will be luxury lake view properties, and the applicant should be
able to absorb the cost of putting in city water.
Mr. Behl asked where Bassett Creek is in proximity to the proposed lots.
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Page #108
Planner Rask pointed out where Bassett Creek is on the map. Director Hurlburt asked
how far the house is from the creek. Planner Rask replied 125 to 150 feet.
Acting Chairman Ribbe closed the public hearing.
Mr. Swanson stated they don't have a specific style of house in mind yet, but it will blend
in with the natural environment. The size and shape of the homes will be dictated by the
Zoning Ordinance. Mr. Swanson indicated that they are looking at a 50 foot setback to
give more room for the bike path.
Acting Chairman Ribbe asked the applicant for an estimated square footage for the homes.
Mr. Swanson replied a 2,500 square foot footprint would be the maximum, and from a
market standpoint you don't want to overbuild or underbuild. Commissioner Koehnen
asked what footprint means. Mr. Swanson explained that footprint means one level for
square footage, and corrected his previous statement indicating that 1,500 to 1,800 square
feet would probably be more appropriate.
Acting Chairman Ribbe asked if there would be separate driveways. Mr. Swanson replied
affirmatively, as a cul-de-sac has a greater impact on safety. Planner Rask stated that the
property notice was mailed to all property owners within 500 feet. Planner Rask stated
that several lots located east of Bassett Creek did receive a property notice.
Acting Chairman Ribbe asked about the potential effect on the neighbors' wells. City
Engineer Faulkner replied that there is some potential of affecting other wells. He
explained that the normal procedure is that new developments are hooked to city water.
Mr. Swanson stated that their wetland delineation inspector looked at the property, and
the part of the property they intend to build the homes is situated on an upland.
Director Hurlburt asked staff to comment on the trail. Planner Rask responded that an
exact location for the trail on this property has not yet been identified. He stated that
there is a condition in the resolution that the developer shall provide the City with a trail
easement over the northerly 12 feet of Lots 1, 2, and 3 for the purpose of a trail. Planner
Rask stated that there is a minimum 25 -foot setback for the lots. Director Hurlburt stated
that the Commission could add a requirement for additional setback for the trail, which
would probably take away more trees.
Acting Chairman Ribbe asked if the applicant is planning for a 50 -foot setback. Mr.
Swanson answered that they do intend on more than a 25 -foot setback.
Director Hurlburt asked how the extension of the water main would affect the neighbors.
City Engineer Faulkner responded it is the developer's responsibility and burden to extend
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May 13, 1997
Page #109
the water. The neighbors would not be forced to hook up to city water, but if they choose
to, they would only have to pay a hook up fee.
Commissioner Koehnen asked how the proposed development would affect traffic.
Director Hurlburt responded that three homes will not cause an additional burden. City
Engineer Faulkner added that speed humps have been installed in the area.
Mr. Swanson asked if there are any road improvement plans for South Shore Drive, and if
so, it would be appropriate for the neighborhood to participate as a whole for road
improvements and extend the water to the area. City Engineer Faulkner replied that there
is nothing in the five year Capital Improvement Plan.
Commissioner Stoebner pointed out that the applicant's report indicates that the cost to
extend the water is $40,000, and asked what would be the cost for three wells. Mr.
Swanson anticipated $5,000 to $6,000 per lot.
Commissioner Stoebner asked how a fire hydrant would be installed if water is not
extended. City Engineer Faulkner answered that if the water was not extended, the fire
hydrant would not be installed. Planner Rask stated that the City's Fire Inspector is
requesting that the water main be extended, and that a hydrant be located at the west side
of proposed Lot 1. Extended water services at this location will enhance the City's fire
protection in this area. Planner Raks indicated that both the City of Medicine Lake and
Plymouth Fire Departments respond to fire calls in this area.
Commissioner Stoebner asked if the City Council has waived the water requirement in
new developments in recent history. City Engineer Faulkner replied negatively.
Commissioner Koehnen asked about wetland protection for the site. City Engineer
Faulkner responded that there are damn controls for flooding from Medicine Lake. He
stated that homes have to be a minimum three feet above the high water mark, and these
homes are proposed to be well above that.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of a Preliminary Plat for North County Properties for North
Country Estates located south of South Shore Drive, east of the City of Medicine Lake
and west of Bassett Creek.
Commissioner Koehnen commented that it makes sense to have city water provided now.
Commissioner Thompson stated that the City's Subdivision Code discourages use of
private water systems unless there is a hardship, and he does not see that element present.
Roll Call Vote. 5 Ayes. MOTION carried unanimously.
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Page #110
Acting Chairman Ribbe called a recess at 7:53 p.m., and reconvened the meeting at 7:58
p.m.
B. TOWN AND COUNTRY CATERERS (97038)
Acting Chairman Ribbe introduced the request by Town and County Caterers for a Zoning
Ordinance Text Amendment to define "Special Event and Catering Restaurant' and allow
them as a conditional use in the O -R (Office Residential) District.
Planner Drill gave an overview of the May 7, 1997 staff report.
Commissioner Thompson asked if the live entertainment associated with this use would
include sexually oriented businesses. Staff responded that live entertainment consists of
musical bands and deejays. Staff noted that sexually oriented businesses are regulated
separately and that the proposed amendment would have no impact on those existing
regulations. Commissioner Thompson asked if, under the Conditional Use Permit, live
entertainment could be precluded if located next to residential uses. Staff replied that, in
cases of potential land use conflict, extra conditions could be added to the Conditional Use
Permit, including monitoring of the use to ensure compatibility.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Larry Griffith, representing the petitioner.
Mr. Griffith stated that the owners of Town and Country Caterers, Inc. currently operate
in Wayzata, but have outgrown the facility. They currently have a purchase agreement for
a facility located at Empire Lane and Highway 55. He explained that this is a facility to
host corporate conferences, weddings and the like. The only live entertainment would be
a disc jockey for wedding receptions. Mr. Griffith indicated that if the proposal is
approved, they will submit a site plan and full presentation. Mr. Griffith stated that they
concur with the staff report.
Acting Chairman Ribbe introduced Jack and Judy Holscher of 17935
39th Place North,
owners of Town and Country Caterers, Inc. Mr. & Mrs. Holscher stated that would be
available for questions.
Acting Chairman Ribbe closed the public hearing.
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of an Ordinance Amending Chapter 21 (Zoning Ordinance) of the
City Code to define "Special Event and Catering Restaurant' and allow them as a
conditional use in the O -R (Office/Residential) District. Roll Call Vote. 5 Ayes.
MOTION approved unanimously.
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Page #111
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of the Findings of Fact for amending Section 21005 and 21450 of
the Plymouth City Code (Definitions and O -R Zoning District Respectively). Roll Call
Vote. 5 Ayes. MOTION carried unanimously.
C. ALDEN AND JEAN RANISATE (97038)
Acting Chairman Ribbe introduced the request by Alden and Jean Ranisate for a fence
height variance to build an eight -foot high solid wall fence along the front lot line and 38
feet along the north lot line at 1640 Oakview Lane North.
Planner Drill gave an overview of the May 7, 1997 staff report.
Acting Chairman Ribbe introduced Al Ranisate, the applicant.
Mr. Ranisate stated that concurs with the staff recommendation and is available for any
questions.
Acting Chairman Ribbe closed the public hearing.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of a Fence Height Variance for Alden and Jean Ranisate for
property located at 1640 Oakview Lane North. Roll Call Vote. 5 Ayes. MOTION
carried unanimously.
D. KINDERCARE LEARING CENTERS, INC. (97040)
Acting Chairman Ribbe introduced the request by KinderCare Learning Centers, Inc. for a
Site Plan, Conditional use Permit, Interim Use Permit and Variances for a daycare facility
south of Rockford Road between Plymouth Boulevard and Vicksburg Lane.
Planner Drill gave an overview of the May 6, 1997 staff report.
Commissioner Thompson asked if there are any health and safety concerns with locating a
trash enclosure inside a daycare facility. Planner Drill replied that internal trash rooms are
allowed to be designed internal to the principal building, and are regulated under the
building code.
Acting Chairman Ribbe asked if the code prohibits access from the inside. Director
Hurlburt replied that the code allows for internal and/or external access. She added that
staff is just requiring that it be integrated into the building.
Acting Chairman Ribbe opened the public hearing.
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Page #112
Acting Chairman Ribbe introduced Gray Greiner, representing the petitioner. Mr. Greiner
stated that KinderCare has 35 buildings in the metro area. Three of the facilities have
trash enclosures contiguous with the building. He said they have problems with odors
with an interior entrance into the building. It would be more beneficial to the children if
the trash enclosure was further away from the building. Mr. Greiner stated that they
would be willing to put the trash enclosure on the southeast corner of the building with an
external entrance. He said with that, there would be a net loss of two parking spaces. If
the Commission and staff would agree to amend the Interim Use Permit to 49 parking
spaces, they would agree to relocate the trash enclosure.
Acting Chairman Ribbe introduced John Dietrich, representing the petitioner. Mr.
Dietrich stated he was present to answer any questions.
Acting Chairman Ribbe closed the public hearing.
Commissioner Thompson asked if staff agrees to the reduction of parking spaces for the
Interim Use Permit. Director Hurlburt replied affirmatively.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of a Site Plan, Conditional Use Permit, Interim Use Permit (as
amended to 49 parking spaces) and two Variances for KinderCare Learning Centers, Inc.
for property located south of Rockford Road between Plymouth Boulevard and
Vicksburg. Roll Call Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending denial of a Variance to allow an exterior trash and recycling storage area
for KinderCare Learning Centers, Inc. for property located south of Rockford Road
between Plymouth Boulevard and Vicksburg Lane. Roll Call Vote. 5 Ayes. MOTION
carried unanimously.
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May 13, 1997
Page #113
E. REED DENNY (97056)
Acting Chairman Ribbe introduced the request by Reed Denny for a Variance to allow a
second driveway with a 102 -foot frontage at 3895 Pilgrim Lane North.
Planner Drill gave an overview of the May 5, 1997 staff report.
Acting Chairman Ribbe opened the public hearing.
Commissioner Stein asked if the garage is allowed. Planner Drill replied that a garage is
allowed, but the Zoning Ordinance limits single family uses to one driveway access per lot,
except when the property exceeds the required street frontage per Zoning District
requirements. Since the property only has 102 feet of street frontage along 38th Avenue,
an application for variance is required.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of a Variance for Reed Denny for property located at 3805
Pilgrim Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously.
F. MOEN LEUER CONSTRUCTION (97039)
Acting Chairman Ribbe introduced the request by Moen Leuer Construction for an Interim
Use Permit for deposit of fill on the proposed West Glen Corporate Center located south
of
36th
Avenue North, east of Rockford Road, north of Highway 55.
Planner Lindahl gave an overview of the May 7, 1997 staff report.
Commissioner Stein stated that the resolution indicates that the premises will be graded
and leveled, and asked if the fill will be stockpiled first. Planner Lindahl explained that the
fill will be moved from their Plymouth Ponds site to the proposed West Glen Corporate
Center site and stockpiled (not to exceed six feet) with a silt fence around it.
Commissioner Stein asked if the fill would be graded over the entire site. Planner Lindahl
stated that if nothing is approved for the site, the applicant would be required to move the
fill or to seed/sod.
Commissioner Thompson asked where the Engineer's Memo is. Director Hurlburt
responded that it is attached in memo format, and the conditions could be added to the
resolution.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Brad Moen, the petitioner.
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Page #114
Mr. Moen stated that the stockpile would be the remaining soils from the Plymouth Ponds
development. The West Glen site would be short of dirt regardless if anything is approved
for the site.
Acting Chairman Ribbe introduced Terry Moriarty of 3630 Black Oaks Lane North. Mr.
Moriarty questioned the need for the fill if the applicant's proposed development is denied,
and asked what would happen to the fill. He stated that the Harstad property to the east
has a large deposit of fill on it.
Acting Chairman Ribbe closed the public hearing.
Director Hurlburt stated that the Interim Use Permit is only for stockpiling or filling and is
separate from any development applications. If the development is not approved, the
applicant would have to move the fill again with the proper permits. A permit is required
to ensure proper erosion control.
Acting Chairman Ribbe asked if this application for fill has anything to do with the Harstad
property. Director Hurlburt replied negatively.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of an Interim Use Permit for Moen Leuer Construction for
deposit of fill at the West Glen Corporate Center site located south of 36th Avenue, north
of Highway 55, and east of Rockford Road.
MOTION to Amend by Commissioner Stein, seconded by Commissioner Koehnen to
delete Conditions #6 and 7 of the resolution, as it conflicts with the Engineer's Memo on
timing, and to incorporate the Engineer's Memo into the approving resolution.
Commissioner Thompson stated that he didn't think the resolution and Engineer's Memo
conflict. Director Hurlburt said that Condition #7 in the resolution is virtually the same,
but the Engineer's Memo puts a date certain. Commissioner Thompson stated if they do
complete it, they still have to grade, level, and seed.
Director Hurlburt stated the landfill operation should be completed by September 10,
1997, at which time it should be seeded and mulched. She stated staff understands the
intent and the resolution and Engineer's Memo should probably be combined.
MOTION to Withdrawn Motion to Amend by Commissioner Stein, seconded by
Commissioner Koehnen.
Roll Call Vote. 5 Ayes. MOTION approved unanimously.
7. OLD BUSINESS
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May 13, 1997
Page #115
A. MOEN LEUER CONSTRUCTION (97012)
Acting Chairman Ribbe introduced the request by Moen Leuer Construction for a
Preliminary Plat, Site Plan and Conditional Use Permit for construction of two
office/showroom buildings of 82,747 and 56,000 square feet to be known as West Glen
Corporate Center for property located south of
36th Avenue North, east of Rockford
Road, north of Highway 55.
Planner Lindahl gave an overview of the May 9, 1997 staff report. Planner Lindahl
presented a revised resolution with a new Condition #10 requiring a four-way stop to be
installed at 36th Avenue and Zanzibar Lane. It is also recommended that the City pay the
costs associated with the installation of the four-way stop.
Commissioner Thompson asked why the City should pay for the four-way stop. Planner
Lindahl replied that there is already existing traffic and sight line issues on 36th Avenue.
The four-way stop should be installed even if this application is not approved.
Commissioner Stein questioned whether the 1995 traffic study is accurate enough to base
decisions on. City Engineer Faulkner replied that it is in the general ball park. The
capacity of a minor collector street is 8,000 to 10,000 trips per day. Commissioner Stein
questioned the projected daily trips incorporating this proposal. Director Hurlburt replied
that at that particular intersection it could be 3,200 trips.
Commissioner Thompson asked if the City has any other site that allows 33 percent
incidental use. Planner Lindahl replied negatively. The B -C is a new district, and has no
percentage attached to it. The industrial district operations allows up to 50 percent office
as a permitted use.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Donald Butler of 3640 Black Oaks Lane North. Mr.
Butler suggested that the certain specifics should be considered in applying the
administration of the Conditional Use Permit: The increase in traffic levels from the
proposed project (and most likely from the future development of the Harstad parcel),
could overload the road and intersection at Vicksburg Lane. "No parking" signs should
be posted on 36th
Avenue from Vicksburg or Yuma Lane to County Road 9. Mr. Butler
stated that the residents have no objection to the berm previously suggested by the
applicant. Mr. Butler said that the Department of Natural Resources (DNR) stated that
proper permits would need to be obtained. Mr. Butler commented on reservations about
the completeness of the traffic study, but basically the residents agree with it. Mr. Butler
suggested that before anything proceeds on 36th Avenue, the Harstad property should be
looked at with regard to traffic issues. Mr. Butler commented that a trail should be put in
before any development. Mr. Butler said that this is the only project in the City that has
only one access and is by a residential area. He believes that this application would
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May 13, 1997
Page #116
change the concept of the use of the property with the Conditional Use Permit.
Manufacturing brings in different types of vehicles and
36th Avenue can't handle it. Mr.
Butler stated that the homeowners association has contacted the Attorney General's
Office for a determination on the ownership of Outlot B.
Acting Chairman Ribbe introduced John Wirig of 3635 Zanzibar Lane. Mr. Wirig
commented that the entrance point of the site is very narrow, and traffic will move a lot
slower through the entrance causing a problem with traffic flow. Mr. Wirig stated that the
traffic engineers suggested a frontage road to run parallel with Highway 55 for this
property.
Acting Chairman Ribbe closed the public hearing.
Director Hurlburt asked Mr. Butler if he is suggesting both sides of 36th Avenue be posted
as "no parking". Mr. Bulter replied affirmatively.
Director Hurlburt explained that some conditions can not be attached to this development.
The sidewalk on the north side of 36th Avenue can not be attached to the developer, but
the Commission can direct staff to suggest to the City Council for inclusion in the Trail
Plan. The Commission can direct staff to request that the City Council post "no parking"
signs along
36th Avenue. The issue of the berm is between the applicant and the
homeowners association. Director Hurlburt stated that DNR permits are given for the
entire project, not just the berm.
Director Hurlburt stated that staff has not received any plans for the Harstad property, so
where traffic will be routed is an unknown. The current Comprehensive Plan shows the
property will be office use. When the Harstad property develops, staff could look at a
second access to the Moen Leuer site at that time. The Site Plan does allow for the
connection to occur to the Harstad property. A traffic study would also be done at that
time.
Director Hurlburt stated that the more office use there is, the more traffic you will have
mainly cars). What the Commission decides on the Conditional Use Permit will set a
precedent for this district in the future.
Director Hurlburt stated that the City Attorney has indicated that the City owns Outlot B,
and it should not affect a decision on this application.
Commissioner Stoebner asked the applicant to explain the reasoning for 33 percent use for
assembly, manufacturing and warehousing/indoor storage as accessory uses. Mr. Moen
explained that they need to have flexibility in a building, and thought that a split of one-
third between uses would be appropriate. He stated that it is not an office/warehouse
building. Any trucks on the site will be more for service use, such as U.P.S. trucks and
vans.
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Page #117
Acting Chairman Ribbe asked if the applicant is in agreement with the 33 percent. Mr.
Moen replied that they prefer no restrictions on the percentage, but staff won't allow that,
so the compromise is 33 percent. He commented that the building is too shallow for truck
traffic.
Commissioner Stoebner asked what the inside clear height is at Plymouth Ponds. Mr.
Moen replied 24 feet, and West Glen is proposed at 18 feet.
Director Hurlburt explained that you can't have warehousing by itself, it has to be an
accessory use by a business in the district. The percentage of use will have to be
monitored through tenant finishes. Commissioner Stein asked if each tenant is allowed 33
percent. Director Hurlburt replied negatively, it would be the building as a whole.
Acting Chairman Ribbe asked if stop signs should be installed prior to development.
Director Hurlburt replied that it is part of the resolution, and once passed, staff would be
authorized to install immediately.
MOTION by Commissioner Koehnen, seconded by Commissioner Stein recommending
approval of a Preliminary Plat and Site Plan for Moen Leuer Construction for property
located north of Highway 55, south of 36th Avenue and east of Dunkirk Lane. Roll Call
Vote. 5 Ayes. MOTION approved unanimously.
MOTION by Acting Chairman Ribbe, seconded by Commissioner Koehnen
recommending approval of a Conditional Use Permit for Moen Leuer Construction for
West Glen Corporate Center located south of 36th
Avenue, north of Highway 55, and east
of Dunkirk Lane North.
Commissioner Thompson indicated he will vote against the motion, as the applicant is not
entitled to a well balanced building, only an incidental or accessory use. He stated that the
use will fundamentally change the character of the building, and is not consistent with the
B -C use.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner
to change the Conditional Use Permit to allow manufacturing, assembly and warehousing
as accessory uses to permitted uses in the B -C zoning district, not to exceed 25 percent of
the gross floor area of the buildings.
Mr. Moen stated that it would be difficult to build with these restrictions. He doubted that
he could get the project financed with the restriction of 25 percent.
Commissioner Thompson stated that the B -C district is imposing the restrictions. The
Commission has to concern itself with not only the application, but also future Conditional
Use Permit applications in a B -C district.
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Page #118
Commissioner Koehnen asked about the possibility of setting a precedent. Director
Hurlburt language stated that the ordinance doesn't define what is incidental or accessory.
When the ordinance is revised and a numerical standard is set, it will have influence on the
next application. Commissioner Thompson commented it would be difficult to deny a
future application at 33 percent if this one is approved.
Commissioner Stein stated that he will vote against the amendment. He commented that
maybe the correct number should be 30 percent, but he prefers to go by what the staff
report indicates.
Roll Call Vote on Amendment. 4 Ayes. MOTION carried on a 4-1 vote.
Commissioner Stein voted Nay.)
Roll Call Vote on Main MOTION. 4 Ayes. MOTION carried on a 4-1 Vote.
Commissioner Stein voted Nay.)
MOTION by Commissioner Stein, seconded by Commissioner Thompson requesting that
the City Council post both sides of 36th Avenue from Vicksburg Lane to County Road 9
as "no parking". Vote. 5 Ayes. MOTION approved unanimously.
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson requesting
that the City Council include a sidewalk along
36th Avenue in the Sidewalk/Trail program.
Vote. 5 Ayes. MOTION carried unanimously.
Commissioner Thompson suggested that a public hearing be held on setting an appropriate
accessory percentage in the B -C district. Director Hurlburt replied that staff is working
on "clean-up" types of issues for the ordinance for a meeting in June or July, and staff
could prepare this topic for discussion at that time.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen to adjourn.
The meeting was adjourned at 10:37 p.m.