Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 07-16-2014Approved Minutes City of Plymouth Planning Commission Meeting July 16, 2014 MEMBERS PRESENT: Vice Chair Bryan Oakley, Commissioner Gordon Petrash, Marc Anderson, Dick Kobussen, Jim Kovach and Gary Goldetsky MEMBERS ABSENT: Chair Jim Davis STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Marie Darling and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Goldetsky, seconded by Commissioner Petrash, to approve the July 16, 2014 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 18, 2014 PLANNING COMMISSION MEETING MINUTES B. DRYWALL SUPPLY, INC. (2014048) Request by Drywall Supply, Inc. for a variance to allow an eight -foot fence in a front yard on property located at 9700 13th Avenue. MOTION by Commissioner Kobussen, seconded by Commissioner Petrash, to approve the consent agenda. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. LAKE WEST DEVELOPMENT (2014036) Vice Chair Oakley introduced the request by Lake West Development for rezoning and preliminary plat for "Fretham 24th Addition" for seven single family lots on property located from 617 to 725 Cottonwood Lane. Approved Planning Commission Minutes July 16, 2014 Page 2 Senior Planner Drill gave an overview of the staff report. He said three letters have been added to the public hearing record. Commissioner Kobussen asked when this area was developed, as it does not appear to meet current zoning standards. Senior Planner Drill said this area dates back to the 1930's or 1940's. Commissioner Kobussen asked if the lot next to 618 meets minimum lot width requirements for RSF-1. Senior Planner Drill estimated that lot width to be 100 -110 -square feet and said there is no survey of that lot. Vice Chair Oakley introduced the applicant, Don Jensen, representing Lake West Development. Mr. Jensen said there have been several neighborhood meetings. He said they worked with the Samargia property to lessen the impact of the cul-de-sac on that property. He said what doesn't exist today is any treatment of runoff. Mr. Jenson said runoff would be piped to the new water quality pond and treated. He said if it exceeds storage capacity it would go through a pipe system to feed the wetland. Mr. Jensen said 6-8 new homes would have new runoff, but the amount of runoff would be the same. Mr. Jensen reviewed the tree preservation plan and said the majority of inches are made up of cottonwoods and willows and they will work with the City Forester to review which trees warrant replacement. He said some trees provide a strong visual buffer on the north and east and keep the feeling of woodedness. Mr. Jensen said they are not opposed to custom grading as some neighbors asked, but added large cottonwoods may be deemed unsafe in some cases. He said moving house pads could save more trees. Mr. Jensen said the green ash, volunteer willow, buckthorn, soft maples, cottonwoods, and some trees over mature stage were not taken into account on the survey. Mr. Jensen stated he believes the numbers will come down after review with the city forester. Mr. Jensen stated the character of the existing lots and yards is fairly open, They are trying to have the west side similar to the existing. He said there are 400-500" of significant and insignificant tree inches remaining on the site. Mr. Jensen said they are responding to the goals of the comprehensive plan and are being environmentally responsible. Commissioner Kobussen asked when Outlots A and B would be transferred and in the meantime who would own them. Mr. Jensen said they would be transferred at the time of final plat to the neighbor to the east if they agreed. Vice Chair Oakley opened the public hearing. Vice Chair Oakley introduced Michael Siskin, 535 Evergreen Lane. Mr. Siskin said the neighbors have seen multiple projects proposed over the last 20 years for this area. He said the McDonald's and assisted care facility project happened through compromise, and from the city's Approved Planning Commission Minutes July 16, 2014 Page 3 perspective, the zoning change helped the tax base. Mr. Siskin asked what the city is getting from this zoning request to increase density to 7 lots. He said the winners are LDK (builders), because they can sell an extra three lots, and the neighbor who may be able to subdivide. Mr. Siskin said the developer has a website marketing seven lots for $239,000 - 249,000 which is presumptuous as people are still fighting to save their neighborhood while LDK is marketing the detailed plan. He said LDK knew the zoning when they bought, and four nice homes platted properly as RSF-1 would be a benefit to Cottonwood Lane. Mr. Siskin said he fully endorses four homes and the proposal does not benefit the city nor neighbors broadly. Vice Chair Oakley introduced Howie Milstein, 545 Evergreen Lane, who said he bought his home because of the nature and landscape. He said the trees serve as a buffer between him and the Cottonwood Lane neighborhood. He said staff endorsing the proposed plan have not experienced the woods, creatures, turkey and deer from his back yard. Mr. Milstein said he is not sure of legalities, ethics or morality, but this proposal is distasteful. Vice Chair Oakley introduced Brent Liebersbach, 815 Cottonwood Lane. Mr. Liebersbach spoke against the 7-8 new lots. He said he has a young family and is concerned about traffic. He said he understands property rights, and 4 lots are a good thing, but sees 8 lots as a problem. Mr. Liebersbach said at the neighborhood meeting the developer said RSF-2 zoning would be a little closer together and that some neighbors might benefit from that. He said the neighborhood he bought into was RSF-1 and he thinks it is wrong to rezone and worries the rest of the neighborhood will rezone. Mr. Liebersbach said there are 11 lots and his kids play all the place. Mr. Liebersbach said future new neighbors could move in and if rezoned to RSF-2, there could be up to 25 lots. Mr. Liebersbach said the developer stated existing lots are fairly clear and not a lot of new planting. Mr. Liebersbach said the lots are clear because he has a 20,000 square foot lot with 14 mature trees; small lots with the tree coverage we have would be crowded. Mr. Liebersbach said when 805 Cottonwood was built, they kept 10 mature trees in the front yard and back. He said the owners who do purchase should have the option to keep certain trees, instead of mass grading the site. Mr. Liebersbach said you can't go back and put up a 60 -year old tree — you can only keep a 60 -year old tree. He said by putting in the cul-de-sac without splitting the lot at 618 Cottonwood, that lot becomes RSF-1 compliant, because of the additional frontage. He concluded that he does not want 25 lots on his street as that is not what he bought. Vice Chair Oakley introduced Roy E. Beacham, 825 Cottonwood Lane. Mr. Beacham recounted the history of the development of the strip mall, and speculation to buy Cottonwood Lane homes and put in townhomes. He said in 2005, 617 Cottonwood Lane was valued at $180,000 and purchased for $400,000 and 725 Cottonwood Lane was purchased for nearly $300,000. Mr. Beacham said the reason for the acquisitions was evident, and the city placed a one year moratorium on this area. He said now in 2014 the same speculators own these properties, and he outlined three reasons to deny the rezoning: 1) the zoning is not congruent with the southeast corner of the city, as Xenium Lane east to Highway 55 is only RSF-1, with the exception of Sycamore Lane; 2) there is no demonstrable benefit to the neighborhood by rezoning to add 7 homes; (Mr. Beacham said he does not object to 4 or 5 homes under current zoning laws. He said the burden of proof is on the developer to demonstrate to the neighborhood and city a benefit and they have not done that.) and, 3) if the city wants to see all of the older homes Approved Planning Commission Minutes July 16, 2014 Page 4 replaced for more dense housing, then why not rezone the whole area RSF-2. All lots would be divided and the city would get newer homes on smaller lots. Mr. Beacham said in an earlier conversation with a city planner, he discovered an incongruity both unfair and preferential against Plymouth homeowners in favor of outside speculators and developers. He said he was told that an individual property owner who wants to rezone would need 100% agreement of the neighbors to approve rezoning. Mr. Beacham said a non-resident and speculator who has held property since 2005 wants to rezone and the city appears to be ready to give them approval in spite of virtual 100% opposition of neighbors. Mr. Beacham said this is a disparity in standards. Vice Chair Oakley introduced Frederick Young, attorney for Leonard Lindelof, 620 Cottonwood Lane. Mr. Young said RSF-1 zoning under the comprehensive plan classification of LA -1 allows a maximum of 3 units per acre and RSF-2 zoning allows more than 3 units. Mr. Young stated that the moment this goes from RSF-1 to RSF-2, regardless of the plat, it is not in accordance with the comprehensive plan. Section 21000.03 of the Plymouth Zoning Ordinance states, "...the city will not approve any rezoning that is inconsistent with the city comprehensive plan." Mr. Young said the zoning map shows the character of the neighborhood is RSF-1, and this proposal is spot zoning. Mr. Young said spot zoning is typically limited to a small plot of land which establishes a use classification (RSF-2) that is inconsistent with surrounding uses RSF-1) and creates an island of a non -conforming use in a larger zoned district. Mr. Young stated his client feels this is spot zoning and cited a case, Robert Herman vs. the City of Des Moines. Mr. Young requested this application be denied and echoed the concerns about increased traffic, increased density that does not conform with character of the neighborhood, small lots with smaller setbacks, and very different homes and lot configurations with RSF-2 zoning. Vice Chair Oakley introduced Daniel Lafontaine, 11400 5th Avenue N. Mr. Lafontaine concurred with earlier comments regarding rezoning. He said this development is in his backyard, and he has lived there 24 years and sees trees and wildlife, and now to look at headlights and plows would destroy his quality of life. Mr. Lafontaine said all water runoff from the west goes over the Lindelof land into his, and he said runoff cannot change post development. He showed photos of the water going across his yard to the creek which is slowly creeping up. Mr. Lafontaine said the city put in an overflow drain to save his house from flooding, but it is flooding his yard and causing trees upstream to be standing in water, which is causing them to die. Mr. Lafontaine showed photos of the water problems in the area and heavy equipment stored on the proposed lot. He said water that should be running off the gravel, which the city put in to deter water, is water coming onto his lawn. Mr. Lafontaine said the developer proposes to push that water off the cul-de-sac into a pond, then south, and then into his yard which can't take any more water. Mr. Lafontaine said he is not opposed to 4 lots, and said he wants the commission to look out for the neighborhood. Vice Chair Oakley introduced Robert Courtney, 800 Cottonwood Lane, who said he has 180 feet of road frontage and doesn't want curb, gutter, storm sewer, nor new water supply assessments, and does not want higher taxes. Approved Planning Commission Minutes July 16, 2014 Page 5 Vice Chair Oakley introduced Lauren Lindelof Leith, 610 Cottonwood Lane. Ms. Leith said she appreciates the comprehensive plan and part of that plan is to keep LA -1 at 2 houses per acre with a maximum of 3. She said the zoning map shows the area is all zoned RSF-1, and there are no small pockets of different zoning as the city has not allowed that to happen. She said they appreciate the rural aspect and the natural environment. She said this would be spot zoning, and her father would not be allowed to rezone his property and build 2 homes. Ms. Leith said her son is on .69 acres in the neighborhood and could only have 1 house. Ms. Leith said the residents on Cottonwood Lane lost some of the rural feeling when the senior high rise went up. She said 5 homes would be beneficial to everyone and would help with property values. She said the forfeited land is a pathway for people, turkey and deer. Ms. Leith stated undeveloped land is still okay and you don't have to develop every piece of property. Ms. Leith said her father has lived there 60+ years and has a big garden which could end up to be 15' from a proposed new home. She asked to respect values of older residents, and progress doesn't mean new homes always but preserving what we have. Vice Chair Oakley closed the public hearing. Senior Planner Drill discussed additional traffic and said a single family home generates an average of 10 trips per day. He said the net five additional homes (there are two homes on the site today) would add 50 trips spread out over the day, and the road can easily accommodate those trips. Senior Planner Drill stated RSF-2 zoning does comply with LA -1 guiding. He clarified the area of the streets is also a part of the plat and possibly that was not considered when Mr. Young concluded the zoning did not comply. Senior Planner Drill included in the staff report the LA -1 excerpt from the comprehensive plan and the corresponding zoning districts (including RSF-2) listed as acceptable. Planning Manager Thomson added that the comprehensive plan is the guiding document for density, and if a plat is proposed that exceeds density, it would not be allowed. Senior Planner Drill stated from staff perspective this proposal would not be considered spot zoning. He said the minimum district requirement is 1 acre and this site is over 3 acres, which complies with the requirements to create a zoning district. Senior Planner Drill added there is PI guiding and zoning directly to the west, it is not surrounded by RSF-1, and the use is the same as the adjacent lots. He said a classic case of spot zoning would be putting a bank in the middle of a single family district. Senior Planner Drill said Mr. Beacham had questioned if the city rezones this to RSF-2, would they consider rezoning the entire neighborhood if all of the neighbors wanted to do that. Senior Planner Drill stated any landowner at any time can submit an application for his property. Senior Planner Drill clarified that the city would only initiate a rezoning if 100% of a neighborhood wanted that. Marty Campion, Campion Engineering, stated the proposed development meets current city requirements for runoff. He said the increase in runoff is routed to and retained in the pond, and Approved Planning Commission Minutes July 16, 2014 Page 6 then released at a slower rate. Mr. Campion said their calculations show they will be compliant with the rate of discharge from the site. Planning Manager Thomson asked about equipment on the site and if there has been grading. Mr. Jensen said they have been under contract only a short time and have not authorized grading. Planning Manager Thomson addressed Mr. Courtney's concern and said there is no upgrading for curb and gutter. She said if the city upgraded the road in the future, it would not be related to this development. Commissioner Anderson calculated the RSF-2 zoning for 2.82 net acres would be a maximum number of 8.46 homes and the density range is 6-8. He said for RSF-1, the calculation would be 2.82 x 2 = 5.64 rounding up to 6. He said the proposal for 4 or 5 units is not in conformance with the comprehensive plan. Senior Planner Drill explained minimum density is a goal, and if there are natural resources and preservation issues, you can go below. Commissioner Goldetsky asked if there is a compelling advantage to the city to have 8 homes versus 4. He said clearly 8 is to the developer's advantage, and he said he is having a difficult time understanding the advantage with rezoning. He asked if spot zoning is a technical term or a casual term. Senior Planner Drill said spot zoning is a legal term. He explained that rezoning is not like a conditional use permit or variance where an applicant demonstrates meeting criteria to prove the city is benefitting. He said from an efficiency standpoint for utilities, e.g. more homes feeding off a line is a more efficient use of city resources. Commissioner Petrash said the net of rezoning would be 2 additional houses. Senior Planner Drill said that is correct. Commissioner Kovach asked how likely it would be that there would be conservation or preservation issues to build another 5 homes on the property. Senior Planner Drill said if the plat showed 5, we could probably support that, as there are wetlands and trees to preserve, so we could make the argument to go below the two units per acre. Commissioner Petrash said both sides eloquently and comprehensively addressed the issues, and he sympathizes with people in the neighborhood who have been pushed from all ends. He said he is not sure the difference between 5-7 would be a significant difference to the atmosphere and well-being of the neighborhood from the way it is now. Approved Planning Commission Minutes July 16, 2014 Page 7 Commissioner Kobussen said he likes the redesign of the cul-de-sac as the hammerhead turnaround is less than ideal. He said the cul-de-sac will benefit everyone, including delivery people. Commissioner Kobussen said overall he sees it as an advantage and doesn't see leaving this property empty for a few years. Commissioner Kobussen said he does not think adding 2 houses will make a major difference. The RSF-2 meets the requirements of the LA -1 guiding. Commissioner Petrash said the zoning map shows all RSF-1 in this area and asked if there are other places in Plymouth like that or is this an anomaly. Senior Planner Drill reviewed higher density areas in the city which abut single family homes. Commissioner Goldetsky said 8 lots had been put on the website for sale. He asked if there is any agreement that 8 lots would be available at that site. Senior Planner Drill said the website showed 7 and stated the city is not a part of that in any way. Commissioner Anderson said the neighborhood and adjacent property owners are not in agreement with rezoning. Commissioner Anderson said the map is all one color and one area south of Highway 55 is changing to RSF-2, so he considers the change inconsistent with what's happening in the neighborhood. He said 2 or 3 homes makes a difference to those people and in his opinion will change the character of that neighborhood. Commissioner Anderson said they were forced into the senior housing and the McDonald's, which he thought was too close but it was good for the city. Commissioner Anderson said the character has remained for the most part and they want it that way. Commissioner Anderson said he is not in favor of rezoning. Commissioner Anderson said the developer could go with a plan with the cul-de-sac with 5 lots which would satisfy the neighbors, and still be good development and good for the city. Vice Chair Oakley said RSF-1 does not appear appropriate zoning for this site, as it is close to the highway and commercial area. He said if we were starting from scratch, this would be guided to a higher density. He said RSF-2 is not appropriate either, and said he does not believe this is a good reason for changing from one zoning that is not appropriate into another zoning that is not appropriate for the area. He said it potentially kicks the issue decades down the line. Vice Chair Oakley said he will not support the zoning change. He said the developer has the option of coming in with 5 lots. Vice Chair Oakley said the residents presented their case well, and he appreciated the logical discussion and lack of repetitive comments. Vice Chair Oakley said 2 houses do make a difference. He said he had supported the senior housing and was pleased when driving the site today to see they had not taken out all the trees between the road and the building. Vice Chair Oakley said 5 new homes could fit in, but 7 would probably change the character of the neighborhood. Commissioner Goldetsky supported Vice Chair Oakley and Commissioner Anderson's comments. He said 4 houses would be more appropriate. He said he was moved by the comments and reasoning from the neighbors and sees no compelling reason to change. Approved Planning Commission Minutes July 16, 2014 Page 8 MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to recommend approval of the request by Lake West Development for rezoning and preliminary plat for Fretham 24th Addition" for seven single family lots on property located from 617 to 725 Cottonwood Lane. Roll call vote. 2 Ayes. MOTION failed. Commissioners Goldetsky, Anderson, Kovach and Oakley voting nay. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend denial of the request by Lake West Development for rezoning and preliminary plat for "Fretham 24th Additional" for seven single family lots on property located from 617 to 725 Cottonwood Lane. Roll call vote. 4 Ayes. MOTION approved. Commissioners Kobussen and Petrash voting nay. Approved Planning Commission Minutes July 16, 2014 Page 9 B. JUNEAU VENTURES, LLC (2014037) Vice Chair Oakley introduced the request by Juneau Ventures, LLC for rezoning and preliminary plat for "Juneau Ridge" for five single family lots on property located at 5815 Juneau Lane. Senior Planner Darling gave an overview of the staff report. Commissioner Anderson asked how the Northwest Greenway trail corridor would run through this proposal. Senior Planner Darling said it will connect at the northwest corner and loop around the wetland on this property. She said the alignment has not been determined to Juneau Lane. Vice Chair Oakley introduced the applicant, Fred Stelter, 14505 43rd Ave., who thanked staff for their help and professionalism. Mr. Stelter said as a 30 -year resident of Plymouth he is concerned about tree preservation. He said the design will impact only 20% of the trees. Mr. Stelter said if they are permitted to use the existing sewer access to build the pond as well as bore the sewer line up to Juneau Lane, they can maintain the trees along the edge of the property. He said the engineer was required to show an alternate access in the design. Mr. Stelter said the proposal meets the guidelines and ordinances. Commissioner Kobussen asked if future homeowners will be made aware of all future assessments on Juneau Lane and the Northwest Greenway in their backyards. Mr. Stelter said he is deeding the outlot to the city and city would be responsible for creating the trail. He said homeowners would be notified of the trail, and added there is a density of trees and elevation change shielding the trail. Vice Chair Oakley opened the public hearing. Vice Chair Oakley introduced Derrick Girard, 5825 Juneau Lane. Mr. Girard said he and his wife picked their house and 3/4 acre one year ago because of trees and privacy. He said based on the size of his lot and neighboring lots he thought possibly 3 homes would go in, and he is not okay with 5 homes. Mr. Girard said he was told the trees between the homes would be ripped down, and he wants to know more about the sewer and water lines and construction access as that is his property line. He said they were told Trillium Woods was going to be in front of their house but is now very different as there is a massive building in front of his driveway and a maintenance access to Trillium Woods. He said they are now losing what they thought they bought one year ago. He asked if there would be trenching through his yard for utilities, and if trees would be ripped out and replaced. Mr. Girard asked how the walking path will impact his property. He said he is not against development, but 5 houses are being crammed on this lot. Vice Chair Oakley introduced Dmitri Shtulman, 14765 59th Avenue. Mr. Shtulman concurred with Mr. Girard and said 5 homes does not seem to fit with the dynamics of surrounding neighborhood. Mr. Shtulman echoed concerns of previous speakers (Item 6A) and the reason Approved Planning Commission Minutes July 16, 2014 Page 10 they purchased their homes was because of tree cover, and they love wildlife. Mr. Shtulman said they are only taking 20% of the trees but appealed to factor in not how many but which trees as they offer privacy, quiet and peace. He added Henry the Owl lives in one of these trees. Mr. Shtulman said he is waiting for the trail to be finished, and is opposed to this proposal mainly because of uncertainty and impacts on surrounding homes and neighborhood. Vice Chair Oakley introduced Jim Claseman, 5755 Juneau Lane. Mr. Claseman said he has lived there 28 years and the closest proposed house could be within 8 feet of his property line. Mr. Claseman said he bought for privacy, but understands things change. He said Trillium Woods across the street is change but it is a good thing for a retirement community. Mr. Claseman said he has 4 acres, and this proposal will be a drastic change for him, mainly because of the density of the lots. Vice Chair Oakley closed the public hearing. Senior Planner Darling reviewed the utility access on the east side of Mr. Shtulman's property and the west side of the Girard property. She said they will bring the sewer line into the property, directional bore to the top of the hill and then along Juneau Lane. The water would be extended from Trillium Woods to Juneau Lane to serve the proposed properties. Commissioner Anderson asked if trees would be removed with the directional bore process. Senior Planner Darling said there would be a directional bore to protect the trees on the property line. She said if equipment comes in to construct the pond, this is the area they would use. Commissioner Anderson asked if this would be for construction access or future access to the pond for public works. Senior Planner Darling said the city would use the sewer access to access the pond or use the Northwest Greenway trail corridor, which would be more practical to bring equipment in and out. Senior Planner Darling said the Northwest Greenway trail corridor stops at the northeast corner and in the future would loop around the wetland. She reviewed the tree replacement on the east side, at the house pads, and at the bottom of the hill where the pond and drainage swale would be constructed. Senior Planner Darling said they do not meet the threshold for tree replacement, but when the homes are constructed there will be two trees in each front yard. Commissioner Anderson questioned only 4 trees being removed on the north end adjacent to the border. Senior Planner Darling said those 4 trees meet significant sized trees. Planning Manager Thomson said there would be some additional non-significant sized trees removed. Vice Chair Oakley asked about the utility easement above the existing sewer. Approved Planning Commission Minutes July 16, 2014 Page 11 Senior Planner Darling said there is a 6 -foot easement on the property to the north plus 14 feet on the subject property for a total of 20 feet, which is a standard easement for a sanitary sewer. Vice Chair Oakley said it is typically offset 10 feet on either side. He asked about access for maintenance of the storm water pond through that easement and where it would be relative to the properties. Senior Planner Darling said if the developer does not get permission for the offsite sewer access, then the north property line would be used for the equipment to construct the pond. Pond maintenance would be from the sewer access or the Northwest Greenway trail. Vice Chair Oakley asked if there is access across the existing sewer easement to build the pond, would trees need to be taken out for the directional drilling. Mr. Stelter said they have no desire to take out those trees. Mr. Stelter said if they can get a permit to use that access they will do so, and that has been the goal from the start. He said the engineer had to provide an access in case that option did not work. Commissioner Kovach asked the size of the lots in the Willows, and if this proposal would be consistent with that development. Senior Planner Darling said these lots vary from 8,000 to 15,000-20,000 square feet. Senior Planner Darling said the homes in the Willows have wider lots because the street curve required additional lot width, but the lot sizes are relatively similar, and it is the same zoning district of RSF-3. MOTION by Commissioner Petrash, seconded by Commissioner Kovach, to recommend approval of the request by Juneau Ventures, LLC for rezoning and preliminary plat for "Juneau Ridge" for five single family lots on property located at 5815 Juneau Lane. Friendly amendment by Commissioner Anderson, seconded by Commissioner Petrash, to include a condition that construction access for the pond not be immediately adjacent to north end of the subject property. Commissioner Anderson stated it didn't make sense to lose trees just for construction access. Friendly amendment accepted by Commissioner Kovach. Roll call vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes July 16, 2014 Page 12 C. NEW WAVE AQUARIA, INC. (2014047) Vice Chair Oakley introduced the request by New Wave Aquaria, Inc. for a conditional use permit to allow accessory retail sales exceeding ten percent of the tenant's floor area within an existing industrial building located at 14100 23rd Avenue. Senior Planner Drill gave an overview of the staff report. Commissioner Anderson asked about the term "livestock" in this request. Vice Chair Oakley introduced the applicant, Jennifer Nies, 12335 Bass Lake Rd. who explained livestock" refers to fish versus dry goods. Vice Chair Oakley opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Petrash, seconded by Commissioner Goldetsky, to recommend approval of the request by New Wave Aquaria, Inc. for a conditional use permit to allow accessory retail sales exceeding ten percent of the tenant's floor area within an existing industrial building located at 14100 23rd Avenue. Roll call vote. 6 Ayes. MOTION approved. 7. NEW BUSINESS A. PAULY ENTERPRISES, INC. (2014044) Vice Chair Oakley introduced the request by Pauly Enterprises, Inc. for a variance to retain an existing free-standing pylon sign at Plymouth Tire and Auto Service/Goodyear on property located at 2995 Harbor Lane. Senior Planner Drill gave an overview of the staff report. Commissioner Petrash asked if the two signs would conform with square footage requirements. Senior Planner Drill said cumulatively they would be over the maximum allowed. He said the pylon sign is close to 100 square feet, and the sign on Perkins is 48 square feet. Commissioner Goldetsky asked if there have been any complaints or concerns about the signs. Senior Planner Drill said no. Vice Chair Oakley introduced the applicant, Bev Kottas, 2995 Harbor Lane. Ms. Kottas said they are a Goodyear dealer and have contracts with auto rental firms that the public uses, and people could not find the Goodyear site. She said the offsite sign at Perkins was necessary, and they thought it would alleviate the problem. Ms. Kottas said since the approval of that sign, Rogers Master Collision has been replaced by Imola Auto Services and they have a two-year Approved Planning Commission Minutes July 16, 2014 Page 13 lease. She said another auto service who also sold Goodyear tires had looked at that site. Ms. Kottas said they want to be identified as a Goodyear dealer as they are authorized by Goodyear to do certain things. She said they are concerned as to what would move in and how to differentiate themselves, and Goodyear said the main thing is the pylon sign. Ms. Kottas said even with the pylon sign, people still have a hard time locating them due to the elevation, and trees and buildings that have grown up around them. She said Goodyear has told them they would not give approval for this site today as there is no visibility. Ms. Kottas said it is affecting their property value. Ms. Kottas displayed photos of the area taken at a level of someone driving through the area, which showed the visibility issues. Commissioner Petrash asked how long the has sign been there. Ms. Kottas said over 15 years. She added they originally owned the Holiday next door, and had the Goodyear sign on the Holiday sign, but lost it when they no longer owned the Holiday. Commissioner Anderson noted the ABRA auto repair south of Highway 55 on Fembrook has a small sign on Fembrook Lane, and that is how he finds it. He asked if they considered a sign at on the corner of Harbor Lane and Fembrook Lane. Ms. Kottas said they would consider that but ideally the pylon identifies them as a Goodyear dealer. She said a small directional sign and the pylon would be nice. Commissioner Anderson said he was not suggesting taking down the pylon. He said he supports Plymouth businesses, and if you think you need the sign, then he will listen to that. Commissioner Anderson said you may need some tree trimming. Commissioner Kovach said he drove the area night and day, and sympathizes as you can't see the signage anywhere. He asked if the signage is used to keep their identity or to draw people in. He said the pylon sign is not accomplishing that. Ms. Kottas said they need the sign both to direct and to identify them as a Goodyear dealer. Commissioner Kovach asked if it is possible to have a smaller pylon to the west to bring people in. Ms. Kottas said Goodyear requires the pylon sign per their specifications. Commissioner Kovach said if you can't see the sign when driving it defeats the purpose of having a sign. He said they need a sign with their identity with a little more exposure when driving, as the other one is hidden by the trees. Commissioner Kovach asked if they would consider a directional sign to the west near Holiday. Ms. Kottas stated they want to keep the pylon, and may be back for a directional sign in the future. Approved Planning Commission Minutes July 16, 2014 Page 14 MOTION by Commissioner Anderson, seconded by Commissioner Kovach, to recommend approval of the request by Pauly Enterprises, Inc. for a variance to retain an existing free- standing pylon sign at Plymouth Tire and Auto Service/Goodyear on property located at 2995 Harbor Lane. Vote. 6 Ayes. MOTION approved. Commissioner Petrash asked if they have considered cutting down the trees. Ms. Kottas said if it was just their trees they would, but they are surrounded by trees from the bank, Holiday, Imola and the Comfort Inn. 8. ADJOURNMENT MOTION by Vice Chair Oakley, with no objection, to adjourn the meeting at 10:05 p.m.