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HomeMy WebLinkAboutFebruary 25, 2008 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 25, 2008 City Council Ch~mbers 6:0,0 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. P~blic Hearmgs: A. EPO~-l 05 Grand Gar~ge.<;>KS.t.i11water, LLC is requestingtg amend the Zoning Map designation on the Northgate Center Complex from C-l (Neighb,orhood ~ommercial) to C-4 '(qeneral Business). The subject property is located at 15875 Fra.nkliIJ. Trail SE. B.EP08-1 0 1... EM Products is requesting a ConqitioI).al Use Pentrit to allow outdoor storage. The p1."9pertyis loc<M~.dat 5380 Cottonwood L3;ne SE. 6. Old Business: . 7. New Business: 8. Annou~cements and Correspondence: 9. Adjournment: L:I08 FILESI08 PLANNING COMMlSSIONl08 PC AGENDASIAG022508J)Qf - f . 1 k www.cnyopnorae.com Phone 952.447.9800 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 25, 2008 1. Call to Order: Chairman Lemke called the February 25,2008, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke and Ringstad, Planning Coordinator Danette Moore, Planner Jeff Matzke and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Absent Present 3. Approval of Minutes: The Minutes from the February 11, 2008, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. EP08-105 Grand Garage of Stillwater, LLC is requesting to amend the Zoning Map designation on the Northgate Center Complex from C-l (Neighborhood Commercial) to C-4 (General Business). The subject property is located at 15875 Franklin Trail SEe Planner Jeff Matzke presented the planning report dated February 25,2008, on file in the office of the City Planning Department. Grand Garage of Stillwater LLC is requesting a Zoning Map Amendment to change the use district from C-l (Neighborhood Commercial) to C-4 (General Commercial) on property located at 15875 Franklin Trail NE. The property is designated C-CC (Community Retail Shopping) on the 2030 Comprehensive Land Use Plan Map. The shopping center was constructed in 1998 and has had various tenants including a florist, salon, jewelry store, dry cleaner, the local school district, and a dance studio, among others. The school district vacated a large amount of space in the building in the L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 1 Planning Commission Meeting February 25,2008 summer of 2006 and since then the current owner has had difficulties securing other tenants. The applicant therefore requests a rezone to allow for an increased number of the types of commercial uses which are permitted on site. The report charts out the various uses for the C 1 and C4 zones. The area for which the rezoning is requested has changed. Also a number of C-4 District properties exist opposite Franklin Trail from the Northgate Center site. The proposed rezone will be consistent with these uses. In addition, specific businesses have additional regulations which may inhibit these specific uses to be located at the Northgate Center even though they may be allowed by the Zoning Ordinance. For example, a liquor licensed establishment cannot be located in the building since it must be located a minimum 300 feet from a church or school use. The proposed use district is consistent with the 2030 Comprehensive Land Use Plan Map. Based upon the findings, staff recommended approval. Questions from Commissioners: Fleming questioned staff if the permitted use for a fitness center would be considered "private entertainment?" Matzke responded it would. The use is similar to Triple Play Sports. Fleming noted in correspondence dated January 30,2008 from Grand Garage stating the lost a number of prospective tenants - "Do you have an idea what type of tenants or how many?" Matzke responded the applicant's representative was present and will respond. Matzke thought it was under a handful and they had lost some previous tenants. Comments from the Public: The applicant's representative Lynn Robson, 1274 Highway 35, Hudson, Wisconsin, explained they had 2 specific potential tenants - a fitness center and palates studio. Lemke asked if Safe Haven would be moving out to the McKenna Crossing area. Moore responded staffwas not aware of that. She had left a message wondering the same thing. Safe Haven has a number of facilities that serve different purposes. There were no other comments and the public hearing was closed at 7:10 p.m. Comments from the Commissioners: Ringstad: . The proposal will give the applicant greater flexibility. . Surrounding properties were notified and obviously they don't have a problem with it or they would have been here tonight. . Support. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 2 Planning Commission Meeting February 25,2008 Billington: . It is fairly obvious that there is an adjustment required in the occupancy perimeters in order to remain viable. This is not being changed a great deal. . The neighborhood would not be adversely impacted by this adjustment either. . Support. Fleming: . Support the proposal- the proposed use is consistent with the 2030 Comprehensive Land Use. Seems to be in great order. Lemke: . Fellow Commissioners have said everything. Agree with staffs analysis. . Support. MOTION BY BILLINGTON, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONING OF THE SUBJECT PROPERTY FROM THE C1 TO C4. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on March 17,2008. B. EP08-101 EM Products is requesting a Conditional Use Permit to allow outdoor storage. The property is located at 5380 Cottonwood Lane SE. Planner Jeff Matzke presented the planning report dated February 25,2008 on file in the office of the City Planning Department. EM Products has applied for a conditional use permit to allow outdoor storage on a site located at 5380 Cottonwood Lane. Currently, the site contains a 28,800 square foot structure. The property is zoned C-5 (Business Park). Outdoor Storage is permitted with a Conditional Use Permit in the C-5 District, subject to the following condition: 1102.1403(2) Outdoor Storage. Condition: a. Such use occupies an area no larger than 50% of the floor area of the principal structure and provided it is screened from view of adjacent residential property and public streets in accordance with the City's landscaping and screening Ordinance. The applicant, EM Products, is a manufacturer of industrial engine exhaust parts occupying the site since 1995. In a narrative the applicant states "due to an increase in the volume of product being constructed and shipped from the facility a temporary strain on the useable production space has arisen", To manage the temporary strain, the applicant has placed product outside the building while it awaits shipment. Over the past several months the applicant has been in contact with City Staff to reconcile these outdoor storage issues. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 3 Planning Commission Meeting February 25,2008 EM Products is asking for approval of a 6,730 square foot outdoor storage area on the east side of the current structure. This storage area would be used for placement of industrial engine exhaust parts as well as pallets and crates. The applicant has proposed to place sections of temporary board on board wooden fencing (74.50 inches high by 124.75 inches long) around the perimeter of the outdoor storage area. The business operations of EM Products involve constant shipment of their product from the site. Due to increases in product volume, they place the product outside to await shipment from the site. They state the temporary fencing will allow for the access of product when loading for shipment. EM Products has informed staff the request to allow temporary fencing is also due to the short term nature oftheir lease of the property. The applicant states this lease continues through June 2008. EM Products is discussing plans to expand the building on site but is hesitant to develop such plans until a long term lease agreement can be reached. Overall, staff believes the temporary outdoor storage is consistent with the intent of the C-5 Use District provided conditions of approval are met. Based upon the findings, staff recommended approval of the Conditional Use Permit. In order to meet the above-listed criteria, the Planning staff recommended the following conditions: 1. The Planning Commission shall review the conditional use permit prior to July 31, 2008 in order to determine whether a more permanent outdoor storage area is necessary. 2. If the outdoor storage becomes permanent or parking needs cannot be accommodated in the future, either a reduction of the outdoor storage area will be required or additional parking spaces must be provided to accommodate the parking. 3. The applicant shall only place outdoor storage within the confines of the approved site plan (attached as Exhibit A). 4. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission approval (including Exhibit A). Questions from Commissioners: Fleming asked applicant Tom Meline, Eden Prairie, general manager of EM Products, (5380 Cottonwood Lane) the status of the lease agreement and would it be wrapped up prior to June of this year. Moline responded they have to give their stated intentions to their landlord 90 days prior, they have a good relationship with the landlord and did not see a problem with extending the lease. With his discussions with the landlord, they have opened up the opportunity to see ifhe would be willing to fund an expansion on the existing property. We had reviewed that with the City but no definite discussions on L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 4 Planning Commission Meeting February 25,2008 exact size other than its conceptually possible. Meline did not see any reason there would be a problem. The landlord gave an expressed willingness to work with the applicant. Fleming - Given the time of construction of the outdoor storage area, I would assume those two things would be happening concurrently. Meline responded they would have to pretty much happen on a concurrent basis. Those details would have to be worked out with the landlord and financing. If the project goes past the July dates, we will be asking for an extension to at least go through an approval and construction period, however long that will be. Billington asked Meline ifthis was a spike in volume or is this increase of business expected to continue. Meline said they feel there will be continued increases. Since Phillips and Temro Industries has owned EM Products (1999) they have seen anywhere between a 5% and 10% growth. Meline said he would see no reason why they would not continue to see that growth. Comments from the Public: Anil Jain, stated he bought the business on the other side of the street at 16873 Fish Point Road last March. He can appreciate the need for excess storage as he is in the same situation. His company is along similar lines and would like to expand the business as well. Most of the building is being used for warehousing, crates and other materials. He would also like to expand and increase production. Jain questioned staff if this permission is granted would it be for the area or would each one of us have to individually apply? Moore said the process and each individual property owner would have to apply. Moore went on to explain this is process is a little groundbreaking for staff. The City has not in the past that she is aware of, done a temporary type of Conditional Use Permit. It is for the unique feature that they may be expanding. There is a specific window of time. If Mr. Jain would like to come through and want to do something similar to EM Products, he would be looking for more of a permanent outdoor storage Conditional Use Permit. Staff would be more than happy to help Mr. Jain through the process. The public hearing was closed at 6:21 p.m. Comments from the Commissioners: Fleming: Asked the distinction between "temporary" and "permanent" structures for uses. Is this going to be permanent or temporary? Moore explained the future expansion, when and if it does happen, that will be a permanent structure and most likely the outdoor storage feature will go away at that point. Ifit doesn't go away, it will be come a permanent Conditional Use and come back through the process and the Planning Commission will see it again. If the applicant decides not to expand and need outdoor storage in the future and go past the July 31 st timeline, at that time EM Products will be required to come back and request a Conditional Use Permit. That is why it is unique in the feature the L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 5 Planning Commission Meeting February 25, 2008 City is trying to be business friendly and help them on a temporary basis until they know what their needs are. Billington: . This seems to be a very reasonable request. Hopefully you will expand here permanently. I think this will fit in very nicely with the area. . Support staffs recommendation. Fleming: . Support and hopefully this will begin a new trend for businesses in Prior Lake. Ringstad: . Looks like a win-win situation. We have a business through positive evolution needs more space. . A lot oftimes municipalities get a bad rap that they are anti-business and in reality nothing is further from the truth. But that is the incorrect perception. And from the City's standpoint, we are groundbreaking with a temporary outdoor storage for very good reasons. Very glad to see that happening. . Support. Lemke: . Agree with Commissioners and the Findings staff put together. . Would like to encourage that businesses come to the City and work with staff and staff is able to come up with a solution that works. MOTION BY FLEMING, SECOND BY RINGSTAD, TO APPROVE RESOLUTION 08-05PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE C5 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: The Planning Commission meeting on March 24th may be cancelled. Staff will contact members. Regarding meeting with the City Attorney - staff is looking for some feedback with information to discuss. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 6 Planning Commission Meeting February 25, 2008 Lemke suggested maybe any case law where Planning Commissions got into trouble with language and/or language improving Findings. I think it would be very useful. 9. Adjournment: The meeting adjourned at 6:28 p.m. Connie Carlson Recording Secretary L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN022508.doc 7 PUBLIC HEARING Conducted br jthe Planni.ng Commission ':::fd?~ as', ~ The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT L:\DEPTWORK\BLANKFRM\PHSIGNUP.doc