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HomeMy WebLinkAboutAgenda & Draft 9/8/08 Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, SEPTEMBER 22,2008 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: o A. EP08-134 & 135 Justin Rubenzer is requesting a conditional use permit and a request for a variance from the 60 foot side yard setback to allow a car wash in the C-4 (General Business) Zoning District. This property is located at 4520 Tower Street. B. EP08-136 Lyaman and Dorothy McPherson are a variance from the 25 foot front yard setback to allow for a garage addition in the R-1 (Residential) Zoning District. This property is located at 16282 W est Avenue. 6. Old Business: 7. New Business: A. EP08-138 Cardinal Development submitted concept plan for North Summit Preserve. 8. Announcements and Correspondence: 9. Adjournment: LI08 FILESI08 PLANNING COMMISSIONl08 PC AGENDASIA~~~ofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, SEPTEMBER 8, 2008 1. Call to Order: Vice Chair Ringstad called the September 8, 2008, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Perez and Ringstad, Planner Jeff Matzke, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Absent Absent Present Present 3. Approval of Minutes: The Minutes from the July 14, 2008, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Ringstad read the Public Hearing Statement and opened the meeting. A. EP08-134 & 135 Justin Rubenzer is requesting a conditional use permit and variance from the 60 foot side yard setback to allow a car wash in the C-4 (General Business) Zoning District. This property is located at 4520 Tower Street. Planner Jeff Matzke presented the Staff Report dated September 8, 2008, on file in the office of the City Community Development and Natural Resource Department. CONDITIONAL USE PERMIT REPORT: Justin Rubenzer has applied for a Conditional Use Permit for a car wash located at 4520 Tower Street. The property is located south of State Highway 13, east of County Road 23 (Panama Avenue), and west of Toronto Street. The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping on the 2030 Comprehensive Plan Map. A car wash is permitted with a Conditional Use Permit in the C-4 district. The applicant is also applying for a variance from the side yard setback requirement. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 1 Planning Commission Meeting September 8, 2008 The applicant is requesting to place a 6,583 square foot car wash on the 2.92 acre site. The proposed car wash includes 6 self-service bays and two automatic wash bays. A possible future third automatic wash bay is proposed at the east end ofthe building. The access aisles will wrap around the west end of the lot to the rear of the building. The entry for the wash bays will be from the south of the building. The overhead doors for the automatic bays will close after each car enters allowing for reduced noise toward the residential lots to the south from the dryers at the north end of the automatic bays. The vacuums have also been located on the north end of the lot to reduce noise to the residential homes located south of the property. . The Zoning Ordinance requires a minimum 1 space for each wash bay and with no less than 10 parking spaces on site for employees, drying, and vacuuming purposes. The site proposes 14 spaces. · The applicant proposes to create a storm water pond at the west side ofthe lot to address the storm water needs. · The proposed wall and pylon signage meets the requirements of the Sign Ordinance. · Screening along the north and east property lines as well as add additional coniferous trees along the southeast comer ofthe rear drive aisle. The wooded area at the rear of the property will remain for screening purposes as well. · Reflected glare or spill light shall not exceed a 1.0 foot-candle at the property line when the source of light abuts any commercial or industrial parcel and a .5 foot- candle abutting a residential use. The photometric design details 8 downcast light fixtures which will meet this ordinance requirement. Overall, staff believes the car wash is consistent with the intent ofthe C-4 use district provided conditions of approval are met. Based upon the findings set forth in the report, staff recommended approval of the Conditional Use Permit. In order to meet the above- listed criteria, the Planning staff recommends the following conditions: 1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval. 2. A sign permit application must be submitted to the City prior to the installation or alteration of any signage on the site. 3. The applicant shall address all staff comments as outlined in the August 22,2008 engineering; August 25,2008 CDNR; and August 27, 2008 building memorandums. VARIANCE REPORT: In order to construct the car wash as proposed the following variance is required: · A 40 foot variance from the required 60 foot minimum setback abutting an "R" Use District (Section 1102.1300(11)). L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 2 Planning Commission Meeting September 8, 2008 The applicant has proposed to place the 6,583 square foot car wash structure a distance of 20 feet from the east property line. This property abuts a property on which the local school district offices are located. This adjacent property was the former location the Ponds Edge School, however, this school was removed in 2006 due to the construction of the Jeffers Pond Elementary School and the Westwood Elementary School addition. The school district then renovated the building to house the district offices exclusively. Despite the current commercial use nature ofthe offices the property has remained an R- 1 Low Density Residential zoned property, and therefore the applicant is required to maintain an increased setback from the lot. The standard C-4 zoned commercial side yard setback is 20 feet. The applicant is asking for a variance to allow for the car wash building to be placed at the standard C-4 zoned commercial side yard setback. The strict applicant of the 60 side yard setback creates a hardship for the property owner. This adjacent property was the former location the Ponds Edge School, however, this school was removed in 2006 and the school district offices now house the building. The applicant has proposed to meet the standard 20 foot side yard setback required in the C-4 Zoning District. Staff recommended approval of the requested side yard variance with the following conditions: 1) This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community Development & Natural Resources Department prior to the issuance of a building permit. 2) The building permit is subject to all other applicable city, county, and state agency regulations. Questions from the Commissioners: Perez asked staff to review the parking proposal. Matzke pointed out the parking locations. Noted the applicant exceeds the required number of stalls. Comments from the Public: Applicant Justin Rubenzer, 4915 190th Street, explained he designed the building with the neighbors in mind. The building is set as far forward as allowed on the property and the dryers face north with closed doors reducing noise. Rubenzer stated he was available to answer questions. Billington asked if any equipment would be placed on the roof or exterior of the building that would emit loud noise affecting the neighbors. Rubenzer explained all equipment would be inside the building. Hours of operation will be from 6 am to 10 pm, seven days a week. Perez asked Rubenzer ifhe had any concerns or issues with the Engineering staffs conditions. Rubenzer responded he did not see any problems and have made the changes. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 3 Planning Commission Meeting September 8, 2008 Phyllis Broz, 4478 Pondview Trail, questioned if the drainage pond would be on the dog- leg section ofthe parcel. Matzke pointed out the proposed ponding area and the sewer and water utility lines on the property. Matzke also outlined the property lines. Linda Pelzl, 4486 Pondview Trail, questioned the purpose of the retention pond. Popper explained the pond provides the water quality for the site before it drains into the wetland. There could be revisions to the pond size, depending on the edge ofthe wetland. Rubenzer said the car wash would not be open 24 hours. Pelzl said she had a concern for undesirable situations. Rubenzer said safety video cameras would be on site. Pelzl asked if trees would be removed along the property line. Rubenzer said only if necessary for the retention ponding. Pelzl felt the trees were significant to block the view. She asked ifthe applicant gave any thought to putting in a fence. Rubenzer replied he did not. John Quach, 4511 Pondview Trail, asked for the car wash description. Rubenzer explained the proposal. Quach asked if any trees were going to be removed. Rubenzer responded he was keeping 150 feet of trees as a barrier for the neighbors. Quach felt it was not enough - he can still hear Holiday car wash. Rubenzer explained their dryers face a different way and he designed the building to prevent noise towards the neighbors. Jim Dellwo, ISD 719, neighbor to the east ofthe project, asked ifphase one would be more than 20 feet from the school property line. Matzke responded it would be 35 feet from the building. Poppler explained the existing drainage and future runoff. Phyllis Broz, 4478 Pondview Trail, said she is concerned for the noise. Are there things that can be done to reduce the noise? Matzke explained there are different dryer models and all have to meet MPC noise requirements. Holiday car wash meets the requirements. Ringstad noted there were four spruce trees on the northeast boundary on the landscaping plan. "Ifthe number of trees were increased, possibly 6 to 8 foot trees, recognizing it will increase cost of the proj ect, and that is not something we want to do, we are also trying to be sensitive to the neighbors concerns. Would a double row of larger spruce trees minimize the noise? Make no mistake the neighbors will hear noise because obviously there is nothing there now." Matzke responded the trees may impact the noise. "When you are talking about coniferous or pine trees, you're talking about year round coverage than some of the wooded deciduous trees. Some sound will be limited, probably not considerable amounts. The vacuum and dryer locations in the front would have a greater impact. " Rubenzer said he is buying quieter dryers and the doors will be closed when the dryer cycle is running. There will only be two dryers. Perez asked if the bays will have doors. Rubenzer responded they will have airlift doors that automatically close. The doors will be shut most ofthe time. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 4 Planning Commission Meeting September 8, 2008 Phyllis Broz, felt the ponding will never work. She asked if the neighbors get another opportunity to view and comment on the ponding issue. Poppler said the applicant's engineer needs to address the comments regarding the pond and until they do he cannot give an exact answer on the ponding configuration. Ringstad ask Poppler ifhe expected dramatic changes to the ponding. Popper responded the nature of the slopes would make the ponding in the same area. He went on to explain the 10 foot bench and buffer. Most likely the ponding would be in the triangle area ofthe property. Broz pointed out the existing wetland boundary and asked again if the neighbors would be able to comment on the issue. Ringstad explained there are no public hearings for changes in this nature (ponding). Poppler explained the possible changes. Ringstad he will address the pond issue in his Commissioner Comments. Broz asked Rubenzer ifhe owned any other car washes and if this was his first business. Rubenzer responded this is his first business. Michelle Will, 4554 Pondview Trail, said she was disappointed to hear the car wash was going in and believes it will reduce the value of her home. Will said with the present economy they were just barely hanging on to the equity in their home. She asked the Commissioners to require a fence and extra trees to prevent additional sound. Will stated she already hears the postal delivery at 2:45 am; they hear the garbage being picked up at the district office at 6:45 am and now she will hear the carwash doors open at 6 am for the rest of her life. Car radios will be blasting, trash will blow into her yard and she does not know what kind of ramifications this will bring. Will said she can already hear the existing car wash. "There are other car washes in the area. To see this go in when it's not a necessary service to the community and to see my property value drop because of it, it's very discouraging. You men (Commissioners) right here are the only people I have to protect my property value right now. I am asking you to seriously consider the ramifications of this and what will happen to my property. My husband is in the Air Force and is looking at going to Iraq. Ifhe doesn't come home and I have to sell this house. .. How am I suppose to take care of my family? Please consider the ramifications of this business and what it is going to do the all the properties along Pon~view Trail. We already have one foreclosure in the neighborhood. If something goes wrong with our economy we are looking at not being able to make payments. You are looking at more foreclosures." The public hearing was closed at 6:43 pm. Comments from the Commissioners: Perez: . Based on comments from the residents and Assistant City Engineer the ponding could be significant. Not knowing the exact engineering information it's hard to make a decision at this time. It is a key piece we need. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 5 Planning Commission Meeting September 8, 2008 · It doesn't sound like Mr. Rubenzer has any kind of equipment identified. It would be good to know exactly what is going in and maybe check with Holiday to see what kind of equipment they have and compare. · Concerned for the noise with the hours of operation. Agreed with Commissioner Ringstad that there will be some noise. · Don't think I can make a recommendation at this time. Recommend continuing the public hearing. Billington: · There are some issues in this application without question. · Asked Poppler ifthere was a way to pin down the delineation ofthe pond, even at some future date. Poppler said he had a number of questions from the applicant's engineer that needed a response. "Once we know where that wetland delineation is we'll have a better idea where the pond will go. I would say it is likely the ponding will be in the triangle piece to the south based on the topography and some ofthe constrictions of the other area. Assume it will go into the triangle piece." · So from an engineering perspective your educated opinion is there is little question it is going to be located onto the other area. Poppler responded "Correct. " · Concerned for noise to the neighbors. I have to believe this is state ofthe art equipment and goes beyond what the Holiday car wash has. Holiday is not new and there has probably been improvement; to equipment. · I understand there is concern from the neighbors. · There is a strong possibility of a recommendation to add trees as a buffer. In favor of that. · Not against this project. In general, this can work if done right. We need commercial development. There is no question. Even those who are neighboring the facility would agree with that. It has to be done with a very cautious approach, keeping in mind what is best for everyone. · Agree to continue until we have more engineering information on this matter. Ringstad: · Supports both Commissioners recommendation to continue to a later date. If the ponding is moved the neighbors should have an opportunity to review the new information. · Suggest staff add additional trees for a buffer as a condition. A double row of staggered 6 to 8 foot trees could be placed for significant coverage. Not five to ten years, I'm talking right out ofthe gate. I do not say that lightly because I know the expense involved. This car wash is close to a neighborhood but is clearly in a place zoned for it. However, car washes need conditional use permits for these reasons. They impact neighborhoods and we do need to deal with the umque concerns. · This carwash is designed as well as it could be taking into account the neighborhood. A lot of thought has gone into it. Congratulations to the applicant. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 6 Planning Commission Meeting September 8, 2008 · Nobody is trying to buffalo anyone, with respect to the neighbors - there is going to be noise. It is just one of the realities of car washes. There is a car wash a block away but it is free enterprise. The property is zoned for a car wash. · Six o'clock to ten o'clock is the maximum time car washes are allowed. Maybe hours of operation could be seven to nine o'clock. Perez - suggest the applicant meet with the neighbors before the next meeting and show the changes. Ringstad - Neighbors - keep this in mind, this use is a permitted use. Hopefully between the residents and applicant we can find some middle ground to make the best of the situation. MOTION BY PEREZ, SECOND BY BILLINGTON, TO CONTINUE THE PUBLIC HEARING TO A SPECIFIC DATE AND DIRECT THE APPLICANT TO PROVIDE THE NECESSARY ADDITIONAL INFORMATION. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY PEREZ, SECOND BY BILLINGTON, TO TABLE THE PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE 60 FOOT SIDE YARD SETBACK ABUTTING AN R-DISTRICT. The Commissioners discussed timelines and engineering issues. <D Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: · Fall Fest - Monday, September 15,2008 starting at 6:00 pm. · Ordinance Updates - staff will bring final sometime in October. Possible workshop with City Council in November. . The next meeting will be September 22,2008. 9. Adjournment: The meeting adjourned at 6: 57 p.m. Connie Carlson Recording Secretary L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN090808.doc 7