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HomeMy WebLinkAbout121598REGULAR PLANNING COMMISSION AGENDA TUESD/IY, DECEMBER 15, 1998 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: A. Case #98-163 Request for an amendment to the approved conditional use permit for the Gleason Gymnastic School located at 17001 Fish Point Road SE. The proposed amendment will allow the hours of operation of the school to be extended to 2:00 PM to 11:00 PM, Mondays through Fridays for school sponsored activities. 5. Old Business: 6. New Business: A. Case #98-158 Lee Nelson of 16085 Northwood Road is requesting the vacation of an easement for water main located on Lot 94, Northwood. 7. Announcements and Correspondence: 8. Adjournment: THE DECEMBER 28, 1998 MEETING HAS BEEN CANCELED. rL:L98FILF~,~98PL~OI~C3~IDA~G 12159g .I~C 16200 aag~e~reeK ~ve. o.L., ~'nor LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES DECEMBER 15, 1998 1. Call to Order: The December 15, 1998, Planning Commission meeting was called to order by Chairman Stamson at 6:30 p.m. Those present were Commissioners Criego, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar and Assistant City Engineer Sue McDermott. 2. Roll Call: Vonhof Present Kuykendall Absent Criego Present Cramer Absent Stamson Present 3. Approval of Minutes: The Minutes fxom the November 23, 1998 Planning Commission meeting were approved as presented. 4. Public Hearings: Case #98-163 Request for an amendment to the approved Conditional Use Permit for the Gleason Gymnastic School located at 17001 Fish Point Road SE. The proposed amendment will allow the hours of operation of the school to be extended to 2:00 PM to 11:00 PM, Mondays through Fridays for school sponsored activities. Planning Coordinator Jane Kaiser presented the Planning Report dated December 15, 1998, on file in the office of the Planning Director. On September 21, 1998, the City Council approved an ordinance permitting gymnastic schools in the B-P zoning district with specific conditions. On December 7, 1998, the City Council amended the ordinance changing the condition relating to hours of operation. This Conditional Use Permit (CUP) amendment is to be reflective of the extended hours of operation. Staff recommends approval of the change to the CUP subject to specific conditions as listed in the staff report. Comments from the public: The applicant was not present at the hearing. Dorothy McPherson, 16282 West Avenue, stated she leases the adjacent unit at 17001 Fish Point Road, #103. She does not approve of the extended hours. It is an industrial 1 :\98files\98plcomm\pcmin\l 21598 .doc 1 area and a lot of business activities are being conducted in this building. The noise is also a problem. McPherson invited the Commissioners to come over and hear the level of noise. She said they used to work during the night hours, and now they have to work additional hours during the day just for peace and quiet. Parking is available on the site, however, it is not entirely in front of the leased space. McPherson said they had to place signs in front of their space to keep people from parking in their area. She stated she understands the need for the sport, but the general occupancy of the building is not even complete. The landlord does not want to finish items that need to be done. McPherson presented a written request from the four tenants to deny this amendment. A warehouse are is not the area for a sport activity. There is too much business activity. Mary Haugen, Activities Director at Prior Lake High School, is requesting the change so the High School would be able to use Gleason's facility for gymnastic practice potentially 2 to 3 times a week. The season starts the second week of November and ends the third week in February. Currently there are 18 gymnasts and 3 coaches. Five of the girls drive so there would be only 8 cars at the most, parking at the facility. The existing High School gyms are used for basketball programs and events. They use as many facilities in the community as possible. Only half of one gym is used for the gynmastic program. Haugen said they have looked for alternative locations for gynmastics. Other surrounding schools lease space from private gymnastic facilities. The school would not be required to transport the students if the site was located in Prior Lake. The gymnastic program has been transporting students to Bloomington. Competition is at the High School. They are asking for three hours a day for three days per week for 20 people. Haugen feels what they are asking falls within the boundaries of the ordinance. If noise were an issue, would the intent of the City be to keep the space vacant? It is important to keep our kids in town and offer a program for our youth. The public hearing was closed at 6:50 p.m. Comments from the Commissioners: Vonhof: · Previously addressed this issue at length. · Agrees with staff recommendation. Conditional Use Permit conditions are met. · Add additional condition that there are no meets or competition allowed during 2:00 p.m. and 5:00 p.m. · Review one year from now. Criego: · Questioned noise and separation wall. McPherson explained. They are used to the normal warehouse noise but on the opposite side of the wall where they work, the gymnasts are jumping on a trampoline and constantly banging against the wall. They have had items against the wall fail over. 1 :\98files\98plcomm\pcmin\l 21598 .doc 2 · Questioned how many square feet. McPherson said approximately 2,650 square feet, employing 3 employees and hiring more. · The Star Tribune office has several tracks pulling in and out during the day. The other business, is in the process of shutting down for the winter. Stamson: · Questioned if these issues were addressed with the landlord? McPherson said "Yes. Nothing is being done." Parking is also a problem. · What was his response on the noise issue? McPherson responded the owner said he would talk to Gleason, but nothing has changed. She has requested "No Parking" signs in front of their unit to keep the gynmastic cars out, but again nothing has been done. Criego: · Questioned Mary Haugen on how many children would be on site. Haugen responded said there are 18 gymnasts from grades 7 to 12 who would car pool. · Empathy for the High School but this business park was put up for industry. If we have current tenants complaining about noise and to some degree about parking. It is only going to get worse in the afternoon when most of the employees are there working. · Hard time justifying the afternoon session. That is why it was limited to 5:00 p.m. and beyond. · Item 4 is not being met. There is noise generated from the gynmastics studio. The environment is being disturbed. · There will be a parking issue. Cannot recommend approval because of problems. Stamson: · Concern for moving the practice time forward and the impact of this type of facility in the industrial park. · We did discuss these point earlier and they were to be reviewed. Most of our concerns are site based. They could apply to other issues. · Agreeable to changing the hours with annual review. If there are more problems then we can limit the hours. · Sympathize for both users. Criego: · I am a small business user. My neighbor had loud excessive noise. It is difficult to remove sound once it is there. It becomes the norm. Types of sound are different. Vonhof: · Agreed with Criego, but there is a way to deal with the noise. Condition the CUP where the tenant is responsible for any noise abatement. · The parking lot be appropriately signed. Then it becomes the tenant's responsibility to take care of the noise. 1 :\98files\98plcomm\pcmin\ 121598.doc 3 Add condition the tenants cannot operate afternoon session until the parking lot is signed and wall noise issues addressed. MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE CUP WITH SPECIFIC CONDITIONS AS PRESENTED, INCLUDING STAFF RECOMMENDATION WHICH INCLUDE THE FIVE PROVISIONS IN THE STAFF REPORT AND THE ADDITIONAL TWO PROVISIONS, INCLUDING THE NOISE ABATEMENT TO PREVENT NOISE COMING FROM THE UNIT AND THE PARKING LOT IS APPROPRIATELY SIGNED. THESE IMPROVEMENTS MUST BE MADE PRIOR TO ANY ACTIVITIES BETWEEN THE 2:00 P.M. AND 5:00 P.M. TIME PERIOD. Vote taken signified ayes by all. MOTION CARRIED. This item will go before the City Council on January 4, 1999. 5. Old Business: 6. New Business: A. Case #98-158 Lee Nelson of 16085 Northwood Road is requesting the vacation of an easement for water main located on Lot 94, Northwood. Planner Jenni Tovar presented the Planning Report dated December 15, 1998, on file in the office of the Planning Director. This petition is part of the City's effort to clean-up easements within the City. As the situation exists, the City has a water main easement and separate sanitary sewer easement on Lot 94, Northwood. It would be very difficult to work on the water main and remain in the existing easement. The property owner intends to construct a garage addition. A permit has been issued with the proposed garage located on a portion of the existing water main easement. The permit was issued with the intent of the City to correct the easement situation on the lot. Mr. Nelson is willing to grant the City the proper easement as part of this vacation. After such dedication, the proposed garage will not be located on any easement. Vonhof questioned if 15 feet was a common width for utility easements. Sue McDermott responded the watermain is usually a minimum of 8 feet deep with the width approximately twice the depth. Fifteen feet is adequate. Comments from the public: Applicant, Lee Smith, 16058 Northwood Road was present but declined comment. 1 :\98files\98plcomm\pcmin\ 121598 .doc 4 Comments from the Commissioners: Criego: · Sees no problem with the proposed resolution. Recommend approval. Vonhof/Stamson: · Concurred. MOTION BY CI~EGO, SECOND BY VONHOF, TO RECOMMEND RESOLUTION 98-035PC VACATION OF WATER MAIN EASEMENT LOCATED ON LOT 94, NORTHWOOD. Vote taken signified ayes by all. MOTION CARRIED. Tovar said this item will go before City Council on January 4, 1999. 7. Announcements and Correspondence: Rye said the City Council will consider a resolution directing staffto prepare an ordinance with findings adopting the new Zoning Ordinance. Last week the City interviewed three consulting firms for planning services for the downtown redevelopment plan. There were three choices, the panel was unanimous in selecting Hoisington-Koegler with Ehlers and Associates. Everyone was pleased with their plan and level of enthusiasm. The Economic Development Authority (EDA) will direct the contract with their consultant at their December 21, 1998 meeting. Criego gave a brief overview of the City Council workshop he attended with discussions on the bluff ordinance and lot width requirements for Riparian lots. Discussions followed clarifying the bluff setbacks, lot combinations and DNR requirements. Vonhof commented on the joint City Council/Planning Commission workshop. The dialogue was very good and beneficial to everyone. 8. Adjournment: The meeting adjourned at 7:20 p.m. Donald Rye Director of Planning. 1 :\98files\98plcomm\pcmin\ 121598 .doc