HomeMy WebLinkAbout10A - Gleason's Gymnastic School
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
JANUARY 4, 1999
lOA
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
AGENDA ITEM:
CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING AN AMENDED CONDITIONAL USE
PERMIT FOR GLEASON'S GYMNASTIC SCHOOL ON
PROPERTY LOCATED AT 17001 FISH POINT ROAD
(Case File 98-163)
DISCUSSION:
History: On September 21, 1998, the City Council adopted
Resolution 98-108 approving a conditional use permit for the
operation of a gymnastic school on the property at 17001 Fish
Point Road. Approval of this permit was subject to the
following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by patrons of the school
during designated hours.
4. The applicant has until one year from the date of adoption
of the resolution by the City Council to complete the
required improvements and record the resolution or the
conditional use permit becomes null and void (Section 5-6-
8). A certificate of occupancy will not be issued until proof
of recording of the resolution has been submitted to the
City.
These conditions were consistent with the ordinance allowing
gymnastic schools within the Business Park (BP) District. On
December 7, 1998, the City Council adopted Ordinance 98-17
amending the permitted hours of operation for a gymnastic
school in the BP District. This ordinance allows hours of
operation for a gymnastic school to be extended to 2:00 PM to
11 :00 PM on Mondays through Fridays for school sponsored
activities.
b\98file!i\9&cup\98-163\9.8-Ui3<;l;.QOC L
162ut.agle Creek Ave. ~.t.., J-'nor Lake, Minnesota tJ5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1:\98fi1es\98cup\98-163\98-163cc.doc
In anticipation of the adoption of this ordinance amendment,
the applicant filed an application to amend his original
conditional use permit to change the permitted hours of
operation. He is requesting the hours be extended to 2:00 PM
through 11 :00 PM on Mondays through Fridays. There are no
other changes requested with this proposed amendment.
Current Conditions: The building is constructed and various
tenants occupy more then 50% of the space. A temporary
Certificate of Occupancy was issued pending completion of
building, engineering, and planning items. The gymnastic
school is presently operating in a space approximately 3,638
square feet in area. The school also has a temporary certificate
of occupancy pending completion of all requirements.
On December 15, 1998, the Planning Commission held a
public hearing to review the proposed amendment. At the
hearing, the Commission received testimony from Dorothy
McPherson, a tenant in the building, who is opposed to the
extended hours of operation. Ms. McPherson testified that the
noise generated by the gymnastic school is causing a problem
in her business, and that the traffic generated by the school is
causing some parking problems. She presented a petition (see
attached) signed by other tenants of this building opposed to
the extended hours. Mary Haugen, Activities Director at Prior
Lake High School, testified the extended hours are necessary to
allow the high school gymnastic team to practice 2 to 3 times
per week. A copy of the draft minutes is attached to this report
for your information.
Following the public hearing, the Planning Commission
recommended approval of the amendment to the Conditional
Use Permit, subject to the following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5 :00 PM to 11 :00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday. The hours of operation may be extended to 2:00
PM to 11 :00 PM for sanctioned school sponsored activities.
These activities are limited to practices only. No meets or
competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by the patrons of the school
during designated hours.
4. The applicant must provide noise abatement measures
which will prevent noise from the gymnastic school from
being heard in the adjacent units.
2
1:\98fi1es\98cup\98-163\98-163cc.doc
5. All improvements, including the parking signs and the
noise abatement must occur before any activity is allowed
between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one_ year from the date of
approval by the City Council. Such review is to include a
detail of activities or problems occurring with the use. The
review may result in additional conditions being placed on
the Conditional Use Permit.
7. The applicant has until one year from the date of adoption
of the resolution by the City Council to record the
resolution or the Conditional Use Permit becomes null and
void (Section 5-6-8). A certificate of Occupancy will not
be issued until proof of recording of the resolution has been
submitted to the City.
The Issues: The City Council must determine if the CUP
complies with the conditions set forth in the ordinance and
whether it concurs with the Planning Commission and staff
recommendation to approve the CUP.
Section 7.5(C) sets forth several criteria for approval ofa CUP.
These criteria and the staff analysis of compliance with these
criteria are set forth below;
1. The proposed use conforms to the district permitted and
conditional use provisions and all general regulations of
this Ordinance.
The proposed use is consistent with the conditional use
provisions for the B-P Business Park zoning district and
conforms to all general regulations of the Zoning Ordinance
(upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause
any conditions that may be dangerous, injurious, or
noxious to any other property or persons, shall comply with
the performance standards listed below.
The proposed use of a gymnastics school does not appear to be
dangerous, injurious or noxious to other property or other
property owners. The specific conditions for approval have
been met.
3. The proposed use shall be sited, oriented and landscaped
to produce harmonious relationship of buildings and
grounds adjacent to buildings and properties.
3
1:\98fi1es\98cup\98-1 63\98-1 63cc.doc
The landscape ordinance does not apply. The use is a leased
tenant in an existing building for which a landscape plan has
been approved and a letter of credit is on file.
4. The proposed use shall produce a total visual impression
and environment which is consistent with the environment
of the neighborhood.
The building is constructed and the use is a leased tenant. The
visual impression and environment is consistent with the
neighborhood.
5. The proposed use shall organize vehicular access and
parking to minimize traffic congestion within the
neighborhood.
The existing site has 41 parking stalls and only 20 of those are
required for existing uses. There is adequate parking, based on
the ordinance, for the proposed use. There are 10 stalls directly
in front ofthe gymnastics school and overflow parking can be
accommodated by utilizing parking in front of the site or in the .
rear by the loading docks. Turn around for the students can be
accomplished in the designate drive aisle or in the loading dock
area on the east side ofthe building. There is no land available
for creating another drive aisle for exiting purposes only.
Congestion within the site may occur at the beginning of
practice and at the end of practice. One way to eliminate some
of the potential conflicts may be to limit the types of activities
which may occur between the hours of2:00 PM and 5:00 PM.
The Planning Commission recommended the activities be
limited to school practices only; there should be no meets or
other competitions allowed within that time.
6. The proposed use shall preserve the objectives of this
Ordinance and shall be consistent with the Comprehensive
Plan.
The current Comprehensive Plan designates the property as
Business Office Park. The proposed use is educational or
commercial. The Comprehensive Plan states primary uses as
corporate headquarters; and professional and administrative
offices; and limited research, development and manufacturing
facilities. Related secondary uses such as restaurants where
food is ordered and consumed on the premises, hotels and other
businesses having limited contact with the general public and
no retail sale of products could be allowed as conditional uses.
While this is not specifically listed as an intended use, it is a
result of actions of the City Council to fill an unmet need in the
4
FISCAL IMPACT:
ALTERNATIVES:
1:\98fi1es\98cup\98-163\98-163cc.doc
community not anticipated when the Comprehensive Plan was
adopted.
The performance standards are set forth in Section 7.5(0) and
relate to the following factors;
Fire protection
Noise
Odors
Glare
Water pollution.
Electrical disturbance,
Vibrations,
Air pollution,
Erosion,
The proposed project may result in additional noise on this site.
In order to mitigate this impact, the Planning Commission has
recommended the applicant take measures to abate the noise so
it cannot be heard in the adjacent units.
The matter of noise abatement also presents some issues.
Specifically, how do we determine how much noise abatement
is necessary. We can apply a numerical value to sound
abatement measures in two ways. The first method is to
measure the existing noise, and require a reduction in the
number of decibels. A second method is to place a minimum
dollar amount on the improvements. The attached
memorandum from Robert Hutchins details some methods of
noise abatement.
Conclusion: The Planning Commission and staff recommend
approval ofthe CUP with the conditions as stated. The staff
would also recommend the Council place a numerical value on
the amount of noise abatement required by the applicant. In
order to determine a specific amount of improvement, the
Building Official has recommended an estimate be obtained
from a professional in the sound transmission field.
There is no fiscal impact if the conditional use permit is
approve or denied. Any costs associated with the
improvements must be born by the applicant.
The Council has three alternatives:
1. Adopt Resolution 99-XX approving the amended CUP for
Gleason's Gymnastic School with the conditions as
presented, or with specific modifications.
2. Deny Resolution 99-XX and direct the staffto prepare a
resolution denying the Conditional Use Permit with
specific findings of fact.
3. Defer this item and provide staff with specific direction.
5
RECOMMENDED
MOTION:
The staff recommends Alternative #1, adoption of Resolution
99-XX approving a conditional use permit for Gleason's
Gymnastic School.
REVIEWED BY:
1:\98fi1es\98cup\98-163\98-163cc.doc
6
RESOLUTION 99-XX
APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
WHEREAS, the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
WHEREAS, notice of the public hearing on said CUP has been duly published III
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
WHEREAS, the City Council considered this amendment on January 4, 1999; and
WHEREAS, the Planning Commission and City Council find the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally described as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDITION, Scott County, Minnesota described as follows:
1'g~~\~aW~t!fJ~9Av~~'~'E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 /PMt~I(612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Beginning at the northwest comer of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of 26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence South 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension. and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM on
Saturday and Sunday. The hours of operation may be extended to 2:00 PM to 11 :00 PM for sanctioned
school sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures which will prevent noise from the gymnastic
school from being heard in the adjacent units. The specific amount of noise abatement must be
determined by a professional in the sound transmission field.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity
is allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is to
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit.
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been submitted to the City.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
YES
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
City Manager,
City of Prior Lake
1:\98files\98cup\98-163\rs99xxcc.doc
Page 2
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council"
14 December 1998
Subj: Gymnastics Center Hours of Operation
The Prior Lake American, 12 December issue, stated Gleason's Gymnastics is
seeking an allowance for operations from 2:00 p.m. to 5:00 p.m. This is during normal
working hours for the businesses located at 17001 Fish Point Road and would interfere
with normal operations. .
The amendment the city council recently passed on this matter specifically
requires one parking space per 300 square feet of space utilized for gymnastics, separate
from any other normal use. There are sufficient spaces at 17001 to support this, but they
should be marked as such. Spaces directly adjoining the offices of other tenants should
not be considered for this use.
Furthermore, there is inadequate sound insulation to make it practical to conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite 103 conducts surface mount board repairs
periodically. This work is extraordinarily tedious and precise requiring the complete
attentions of the technician. As the gymnastics studio is directly adjoining the work area,
evening work of this nature has been ceased.
It is understood that the landlord needed to rent the space the gymnastics studio
occupies, just as the studio needed a space to occupy. However, the area is still an
industrial complex with customers, vendors, delivery, and shipping trucks. Please,
consider not only the rights of the other tenants, but also the safety of the children
attending this studio.
,II
-I$lii&~
4~~
~. ~V7
.---\' (
I CJV\ 6--<- A.. I ."r" I I;z. <l
'-s~'"' -,-~ 11 lef
()~f-& ~
cj?~jPV/;t1 ~J
M /00 flJ. (07
~V//~ /0 (
~ ~ P/tUlnA~ Lbm~o" OIl /~/ISJq8
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, StamsOlllm4..Vonhof,
Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner,:J:atri'fTbvar and
2.
Roll Call:
3.
Present
Absent
.....
':':':':':',
Present{:~:~:~:j:~::::.. "\rt~::::..
Absen..::t::,?::,::t:::::.:.::::::::~:~:::,:~:,:,:,:::::':':::" .... .......
..::fr::::::::::::::::{~~~:::.
Present ..:::<ttt~:,::::f:;:::"
..::::~~~t~~j~~jj::::..
":':':';':':';':':',
................. ":::;:;:;:;:;:;:;:;:;" .,;"
.............. .. ..::::m:~:~:~:j:~:j:~:~:~:~:~::::::::::::::::::::::...~.~.jr:'
.::~::::i:i:;~;{~i:i:::ij:j:::::::::?:)~::~,::::..:...
~;~~:. from the Novem:::, 1998~dreeting were approved
4. Public H earings :.::::~:::::::~::'f)~::::::::{::::::::::::l:l':~:::::~:: ::",,::';.
A. Case #98-163 RmI{;~ for anJendment!lt. approved Conditional Use
Permit for the::glelig~t Gyd:I"tiw:~s:b99!:l6cated at 17001 Fish Point Road SE.
The proposed amendm~At\vUranbW4jnfh.ours of operation of the school to be
extende<.ttJl:*iP.9. PM tJ:=:::i:I:;9:~ PM, Mondays through Fridays for school
s~::;:j:~rim~:':~n~fli1~~I~:i::::~:::. ..:::<t:::::\!I\\'\'.::j1::::r::t:.
Pl~g Coordinator Jaij,i,4<.aiset':presented the Planning Report dated December 15,
19fJtH:j:gn:,Jile in the office,jilJthe Planning Director. On September 21, 1998, the City
Coundt:ilPfoved an or~mliince permitting gymnastic schools in the B-P zoning district
with spedll!::spnditio~~~:::::'bn December 7, 1998, the City Council amended the ordinance
changing the:~~BtWJti9.iPfelating to hours of operation. This Conditional Use Permit
(CUP) amendnhl~::is:"to be reflective ofthe extended hours of operation. Staff
recommends appf6val of the change to the CUP subject to specific conditions as listed in
the staff report.
Vonhof
Kuykendall
Criego
Cramer
Stamson
Approval of Minutes:
~
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 ofthe extended hours. It is an industrial
1:\98files\98plcomm\pcmin\121598.doc
area and a lot of business activities are being conducted in this building. The noise is also
a problein. 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 peopJ$tfrpm
parking in their area. She stated she understands the need for the sport, 9pHhjifgeneral
occupancy ofthe building is not even complete. The landlord does ngt':I,{lIlt to finish
items that need to be done. McPherson presented a written reque.st::frBiiKm~Jour tenants
to deny this amendment. A warehouse are is not the area for a sPlt:'acti~Hy~:::::g;pere is too
much business activity. ..::::::::::::::::::::::...:::::::::::::. ..::,:::::::::::::::::\\..
.......................................... ":':':':':':':':':',
..::::~:rr:::::::::.:.::::::::::::r:. ":;:::;:::::::::;:;" ,'::;"
.. . ,.;:::;:;:;:;:;:;:;:;:;.;.:;::;::::::.'
Mary Haugen, Activities Director at Prior Lake High ~8p6bl, is.xequesting the chaii,I~::go
the High School would be able to use Gleason's facg~i1:::tor g~~:!ic practice potehtially
2 to 3 times a week. The season starts the second weetKgr::~ov21b.~:::f:IDd ends the third
week in February. Currently there are 18 gymnasts and 3:'::QgM;H'es. FIve of the girls drive
so there would be only 8 cars at the most, parking at the fadnlt:,,::!'he existing High
School gyms are used for basketball prog}@R*=,::fl?d events. Th~Y:::!~f::Jw:many facilities in
the community as possible. Only half ofQAg::g.::j~:p.sed for the ~astic program.
Haugen said they have looked for alternativ~tlocafl~#.~:::[9r:::~yrnv.a~Hcs. Other
surrounding schools lease space from private,::$.YIPPgstil"r~~~U91\j:s. The school would not
be required to transport the s!Mg@:At~}fthe sitd:))f:as 10cated:,rPrior Lake. The gymnastic
program has been transpo.tl~pJg:::sfuq!n!s to Bloomington. Competition is at the High
School. They are askin.g::f6r three h91.l.rs a day fdthill;~e days per week for 20 people.
Haugen feels what tqd.::we askins.::finls within th~:::~B;.mdaries of the ordinance. Ifnoise
;e:~ ::~:' i:~::~~~!~~u~~e space vacant? It is important to
.
. Agrees witl::!tfff:::r&ommendation. Conditional Use Permit conditions are met.
. Add additio~il::e:ondition that there are no meets or competition allowed during 2:00
p.m. and 5:0(Yp.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 fall over.
I :\98fi1es\98plcomm\pcmin\ 121598 .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 trucks 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? McPhers.~!m~m.4 "Yes.
Nothing is being done." Parking is also a problem. ..::",,:::,:~r(':::::::':':':':'::::::':""'::
. What was his response on the noise issue? McPherson responde.9mli::e.wner said he
would talk to Gleason, but nothing has changed. She has reqM.~jtgd wlii::farking"
signs in front of their unit to keep the gymnastic cars out, buf'~g~in noiht,j);~as been
done '":::'::''''' ":':::':': '::":':""":""::"
Criego:' r ~
. Questioned Mary Haugen on how many childr~m/'9M!d be ol:::lit,~. Haugen ,\,::.,.
responded said there are 18 gymnasts from graaes 1::t9::::1* Wpb'Wquld car pool.
. Empathy for the High School but this business park ~i~::pi[up for industry. Ifwe
have current tenants complaining abol}l,poise and to someW41i.r~e ~~out parking. It is
· ~;i€;i:t:;::;::::::~~:d:::p.m
. Item 4 is not being met::::,j~$~I::~~~,:noise gehiated froni:'lhe gymnastics studio. The
environment is bein&J~igturbe&\:::::::::::: '\:::::t,.. .'.
:ta:::: will be a ~~ approval because of problems.
. Concern ~?~:..~?~ing tl;~:':Pt~~!~ce time fo~ard and the impact of this type of facility in
the inqH_i:l:JtP.t,::.. ..:::?::::::::'~::\,,::.:......:/,::.
. W ~,:9itldiscusslHli:::point eafl~~fnfud they were to be reviewed. Most of our
RI'berns are site ba~I~, They:j*6'uld apply to other issues.
.::::::::?:~I~@able to changini:::~e hours with annual review. If there are more problems then
. ;~e;&rs.
Criego: "::::~::::::::::::::::::::::::r"::"
. I am a smalVIMisiness 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.
V onhof:
. 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\98p1comrn\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 TWQ1mr?::::...
PROVISIONS, INCLUDING THE NOISE ABATEMENT TO PREVEN11fNotSE
COMING FROM THE UNIT AND THE PARKING LOT IS APPRQgmATEL Y
SIGNED. THESE IMPROVEMENTS MUST BE MADE PRIqB:::~Cr~:::..
~::::~;:::::::.2:::~:~~~:;#~~?R10~
This item will go before the City Council on Janu~$t~~;;ii~::1::.9. ::::::::::;.:u:'..:.::::::::::.
"';':':;:::';';':':" ,.::::::::.'
5.
Old Business:
6.
New Business:
.................................
.................
...................
...................
...................
... .... ..
.................
.................
.................
.................
.................
................ .
..................
A. Cas 98-158 Lee Nelson of 16085 N:Q,fth~H6.I:::a9"4J~ ,::~questin
an ease ent for water main located on::!~:~~::,4'; Ndtt"JPO'd.
.................
..................
res~H!.iiid::Ui@:II~ng R~P9rt dated Dece
. . ":(Director. ':::rm=w u::
he vacation of
Planner Jenni Tov
the office of the PI
..... .....
.............. ... .....
This petition is paff::::of:::li::::.. .tY:ili~::::;!9.It:Jf:t:91!?H:up e ements within the City. As the
situation exists, the City h~:::@::::::.'" ter"'mRHrl:;K~€ment d separate sanitary sewer easement
on Lot 94, 1'fgUhWQl?d. It w6.ij~9.:J) very difficul 0 work on the water main and remain
in the.:::~:~~ph~ie!~~~_~~:::::::::::. ..H.....:.:.:::.:..:..
Th~}:"{pperty owner inteiji~: to cohs:iruct g e addition. A permit has been issued with
th~r::ptgp9sed garage lodi:t~d on a p ion of e existing water main easement. The
permit~emi~sued with ~f:: intent the City to co ect the easement situation on the lot.
Mr. NelsdnUi:::)Yilling !g!::gtant t City the proper ease ent as part of this vacation. After
such dedicati6.~~III:t:::~f8pose garage will not be located any easement.
V onhof questioned if 1 feet was a common width for utility ea ments. Sue McDermott
responded the wate ain is usually a minimum of 8 feet deep witH e width
approximately 'ce the depth. Fifteen feet is adequate.
Commen from the public:
..
Applicant, Lee Smith, 16058 Northwood Road was present but declined comment.
1 :\98files\98plcomm\pcmin\121598.doc
4
Memorandum
Date: December 22, 1998
To: Jane Kansier
From: Robert D. Hutchins \2- [) ~
Re: Sound Control Wall at 17001 Fish Point Rd. Gymnastic Studio
You have requested guidance on deciphering and describing a Sound Wall.
A sound wall as described in the Uniform Building Code (UBC) is a wall or
floor the reduces the sound from one residential tenant to another. The UBC
has no requirements for commercial tenant sound control. A sound control
wall is comprised of layered building materials intended to reduce the
transmission of sound.
The Gypsum Association has formulated a series of proprietary Sound Wall
designs with a graduated scale of increased sound deadening qualities. Of
course with each increase in materials comes an added cost. It is my
understanding that the Planning Commission has requested that a sound
wall be installed at the gymnastic studio. There is a number of courses that
could be followed. The first question that would be asked is: at what degree
of sound control should the studio be held? The more sound deadening
qualities required, the additional cost that would be incurred.
The tenant space has walls that have dimensions of 58' wide x 17' and 44'x
17' high. Since there are no guide lines in the building code for commercial
tenants, a Sound Control specialist could be employed to help determine a
desired degree of sound control. Another option may be to set a dollar limit
on the amount spent, to control the sound. With walls of this sizable
proportion, I would not be willing to give an estimate of the probable costs
involved. A professional in the sound transmission field would be warranted
to give out the estimates sought.
'---n-