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2002-06-25 Planning Comm MinutesPlanning Commission Meeting June 25, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES June 25, 2002 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 5, 2002 in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Lorberbaum, Commissioners Friel, Betlej, Hesse, and Dolan. City Staff present were Public Works Director Jim Danielson and Administrative Assistant Patrick C. Hollister. Also present was Planner Steve Grittman. Minutes were recorded by Becki Shaffer. Excused: Commissioners B. McManus, and M. McManus. APPROVAL OF MINUTES Minutes of April 23, 2002 )The following corrections were made and should be reflected in the minutes of April 23, 2002: Page 3, first bullet: Remove the word "which" in the first line. Sentence should read: "A significant nature feature in the center of the property, the existing Ridder home sits on a large hill, a prominence isolated by 30- ft. slopes around to the south, southeast, and west of that site. Page 6, paragraph 6: First sentence should read: "Vice Chair Betlej asked how the varied widths of the wetland setbacks were determined." Page 8, paragraph 4: insure should be ensure. Sentence should read: "Commissioner B. McManus said that he understands the concern and it seems that in the dry season, the creek will be flowing into the NURF pond, and there will be enough evaporation to ensure that nothing comes out of it." Page 11, third bullet: trial should be trail. Sentence should read: "RESIDENT said that if a trail is constructed, there will be people walking on private land." Page 11, paragraph 7, change sentiment to sediment. Last sentence should read: "Sediment problems are worst during construction and the ponds are monitored extensively, and necessary equipment such as silt fences are in place. Planning Commission Meeting June 25, 2002 COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER HESSE, TO APPROVE ( THE MINUTES OF APRIL 23, 2002 AS CORRECTED. 2 Ayes 0 Nayes 3 Abstain (Chair Lorberbaum, Commissioner Friel, Commissioner Dolan were not present at the meeting) Motion Carried. Minutes of May 28, 2002 The following corrections were made and should be reflected in the minutes of May 28, 2002: Page 2, paragraph 3, change the word sites to sits. The first sentence should read: "Mr. Grittman suggested there needs to be greater visual access to the park area, with attention to the view at the end of Pilot Knob Road, where currently a proposed twinhome sits, and the trail is forced to squeeze around the building." Page 3, last paragraph: punctuation correction made. Fifth sentence should read: " Commissioner Hesse said he wants to be sure that this project will continue, in the coming years, to retain its value and not have to be torn down later to make way for commercial use that may have been a better choice in the beginning." Page 3, paragraph 3, replace wordage. Third sentence should read: "The previous proposal has impervious surface in excess of the requirements." C Page 4, first full paragraph, sixth sentence should read: "Commissioner Betlej said a decision should be made by the City Council to go one way or the other." Page 4, last paragraph should read: "Commissioner Betlej agreed with the comments made by Mr. Grittman in terms of being more creative of the layout and townhomes, and would like to have some consideration made to find a way to make this area utilize the natural features such as topography and views as much as possible." Page 5, item number 2, replace within with over. Fourth sentence should read: "Aircraft will continue to frequently fly over these properties within 1,000 to 2,000 feet of ground level, exposing these sites to a minimum of 95 to 100 decibels." Page 5, item number 2, replace unexceptable with unacceptable. Fifth sentence should read: "It has been determined that 65 decibels are unacceptable exposure for noise, and every time the decibel is increased by 5, the noise energy has been doubled." Page 6, first paragraph, replace wordage. Second sentence should read: " Met Council seems to think that multifamily residences in noise zones 3 and 4 make good sense, making it possible that more people are exposed to noise than less people." Planning Commission Meeting June 25, 2002 page 6, second paragraph, add the word "stated ". First sentence should read: "Commissioner Betlej stated that as a resident that moved out of the south end of the Mendota Heights because of those deviations from the standard flight path, he does not feel that it is acceptable that more flights can be sent over parts of Mendota Heights." Page 7, last two sentences of first paragraph should read: "Commissioner Dolan asked Mr. Hamel if, in his opinion, a commercial site could be developed here. Mr. Hamel said yes." Page 8 - Commissioner Dolan's closing statement, fifth sentence should read: "I share Commissioner Betlej's concern that we are giving the owner of this property no direction." Page 8 - Commissioner Dolan's closing statement, second to last sentence should read "I am uncomfortable with the amount of noise, but I'm not willing to say that it actually can't be residential development." Page 8 - Chair Lorberbaum's closing statement, last sentence should read "Again, this is better, I think we can do even better, I hope we won't have residential there in the future." Page 9 - Commissioner Friel's closing statement, third sentence should read: "There were some of us who spoke about that at the time, and I think that Commissioner M. McManus quite properly went back to basics in pointing out where we should be, how we should be in our planning, and I think demonstrated planning on this site was not consistent with the statements that give rise to developing these plans." Page 9 - Commissioner Friel's closing statement, fifth sentence should read: "I daresay that had we had the kind of input we've had from the MAC at that time, it's likely that we would have a significantly different conclusion with respect to our comprehensive plan." Page 9 - Commissioner Friel's closing statement, sixth sentence should read: "I think that it's important to note that as far as the MAC is concerned, this community has not had an opportunity to have any input from this until now. This is the kind of site that begs to get some input from the Airports Commission, whose focus is aircraft noise, when aircraft noise is such a serious matter with respect to this site." Page 9 - Commissioner Friel's closing statement, tenth sentence should read: "Aircraft noise became a problem as a consequence of the change in the use of jet aircraft." Page 9 - Commissioner Friel's closing statement, fourteenth sentence should read "I learned the telephone number of the MAC's noise line and met Mr. Hamel after frequent calls about the noise being less tolerable than it was back in the early 80's." Page 11 — Last sentence in Mr. Hollister's comments should read: "Chair Lorberbaum said that the City should recover their fees so there is no loss, but make any reductions possible. Page 12, sixth bullet should read: "Commissioner Betlej said that there should be a definition of storage and make a reference that there will be some ability to park on a temporary basis." Planning Commission Meeting June 25, 2002 Page 13, seventh bullet, second sentence should read: "The City should deal with the proliferation of eyesores 111 the community and the adverse affects on property values in the community." COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER BETLEJ, TO APPROVE THE MINUTES OF MAY 28, 2002 AS CORRECTED. 5 Ayes 0 Nayes Motion Carried. PLANNING CASE #02 -21 THOMAS SCOTT 1223 KNOLLWOOD LANE HOUSE CONSTRUCTION IN CRITICAL AREA OUTLAY DISTRICT Mr. Gri ttman introduced the case by saying that the Commission needs to review the proposed site as it is located in the Critical Area Outlay District and requires Commission and Council review. The construction of the home is not requiring any variances or other land use peg nits. Mr. Grittman reviewed a picture of the lot, which outlines the proposed home, and indicated the lines depicting the needed grading that would be required to accommodate the new house. Mr. Grittman said there are no 40% slopes on this property. Mr. Grittman s( that one of the requirements of the Critical Area is to protect and hold construction back from 40% slopes, ana that does not seem to be a factor on the site plan. Mr. Grittman said the Minnesota DNR will be asking the City to adopt a change to the 40% requirement to 18 %. At that time, construction of this type will require some variances to accommodate this new requirement. Mr. Grittman said there is some vegetation in the buildable area, such as poplar and elm trees, that are of little value. There are also some pine and spruce trees, and Staff is recommending that these be relocated and integrated into the landscape plan. Commissioner Friel asked if the change to 18% mean there will be significant impacts in this community. Mr. Grittman said that 18% is a relatively flat slope, and the most of the remaining lots in the Critical Area are going to have an 18% slope to them. Mr. Grittman said that under the 18% requirement, there will be no buildable area left and future construction will require a variance. Commissioner Betlej asked if the slope of the driveway was calculated. Mr. Grittman said the slope in the driveway was calculated at approximately 7 %. Chair Lorberbaum asked if the City changes the ordinances to reflect the 18% requirement, would Mr. Grittman still suggest approval with the variances? Mr. Grittman said yes. C 4 Planning Commission Meeting June 25, 2002 Chair Lorberbaum asked where the runoff will be directed and the what is the stability of the slope. Mr. Grittman referred to the site plan and showed how the runoff would run along side the driveway and into the street, with some running down the slope. Mr. Grittman said the construction would not disturb a lot of the natural aspects of the site. Commissioner Hesse asked why the DNR is proposing to make such a drastic change from 40% to 18 %? Will these properties be closer to the river? Mr. Griltuian said the boundaries of the Critical Area will not be changed. Mr. Grittman said he was not aware of the reasoning for the change from the DNR's perspective. Mr. Grittman said that it would be consistent with the DNR's wish to be more conservative about what land in the Critical Area can be developed. Their intent is to prevent further disturbance as much as possible. Mr. Grittman said there are only a few lots left in Mendota Heights. Commissioner Hesse said that with the few lots left to be developed in the Critical Area, the 18% would not have the same impact as it would have years ago. Mr. Grittman said that was correct. Commissioner Dolan asked if the City was required to amend the zoning ordinance based upon the DNR's recommendations. Mr. Grittman said this was included in the planning of the Comprehensive Plan and that this zoning ordinance change would be mandatory. Commissioner Dolan asked if there were any plans before the City Council to address this. Mr. Grittuian said there were none at this time. Commissioner Dolan said there are some issues where the Comprehensive Plan is still not consistent with the zoning. )Scott Thomas, 1442 Wachtler Avenue, is the applicant for this case and was on hand to address questions. Chair Lorberbaum opened the public hearing. Seeing no one come forward, CHAIR LORBERBAUM MOVED, SECONDED BY COMMISSIONER BETLEJ, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER BETLEJ, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT. 5 AYES 0 NAYS MOTION CARRIED This case will go before the City Council on Tuesday, July 9, 2002. PLANNING CASE #02 -22 5 Planning Commission Meeting June 25, 2002 JOHN JJL LJ`' 2376 LeMAY LAKE ROAD CONDITIONAL USE PERMIT AND VARIANCE • Mr. Grittman introduced the case request for a Conditional Use Permit and Variance for construction of a detached garage that would be an accessory building to a single family home. Mr. Grittman reviewed the site plan showing the location of the existing home and an existing accessory structure. The accessory structure would be removed and a 26 -ft. by 30 -ft. detached garage (780 square feet) would be constructed. Mr. Grittman said a variance would be required as this building would be an additional 30 square feet and the zoning ordinance requires 750 square feet. Mr. Grittman said this was a relatively large property and the site is somewhat screened from the neighborhood, thus the building would have minimal impact to the other property owners. Mr. Grittman said there was also a quonset hut type structure on the site which the applicant wishes to remove. Mr. Grittman said the ordinance does not allow for two garages on the property, and it the new structure were to serve as the garage, there would have to be some relocation of the driveway, and the existing attached garage would have to be addressed. Mr. Grittman said it is not recommended to approve the variance as it is possible to build the proposed garage within the standard. Commissioner Betlej asked if the driveway were to be relocated, would permission need to be granted to relocate through the right -of -way? Mr. Grittman said a new curb cut would have to be created. Mr. Danielson said this would have to go through the State of Minnesota. Commissioner Friel asked for confirmation that the ordinance allows detached garages to be 750 square feet C, attached garages to be 1,200 square feet. Mr. Grittman said that was correct. Commission Friel said it may be appropriate to apply this in connection with an applicant who is building a new house. Commissioner Friel said that for the City to insist Mr. Heyn build a separate detached garage and limit it to 750 square feet when there is an existing house on the premises seems inappropriate. Commissioner Friel believes there is a hardship because of the existence of the inconsistency and discrimination of the two provisions in the ordinance, and the fact that this is an existing home rather than one starting from scratch. Commissioner Friel said he sees no problem with either a variance or a Conditional Use Permit. Mr. John Heyn, 2376 LeMay Lake Road, is the applicant for this case. Mr. Heyn said he applied for this permit because he needs a garage to store old cars that he collects. He plans on keeping his existing driveway as is, and plans on parking his car in the driveway. Commissioner Friel asked Mr. Heyn if he would continue to utilize the attached garage for garage purposes and the detached garage for garage purposes. Chair Lorberbaum said the ordinance will not allow for two garages. Chair Lorberbaum asked Mr. Heyn if he would turn the existing garage door on the attached garage into a regular residential door and not make this a garage, but instead use it as a workshop. Mr. Heyn said the attached garage is currently used as a workshop. Mr. Heyn would like to keep a garage door on the attached garage to allow him to work on his cars. Chair Lorberbaum asked if there were any reasons Mr. Heyn could not change to a 26 -ft. to a 25 -ft structure to keep in compliance. Mr. Heyn said he did not have a problem with doing that. 6 Planning Commission Meeting June 25, 2002 Commissioner Dolan asked if this request could be granted, subject to the condition that the existing garage be turned into something else. Mr. Grittman said that would be one way to approach this request. Mr. Grittman said the applicant's request indicated Mr. Heyn would use the existing garage as a workshop, and there could be ways to accommodate that from a building standpoint. Mr. Grittman suggested putting in a smaller door, and this could be enforced by the Building Officials. Commissioner Betlej said that a smaller garage door would not allow a car to drive in. Mr. Grittman said that is the intent of the law. Mr. Grittman said Mr. Heyn could probably still drive his tractor into the workshop. Chair Lorberbaum said that would not meet the applicant's purpose. Chair Lorberbaum asked Mr. Heyn if he would consider making the detached garage an attached garage if the application were to be turned down. Mr. Heyn said the cost would be much greater. Chair Lorberbaum opened the public hearing. Mary Barnum, 2376 LeMay Lake Road, said the existing garage is classified as a garage, but it is now a workshop. Ms. Barnum said that Mr. Heyn occasionally has to work on his tractor, and the tractor is too large to fit in a normal residential door. Ms. Barnum said it would not work to make a new attached garage on the side of the home where the existing attached garage is because of the electrical wiring, gas and water meters, and it would not work to put an attached garage on the other side of the home as there are egress windows on that side. COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER BETLEJ, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER HESSE, TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW BUILDING A 780 SQUARE FOOT DETACHED GARAGE WITH THE UNDERSTANDING THAT THE ATTACHED GARAGE WILL BE UTILIZED AS A WORKSHOP AND NOT A GARAGE. Further Discussion Commissioner Dolan would go along with this if the size of the garage were reduced to comply with the existing ordinance. 2 AYES 3 NAYS (Chair Lorberbaum, Commissioners Betlej and Dolan) MOTION DEFEATED Planning Commission Meeting June 25, 2002 COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER HESSE, TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW BUILDING A 750 SQUARE FOOT DETACHED GARAGE WITH THE UNDERSTANDING THAT THE ATTACHED GARAGE WILL BE UTILIZED AS A WORKSHOP AND NOT A GARAGE. Further Discussion Commissioner Friel said the condition of utilizing the attached garage as a workshop can be enforceable by the City Building Code Officer. Commissioner Betlej said the reason he voted against the first motion is to follow the rule of law, however he said he thinks it does point out some of the inconsistencies of the law and particularly with large lots, any improvement on the site such as this is really not going to impact the neighbors. 5 AYES 0 NAYS MOTION CARRIED This case will go before the City Council on Tuesday, July 9, 2002. PLANNING CASE #02 -24 ELEMENTS, INC.; ST. THOMAS ACADEMY 949 MENDOTA HEIGHTS ROAD VARIANCE FOR A MONUMENT SIGN Mr. Grittman introduced the case by reviewing the plan to construct a monument sign for St. Thomas Academy. The applicant is seeking to construct a monument sign at the intersection of Mendota Heights Road and Lake Drive. Mr. Grittman says the applicant is seeking a variance from the requirement of R -1 zoning that says the sign must be no greater than 12 -ft. in area. The letter area of the proposed sign measures approximately 38 -sq. ft. in area. The total area of the monument size is 57 -sq. ft. Mr. Grittman said there is a hardship in that the 12 -sq. ft. rule would make the lettering would be so small and the sign would be so short, it would be unreadable from the roadway. Mr. Grittman said that in some cases, signs that are so unreadable are traffic hazards. Commissioner Hesse said there is an existing sign and asked how big those letters are. Mr. Grittman said they are about 5 to 6 inches. Commissioner Hesse said he could see the lettering and one could definitely tell where the school is. Commissioner Hesse said this was a rather large variance, and 6 inch letters are readable. Commissioner Hesse said a sign is not necessary as one can easily recognize that the school is there. Commissioner Hesse asked if the recommendation goes towards the actual size of the sign and whether or not it's readable, or is it about putting a sign on a facility that is in an R -1 zone district where there are no residen( 8 Planning Commission Meeting June 25, 2002 around. Mr. Grittman said the issue of signage in the R -1 zone district comes into play, and that signage restrictions are is determined by square footage equally and would seem to be designed to address normal circumstances. Mr. Grittman said this is not designed to address properties that are 40 acres or more and with large setbacks. Commissioner Hesse asked about the Visitation sign. Mr. Grittman said that the letters are definitely larger than 6 inches in height, they are about 18 inches. Chair Lorberbaum said she sees the light colored part of the sign, the material below it, and the two wings on the sides. Chair Lorberbaum asked if there was a way to have the part of the sign that holds the lettering, but eliminate the wings on the sides. Mr. Grittman said a condition could be placed on the variance. Chair Lorberbaum said that would take the structure to a more reasonable size. Mr. Grittman said the structure itself without the sign would be considered a landscape ornament and would be in compliance with the setback requirements. Chair Lorberbaum said there is no need to have a sign that large for people to find St. Thomas Academy. Commissioner Betlej asked if there are other signage on the property. Mr. Grittman said there is a large wall sign on the building. Commissioner Hesse said there is another sign at the entrance coming from the east. Commissioner Betlej asked about the signage that is part of the stadium. Mr. Grittman said the scoreboard was expanded and some name identification was also placed on that. Commissioner Betlej said that at the time that signage was approved, consideration was taken for all the signage of the school, but this has not been done for this proposal. Mr. Grittman said that in the case of the stadium sign, the Planners review showed it did not face a driveway and there was some discussion as to whether it was considered an actual sign or not. Mr. Grittman said a study of the total signage in relation to the square footage of the property could be done if the Commission requires it. Commissioner Dolan said he has a concern that the total amount alloted to this site would be exceeded. Chair Lorberbaum said it already has been exceeded, and more so when the scoreboard was constructed. Mr. Grittman said the school is well beyond what they are allowed. Commissioner Friel said that the existing sign, which complies, creates a safety hazard. Commissioner Friel said he cannot find a hardship with this case and he also has difficulty reconciling how to deal with granting a variance for this signage. when four years ago a variance was refused for a sign for Somerset School that would have exceeded the limits by a much narrower margin. Commissioner Friel said he agrees that siting schools, churches, and other similar facilities in R -1 areas, raises a set of issues with respect to signage. The ordinance does not address these issues, and it has been discussed to address them for a long time, and it has not yet been done. Commissioner Friel said that until these issues are resolved, the Commission must live with the ordinance. Commissioner Friel said there is another issue regarding an accessory structure (for the wall), and that issue has not be addressed vet. Mr. Jim Carlson, Elements. Inc.. 4920 Otter Lake Road, St. Paul, has been retained by St. Thomas Academy to )design, fabricate, and construct the monument. Mr. Carlson said that based on the size of the property, the 9 Planning Commission Meeting June 25, 2002 current signage is too small. The proposed monument is part of a larger landscaping package that has not yet been proposed. Mr. Carlson explained some of the details of the landscaping around the monument. The monument is similar to the design of the monument at Augusta Shores. Commissioner Dolan asked if the signage would be lit. Mr. Carlson said there will ground lights. Commissioner Friel asked Mr. Grittman if he has addressed the lighting. Mr. Griltman said no. Commissioner Betlej asked what type of landscaping is planned. Mr. Carlson said there is a landscaping plan that was provided to the Commission, and reviewed the plan. Chair Lorberbaum said she sees four ornamental trees and three evergreens on the plan, and asked if that was the extent of the landscaping plan. Mr. Carlson pointed out some perennial and annuals to be planted. Commissioner Betlej said this seems a little light for the size of this structure. Chair Lorberbaum opened the public hearing. Seeing no one come forward, COMMISSIONER BETLEJ MOVED, SECONDED BY COMMISSIONER FRIEL, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER FRIEL MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND DENIAL OF THE VARIANCE FOR MONUMENT SIGN AREA IN R-1 ZONE. Further Discussion Commissioner Dolan asked for confirmation that this motion will deny the request because it exceeded the alloted signage on the property already. Commissioner Friel said it exceeded the alloted signage on the property, and exceeds the alloted signage for this size sign. Commissioner Friel said that the issues of lighting and accessory building issues have not been dealt with yet. 4 AYES 1 NAYS (Commissioner Dolan) MOTION CARRIED This case will go before the City Council on Tuesday, July 9, 2002. PLANNING CASE #02-23 GREG BOLTON 780 SOUTH PLAZA DRIVE 10 Planning Commission Meeting June 25, 2002 1ZONING DISTRICT AMENDMENT AND CONDITIONAL USE PERMIT Mr. Grittman showed a map showing the location of 780 South Plaza Drive, which is the site of a commercial property directly south of the Mendota Heights Plaza. This area is zoned B-1 and is just north of a residential area. Mr. Grittman said the applicant operates a martial arts training facility and would like to locate there, in addition to expanding the existing structure, and is seeking an amendment to the B-1 ordinance that would allow this use. Mr. Grittman said the B-1 Limited Business District allows for daytime uses such as commercial offices, hospitals, clinics, day care centers. The B-2 covers more of the day/evening uses. Mr. Grittman said the martial arts business to be located on this property is primarily evening operation. The applicant's intent is teaching classes, and that would better come into a zoning of B3 or B4 districts, which allow health clubs or physical culture studios. As a result, Mr. Grittman does not believe that the ordinance was structured to encourage this type of use in the B-1 and does not recommend amending the B-1 to'allow this use. However, the site plan was reviewed in anticipation of the potential this amendment would be approved and the Planner has some recommendations for additions to the site plan primarily for landscaping, lighting, and signage. Chair Lorberbaum asked how large the parking stalls are. Mr. Grittman said they are deeper than the ordinance allows and the width comes into compliance. Mr. Grittman said a more extensive study could be done to address parking, as well as other site plan issues that would need to be added. Commissioner Friel asked if everything else along that strip is a B-1. Mr. Grittman said yes. Commissioner Dolan asked what was currently located there. Mr. Grittman said it has been used as a professional/dental office. Commissioner Dolan asked what the proximity of the homes are. Mr. Grittman referred to a drawing depicting the location of the closest homes. Mr. Greg Bolton, 795 Keokuk Lane, is the applicant. Mr. Bolton said the reason for his approach with the idea of amending the B-1 classification is that the alternate versions of the B-1 class include vary similar businesses that can be very close to a martial arts school, such as a day care facility. Mr. Bolton said that although the martial arts school is not a day care facility, it is very close to that, as there are children as young a 4 and adults in their 50's and 60's that come to the training at Mr. Bolton's facilities. Mr. Bolton said that there is a Curves fitness facility located nearby and is also in the B-1 district, this business being somewhat similar to the martial arts business. Chair Lorberbaum asked Mr. Bolton if he taught martial arts. Mr. Bolton said yes. Chair Lorberbaum said the current B-1 says "private academies are a conditionally allowed use". Chair Lorberbaum said that the colleges and universities have evening programs, as well as hospitals that have evening hours. Chair Lorberbaum asked Mr. Grittman if this was not a private academy and nothing would need to be changed except to decide if the Commission wants to allow for a conditional use permit. Mr. Grittman said that it was Staff's impression that the ordinance was not specifically clear on that point because it does include health clubs and physical culture studios as a separate use and it was thought that this use was probably more akin to those uses. Chair )Lorberbaum asked Mr. Bolton if he was closer to a health club, or closer to a school. Mr. Bolton said his Planning Commission Meeting June 25, 2002 business was closer to a school. Mr. Bolton said that besides the martial arts that he teaches, he also teach lig . skills to his students as well as social skills and self - improvement skills not only in the school physically, but mentally and spiritually. Mr. Bolton said this was not by any means a religion of any sort, but the school tries to foster self confidence and self control. Commissioner Hesse asked for clarification of the operations continuing beyond a time period that has been designated for this particular zoning district. Mr. Grittman said he does not want to give the impression that a time period is designated, but was trying to determine what the structure of the zoning districts were, and why the uses were clustered the way they were. It appeared that, in general, use is distinguished between daytime and daytime /evening (retail) uses. Mr. Grittman added that these were not clear cut designations. Commissioner Friel said Mr. Grittman's classifications as far as permitted uses are concern is quite accurate, however as far as the conditional uses is concerned, Commissioner Friel said it seems this fits into a conditional use as well as some of the other things that are listed. Commissioner Dolan said his major concern is the effect on the neighborhood, but it does not appear to be significant. Mr. Bolton said the lighting and signage would be in compliance with the city's requirements. Commissioner Dolan said this doesn't seem to be much different than the dental office currently in that location: The traffic seems to be minimal. Mr. Bolton said his business runs primarily 6:00 pm to 10:00 pm. Mr. Bolton said there is no day time use, nor any plans for day time use in the future. Mr. Bolton pointed out that there should be minimal traffic generated by any surrounding business after day time hour, and the day care facility has been closed for two years. Commissioner Friel said there have been evening operations hours on South Plaza Drive for many years, such as the public hearings of the City Council and other city events that were being operated out of the bank building. Commissioner Betlej asked Mr. Bolton to describe the level of people in his training facility. Mr. Bolton said that on any given period of time, classes are run with. approximately 20 people per class. Mr. Bolton said the first classe runs 6:15 pm to 7:15 pm, and there are generally adults accompanying their children to participate or watch the class. The classes are spaced with a 15 minute time period between classes. Commissioner Betlej commended Mr. Bolton's young students on the good behaviour he has observed. Mr. Bolton said his students assisted him in obtaining signatures in random locations of the city, and presented 80 signatures in favor of the martial arts school moving to the area, including some signatures from the homes directly south of the proposed facility. Mr. Bolton said he wants to make sure he would be welcomed into this community. He also wants to teach the martial arts and bolster his students' self confidence and self control so they become better citizens in the community. Chair Lorberbaum asked the hours of the classes. Mr. Bolton confirmed he holds three classes: 6:15 to 7:15, 7:30 to 8:30, and then 8:45 to 9:45. The last class generates about 8 to 10 cars. Chair Lorberbaum opened the public hearing. 12 Planning Commission Meeting Jane 25, 2002 Mrs. Alyece Haimes, wife of Dr. Stanley Haimes, DDS, addressed the Commission. Dr. Haimes is the current owner of the building and dental practice. Mrs. Alyece said they want to sell the property so they may retire and move to Florida. Mrs. Haimes says Friendly Hills is way out compared to where the building is, and she says she sees no traffic. COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER DOLAN, TO CLOSE THE PUBLIC HEARING. 5 AYES 0 NAYS MOTION CARRIED Chair Lorberbaum closed the public hearing. COMMISSIONER FRIEL MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND TO THE CITY COUNCIL TO GRANT THE CONDITIONAL USE PERMIT, AND TO AMEND THE ZONING ORDINANCE IN ORDER TO INCLUDE THIS USE INTO THE CONDITIONAL USES ALREADY INDICATED IF THE CITY COUNCIL FINDS IT NECESSARY. Further Discussion Chair Lorberbaum seconds this motion with the understanding that the Commission is trying to point this use towards Section 14.27 of the zoning ordinance, which is "Private academies, colleges, and universities for teaching ". Commissioner Betlej said he is nervous about amending the ordinance. Commissioner Friel said the motion is to recommend amendment of the ordinance if the City Council feels it is necessary. Commissioner Betlej said he thinks this has stood the test of time for quite awhile and he interprets this existing ordinance to accept this type of use, and therefore sees no reason to make an amendment to the ordinance. Commissioner Friel said this motion would offer an alternative in case the plan doesn't work. In the Council's judgement, the Commission recommends amendment so that they deal with that issue. Chair Lorberbaum asked Commissioner Betlej if he would vote for the motion if it didn't have the second part to it. Commissioner Betlej said that was correct. Chair Lorberbaum asked if Commission Friel would be willing to separate the motion into two. Commissioner Friel said he would. Commissioner Friel made the following amendment to his motion, to delete the second part. Commissioner Hesse asked if there were conditions to this motion, such as site plans approval. Chair Lorberbaum said it would be valid to include conditions. COMMISSIONER FRIEL MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND TO THE CITY COUNCIL TO APPROVAL THE CONDITIONAL USE PERMIT BASED ON THE EXISTING B -1 ORDINANCE, CONSIDERING THIS IS A PRIVATE ACADEMY WITH THE CONDITIONS THAT THE APPLICANT PROVIDE LANDSCAPING, LIGHTING, AND SIGNAGE 13 Planning Commission Meeting June 25, 2002 PLANS THAT DEMONSTRATE MINIMAL IMPACT ON NEIGHBORING RESIDENTIAL PROPERTY. 5 AYES 0 NAYS MOTION CARRIED COMMISSIONER FRIEL MOVED, SECONDED BY CHAIR LORBERBAUM, TO RECOMMEND TO THE CITY COUNCIL THAT, IF THE USE IS NOT CURRENTLY LISTED, THE CITY COUNCIL MAY AMEND THE ORDINANCE TO SPECIFICALLY INCLUDE "Marital Arts Studios and Academies" TO THE B -1 CONDITIONAL USES, IF THEY SO DESIRE. Further Discussion Commissioner Dolan said he would not want to see the ordinance be amended to describe such specific uses and become a "laundry list ". Commissioner Dolan said this could set a precedence that if ordinance is amended to allow the martial arts academy, why would it not do so with respect to another close, but different, use. Commissioner Dolan is concerned about the Commission being forced into a corner to approve things that could be considered related, but not exactly that use. Commissioner Friel said the ordinance has being amended previously to deal specifically with a particular use, because things keep changing and don't fit neatly into categories that were designed and put into the ordinance in 25 or 30 years. Commissioner Friel said martial arts has become more popular and accepted in the last 10 (_ 15 years. Commissioner Dolan said he feels the more changes that are made, the more difficult it may be to deny uses in the future. Commissioner Friel says the description given early on in the meeting, trying to classify the kinds of uses, is very helpful in terms of helping to make a decision about whether or not this was the kind of thing that would fit into the B -1 area, and that's what the Commission is dealing with. Commissioner Friel said this will be changed from time to time, and will be expanded. Commissioner Dolan said that changing the ordinance could possibly lead to issues down the road that the Commission may not want to get into. 3 AYES 2 NAYS (Commissioners Betlej and Dolan) MOTION CARRIED Verbal Review — Jim Danielson Planning case #02 -19 Tollefson Development, Inc. - Garron/Acacia. 14 Planning Commission Meeting June 25, 2002 This case went before the City Council and received comments. It is not sure whether or not this will be going forward. The general reaction from the City Council were mixed, and should the development move forward, it was requested to see a shadow development proposal for the Garron sites and the two parcels that exist east of the development O Planning Case #02 -20, Paul Najarian — addition to home above the garage was approved. • Recreational Vehicle Survey — City Council decided not to do a city -wide residential survey and directed Staff COMMISSIONER FRIEL MOVED, SECONDED BY COMMISSIONER BETLEJ, TO ADJOURN. 5 AYES 0 NAYS MEETING ADJOURNED AT 9:15 PM. Respectfully submitted, �Becki Shaffer, Recording Secretary 15