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Home My WebLink About04-15-1999 Minutesip PLANNING COMMISSION MINUTES - APRIL 15, 1999 Call To Order Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Schultz, Vogt and Wasescha. Staff Present: City Planner Richards, City Attorney Vierling, Community Development Director Danielson, and Community Development Secretary Hultman. Approval of Agenda Dahlquist, seconded by Schultz, moved to approve the Agenda as amended, removing items B & D from Old Business. Carried 5 -0. Approval of Minutes Commissioner Dahlquist, seconded by Schultz, moved to approve the Minutes of April 8, 1999 as amended. Carried 5 -0. Visitors David Beaudet, Councilmember; Mark Brower, The Stillwater Evening Gazette; Bruce Dischinger, Ryder Transportation; Greg Dolphin, Burger Ding; Tom Edison, 5343 Monarda Ave. N.; Donna Gray, 14812 58th St. N. 431); Doug Kennedy, Arby's /Sbarro; Tim Kern, 5662 Stagecoach Trl. N.; Julie Kink, The Courier News; Kevin LaCasse; Oak Park LLC; John Low, Oak Park LLC; Kahleen Macy, ISD 4834; Barb Mix, 5662 Stagecoach Trl. N.; Andrew & Diane Olson, 5464 Stagecoach Trl. N.; Dan Parker, ISD #834; Pam Patrick, 15365 58th St. N.; Larry Phillips, 5272 Stagecoach Trl. N.; Paul & Martina Plaster, 5472 Stagecoach Trl. N.; David Putnam, Midwest Land Surveyor's; Brian Smith; 5480 Stagecoach Trl. N.; and Tony Vavoulis, Secure Mini Storage. Public Hearings A. A request to consider a Conditional Use Permit for a student transportation facility and bus garage at 5302 Stagecoach Trail, N. : City Planner Richards provided a brief recap of the proposed project and reviewed his Planner's report with the Commission. Chair Hedlund opened the hearing for public comment at 7:05 p.m. Several neighborhood residents addressed the Commission regarding their opposition and their concerns, which included increased traffic, noise and pollution generated from the proposed use, property value and neighborhood decline, property /business location, operation schedule and procedure, screening and property roadway surface material. Bruce Dischinger of Ryder Transportation addressed the Commission and responded to the concerns of the neighborhood. Kevin LaCasse of Oak Park LLC stated that he didn't feel that the proposed use would change the composition or character of the neighborhood and that it is not uncommon to find an industrial park near or at the center of a neighborhood. Commissioner Wasescha, seconded by Dahlquist, moved to close the public hearing at 8:36 p.m. Carried 5 -0. Commission discussion ensued as to hard surface material and concrete gutter requirements and related variance issue to any deviation from the established requirements. Discussion included time frames for property improvements, potential ponding requirement, business operation schedule and procedures, including hours and bus cycling. Engine heat probe design and function as well as back up warning noise reduction was discussed. Environmental issues, property valutions, and Oakdale facility comparison were also discussed. Commissioner Dahlquist, seconded by Schultz, moved to recommend that the Council approve the request for conditional use permit, subject to the conditions as established in the Planner's Report, dated April 8, 1999 amended to include: (1) requirement of block heaters and /or heater plugs or heat probes being installed in all of the buses prior to business operation; (2) compliance with Washington County's requirements for a turn /pass lane; (3) annual review of the C.U.P.; (4) that buses be required to be backed into their spaces at the end of each day; and (5) that a schedule of operation hours be established, subject to review an approval by City staff. Carried 5 -0. Commissioner Vogt left the meeting at 9:30 p.m. B. A request to consider a Conditional Use Permit /Planned Unit Development to allow additional storage buildings at Secure Mini Storage, 5710 Memorial Ave. N. City Planner Richards provided a brief recap of the proposed project and reviewed his Planner's report with the Commission. Chair Hedlund opened the hearing for public comment at 9:33 p.m. Tony Vavoulis, the applicant, introduced himself to the Commission and stated that he agreed with the report as provided by Planner Richards and would work with the City to resolve code requirement issues. Dahlquist, seconded by Wasescha, moved to the close the public hearing at 9:35 p.m. Carried 4- 0. Wasescha, seconded by Dahlquist, moved to recommend approval subject to the conditions established in the Planner's Report dated April 7, 1999. Carried 4 -0. C. A request to consider a Conditional Use Permit and Variances for proposed changes to si na e, lighting and canopies at Burger King, 5907 Neal Avenue, N. City Planner Richards provided a brief recap of the proposed project and reviewed his Planner's report with the Commission. Chair Hedlund opened the hearing form public comment at 9:36 p.m. Greg Dolphin, the applicant, addressed the Commission as to the issues indicated within the Planner's Report, He stressed his concern about lack of visibility and business identity. He added that business has been slow. He provided a projected display of the Oak Park Ponds shopping area to demonstrate the basis for his request and answered questions for the Commission. Doug Kennedy of Arby's /Sbarro was present and noted his agreement with Mr. Dolphin that signage identity is an issue of concern, noting that visibility is important for their type of business. Dahlquist, seconded by Wasescha, moved to close the public hearing at 10:17 p.m. Carried 4 -0. 2 Brief discussion ensued as the City's requirements for signage and design. Wasescha, seconded by Schultz, moved to recommend denial of PUD /CUP amendment request. Carried 4 -0. Wasescha, seconded by Schultz, moved to recommend denial of Variance requests 1,2, 4 and 5. Carried 4 -0. Wasescha, seconded by Schultz, moved to recommend approval of Variance request 4, amended to include the East side of the building (replacing menu board) and subject to conditions 2 and 3 of the Planner's Report, dated April 7, 1999. Carried 4 -0. The Commission elected not to comment on condition 1, noted in Planner's Report of April 7, 1999. D. A request to consider a Conditional Use Permit for H.S.I. to orovide two programs for youth and children, including the Therapeutic Learning Center drug treatment program (T.L.C.) and People Learning - A Cooperative Existence Program (P.L.A.C.E.), at 5620 Memorial Ave. N., located within the Kern Center Chair Hedlund opened the public hearing at 10:35 p.m. City Planner Richards recapped the project and reviewed his Planner's Report for the Commission, noting that an alternative site plan had been submitted that addressed the handicapped parking space issue. Dahlquist, seconded by Schultz, moved to close the public hearing at 10:40 p.m. Carried 4 -0. Brief discussion ensued as to the content of the programs and their compatibility with neighboring businesses. Schultz, seconded by Dahlquist, moved to recommend approval subject to the conditions established in the Planner's Report, dated April 7, 1999, with condition number 8 amended and inclusion of condition number 9, requiring that the building occupancy not exceed 50 persons until such time that the building is connected to the municipal water and sewer service. Carried 4 -0. Old Business A. A request to consider an amended Conditional Use Permit to allow for a ropes course structure at the Stillwater Area High School (Public Hearing was closed at the March 4, 1999 meeting) City Planner Richards recapped the project and issues of concern, noting Arborist Widin's report on the site. He noted that City staff has met with the public safety staff regarding safety issues and that the City staff and Police Chief are generally satisfied with safety but wish to have access to the site maintained year round. Chair Hedlund noted, for the record, documentation received from residents of the Blackwood neighborhood. Discussion ensued as to arborist's recommendations, fencing, hours of operation and access, parking, and volume of participants using the course at a given time. Hedlund, seconded by Schultz, moved to recommend adopt language of City Attorney, and to amend it to include restricted hours of use to 8 a.m. - 5 p.m., or until dark, whichever is earlier, Monday through Friday, year round. The Course shall be closed on weekends and days considered a legal holiday by the State of Minnesota. Carried 4 -0. B. Comprehensive Park and Trail System Plan, 1999 Community Development Director Danielson, updated the Commission on the process taking place by the Parks Commission and City staff in relation to the plan. She will continue to keep the Commission informed. New Business: None Informational /Update A. City Council meeting follow -up Agendas Receipt acknowledged. Adjournment: Schultz, seconded by Wasescha, moved to adjourn at 11:28 p.m. Carried 4 -0. Respectfully submitted, Julie A. Hultman Community Development Secretary S