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2010.04.12 PC Meeting MinutesAPPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 1 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES April 12, 2010 Council Chambers, Crystal City Hall A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears X Commissioner (Ward 2) Whitenack X Commissioner (Ward 4) Fiedler X Commissioner (Ward 1) Heigel (Secretary) X Commissioner (Ward 3) VonRueden [Chair] X Commissioner (Ward 4) Johnson APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 2 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc Moved by Commissioner Whitenack and seconded by Commissioner Heigel to recommend to the City Council to approve Application 2010-02 to divide 4801 Idaho Avenue North into two lots to be addressed as 4801 and 4807 Idaho Avenue North with the findings of fact as outlined in the staff report. Motion carried unanimously. 2. Consider Application 2010-03 for a Conditional Use Permit for outdoor sales at 5222 56th Avenue North (VFW) Staff member, John Sutter, presented the staff report. In addition, Mr. Sutter noted if the upper and lower levels of the VFW were full to capacity, 152 parking spaces would be required. The west parking area alone has 260 parking spaces, leaving a surplus of 108 spaces. Staff recommends approval of the application with the conditions outlined. Commissioner Sears asked if restroom facilities were to be brought in to the site. Mr. Sutter stated no indication of outdoor facilities had been made and the issue could be addressed when a site plan is submitted. Applicant representative Debbie Skoog indicated the restrooms in the VFW building would be used. No one came forward to address the commission during the Public Hearing. Chair Von Rueden asked for further discussion amongst the commissioners. Commissioner Whitenack asked about the number of spaces available for tents, canopies and walkways. Mr. Sutter explained that it would vary, based on the number of the extra spaces available that would be used by vendors, and then the number of parking spaces that would be required by the additional customers generated by the vendors. Chair Von Rueden asked if the applicant had been made aware of the 7 actions required for the CUP. Mr. Sutter stated the applicant received a copy of the report and he had not heard from the applicant. Applicant representative, Natalie Store, addressed the commission to ask if the event could go into the fall months. Mr. Sutter noted the city is not proposing a specific time period; the city’s concerns were with the hours of operation. Unless a condition was added, there is nothing keeping the applicant from having the market place any time of the year, as long as they meet the conditions. Ms. Store also asked if the event could take place on both Saturday and Sunday or if it had APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 3 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc to be either Saturday or Sunday. Mr. Sutter indicated the applicant needs to decide what they want and confirm their request with the commission. Commissioner Fiedler asked the nature of the sales and if alcohol would be served. Ms. Store indicated that no alcohol would be served outside and a variety of items would be offered at the market with proceeds from the booth rental going to charitable organizations the VFW supports. Concerned about the 10:00 a.m. to 6:00 p.m. sales hours extending into what neighbors may deem as quiet time, Commissioner Fiedler asked if complaints were received from the neighbors concerning noise, could this application be reviewed. Ms. Store said that selling was to be finished by 6:00 p.m. and tear down of booths and tents to be completed by 8:00 p.m. Chair Von Rueden stated that Commissioner Fiedler could include the condition in the motion. Mr. Sutter said the City Clerk will handle licensing of vendors that is required. There is no excessive provision for review of this CUP once issued. Noise could be handled through the noise ordinance in the city code. An option might be to tighten up the hours of operation. There has been an occasion where an application was approved but required to be brought back to the council for review, and if the commission wishes to make that a condition of this CUP, that condition should be added to the CUP at this time. Commissioner Fiedler expressed his concern that neighbors may not be aware that it is similar to having an outside business and the applicant may extend the market season into the fall. Debbie Skoog, Jr. Vice President of the Ladies Auxiliary, addressed the commission by clarifying that it is the Auxiliary’s desire to have the market one day of the weekend during the summer months. The Auxiliary would raise funds by selling space for booths to vendors. The timeframe would likely be 10:00 a.m. to 3:00 p.m. to allow sufficient tear down time before traffic arrives for use of the rental facilities at the VFW. Ms. Skoog also noted that a committee member will be present during the market. It is not their intension for the market to extend into an eight hour day. The VFW will not provide electricity, booths or restrooms facilities in addition to the facilities available inside the VFW. Commissioner Strand asked if it is the Auxiliary’s goal to have repeat vendors and asked if this will be monitored by the city. Ms. Skoog indicated they hope to have repeat vendors and the City Clerk would take care of the licensing requirements. Ms. Skoog stated the weekly event is to be a destination for neighborhood families, with no alcohol being served outside. Mr. Sutter confirmed the licensing of vendors is done by the City Clerk. A site plan would be submitted to city staff that will show the types of uses and the area APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 4 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc to be used by the market. A final determination regarding parking verses vendor spaces will be made at that time. Commissioner Whitenack commented on the buffer area between the parking/ vendor area and the neighborhood working to the advantage of the market. Of greater concern may be the off-street parking and increased traffic in the area. Moved by Commissioner Sears and seconded by Commissioner Whitenack to recommend to the City Council to approve Application 2010-03 for a Conditional Use Permit for outdoor sales at 5222 56th Avenue North (VFW) including the seven conditions of approval as outlined in the staff report. Motion carried by vote of 6 - 1. 3. Consider Application 2010-04 for a Variance from off-street parking requirements for 6404 56th Avenue North (Top Hat Theater) Staff member, Jason Zimmermann, presented the staff report. Mr. Zimmermann clarified the comments included in the staff report provided by West Metro Fire Rescue District are not a condition of approval for the variance, but because of the significant costs of adding a sprinkler system to the business, staff wanted to make sure that all concerned are aware of the Fire Departments requirement prior to occupancy. The paragraph in question will be clarified in the report that will go to City Council so that it does not appear to be a condition of approval for the variance. Regarding Criteria #1 of the staff report, Mr. Zimmermann, after consulting with the city attorney, noted that criteria will be amend for the report to the City Council. Staff recommends denial of the request for the variance As a result of the Public Notice, the city received a letter from the owner of Eggie’s restaurant indicating they were not in support of the theater use as it would overburden their already limited parking area. Mr. Zimmermann said this would be included in the record. Commissioner Von Rueden clarified the parking for daily business would likely not be an issue, but the traffic generated by performances would likely create parking issues. Chair Von Rueden also commented on the timing of performances also may create parking issues. Mr. Zimmermann confirmed the performances are the largest issue, if other activity is limited to drop-off and pick-up of students or if the property were to be used as a teaching facility the variance would not be required. A 150 seat theater would require 60 parking spaces as outlined in city code. During performances other business parking could be encroached upon. The Public Hearing was opened and the following were heard: APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 5 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc Pamela Russell, Director of Top Hat Theatre, stated that in the past, while operating in Crystal out of a church, they have normally taught classes on Saturdays to children 4 – 18. Typically students have been dropped off with possibly 2 parents staying during the course of the day. Ms. Russell also stated because this is a family theater, families of 4 to 6 would typically travel to the theatre together, placing less stress on the parking than may be anticipated by the city code. Ms. Russell also stated they were willing to negotiate on the number of seats they would have, therefore, decreasing the number of parking spaces that would be required. She also stated that because Eggies is open 8-2, she did not feel that their performances would interfere with parking other than a Sunday 2:00 p.m. matinee. Because the space has been vacant for 3 ½ years they feel the theater would be a good fit. In response to Chair Von Rueden’s question regarding the number of performances that would occur at the theater Ms. Russell stated in the past they had two shows per year with three performances of each. However, they would likely increase the number of shows to approximately include 2 weekends per month. Commissioner Sears felt if a business plan has been submitted it would have been helpful. Commissioner Strand asked the number of students the theatre services. Ms. Russell said they have 50 to 75 per semester. They have about a 90% student return rate. Because they have outgrown the church they have used they are looking for space where they could possibly expand and include summer classes. Commissioner Fiedler asked if the applicant was aware they would be allowed 28 spaces which would allow seating for 66 persons. She was aware and because they needed more parking spaces, they applied for the variance. Ms. Russell stated when making a sketch of the space for the Fire Inspector they based their number of seats on the square footage of the space. The initial sketch, based on the square footage provided for more people and, in turn, more parking spaces than she knew could be accommodated. Ms. Russell provided a revised plan, and would still be willing to adjust the number of seats. Mr. Zimmermann clarified for Commissioner Fiedler, for a 150 seat theater, 60 parking spaces would be required. If the space had continued as office or retail space only 28 parking spaces would be required. Because none of the parcels in that strip have parking, they are all non-conforming, but have use of the two city owned lots with a total of 112 parking spaces. Mr. Sutter stated that if the theater had 70 seats or fewer, there would be no need for a variance. Mr. Sutter also stated that the code clearly identifies theaters as requiring 1 parking space for every 2.5 persons. The applicant is requesting an expansion of a non-conforming use. APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 6 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc Mr. Sutter also asked the commission to keep in mind that the properties in the strip are already non-conforming. If it were a traditional shopping mall with a single owner the property owner could regulate the parking through leases. However, in this case, the city owns the parking lot which already does not supply enough parking spaces for office and retail for all of the parcels involved. If this variance is approved the commission needs to think about future requests for variances for churches or other type of assembly uses that may make a request and what grounds they would have to deny if they have already approved this variance. Once we have allowed the non-conforming use for one lot to be expanded, since these are all individual lots with individual owners, it is hard to justify giving a special property right to one and not to the others. We do not know what will happen in the future with these properties as they turn over and their uses change. If the commission wishes to approve the application, staff could sit down and reexamine this application. However, staff would draft findings of fact for the Council. Ms. Russell responded to Commissioner Heigel’s question about whether all age groups perform together or if they perform in smaller groups. She indicated that they have all performed together, but that would have to be adjusted if this application is approved. Commissioner Sears suggested that a business plan could show how the operation of the theatre would not have an impact on neighboring businesses parking. Part of the business plan should also be a careful look at the cost of the fire sprinkler system. Ms. Russell stated they do not have the funds for the sprinkler system at this time and asked if it would be possible to use the property only for teaching, thus, continuing with the same use, and not requiring the additional parking. Performances could be held off site, and once funds were available to add the sprinkler system, they could re-apply for the variance and move ahead with having the performances on site. When city staff was initially contacted, commented Mr. Zimmermann, the stated use of the space was for teaching which would have been a permitted use. However, when the second proposal for the theater was added, the parking variance requirement was triggered. The fire inspector would have to make the determination if a sprinkler system were required, should the proposed use change. Ms. Russell asked if a variance were granted now, and they used the property only for training for a couple of years, could they later install the sprinkler system when they began using the space as a theater. Mr. Sutter stated the variance will run with the property, unless the commission imposes some timeline on it. The parking variance would grant a permanent special property right to this parcel. If they chose not to utilize it for performances, the variance would still be there, unless the commission chose to have some sort of a clock running after the approval. APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 7 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc Commissioner Whitenack stated in his experience as an architect an assembly space would have to have a sprinkler system. If the applicant chose to hold performances elsewhere, the cost of the sprinkler system would likely be able to be deferred. And if the use of the space was limited to teaching there would be no need for this variance. Ms. Russell stated they had a one week parking study of the parking area. During that week, should the theater have used 60 parking spaces, at no point would all of the parking spaces in the city lots have been used. She acknowledged that some of the businesses are currently vacant and a change in the occupancy rate of the building could affect the parking situation. However she added the higher traffic times of the proposed theater are reverse of many of the businesses. Commissioner Strand commented she appreciated what the applicant is trying to do, but feels, as an accountant, it might be best to find a space that will take their business into the future. The commission has city code to apply and she said she would rather see the applicant in a space with its own parking and a space that they could grow into as their business continues to increase. Commissioner Johnson commented on the somewhat blighted condition of the area and feels it may be worth the radical step to approve the variance to get a good tenant in the space and improve the area, in general. Mr. John Kwakenat, representing FTK properties, owner of multiple properties sharing the parking areas, addressed the commission. He counted 108 spaces and calculated the total square footage of only the “Eggies mall” at 41,000 sf, stating this owner would be requesting 55% of the total parking spaces and occupying approximately 17% of the space. He already receives a number of complaints by his tenants because of the lack of parking especially during Crystal Frolics. Understanding it is difficult to fill tenant spaces with businesses that require minimal parking, it would even be more difficult with this added demand on parking. Hearing no further comments, the Public Hearing was closed. And hearing no further discussion from the Planning Commission, Chair Von Rueden asked for a motion. Moved by Commissioner Sears and seconded by Commissioner Heigel to recommend to the City Council to deny Application 2010-04 for a Variance from off-street parking requirements for 6404 56th Avenue North (Top Hat Theater) Motion carried by vote of 6 - 1. D. OLD BUSINESS - None heard APPROVED MINUTES OF APRIL 12, 2010 PLANNING COMMISSION MEETING Page 8 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2010\04.12\minutes.doc E. NEW BUSINESS Commissioner Fiedler asked about the EDA purchased property located at 5548 Yates. Mr. Sutter answered his question regarding the garage being left in place, while the home was demolished, explaining the garage was in repairable and usable condition, should the buyer of the property choose to keep it. Mr. Sutter was also able to confirm to the commission the attempt, when applicable, to contact salvage agencies when properties are to be demolished. However, often the properties in question, have very little that is of any salvage value. The abatement contractors do figure in the recycling of any appliance that may be on site. Commissioner Whitenack had concerns and questions about a new business operating a group home in his neighborhood and the added traffic and parking issues it has caused. Mr. Sutter explained the city can do very little to regulate group homes as state law trumps city code. However, the city can address with the owner the impact the facility is having on the neighborhood and encourage the use of the garage and driveway to relieve the congested street condition. The property owners could ask the city, in writing, to review the street parking on 40th Avenue, also. F. GENERAL INFORMATION 1. Offer from Commissioner Strand to serve as Ward 2 representative instead of At Large representative to facilitate filling the open seat on the Commission may not be needed as there is a new applicant from Ward 2 that will be interviewed next month. 2. City Council action on a recent Planning Commission item was included with the Planning Commission packet. 3. Development Status Report as of March 31, 2010, was included with the Planning Commission packet. 4. Staff preview of likely agenda items for the May 10, 2010 meeting included the possible consideration of the CUP previously issued for the African Food Market. G. OPEN FORUM A question from a unidentified audience member concerning the size of the homes that are proposed to be built on the lots located at 4801 and 4807 Idaho Ave N. Mr. Sutter was able to confirm that a plan have been received for a proposed home with approximately 1,000 sq ft (per floor), split level, with a 2 car attached garage. Mr. Sutter also provided them with copies of the staff report for Agenda Item C (1). H. ADJOURNMENT Moved by Commissioner Sears and seconded by Commissioner Whitenack to adjourn. Motion carried. The meeting adjourned at 8:48 p.m.