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2011.09.12 PC Meeting MinutesApproved minutes of September 12, 2011 Planning Commission J:\PLANNING\Planning Commission\2011\09.12\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES September 12, 2011 at 7:00 p.m. 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 [Chair] Approved minutes of September 12, 2011 Planning Commission J:\PLANNING\Planning Commission\2011\09.12\minutes.doc clean floor drains. Ms. Moser expressed her opinion stating she feels there is no need for an additional car sale lot in the area. The applicant, John Christy, addressed the commission. Mr. Christy stated he would not allow loud music at his business and that he runs a professional and clean shop. Commissioner Heigel asked if the entrance off West Broadway would remain open to Regal Car Wash customers. Mr. Christy indicated that it would remain open to car wash traffic as it is only one of two entrances to the property. Commissioner Heigel inquired if large trucks would be able to off load in the fairly confined space. Mr. Christy said large trucks would not be making deliveries. Or if needed, on occasion, the lot would be able to support such a delivery. Hearing no further questions for the applicant or further comments, the public hearing was closed. Planning Commission discussion: Chair Whitenack suggested a conversation between the property owner and tenants regarding the conditions at the property and the noise issues at the property may be helpful. Mr. Christy understands the need to keep the property properly maintained and would work with the Regal Car Wash management to obtain a higher level of curb appeal of the property. Chair Whitenack noted that some gas stations have signs posted asking customers turn down radios and asked if the city could require something similar to help the loud music issue. Planner Sutter stated Super America has had that type of sign but was unsure of the effectiveness. Mr. Sutter suggested 911 be called when there are noise issues and dispatchers will prioritize such calls. Police calls help establish a record of issues the police could address with the business owner and property owner. Chair Whitenack suggested the commission include a condition that would address the noise issues at the property. Mr. Sutter suggested language such as “Regal Car Wash shall institute a no stereos policy”. Commissioner Johnson asked how the property maintenance should be addressed. Mr. Sutter stated the city has code enforcement in place to address fence maintenance, long grass and graffiti. Violations should be reported to the city at 531-1000. Approved minutes of September 12, 2011 Planning Commission J:\PLANNING\Planning Commission\2011\09.12\minutes.doc Hearing no further discussion, Chair Whitenack asked for a motion. Moved by Commissioner Sears and seconded by Commissioner Heigel to recommend to the City Council to approve Application 2011-11 for a conditional use permit to allow motor vehicle sales (Christy Motors) at 5301 Douglas Drive North (Regal Car Wash) including the nine conditions noted in the staff report and institution of noise enforcement including signage. Motion carried unanimously. 2. Consider Application 2011-12 to amend the Zoning Ordinance or Zoning Map related to hours of operation requirements at 3537 Douglas Drive North Staff member, John Sutter, presented the staff report, recommending Option #2. Chair Whitenack asked how many times the hours of operations issue had come up in C-1 districts. Mr. Sutter said the zoning had been in place since 2004 but it has not been an issue until the last 6 months when Body Blast made application for expanded hours of operation. The following were heard during the public hearing: Phil and Francine Weber, applicants, addressed the commission. They stated the hours of operation are vital to the success of this business. Their plans are for a non-traditional restaurant with ice cream and possibly local artist merchandise. They want a neighborhood focused, family oriented business similar to a coffee shop that is a part of the community. They will be applying for beer and wine licenses. Commissioner Sears asked what the proposed closing times would be. The applicants indicated 10 p.m. closing Sunday through Thursday and Midnight on Friday and Saturday. Commissioner Strand asked what time they would be opening. Mrs. Weber indicated they are considering breakfasts only on weekends and a light lunch menu during the week while staff will be present preparing for dinner. Commissioner Johnson asked if there is sufficient parking. Mr. Sutter stated the property is legally non-conforming. Staff has suggested ways to maximize the parking, but the city has no legal grounds to require changes. Commissioner VonRueden asked if the north parking lot was exclusively for the use of Aquatropics or for the entire shopping area. Mr. Sutter explained it is for use by the entire shopping area. Commissioner VonRueden also expressed the need to protect the house next to the north parking area from issues related to parking. Mr. Sutter stated Option #1 and Option #2 would allow conditions relating to the parking to be written into the approval. Approved minutes of September 12, 2011 Planning Commission J:\PLANNING\Planning Commission\2011\09.12\minutes.doc Phil Herman, Douglas Partnership, addressed the commission. Since the property on the east side of Douglas is owned by the same entity and has ample parking space, Mr. Herman affirmed that patrons would be allowed to park there and that signage could be added informing customers of the availability of additional parking. Planning Commission discussion: Commissioner Heigel asked if Body Blast and Milton’s hours of operation would be addressed with one action. Planner Sutter explained each business must be addressed as a separate business. Option #1 would allow city staff to handle the matters rather quickly and Option #2 would require a conditional use permit and both businesses in question would be required to apply for such. Whichever option is adopted would be available for any property in a C-1 district. Commissioners Whitenack and VonRueden both confirmed their support for Option #2. Hearing no further discussion Chair Whitenack asked for a motion. Moved by Chair Whitenack and seconded by Commissioner VonRueden to recommend to the City Council to approve Application 2011-12 to amend the Zoning Ordinance or Zoning Map related to hours of operation requirements at 3537 Douglas Drive North by adopting Option #2 in the staff report requiring a conditional use permit. Motion carried unanimously. D. OLD BUSINESS 1. Discuss changes to the Comprehensive Plan required by Metropolitan Council and timeline for considering same Planning Commission discussion: Commissioner Strand asked what it would mean if Crystal were no longer a part of the Livable Communities Program. Mr. Sutter explained the city would not be able to apply for certain grants and programs from Metropolitan Council. Concerning the Crystal Airport, Mr. Sutter explained the lengths the city went to preserve the city’s land use and zoning authority over the property should it no longer be used as an airport in whole or in part. E. NEW BUSINESS – none discussed. Approved minutes of September 12, 2011 Planning Commission J:\PLANNING\Planning Commission\2011\09.12\minutes.doc F. GENERAL INFORMATION 1. Memorandum from City Attorney regarding recent MN Court of Appeals decision regarding impartiality in quasi-judicial proceedings. 2. City Council action on previous Planning Commission items. 3. Reminder of commission appreciation event at CCC on September 22, 2011 – RVSP’s taken. 4. Currently there are no agenda items for October 10, 2011 meeting except the Comprehensive Plan. G. OPEN FORUM The Commission wished to thank Mr. Sutter for his hard work and diligent efforts representing the Planning Commission as the final details of the Comprehensive Plan were worked out. H. ADJOURNMENT Moved by Commissioner Buck and seconded by Commissioner Sears to adjourn. Motion carried. The meeting adjourned at 8:40 p.m.