Meeting Minutes New Prague Planning Commission Wednesday, December 19, 2007
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- Cuthbert Hampton
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1 Meeting Minutes New Prague Planning Commission Wednesday, 1. Call Meeting to Order The meeting was called to order at 6:34 p.m. by Planning Commission Chairperson Grant Gengel with the following members present: Kay Wilcox, Grant Gengel, Bob Gilman and Jim Kratochvil. Commissioner Pat Remfert arrived 6:45 PM. City Staff Present: Renee Christianson - City Planner, Ken Ondich City Planner and Dennis Seurer Public Works Director. 2. Approval of October 24, 2007 Regular Meeting Minutes It was moved by Wilcox, seconded by Gilman to approve the October 24, 2007 regular meeting minutes as submitted. Motion carried (4-0, Remfert had not yet arrived). 3. Review Fire Station Plans Randy Engel, Buetow & Associates Jim Becker, Fire Chief Bill VanCura, Ambulance Director Planner Christianson provided an introduction and stated that as a courtesy to the Planning Commission the plans for the proposed emergency services center would be presented. She stated that the building and site did not require a conditional use permit for the I-1 Industrial District. She added that a plat of the land on which the building is located would be reviewed by the Planning Commission in the near future. Randy Engel, architect from Buetow & Associates, gave an overview of the proposed emergency services center site plan, floor plan, building elevations, building materials and a 3D site and building drawing. Commissioner Gengel asked how trucks at this new location would get to the east side of town. Jim Becker, Fire Chief, stated that they would use County Road 37 and avoid Main Street. Commissioner Gengel asked if the number of fire department members has increased with the recent growth. Chief Becker stated that they have 30 members which has not increased partly due to the current space limitations. He stated that they expect to have an increase calls as the city continues to grow. Commissioner Gengel stated that he liked the overall look of the building elevations. Page 1 of 7
2 Commissioner Wilcox stated that she thought the east elevation was somewhat bland. She stated that she would have liked the front broken up more. Commissioner Gengel stated that he felt the building would be attractive to those driving through the City. Commissioner Gilman stated that he thought the doors and windows helped break up the east elevation. Commissioner Gengel asked what the life span of the building is. Mr. Engel stated that the life span of the building is years. Commissioner Wilcox asked Chief Becker to present a power point showing the limited space they have at the current facilities. Chief Becker presented a power point showing the cramped facilities at the current location for the fire station and ambulance garage. 4. Review Waste Water Treatment Plan Building Elevations Bolton & Menk Planner Christianson provided an introduction and stated that the current treatment plant facility is considered a legal non-conforming use because it is located in the RL-90 Single Family Zoning District and that a key point when considering this new facility and if it requires a conditional use permit is if the use on the site is intensifying. She stated that the presentation tonight is to gather any initial comment from the Planning Commission regarding the building appearance or site. Bob Brown, Vice President - Bolton & Menk, introduced Jon Peterson of Bolton & Menk and Jeff Rapp of Wilkus Architects, Inc. Jon Peterson, Project Manager - Bolton & Menk, provided a power point presentation which provided information on the existing facility site, proposed facility layout on the site and proposed facility elevations. Jeff Rapp, architect from Wilkus Architects, provided details on the building design. He noted that the shape and size of the building was dictated by the needs of the operation and equipment housed in the building and that it was largely designed before they got involved. He stated that they really have focused on using some external design elements to make the structure more attractive including some windows, color variations and some aluminum clad awnings over some of the entrance areas including a larger window near the public front entrance. He stated that the building is built into the side of the hill which helps reduce the builds mass and that it lend itself well to the overall look of the building. He stated that the building would be 100% masonry brick and would be larger brick which is common to buildings of this size. Commissioner Remfert asked for a 2 minute overview of the treatment process that takes place in the buildings. Page 2 of 7
3 Mr. Peterson provided a quick overview of the treatment process through the building. Commissioner Gengel stated that he does not see an intensification of the use as long as there are not more trucks each day, more smells or many more employees. Commissioner Remfert asked what the capacity of the new treatment plant is. Mr. Peterson stated that it would be built for a 20 year design and a total population of 16,000 to 17,000 people. Commissioner Remfert asked about the size of the building. Mr. Peterson stated that it had a 66,000 sq. ft. building footprint. Commissioner Wilcox asked why it is designed with a flat roof. Mr. Peterson stated that it is designed with a flat roof because it is more cost effective and if they did a sloped roof it would essentially be like paying for two roofs on the structure. He stated that the flat roof would not be a concern for leaks as it is sloped somewhat for drainage and also because there will be no roof top units which are typically sources of leaks on flat roof buildings. Commissioner Gengel asked the Planning Commission if they felt the conditional use process was warranted. Commissioner Remfert stated that he felt it was important to go through the process to inform the local residents. Commissioner Kratochvil stated that the City has already invested a lot of time and money into the facility at this site and that it would be built at that location no matter the input received from the public. Commissioner Wilcox agreed that it should go through the conditional use permit process. Commissioner Gengel stated that it was the consensus of the Planning Commission that the treatment plant go through conditional use permit process. He stated once again that he thought it was an attractive building. Commissioner Wilcox asked for the Planning Commission to be informed of what the price of the facility is expected to cost. Mr. Peterson stated that it was expected to cost around $27 million dollars. He also stated that the City Council would be having a workshop in January. 5. Reopen Conditional Use Permit #C Bus Garage & Educational Facility ISD applicant Page 3 of 7
4 Planner Christianson presented the staff report. She stated in 2002 that the New Prague School District received a conditional use permit to allow an educational facility to be added onto the bus storage facility located at th Street NE. She stated that the school district would now like to add a lean-to onto the north side of the building which will be used for school vans. She stated that besides the bus garage and attached automotive educational area there are two other detached garages on the site. She stated that the site about 2.37 acres in size and zoned RL-90 Single Family residential where educational buildings are guided to the district and allowed by conditional use permit. She stated that the existing buildings and addition would meet the maximum land coverage minimum. She stated that the proposed building addition meets all setback requirements. She stated that access to the site is from CSAH 37 and the other off Central Ave. N. and that parking on the site will not be reduced by the addition and that the leanto addition will create more parking for the school district s vehicles/vans. She stated that the property is located in the unshaded Zone X of the FEMA FIRM map which is outside of a 500 year floodplain. She stated that the RL-90 Zoning District does not have any specific building design guidelines and that the structure addition does not have any sides and only has a steel roof. She stated that staff developed findings to approve the conditional use permit and recommends approval based on those findings and also to keep the existing conditions from the original conditional use permit in place while noting that deleting the past approved site plan would provide some flexibility to the school district to pull building permits for additions without amending the conditional use permit each time. The public hearing was opened at 7:42 PM. With no public comments received, the public hearing was closed at 7:43 PM. Commissioner Gengel stated that this seemed like a pretty benign request. He asked for clarification from staff about the idea to delete reference to a specific site plan. Commissioner Wilcox asked if the City had regulations pertaining to lean-to structures. Planner Christianson stated that the City did not. Commissioner Wilcox stated that she would worry about what future additions might be made to the site without the review by the Planning Commission while noting that if a lean-to addition on the front might not be approved as it would on the back side away from the public view. She stated that she supports keeping reference to a site plan on file. A motion was made by Gilman, seconded by Remfert, to reopen conditional use permit #C to allow an addition onto an educational building and bus storage facility, as proposed by Independent School District 721, be approved for the following reasons: A. The proposed lean-to building addition will not create an excessive burden on existing parks, schools, streets and other public facilities which serve the area because it will simply be used to shelter vehicles which are already stored at the site and owned by the school district. B. The proposed lean-to building addition will not be visible from the south, east or west side, as it is screened from adjacent properties by other buildings on the site. The property located to the north is owned by the City of New Prague and used for utility Page 4 of 7
5 purposes so the proposed lean-to building addition will not cause any deterrence in value to adjacent properties. C. The proposed lean-to building addition is reasonably related to the overall needs of the City as it will provide shelter for school district vehicles needed to transport students. D. The current use of the site as a bus garage storage facility and an educational facility is consistent with the purposes of the Zoning Ordinance and zoning district in that the proposed use is specifically guided to the RL90 district. E. The use of the property as an educational building and bus storage facility is not in conflict with the comprehensive plan of the City because the Comprehensive Plan designates this property as being guided to residential zoning and educational uses are guided to the residential zoning districts. F. The proposed lean-to building addition will not cause any additional traffic at the site, above what is currently occurring on the site, and therefore will not cause traffic hazard or congestion. G. Adequate utilities such as water, sewer and roads have been provided to the site. And with the following conditions: 1. The Conditional Use Permit is issued in accordance with the site map dated 12/19/07 on file with the New Prague Planning Department. And noting that: 1. Conditions of the original conditional use permit to remain in place. Motion carried: Ayes 5 Nays 0 6. Draft Zoning Ordinance Amendments - A. Physical Recreation or Training Amendment Planner Ondich stated that a dance studio applied for a conditional use permit in the I-1 Light Industrial District in September and that such a use was not listed as either a permitted or conditional use in the district and was ultimately approved. He stated that staff was asked to draft a definition and parking requirements for such related uses and noted that many cities have provisions to allow such uses in light industrial zoning districts. He stated that six cities provided information from their regulations and that those regulations were included as an attachment to the staff report. He stated that various descriptions for the type of use to include dance studios and gymnastics centers were considered. He stated that staff recommends adding a new definition to include dance studios and other related uses to be defined as physical recreation or training facilities. He stated that staff further suggests making this specific use permitted in the B-1 Central Business District and conditional uses in the I-1 Light Industrial, B- 2 Community Commercial and B-3 Highway Commercial Zoning Districts. He stated that parking is suggested for dance studios/karate facilities/gymnastics facilities at 1 per 350 square feet of floor area. Commissioner Gengel stated that he would not be comfortable with such uses to be permitted in the I-1 Light Industrial District. Page 5 of 7
6 Planner Ondich stated that staff is proposing the uses to be allowed by conditional use permit only in the I-1 Light Industrial District. Jim Kratochvil stated that since the City allowed the dance studio in the I-1 District earlier how could the City say no to another request. Commissioner Wilcox stated that the conditional use permit review is necessary to review individual circumstances for each property and request. A motion was made by Wilcox, seconded by Gilman, to move forward with a public hearing for the physical recreation or training amendment language for the zoning ordinance, which passed unanimously (5-0). B. Outlot Definition, Dwelling Unit Definition, Second Kitchen Regulations Planner Ondich stated that staff seeks to add a definition for outlot because the City currently does not define it and noted that such lots are not eligible for building permits. He stated that staff had thought about amending the family definition but this provided difficult because of past case law and the city attorney recommended leaving our definition as it is. He stated that staff is also suggesting regulations for second kitchens as there have been a lot of applications for them in single family homes for entertaining and home day care use but staff worries about future problems with tenants and second families in the single family homes. He stated that the city attorney provided an outlot" definition that is include. He stated that the city attorney also recommended minor changes to the definition of dwelling unit to clean up the language for single and two family dwellings. He stated that staff recommends a new section to the zoning ordinance for allowing second kitchens in single family districts based on language provided by the City Attorney which requires a document be filed on the title of the property to show that such kitchen is for use by the single family and not a renter or tenant. Commissioner Wilcox asked staff if the changes were proposed in response to real problems. Planner Ondich and Planner Christianson stated that the amendments were in response to some real situations. A motion was made by Wilcox, seconded by Gilman, to move forward with a public hearing for the outlot definition, dwelling unit definition and second kitchen regulations for the zoning ordinance, which passed unanimously (5-0). 7. Miscellaneous A. Task Force on Rental Codes Planner Christianson stated that Mayor Bender appointed a task force to consider the adoption of a rental code for New Prague after residents attended a City Council meeting on November 5, 2007 asking for consideration of such an ordinance. She stated that the task force consists of Lori Hodapp-Betterton, Ann Sletton, Councilor Kay Wilcox, Ron McBroom, Mayor Bender and herself. She stated that the rental code would apply to the Page 6 of 7
7 entire City and much of the conversation to date has centered on the Parish neighborhood and the possible effects of an investor purchasing and renting the homes in that area. She stated that there is a consensus of the task force that rentals within single family neighborhoods should not be prohibited, but that the number of rental units within a specific area should be controlled. She stated that according to Maxfield Research, a Minneapolis based real estate research firm, significant levels of conversions of single family owner occupied homes into large scale rental neighborhoods can have a destabilizing effect on neighborhoods. She stated that the City Council voted at their December 17 th meeting to move forward with researching a rental ordinance and also to appoint some additional members to the task force. B. Review Status of Annexation Petition Doug Pint Planner Christianson stated that the City Council has reviewed the petition for annexation of the land that could include a Wal-Mart Supercenter at two separate meetings. She stated that at the December 17, 2007 Council meeting that an Economic Impact Study and Utility Study were commissioned. C. Cap-X Electric Transmission Line Commissioner Gengel asked about the status of the Cap-X Electric Transmission line that would affect the City. D. Heritage Estates 11 th Addition Commissioners Kratochvil and Remfert asked staff if there was a condition on the approval of Heritage Estates 11 th Addition that lot purchasers had to be notified of the existence of the treatment plant on the north side of 12 th Street NE. Staff stated that they would investigate. 8. Adjournment The meeting was adjourned at 8:55 PM by order of Chair Gengel. Respectfully submitted, Kenneth D. Ondich City Planner Page 7 of 7
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