HomeMy WebLinkAboutPlanning Commission Minutes 06-21-20231
Approved Minutes June 21, 2023
Approved Minutes
Planning Commission Meeting
June 21, 2023
Chair Boo called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 21, 2023.
COMMISSIONERS PRESENT: Chair Michael Boo, Bill Wixon, Marc Anderson, Julie Olson,
Neha Markanda, Jennifer Jerulle, and Josh Fowler
COMMISSIONERS ABSENT: Neha Markanda
STAFF PRESENT: Planning and Development Manager Chloe McGuire, Senior Planner Lori
Sommers, Senior Planner Shawn Drill, Senior Planner Kip Berglund, Community and Economic
Development Director Grant Fernelius, Engineering Services Manager Chris McKenzie, and
Planning Intern Rachel Jeske
Chair Boo led the Pledge of Allegiance.
Call to Order
Open Forum
Approval of Agenda
Motion was made by Commissioner Wixon and seconded by Commissioner Fowler to approve the
agenda. With all Commissioners voting in favor, the motion carried.
Consent Agenda
(4.1) Planning Commission minutes from meeting held on June 7, 2023.
(4.2) Variance to allow an encroachment into the required tributary stream setback for a
rear yard addition located at 15610 55th Avenue (Purdue - 2023028)
Motion was made by Commissioner Fowler and seconded by Commissioner Jerulle to approve the
consent agenda. With all Commissioners voting in favor, the motion carried.
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Public Hearings
(5.1) Conditional use permit request by APV Automotive, LLC for indoor limited motor
vehicle sales within the existing industrial building located at 15020 27th Avenue
(2023026)
Senior Planner Drill presented the staff report.
Commissioner Anderson noted a limit of no more than five vehicles for sale within the draft
resolution and asked if that would address storage.
Senior Planner Drill confirmed that number is all encompassing, and all vehicles would need to
be inside. He noted that the license the business would have the same limit of five vehicles. He
confirmed that language could be added to clarify that.
Chair Boo asked and received confirmation that the sign would be governed by the sign
regulations.
Commissioner Jerulle asked if this would apply only to the northern portion of the building.
Senior Planner Drill replied that the business can only have five vehicles, therefore they would
not need additional space. He noted that any changes to the CUP would require the applicant to
amend the conditional use permit approval.
Commissioner Wixon asked how the five-car restriction would be monitored over time.
Senior Planner Drill replied that is managed through the state licensing.
Chair Boo introduced Dennis Bilenko, representing the applicant who stated that they were
present to address any questions.
Commissioner Anderson asked the type of vehicles the applicant is planning to sell.
Mr. Bilenko provided some of his experience selling vehicles and with construction. He stated
that they are planning to sell passenger-type vehicles, mostly sedans.
Chair Boo opened the public hearing.
No one from the public wished to speak on the matter.
Chair Boo closed the public hearing.
Motion was made by Commissioner Jerulle and seconded by Commissioner Anderson to
recommend approval of the draft resolution approving the conditional use permit for APV
Automotive, LLC for the property located at 15020 27th Avenue, with the additional clarifying
language to specify only five vehicles to be stored on the site in total. With all Commissioners
voting in favor, the motion carried.
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(5.2) Conditional use permit to allow indoor commercial recreation use in the I-1 (light
industrial) zoning district located at 3500 Holly Lane (Plymouth Wayzata Fusion
Soccer Club - 2023025)
Senior Planner Sommers presented the staff report.
Commissioner Wixon asked the present use of the space.
Senior Planner Sommers replied that the space is currently vacant.
Commissioner Jerulle asked if there has been discussion about not allowing a right turn out onto
Rockford.
Senior Planner Sommers replied that has been discussed and if there is concern that arises, the
CUP would allow the city to close the right out.
Chair Boo introduced Jeff Josephs, representing Plymouth Wayzata Fusion Soccer Club, who
stated that they are excited about the opportunity and believe that this indoor training facility will
be great for the kids. He noted that the clients from their business will most likely also benefit the
other retail businesses in the area.
Chair Boo introduced Brian Parham, representing Plymouth Wayzata Fusion Soccer Club, who
stated that he is the President of the club, and they appreciate the support of the commission in
developing this project.
Commissioner Jerulle asked the number of kids in the program.
Mr. Parham replied that there are just under 5,000 kids in the program.
Commissioner Wixon asked the anticipated timeline for construction.
Mr. Josephs replied that they believe construction would take about 60 days.
Chair Boo opened the public hearing.
No comments.
Chair Boo closed the public hearing.
Motion was made by Commissioner Anderson and seconded by Commissioner Olson to
recommend approval of the draft resolution approving the conditional use permit for the
Plymouth Wayzata Fusion Soccer Club for the property located at 3500 Holly Lane. With all
Commissioners voting in favor, the motion carried.
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(5.3) Request by Thielen & Green P.A., for approval of a site plan amendment, conditional
use permit, and variances to allow construction of a of a new motor fuel
station/convenience store with prepared food, with attached accessory car wash, and
related site improvements in the C-3 (highway commercial) zoning district for the property
located at 9605 36th Avenue (Thielen & Green P.A. - 2023009)
Senior Planner Berglund presented the staff report.
Chair Boo asked if the bypass lane variance is acceptable to staff because the bypass lane is not a
safety requirement in this instance.
Senior Planner Berglund replied that the fire division has reviewed this application and the
bypass would not be needed to meet fire requirements.
Chair Boo asked if the Kilmer Lane plan is approved in the sense that this is on the agenda of
the city and the property to the west has been acquired or whether additional steps would still be
necessary.
Engineering Services Manager McKenzie replied that the city owns the property that the
building is on, and demolition is planned within the next six to nine months with the 36th Avenue
reconstruction planned for 2025.
Chair Boo asked if the developer would be required to install the extensions across city land.
Engineering Services Manager McKenzie replied that if the project is constructed relatively
soon, they would connect to the existing Kilmer Lane, and the city would install the appropriate
extensions with the road project.
Commissioner Jerulle asked if it would make sense to approve this after that project
is completed.
Engineering Services Manager McKenzie replied that the projects should be considered
independently.
Commissioner Olson commented that she was a little confused on how access would be provided
and whether Kilmer Lane is currently being used.
Senior Planner Berglund replied that both entrances are currently being used for the property. He
noted that the city and MnDOT would like to see the entrance along 36th eliminated because of
the proximity to the highway ramps.
Chair Boo introduced Chris Thielen, representing the applicant, who stated that the current
convenience/gas station is in need of upgrades, and they are excited to provide those. He stated
that they did review the 36th Avenue entrance extensively but agree with staff and MnDOT that
should be eliminated with access provided along Kilmer.
Commissioner Wixon asked if there is a stoplight planned for Kilmer in the future.
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Engineering Services Manager McKenzie replied that the 36th Avenue corridor has recently
closed the public comment period. He stated that no solutions have been determined as they are
still in the planning and evaluation process.
Chair Boo opened the public hearing.
No comments.
Chair Boo closed the public hearing.
Commissioner Anderson stated that he does not oppose the variances as the site is constrained by
its narrow dimension.
Commissioner Wixon commented that he also supports the variances but asked if the students in
the area were considered at all in this request.
Chair Boo commented that he would assume that the city will review traffic patterns and
appropriate controls during the 36th Avenue corridor plan.
Engineering Services Manager McKenzie confirmed that all stakeholders in the corridor have
been solicited for input, including pedestrian and bicycle traffic.
Motion was made by Commissioner Fowler and seconded by Commissioner Wixon to
recommend approval of the draft resolution approving the site plan amendment, conditional use
permit, and variances for construction of a new fuel station/convenience store, located at 9605
36th Avenue, subject to the conditions outlined in the draft resolution. With all
Commissioners voting in favor, the motion carried.
(5.4) Request by Leo A Daly, on account of Hennepin County Facility Services, for
approval of a site plan amendment, conditional use permits and variances to allow the
construction of a 100,000 square-foot Hennepin County Sheriff’s Office Public Safety
Services Division building and related site improvements, for the property located at
1145 Shenandoah Lane (Leo A Daly on account of Hennepin County Facility
Services - 2023015)
Senior Planner Berglund presented the staff report.
Commissioner Anderson stated that in the past they have seen a number of requests for variances
within the shoreland overlay district but believed that this is the first time they are seeing
calculations related to BMPs to offset that.
Senior Planner Berglund commented that it was previously not a requirement to have a BMP to
offset additional impervious, but it is now a requirement. He commented that the applicant has
gone above and beyond that requirement in the proposed plans.
Chair Boo asked the anticipated traffic coming and going from this facility.
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Senior Planner Berglund replied that the applicant has described the use of this building as a
location to house the fleet. He stated that employees would arrive in their personal vehicles and
then leave in the fleet vehicles for the day. He commented that this would not be a dispatch
center with emergency vehicles consistently leaving.
Engineering Services Manager McKenzie replied that this would not add significantly more
vehicles and the roadway can support the additional traffic. He commented that the vehicles
would leave the site without lights and sirens and go to their assigned location within the county.
Chair Boo asked where this service is currently being provided.
Senior Planner Berglund replied that the current facility is in Brooklyn Park.
Chair Boo commented that he is very concerned with the lighting as this facility is within a
neighborhood. He commented that while he fully supports the approach, lighting would impose
on neighbors.
Chair Boo introduced Matthew Keenan, representing the applicant, who stated that the
facility currently being used was meant to be temporary and is aging and being outgrown.
She stated that they are looking to create an improved space that provides safety and security to
employees and patrons. She stated that they felt that it would be appropriate to place this facility
on the site to keep it under the umbrella of the Sheriff’s Department campus as the dispatch is
already located on this site.
Mr. Keenan commented that they have given a lot of consideration towards lighting and that is
why the building is placed closer to the lake. He noted that there are also trees along the street
that provide a buffer. He commented that they did not believe that the light would impede past
the site.
The applicant commented that Hennepin County has adopted a climate action plan and
would be implementing many of those elements into this project. She commented that this
will be a catalyst for their future buildings.
Commissioner Fowler appreciated going above and beyond and asked if there has been any
consideration with doing the same in terms of lighting. He asked if they have looked to offset
the light on the neighbors, park and lake by reducing the lighting or footcandles.
Mr. Keenan replied that the majority of the lights are full cut off, with the exception of the up
light for the flag and near the entrance. He stated that the numbers of lights is necessary for
safety and to ensure the cameras onsite will function properly. He noted that the majority of the
site lighting is behind the building and there is a substantial grade difference on the site. He
commented that they feel that they have mitigated that factor to ensure it would not be obtrusive
to others.
Commissioner Jerulle thanked Hennepin County and the Sheriff’s Office for the services they
provide. She commented that there are a lot of residential homes in that area and asked the
recourse should that facility be a target.
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Mr. Keenan commented that they did take that into consideration and extended the existing
secure perimeter, with multiple ways to get in and out. He commented that they have done a lot
to ensure it would not become a bunker situation.
The applicant also noted that they also used thoughtful design to ensure the facility is secure.
Commissioner Jerulle asked who would be the back up if the bunker scenario were to occur.
Mr. Keenan explained that the majority of the staff for this building are out in the field with only
one or two dozen staff people in the building. He stated that if the bunker situation were to
occur, the vehicles would return to the location to provide assistance and that they also have
other facilities, this would not be the only one. She explained how they plan to reuse the
Brooklyn Park site.
Chair Boo noted that the public hearing was opened at the last meeting and continues to be open,
should anyone from the public wish to make comment.
No comments.
Chair Boo closed the public hearing.
Commissioner Anderson commented that he sees good choices being made by the county in
terms of a new building and appreciated the BMPs that go above and beyond what is required by
the shoreland overlay district. He commented that the variances make sense considering the use
of the facility. He commended the architect and/or staff for the color-coded drawings as that
made it easier to understand.
Chair Boo commented that the community should be willing to accept these types of uses within
the community and the county has been a good neighbor in this location. He stated that after the
comments tonight he feels more comfortable with some elements such as the fencing and
lighting. He noted that the lack of speakers from the community shows that the county has been
a good neighbor.
Motion was made by Commissioner Anderson and seconded by Commissioner Olson to
recommend approval of the draft resolution approving the site plan amendment, conditional use
permits, and variances for construction of the Hennepin County Sheriff’s Office Headquarters,
located at 1145 Shenandoah Lane, subject to the conditions outlined in the draft resolution. With
all Commissioners voting in favor, the motion carried.
(5.5) Discuss zoning ordinance text amendment to amend beekeeping regulations
(2023036)
Planning and Development Manager McGuire presented the staff report.
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Chair Boo asked if there is concern with the setback of ten feet and whether that would be too
close to neighbors. He asked where the four-to-eight-foot sign would be located and also asked
for details on the allowed 12-foot height for the apiaries.
Planning and Development Manager McGuire replied that the setback was one of the biggest
questions under the first review. She stated that the ten-foot setback was recommended in review
of ordinances used by other cities. She commented that staff feels that ten feet is sufficient as
when added to the structure setback that would still provide 35 feet. She stated that the signs are
recommended to alert others about beekeeping but there are not specifics about where the sign
should be placed. She stated that the sign location would be determined during the permit
process. She stated that the city allows ten to 15 feet for detached buildings and therefore they
chose 12 feet seemed reasonable.
Commissioner Anderson asked if bees would be upset with lawnmowing and attack the mower.
He noted that could lead to someone not mowing to create more pollinator habitat which would
go against the city ordinance.
Planning and Development Manager McGuire replied that the code does allow a natural
preserve, therefore if someone wanted to let their yard go native, they could work with staff to do
so.
Chair Boo introduced Jenny Warner, 216 Sheridan Avenue S in Minneapolis, commented that she
has been keeping bees for a long time in many different areas, including residential areas. She
commented that there are different levels of concern with beekeeping. She commented that she
has never seen a 12-foot hive and typically range from three to five feet high. She commented
that there is a lot of fear of bees, but generally the only people stung by honeybees are the
beekeepers. She commented that neighbors often do not see the bees as they prefer massive
areas of flowers or blooms rather than choosing potted plants. She stated that mowing can be an
issue but only if mowing directly around the hive. She commented that heavy construction
vibration can be upsetting to bees. She also provided input on the flight path.
Commissioner Wixon asked if the hive could be moved with the bees inside.
Ms. Warner confirmed that the hives can be moved with the bees inside.
Commissioner Wixon asked the number of bees in a typical hive.
Ms. Warner replied that it would depend on the time of the year and size of the hive, noting that a
hive could reach 40,000.
Commissioner Fowler asked if the maximum of two hives is reasonable.
Ms. Warner replied that is a low number. She explained how hives reproduce, dividing in half
which typically occurs in the spring. She noted that following winter, hives would need to be
divided. She commented that if people are successful, it may be difficult to limit to two, but it
can be done.
Commissioner Fowler asked how a maximum of two hives was decided.
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Ms. Warner commented that many cities have chosen that same limit because it keeps it small.
Commissioner Fowler asked how a request would be analyzed if a neighbor were to object to a
request.
Planning and Development Manager McGuire stated that there would be specific findings,
similar to a home occupation review.
Chair Boo opened the public hearing.
No comments.
Chair Boo closed the public hearing.
Commissioner Anderson commented that he was glad to see this resurface with the changes and
supports this as he has previously raised bees. He commented that he is glad to see the
requirement of a course on beekeeping in the northern climate.
Commissioner Wixon commented that he supports the request although he is not well versed in
bees.
Chair Boo commented that the height seems unnecessary and attracts more questions than it
deserves. He suggested changing the height limit to eight feet. He agreed that the signage
location should be handled administratively but should be public facing. He was unsure that
there be a requirement for a pollinator garden as that would burden people with a requirement
that is not necessary for a successful hive. He commented that two hives seem like an easy start
and liked that there are beekeeping communities that people could reach out to.
Motion was made by Commissioner Boo and seconded by Commissioner Anderson to
recommend approval of the resolution as drafted with the following changes: the hive shall have
a maximum height of eight feet, signage shall be oriented towards the public, and the
requirement for a garden be removed.
Further discussion: Commissioner Fowler suggested that the signage face the nearest property
line as opposed to towards the public.
Chair Boo commented that the nearest property line could be the woods and therefore his
language would provide staff with discretion.
With all Commissioners voting in favor, the motion carried.
(5.6) Discuss zoning ordinance text amendment to amend accessory dwelling unit (ADU)
regulations (2023030)
Planning and Development Manager McGuire presented the staff report.
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Commissioner Jerulle asked which cities were used to review for comparison.
Planning and Development Manager McGuire replied that instead of going to one city as a
model, staff worked off the current ordinance to amend it rather than restarting. She stated that
they then looked to other cities to review their ordinances or determine if there have been any
complaints. She stated that the majority of the additions were related to the fire and building
code.
Commissioner Jerulle stated that in reviewing the provisions of other cities she liked the
additional regulation related to rentals.
Chair Boo opened the public hearing.
No comments.
Chair Boo closed the public hearing.
Chair Boo commented that the ordinance is a pretty good step away from the existing ordinance
as it would allow for rental to anyone provided it is not a short-term lease.
Commissioner Fowler commented that limiting to only renting to someone in their family would
be too limiting. He noted that an ADU could be used to house a caretaker for the property owner
and/or property.
Commissioner Olson agreed, noting that there are all kinds of families and people have different
needs. She commented that she is concerned that the property could be 75 percent the size of the
existing structure.
Planning and Development Manager McGuire commented that the ADU could be 1,000 square
feet, or not bigger than the existing home. She noted that the 1,000 square feet would be the
maximum in most cases.
Commissioner Olson commented that if the ADU does not fit into the lot she would not support a
variance in the shoreland overlay district.
Commissioner Wixon commented that he also believes that the ADU should not be limited to
relatives. He provided a scenario in which his father required 24-hour care from someone that
was not related.
Commissioner Olson asked if an ADU would need to have a separate entrance.
Planning and Development Manager McGuire replied that if the unit can be accessed by the front
door of the home, it would not be considered an ADU.
Commissioner Wixon asked what happens after the initial application is approved, specifically
whether there is any follow up when occupancy changes.
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Planning and Development Manager McGuire replied that if the ADU were being rented, it
would require a rental license.
Commissioner Jerulle used the scenario that someone is receiving hospice care and the caretaker
is staying in the ADU. She asked if that would be considered a short-term lease.
Planning and Development Manager McGuire replied that she did not believe that would be an
issue as there would not be a lease in place and it would not be rented. She noted that she would
follow up with the building official.
Chair Boo commented that someone has to be committed to building a new building on their site.
He stated that if the desire were to provide space for a temporary healthcare worker, someone
would not build a new building.
Commissioner Fowler commented that he still questions the parking requirement. He noted that
there are many situations were an elderly parent may occupy the ADU and may not require
parking. He commented that it would seem that requiring two additional parking spaces may
eliminate the ability for a property to qualify for an ADU. He asked if that would be part of the
application process and if the unit were to be rented in the future the parking requirement could
be triggered.
Planning and Development Manager McGuire commented that they could change that to
adequate parking. She noted that if parking issues were to arise, parking could be required to be
added.
Chair Boo noted that the city does not allow parking on the street overnight, therefore parking
would need to be addressed onsite and it would make sense to administratively review the
parking.
Motion was made by Chair Boo and seconded by Commissioner Jerulle to recommend approval
of the zoning text amendment to amend accessory dwelling unit regulations with the
addition that no variances for impervious surface shall be considered and that the parking
requirement shall be removed and reviewed administratively. With all Commissioners voting in
favor, the motion carried.
Adjournment
Chair Boo adjourned the meeting at 9:09 p.m.