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HomeMy WebLinkAboutPlanning Commission Minutes 01-19-2005Approved Minutes City of Plymouth Planning Commission Meeting January 19, 2005 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, James Holmes, Melissa Musliner, Nancy Franke -Wilson, and Sarah Anderson MEMBERS ABSENT: Commissioner Kendall Griffith STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planner Shawn Drill, Senior Planner Marie Darling, HRA Specialist Tracy Jones, Assistant City Engineer Ross Beckwith, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM Chair Larson expressed her gratitude to Commissioners Kendall Griffith and Melissa Musliner for their time and contribution to the Planning Commission and said they would no longer be serving on the board. 4. APPROVAL OF AGENDA MOTION by Commissioner Weir, seconded by Commissioner Wilson, recommending approval of the January 19, 2005 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE DECEMBER 15, 2004, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval of the December 15, 2004 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes January 19, 2005 Page 2 B. RYLAND HOMES (2004149) MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval of the request by Ryland Homes for a variance to front yard setbacks for Lots 1-6, The Fields of Nanterre Third Addition located at 16231-16251 50th Avenue North. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2004057) Chair Larson introduced the request by the City of Plymouth for a zoning ordinance text amendment to change allowable uses in the C-1 (Convenience Commercial), C-2 Neighborhood Commercial), and C-4 (Community Commercial) districts. Senior Planner Darling gave an overview of the January 13, 2005 staff report. Chair Larson opened the public hearing. Chair Larson introduced Gerry Cochran, 1051 Weston Lane North. Ms. Cochran said Dutton's Bar has been open and they are complying with regulations. She said they haven't been open in the summer yet and she has concerns with traffic, garbage, noise, and the hours of operation. Chair Larson introduced Ellie Koopman, 1170 Weston Lane North. Ms. Koopman said her bedroom is a few feet from the fence and the driveway that goes into the Vicksburg Center where Dutton's Bar is located. She said from where she lives she does not hear the noise from that restaurant. She said restaurants in this zoning district should not be allowed to serve alcohol. She said she would like it to be rezoned. Director Hurlburt said this ordinance change would require restaurants to be further from residential areas. She said if Dutton's Bar was starting from scratch, they would have to be 150 feet from the residential district. She said Dutton's Bar can remain as a non- conforming use. She said if the site is vacant for at least one year then the City could deny a request for a restaurant there. Ms. Koopman said if Dutton's Bar moves out she would rather the site not continue as a restaurant. Director Hurlburt said the use would have to cease for one year before we could enforce that. She said the City is restricted by State law. Chair Larson closed the public hearing. Approved Planning Commission Minutes January 19, 2005 Page 3 Chair Larson asked for clarification of the Zoning Ordinance change and what the impact would be. Senior Planner Darling said this request is not to change the zoning district that the Vicksburg Plaza Shopping Center is located in. She said the C-2 Zoning District is appropriate for the smaller shopping centers. She said the City Council wanted to look at the uses allowed in the C-1 and C-2 districts to potentially remove those generating nuisances. She said the proposed Zoning Ordinance changes are intended to help put more separation between these types of businesses and residential areas. Chair Larson said we are addressing the allowable uses within the zoning districts. Senior Planner Darling said some of these changes would make existing businesses non- conforming. She said the City cannot stop another similar business from locating there unless a space is vacant at least one year. Commissioner Musliner asked if there have been other complaints other than Dutton's Bar. Senior Planner Darling said she was not aware of any others. She said there could be an occasional similar noise complaint but it wouldn't be systemic. Director Hurlburt said we need to treat similar uses in the same fashion. She said the restaurant issue has gotten the most attention. She said there are other uses that have had potential nuisance characteristics. All the uses were looked at to find the best fit. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by the City of Plymouth for a Zoning Ordinance text amendment to change allowable uses in the C-1 (Convenience Commercial), C-2 (Neighborhood Commercial), and C-4 (Community Commercial) districts. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. OPUS NORTHWEST LLC (2004143) Chair Larson introduced the request by Opus Northwest LLC for a site plan amendment to allow a 54,000 square foot building addition and an interim use permit for reduced parking for AGA Medical Corporation, 9700 Schmidt Lake Road. Senior Planner Drill gave an overview of the January 11, 2005 staff report. Chair Larson introduced the applicant, George Spevacek, Opus Northwest. Mr. Spevacek said he had read the staff report and resolution, and agrees with the conditions. Approved Planning Commission Minutes January 19, 2005 Page 4 Chair Larson asked if the employee staff levels are lower than a typical commercial space. Mr. Spevacek responded affirmatively, and noted that part of the building includes large mechanical areas that reduce the space available for employees. Chair Larson asked how many employees there would be in a typical day. Mr. Spevacek said there would be approximately 175-200 employees. Chair Larson asked about the lecture hall and its proposed use. Mr. Spevacek said AGA makes medical devices for heart defects. He said the lecture hall would have a capacity of 100 and would be used for training purposes. Chair Larson opened and closed the public hearing, as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Musliner, to approve the request by Opus Northwest LLC for a site plan amendment to allow a 54,000 square foot building addition and an interim use permit for reduced parking for AGA Medical Corporation, 9700 Schmidt Lake Road. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C. HOLIDAY STATIONSTORES, INC. (2004148) Chair Larson introduced the request by Holiday Stationstores, Inc. for a planned unit development amendment to allow construction of a 1,277 -square foot car wash addition for property located at 2725 Campus Drive. Senior Planner Drill gave an overview of the January 7, 2005 staff report. Commissioner Holmes asked about Condition #15 of the resolution regarding the need to revise the lighting plan. Director Hurlburt said that was the resolution from the original approvals and referenced the lighting requirements from 1997. She said the proposed resolution for this request states the lighting plan must meet the City's current lighting standards. Chair Larson introduced Victor Sacco, Holiday Stationstores. Mr. Sacco said he had read the staff report and resolution, and agrees with the conditions. Chair Larson opened and closed the public hearing, as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the request by Holiday Stationstores, Inc. for a planned unit development amendment to allow construction of a 1,277 -square foot car wash addition for property located at 2725 Campus Drive. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes January 19, 2005 Page 5 D. CITY OF PLYMOUTH (2004151) Chair Larson introduced the request by the City of Plymouth to consider zoning amendments to allow religious institutions in the industrial districts. Senior Planner Drill gave an overview of the January 13, 2005 staff report. Commissioner Weir asked if this was the public hearing for the draft ordinance. Senior Planner Drill answered affirmatively. Commissioner Weir asked if this request was to allow religious institutions in the industrial districts within existing spaces or new buildings. Senior Planner Drill said it could be in existing or new buildings. He said the draft ordinance would limit the use to 20 percent of the building area, so it would be more likely to occur in an existing building under that scenario. Director Hurlburt said that any such zoning amendments could be drafted to allow entire buildings for religious use, or to require a conditional use permit instead of an interim use permit, for example. Senior Planner Drill concurred, stating there are several options for directing staff on this issue, including a recommendation of no change. Commissioner Wilson said she is inclined to do nothing for now and leave the ordinance as it is. Commissioner Musliner asked why allowing churches in the industrial districts raises concerns when parks, trade schools, and accessory daycares could be allowed—which could also result in many people, traffic, etc. Senior Planner Drill responded that parks owned by the City are allowable in almost all areas. Although the City may not develop a park in the industrial districts, the provision also addresses trails and there are some City trails in the industrial areas. He said some larger corporations like Carlson Companies provide an on-site accessory daycare for their employees, which doesn't result in additional trips, but rather provides a service to employees already on the site. He said that trade schools are classified as a different occupancy under the building code than assembly uses such as churches, and that is why trade schools have been allowable. Director Hurlburt said a classroom use is different from an assembly use that could potentially accommodate several hundred people in one room. Commissioner Holmes asked if, under the current zoning regulations, a church wanting to build a new building in an industrial district would have to rezone the land. Director Hurlburt answered affirmatively. Commissioner Holmes said it would be less expensive to occupy an existing structure. He said that it's his understanding that if a church leases space from a landowner, the landowner would be responsible for the property taxes. Approved Planning Commission Minutes January 19, 2005 Page 6 Chair Larson asked what the City Attorney's interpretation was regarding the RLUIPA issue addressed in the report. Director Hurlburt said the full analysis of the Evergreen appeal was attached to the staff report. She said that analysis reflected the City Attorney's input. She said the City Attorney advised staff that he did not feel there are any RLUIPA issues with the ordinance. She said the only remaining issue was some interest from Council members to consider Evergreen's proposed use of an industrial building. She said the staff and Commission were directed to review what it would take to write that into the ordinance, should the City decide to allow churches in industrial districts. Commissioner Weir asked if religious organizations are tax free. Senior Planner Drill said they can apply for tax exemption. Commissioner Weir asked if the City could then lose 20 percent of the tax revenue from an industrial site. Director Hurlburt responded that staff could clarify the possible impact on property taxes with the City Assessor. Commissioner Anderson said she has some concerns with religious institutions being able to locate in the same area as sexually -oriented businesses (SOBs). She said she likes the draft ordinance as it is. Commissioner Wilson said her opinion is to do nothing at this time. She said if only eight percent of the land is industrial, then we should leave well enough alone. Chair Larson said the Commission could open the public hearing, but possibly take additional time to review it and come back to it at a later date. Commissioner Holmes asked if her intention was to open the public hearing and continue the hearing and discussion to the next meeting. Chair Larson answered affirmatively. Chair Larson opened the public hearing. MOTION by Commissioner Holmes, seconded by Commissioner Weir, to continue the public hearing to consider zoning amendments to allow religious institutions in the industrial districts to their February 2, 2005 meeting. Vote. 6 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. REGULATORY POLICIES AND HOUSING AFFORDABILITY Chair Larson introduced the study on the impact of regulatory policies and their effects on housing affordability. Senior Planner Darling and HRA Specialist Jones, gave an overview of the January 11, 2005 staff report. HRA Specialist Jones outlined the seven potential regulatory policy Approved Planning Commission Minutes January 19, 2005 Page 7 changes to encourage housing affordability. Senior Planner Darling gave a summation of each of the seven potential changes; reducing parking requirements for apartments, modification of the 25% impervious surface coverage requirement, allowing alternative water main materials, reducing minimum lot area and width for single-family homes, reducing setbacks, modifying density, and allowing more units per structure. Commissioner Holmes said the report was well done. He asked if any outside agencies had reviewed the report or had any input. Director Hurlburt said the report had not been shared outside of staff until this meeting. Commissioner Wilson asked if that was something that could be done. Director Hurlburt said a lot of the things in the report are specific to Plymouth so it may not be of interest to other agencies. Commissioner Musliner said other agencies may be interested in reviewing the report and having input. Director Hurlburt said one of the ways the options were developed included the feedback we receive from developers when dealing with their projects. Commissioner Weir asked how many affordable units there are in Plymouth. Director Hurlburt said that information wasn't included in this study but we could provide some rough statistics. Commissioner Anderson asked what the vacancy rate of affordable units are. Director Hurlburt said we have information on vacancy rates and that can be provided for review. Commissioner Anderson asked if we took into consideration the decline of the housing market and the possible impact of that. Senior Planner Darling said no, however in the past as the interest rates increased, the prices typically stayed the same. Chair Larson said the study is a great starting point to address these issues. She said she prefers to refer to this as workforce housing rather than affordable housing. She said her own children, who are bordering adulthood, are finding it hard to find affordable housing. She said we live in the Midwest where we have a lot more land and lower density which is what we enjoy here. She said she recommends that the Planning Commission further research this report. Director Hurlburt said the City staff and Planning Commission should consider the report, and eventually make a recommendation to the City Council. She said this can be preparation for our next round of long-range planning. She said the last Comprehensive Plan update had a lot of discussion on density and there was a lot of disagreement. She said it was a tough balancing act to deal with it in a way that was fair. She said this is a start for the discussion. Commissioner Anderson said she would like input on possible environmental impacts. Commissioner Holmes said there are also traffic ramifications. He said every project that comes before us has an increase in traffic. Commissioner Weir asked what the City's goal is for affordable housing. Senior Planner Darling said the City talks to every developer that comes forward with a residential development. She said for rental housing, the goal is 35% and 21% for owner occupied units. Director Hurlburt said that is based on 80% of median income for owner occupied Approved Planning Commission Minutes January 19, 2005 Page 8 and 50% of median income for rental units. She said those numbers are the City's goals that were negotiated with the Metropolitan Council under the Livable Communities Act. Commissioner Holmes asked if that information could be provided for the Commission. Director Hurlburt said we could pull some of that information together to help in further discussion. She said the existing housing plan and a report the City recently received on the demographics of The Reserve could also provide some beneficial statistics. Commissioner Holmes said there may be additional resources through the City of Minneapolis, considering they have been doing this for 20 years, on whether or not the affordable housing remains affordable. Director Hurlburt said we can provide statistics from Plymouth, based on our own experiences. Commissioner Anderson said a comparison with surrounding communities would be helpful. Director Hurlburt said the Metropolitan Council has some excellent comparison statistics. Chair Larson said staff should be given more time to review the changes and requests made by staff. She said the Planning Commission will review the changes by staff and any additional information at the Planning Commission's second meeting in February. 8. ADJOURNMENT MOTION by Chair Larson, with no objections, to adjourn the meeting at 9:05 p.m.