HomeMy WebLinkAboutPlanning Commission Minutes 02-09-2000Approved Minutes
City of Plymouth
Planning Commission Meeting
February 9, 2000
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Bob
Stein, Kapila Bobra, Roger Berkowitz, and Sarah Reinhardt
MEMBERS ABSENT: Commissioner Karl Neset
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Planners Shawn Drill, John Rask and Kendra Lindahl, City
Engineer Dan Faulkner and Office Services Supervisor Denise Hutt
1 Call To Order
2 Public Forum
3 Approval of Agenda
4 Approval of Minutes
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to approve
the January 26, 2000 Planning Commission Minutes. Vote. 6 Ayes. MOTION
approved unanimously.
5 Consent Agenda
A JULIK & ASSOCIATES, INC. (20002)
Chairman Stulberg removed the item from the Consent Agenda as a resident wanted to
speak on the issue.
Chairman Stulberg introduced the request by Julik & Associates, Inc. for a variance to
allow a 27 -foot setback from a railroad where 50 feet is required for Lot 3, Block 3, The
Ponds at Bass Creek 2nd Addition.
Planner Lindahl gave an overview of the February 2, 2000 staff report.
Chairman Stulberg introduced Larry Johnson of 5270 Union Terrace Court. Mr. Johnson
stated that while he has no particular problem with the plan or layout, he would like to
see the proposed house move forward a little bit to be more compatible with the other
homes in the neighborhood and to preserve the wildlife. He stated that he is concerned
that there will be a loss of trees in the back of the lot. Mr. Johnson asked if there will be
a deck or walkout for the house later on.
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Chairman Stulberg asked what the proposed side yard setback is. Planner Lindahl stated
that the proposed side yard setback is 11.2 where 10 feet is required. She added that the
garage is 6.9 feet where 6 feet is required; and the front yard setback is 28 feet where 25
feet is required.
Director Hurlburt asked if there are any buffers that are required as a part of this lot.
Planner Lindahl replied negatively. Director Hurlburt stated that there isn't anything in
the zoning ordinance that requires the owner to preserve the back yard.
Commissioner Reinhardt asked how many other homes along the railroad comply with
the 50 foot setback. Planner Lindahl replied that the homes were built before the zoning
ordinance was changed pertaining to setbacks from the railroad. She said that the
townhomes to the west are built closer to the railroad. Planner Lindahl stated that Mr.
Johnson's home is approximately 58 feet from the railroad.
Commissioner Stoebner wondered if the house could be moved forward a little to reduce
the variance for the back yard setback. Planner Lindahl replied that staff did look at
moving the house forward and other options, including redesign the house to fit without a
variance, but it might not be compatible in size with the surrounding homes in the
neighborhood.
Chairman Stulberg stated that the ordinance was changed to a 50 foot setback from a
railroad due to safety reasons because of a possible derailment.
Director Hurlburt stated that there previously was no setback and no standard to follow.
She stated that the ordinance has caused the problem with this particular lot.
Chairman Stulberg commented that the Public Safety Department reviewed the
application as part of the Development Review Committee process and didn't raise any
concerns. Planner Lindahl stated that the back corner of the home is 8 feet higher than
the railroad tracks.
MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz
recommending approval of a variance to allow a 27 -foot setback from a railroad where 50
feet is required to construct a new single family dwelling. Vote. 6 Ayes. MOTION
approved unanimously.
6 PUBLIC HEARINGS
A QUINWOOD SQUARE, LLC (99125)
Chairman Stulberg introduced the request by Quinwood Square, LLC for a site plan,
conditional use permit and variance for a Culver's restaurant to be located north of Bass
Lake Road and west of Quinwood Lane North.
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Planner Drill gave an overview of the January 18, 2000 staff report.
Commissioner Reinhardt asked if the City has any obligation to notify the City of Maple
Grove or their residents about the proposed application. Planner Drill stated that
surrounding residents in Plymouth and Maple Grove within 500 feet of the site were sent
notices about the proposal and public hearing process. He added that staff also contacted
the City of Maple Grove about the application.
Chairman Stulberg introduced Terry Schneider, representing the applicant.
Mr. Schneider presented pictures of a typical Culver's restaurant. He stated there is a
need for a quality family restaurant in that area of the City.
Commissioner Bobra asked if there would be any parking problems related to the
agreement with the Maple Grove Mall. Mr. Schneider replied that their shouldn't be any
problems. He added that the Maple Grove Mall and the Culver's site are owned by the
same individual, and that this area was laid out under a unified plan with respect to
parking and other elements.
Commissioner Reinhardt asked if the removal of the blue neon band was okay with the
applicant. Mr. Schneider stated that the issue was discussed with staff, and because of
the signage variance request, they looked at some tradeoffs. He added that the neon band
is part of the Culver's trademark and they would prefer it, but were willing to concede in
lieu of the extra wall sign. Planner Drill noted that neon is regulated under the sign
ordinance.
Chairman Stulberg asked Mr. Sparks of 1129 Pecks Woods Drive, New Brighton, the
applicant, if he owned any other Culver's restaurants. Mr. Sparks stated that all of the
stores in the Twin Cities are individually owned and operated, and that this would be his
first. Chairman Stulberg asked Mr. Sparks if he has talked to MN Logos about signage
on the freeway. Mr. Sparks said that he would be talking with them soon.
Commissioner Reinhardt asked if the layout of the drive through where you have to drive
back through the parking lot to exit is a typical layout. Chairman Stulberg stated that it is
typical of Spring Lake Park Culver's restaurant. He noted that their drive-through
operates differently than a typical fast-food restaurant. Mr. Schneider stated that one
reason they don't have an exit near the drive -up window is because it would create a
traffic safety hazard with drivers entering the Conoco site.
Commissioner Stein asked when they plan to open. Mr. Sparks said that they hope to be
operational by mid-July.
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Chairman Stulberg opened and closed the public hearing as there was no one present to
speak.
MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending
approval of a site plan, conditional use permit and variance for Quinwood Square, LLC
for a Culver's Restaurant for property located north of Bass Lake Road and west of
Quinwood Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
B VISION OF GLORY LUTHERAN CHURCH (99130)
Chairman Stulberg introduced the request by Vision of Glory Lutheran Church for a
zoning ordinance text amendment to allow auxiliary religious facilities in the industrial
zoning districts.
Director Hurlburt stated that the public hearing was published, but the applicant wants to
revise the request. She recommended that the public hearing be opened and continued to
the February 23, 2000 Planning Commission Meeting.
Chairman Stulberg opened and continued the public hearing to February 23, 2000.
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz to continue the
public hearing to February 23, 2000. Vote. 6 Ayes. MOTION approved unanimously.
C CITY OF PLYMOUTH (99096)
Chairman Stulberg introduced the request by the City of Plymouth to amend the text of
Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance. The proposed
amendments address both technical (typographical errors, etc.) and substantive changes
regarding Definitions; Site Plan Review; Non -conforming Buildings, Structures, Uses
and Lots; General Building Performance Standards; Accessory Buildings Uses and
Equipment; Fencing/Screen/Landscaping Regulations; Off -Street Parking and
Landscaping; Home Occupations; Day Care Facilities; Signs; Land Fill and Grading
Operations; FRD District; RMF -1 District; RMF -2 District; O -R District; C -C District;
and PUD District.
Planner Rask gave an overview of the February 3, 2000 staff report.
Commissioner Reinhardt asked if businesses need to be notified about the proposed
lighting standards. Planner Rask replied that there will be an education process
associated with the changes. He stated that staff will publish an article in the City
Newsletter. Planner Rask stated that there will be a site plan review process to replace
exterior lighting. Most of these reviews would be processed administratively by staff
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Commissioner Bobra asked if there will be requests for signs larger than 100 square feet.
Planner Rask stated that the change will not eliminate all of the variance requests, but it
should help cut down on the number of requests. Planner Rask stated that the 100 square
foot sign is more common in the sign industry today.
Commissioner Stein asked if there are any lighting requirements for single family homes.
Planner Rask replied negatively. He said it would be very difficult to regulate exterior
lighting on single family homes.
Commissioner Stein asked where the side yard is on a typical single family lot. Planner
Rask responded that they are those yards perpendicular to the front yard. He added that
anything between the building and the street would be the front yard.
Commissioner Reinhardt asked we were too limiting on outside storage of building
materials. Planner Rask responded that there is greater flexibility for longer storage when
you have a building permit. Director Hurlburt stated that as long as you are doing
something and making progress, the permit wouldn't expire. Planning Supervisor
Senness stated that staff has examples from the housing inspector of people are collectors
of building materials.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Bobra, seconded by Commissioner Stoebner recommending
approval of an ordinance amending the text of Chapter 21 of the Plymouth City Code, the
Plymouth Zoning Ordinance. Roll Call Vote. 6 Ayes. MOTION approved
unanimously.
D CITY OF PLYMOUTH (99115)
Chairman Stulberg introduced the request by the City of Plymouth to amend the text of
Chapter 21 of Plymouth Zoning Ordinance regarding the placement of wireless
communication antennas and use of public rights-of-way.
Planner Rask gave an overview of the February 4, 2000 staff report.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Steve Roell of 5915 Dunkirk Lane North. Mr. Roell
presented a photograph of a tower and ground equipment that was installed by U.S. West
across the street from his home. He stated that he was concerned how the tower was
handled by U.S. West since it was almost up and operational before they even had a
permit from the City. Mr. Roell said that the unit is too close to the road and there won't
be enough room for landscaping trees to be put around the unit. He said that the unit
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looks like two refrigerators side-by-side. Mr. Roell asked what good a new ordinance
would be when users don't honor the existing ordinance. Mr. Roell stated that this kind
of a tower shouldn't be in a residential area until all other avenues have been exhausted.
Mr. Roell stated that the tower has a cooling unit which runs around the clock and has a
constant hum. He said that there should be some kind of noise regulation in the
ordinance prohibiting the noise. Mr. Roell commented that he didn't know if there was
any cause to worry about potential health hazards. Mr. Roell stated that there should be
landscaping requirements included in the ordinance, greater setbacks from residential
areas and property owners should be notified.
Chairman Stulberg closed the public hearing.
Planner Rask stated that the current noise standards would apply to the equipment.
Planner Rask said that part of the reason staff recommended a 50 foot setback was
because of potential noise impacts. Director Hurlburt stated that she also visited the site,
and that the noise probably wouldn't violate the noise ordinance.
Commissioner Berkowitz asked if noise is measured at the property line. Director
Hurlburt stated that the noise is measured from the receiving point, not at the property
line.
Planner Rask stated that residential districts would be the last choice in the proposed
ordinance change, and that applicants would first need to look for sites in either industrial
or commercial districts.
Chairman Stulberg stated that health hazard would not be covered by the ordinance.
Planner Rask said that the Federal Telecommunication Act states that cities may not
regulate personal wireless services "on the basis of the environmental effects of radio
frequency emission to the extent that such facilities comply with the (FCC's) regulations
concerning such emissions." He stated that the data on this type of antenna indicates that
there is not a health concern because of the low power output.
Chairman Stulberg stated that the ordinance recommends that the ground equipment can't
be over 20 square feet in size.
Chairman Stulberg asked what is being done about the landscaping for the unit near Mr.
Roell's property. Planner Rask replied that in this case staff is working with U.S. West to
provide screening. He said that in general, landscaping can't be in the right-of-way.
Chairman Stulberg asked about the permit status for U. S. West. Planner Rask stated that
U.S. West has their permits now, and has entered into an encroachment agreement with
the City. Planner Rask stated that with the change in state and federal regulations, the
City has lost a lot of discretion.
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Chairman Stulberg asked if the new ordinance would be sent to the eight service
providers. Planner Rask stated that the providers are already aware of the proposed
ordinance amendment.
Director Hurlburt asked if the process would have been different if the new ordinance
was in place before the installation of the unit near the Roell property. Planner Rask
stated that the units may not comply with the size limits, but probably would have
complied with the remainder of the standards.
Commissioner Reinhardt asked when they would need a conditional use permit. Planner
Rask explained that if the applicant meets all standards, the request would be
administratively approved. He said that if the ground equipment exceeds a certain size, a
conditional use permit would be required.
Director Hurlburt stated that some of the providers are talking about many more sites,
and it would be an administrative burden to require a conditional use permit when it is in
the right-of-way. Chairman Stulberg stated that the bottom line is that we can't control it.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner
recommending approval of an ordinance amending the Plymouth City Code, by
amending Chapter 21 (Antenna Regulations and Public Property/Rights-of-Way). Roll
Call Vote. 6 Ayes. MOTION approved unanimously.
7 NEW BUSINESS
Director Hurlburt stated that the April 19 Planning Commission Meeting needs to be
rescheduled because of a religious holiday. She told the Commissioners to check their
calendars to see if April 12 or April 26 would be best and let Denise know.
A APPOINTMENT OF OFFICERS
MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt
recommending Mike Stulberg for Chairman. Vote. 6 Ayes. MOTION approved
unanimously.
MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending
John Stoebner for Vice -Chairman. Vote. 6 Ayes. MOTION approved unanimously.
Chairman Stulberg said the Commission will wait until their February 23 meeting to
appoint a commissioner to the Park and Recreation Advisory Committee.
Chairman Stulberg reminded the Commissioners of the joint meeting on Saturday,
February 12.
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Commissioner Stoebner stated that he may not be at the February 23 Planning
Commission Meeting.
MOTION by Commissioner Stein, seconded by Commissioner Berkowitz to adjourn.
Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 9:00
p.m.