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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. Approved Planning Commission Minutes February 9, 2000 Page #2 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. Approved Planning Commission Minutes February 9, 2000 Page #3 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. Approved Planning Commission Minutes February 9, 2000 Page #4 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 Approved Planning Commission Minutes February 9, 2000 Page #5 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 Approved Planning Commission Minutes February 9, 2000 Page #6 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. Approved Planning Commission Minutes February 9, 2000 Page #7 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. Approved Planning Commission Minutes February 9, 2000 Page #8 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.