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HomeMy WebLinkAboutPlanning Commission Minutes 04-14-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES APRIL 14, 1998 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Kim Koehnen, Allen Ribbe, Jeff Thompson (arrived at 7:03 p.m.), Roger Berkowitz, and Bob Stein MEMBERS ABSENT: Commissioner John Stoebner STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners John Rask, Kendra Lindahl, and Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Stein, seconded by Commissioner Ribbe to approve the March 10, 1998 and March 17, 1998 Planning Commission Minutes. Vote. 5 Ayes. 5. CONSENT AGENDA: A. RICHARD GRIMES (98015) Chairman Stulberg introduced the request by Richard Grimes for Variances for impervious surface coverage and building setback to allow construction of a three -season porch and deck at 1507 West Medicine Lake Drive. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson to approve the Variance request for Richard Grimes C/O Randy Olson for property located at 1507 West Medicine Lake Drive. Vote. 5 Ayes. MOTION approved unanimously. B. CITY OF PLYMOUTH PARKS DEPARTMENT (98038) Chairman Stulberg introduced the request by the City of Plymouth Parks Department for a Site Plan Amendment to add a 32 foot by 40 foot wooden storage shed on the Elm Creek Playfield site located at 4905 Peony Lane North. APPROVED Planning Commission Minutes April 14, 1998 Page #66 MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for the City of Plymouth for the construction of an accessory building at the Elm Creek Playfield located west of Peony Lane and north of the Soo Line Railroad at 4905 Peony Lane. Vote. 6 Ayes. MOTION approved unanimously. C. INSPEC, INC. (98050) Chairman Stulberg introduced the request by Inspec, Inc. for a Site Plan Amendment for the addition of a 30 -stall parking lot expansion at Zachary Lane Elementary School located at 4350 Zachary Lane North. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for Zachary Lane Elementary School at 4350 Zachary Lane North. Vote. 6 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: A. SVK DEVELOPMENT, INC. (98026) Chairman Stulberg introduced the request by SVK Development, Inc. for an Interim Use Permit to place approximately 40,000 cubic yards of clean fill material on property located south of Highway 55 and east of Urbandale Court. Planner Rask gave an overview of the April 8, 1998 staff report. Chairman Stulberg introduced Dick Curry, the applicant. Mr. Curry stated that he concurred with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Patty Berck of 4405 Urbandale Court. Ms. Berck commented that her questions were answered in the staff presentation. Chairman Stulberg introduced Bob Hughes of 17825 County Road 24. Mr. Hughes stated that he owns the driving range to the south, and there is already water coming from Urbandale Court and the south side of Medina Road. He asked where the ditches are on the site. Mr. Hughes commented that he has no objection to the fill, other than the additional water run-off that it could cause. Chairman Stulberg introduced Terri Moerkeltiniker of 18305 Highway 55. Ms. Moerkeltiniker asked what the plan is for future development. She said that if townhomes are being proposed, it would increase traffic and change their lifestyle. APPROVED Planning Commission Minutes April 14, 1998 Page #67 Chairman Stulberg introduced Reverend John Holst of 4420 Urbandale Court. Reverend Holst asked how the neighborhood would be affected by heavy truck hauling, and what the time period would be that the hauling would take place. Chairman Stulberg introduced Cynthia Pannier of 4410 Urbandale Court. Ms. Pannier asked how the hauling of fill will impact their relatively quiet neighborhood. Ms. Pannier want to know how long the fill will be on the site. Chairman Stulberg closed the public hearing. Planner Rask stated that he doesn't anticipate any drainage problems caused by the fill, as the drainage patterns will remain unchanged and there will be no additional impervious surface on the site. He said if the site gets developed, then storm water retention would be required. Mr. Curry stated that they have not submitted any development plans to the City. He stated that they are anticipating a townhouse project similar to the Rottlund development north of Highway 55, but the density would be less and the homes would be bigger and more expensive. Mr. Curry stated that there is only one place to bring fill into the site, and that is the curb cut off of Highway 55 to Urbandale Court, which crosses by one home site. Mr. Curry commented that the fill would be brought in during normal working hours 7:00 a.m. to 7:00 p.m., six days a week). Mr. Curry said that some of the fill will come from a City project on Vicksburg Lane and various other sites in Plymouth. He anticipated that the hauling of fill will be completed by the end of the year. Planner Rask stated that there are conditions in the resolution requiring street cleaning as necessary to remove dirt and dust. Planner Rask stated that the property is guided LA -2 which allows for three to six units per acre. The site is zoned FRD, and a development request would have to include rezoning to allow townhome development. Planner Rask stated that at the time an application is received, a notice would be sent to property owners within 750 feet of the proposed site informing them of the proposed development. Commissioner Koehnen asked if the trucks would be going through the neighborhood on the frontage road marked dead-end. Planner Rask replied affirmatively, and said that the trucks would pass by one lot. He stated that once an application for development is received, other alternative access points to the site would have to be looked at. Director Hurlburt asked the applicant when they propose to start hauling, and how many truckloads it would take to haul the 40,000 cubic yards of fill. Mr. Curry replied that they would begin in June and anticipate completion by November lgt. He said that most trucks haul 12 to 15 cubic yards of dirt, so that would equal approximately 3,000 trips. APPROVED Planning Commission Minutes April 14, 1998 Page #68 City Engineer Faulkner asked what project the applicant was referring to on Vicksburg Lane. Mr. Curry responded that he didn't know exactly where, just that it is a City project. Commissioner Berkowitz asked if the trucks hauling fill are owned by the applicant or other companies. Mr. Curry stated that most of the trucks would be their own, but some will be City of Minneapolis trucks. He said that they post signs for the routes and violators will be tagged and cited. Commissioner Berkowitz asked who residents would contact at City Hall if they have a concern with the truck traffic, and what would be their recourse. Director Hurlburt stated that if the trucks are violating the law, such as speeding or hauling when they are not supposed to, they would call the Public Safety Department. She said if the trucks are dropping dirt on the street, they would call the Engineering Department. City Engineer Faulkner suggested that the hours of operation in the resolution be revised to limit hauling on Saturdays from 8:00 a.m. to 6:00 p.m., as people tend to be home more on the weekends and it is more disruptive to the neighborhood. MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending approval of a an Interim Use Permit for SVK Development for property located south of Highway 55 and east of Urbandale Court. MOTION to Amend by Commissioner Koehnen, seconded by Commissioner Thompson to revise Condition #6 stating that the hours of operation for Saturdays be restricted to 8:00 a.m. to 6:00 p.m. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved unanimously. Roll Call Vote on Main MOTION. 6 Ayes. MOTION approved unanimously. B. CALIBER DEVELOPMENT CORPORATION (98039) Chairman Stulberg introduced the request by Caliber Development Corporation for a Conditional Use Permit to increase the allowable office use from 49 percent to 75 percent for Parkers Lake Pointe East Business Centre, to be located southeast of Xenium Lane and 10th Avenue. Planner Drill gave an overview of the March 30, 1998 staff report. APPROVED Planning Commission Minutes April 14, 1998 Page #69 Chairman Stulberg introduced Greg DuMonceaux, representing the petitioner. Mr. DuMonceaux stated that he concurred with the staff report and the conditions listed in the resolution. Chairman Stulberg opened and closed the public hearing, as there was no one present to speak. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to approve a Conditional Use Permit for Caliber Development Corporation for property located southeast of 10th Avenue and Xenium Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C. UNTIEDTS VEGETABLE FARM (98040) Chairman Stulberg introduced the request by Untiedts Vegetable Farm for an Interim Use Permit to sell flowers and operate an outdoor produce stand from May to October at 1455 County Road 101. Planner Rask gave an overview of the April 9, 1998 staff report. Planner Rask stated that he suggests the Commission consider a request by the applicant to amend Condition #6 of the approving resolution modifying the hours of operation to reflect 9:00 a.m. to 9:00 p.m. He stated that staff is agreeable to the request, as it normally stays light until approximately 9:00 p.m. in the summer; however, during the months of September and October they would like to stay open past daylight hours to sell pumpkins. Planner Rask noted that there is currently adequate lighting on the site. Commissioner Stein asked if the applicant would have to come back each year for an Interim Use Permit. Planner Rask replied that the way it is right now, the applicant would have to come back next year, and if there have not been any problems or complaints, the Commission could extend the permit for an additional two to three years. Planner Rask stated that if the tenant space becomes occupied, staff would want to take another look at the parking situation. Commissioner Koehnen asked what was approved by the Commission a couple of weeks ago. Planner Rask stated that the zoning ordinance text amendment approved by the Planning Commission and adopted by the City Council on April 1, 1998 allows this type of business with approval of an Interim Use Permit. Chairman Stulberg introduced Bill Griffith, representing the petitioner. Mr. Griffith stated that Untiedts operates at 24 locations, including the Minneapolis Farmers Market and Knollwood Mall. He presented pictures of their operation. Mr. Griffith said that the greenhouse sells fresh flowers in the spring, fruits and vegetables during the summer months, and pumpkins, squash, mums and other fall flowers in the fall. Mr. Griffith said APPROVED Planning Commission Minutes April 14, 1998 Page #70 that Untiedts becomes a tenant for a shopping center, in the sense that it generates traffic and business to a shopping center. Mr. Griffith commented that their business is well received by the public, and it satisfies the criteria that was adopted by the City Council Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated April 9, 1998 from Steve Erickson of Innsbruck Investments, Inc. Chairman Stulberg introduced Steve Erickson of 6115 Berkshire Lane. Mr. Erickson stated that they own the supermarket across the street from the proposed business location. Mr. Erickson commented that he is a strong advocate of family and small business, and he certainly respects what Untiedt's is trying to do. Mr. Erickson said that he is concerned with the length of time that they would be able to operate. The opportunity that Untiedt's has is a concern of fairness. Mr. Erickson stated that other business enterprises invest in properties that pay substantial real estate taxes. Those taxable business properties are in place to serve the needs of the public all year long. Mr. Erickson stated that Untiedt's start up costs only amount to a couple hundred dollars. Mr. Erickson stated that his business is a fixed pie and a business such as Untiedt's take a slice away. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of an Interim Use Permit for Untiedt's Vegetable Farm for a temporary greenhouse and produce sales on property located south of County Road 6 and west of County Road 101. Commissioner Thompson stated that the Commission's discretion is limited now that the ordinance has been adopted. Commissioner Koehnen concurred with Commissioner Thompson, and added that the Commission has not heard any testimony that the proposal does not concur with conditions of an Interim Use Permit. MOTION to Amend by Commissioner Koehnen, seconded by Commissioner Berkowitz to amend Condition #6 stating the hours of operation shall be from 9:00 a.m. to 9:00 p.m. Roll Call Vote. 4 Ayes. MOTION approved on a 4-2 Vote. (Commissioner Thompson and Chairman Stulberg voted Nay.) Roll Call Vote on Main MOTION. 6 Ayes. MOTION approved unanimously. D. RUST ARCHITECTS, P.A. (98041) Commissioner Berkowitz stated that his firm, Rust Environment has no affiliation with the applicant, Rust Architects, P.A. APPROVED Planning Commission Minutes April 14, 1998 Page #71 Chairman Stulberg introduced the request by Rust Architects, P.A. for a Conditional Use Permit to increase the fence height and Site Plan Amendment to expand the parking area at United Products Corporation located at 3915 Niagara Lane North. Planner Lindahl gave an overview of the April 9, 1998 staff report. Chairman Stulberg introduced Randy Newberg, representing the petitioner. Mr. Newberg stated that the applicant wants to add the trees along the trail, and is in agreement with the beige color and slats in all the chain link fencing. Commissioner Koehnen asked if the reason for the fence is the propane system. Mr. Newberg replied that the fence is to screen the looks of the outside storage, and the propane storage is incidental. Chairman Stulberg opened and closed the public hearing, as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending approval of a Site Plan Amendment and Conditional Use Permit for United Products Corporation located at 2915 Niagara Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. E. CURVES INTERNATIONAL, INC. (98043) Chairman Stulberg stated that the applicant has not yet arrived, and asked the Commission if they wanted to proceed. The Commission decided to proceed. Chairman Stulberg introduced the request by Curves International, Inc. to amend the text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance to allow indoor commercial recreation facilities in the C-2 Zoning District. Planner Lindahl gave an overview of the April 9, 1998 staff report. Commissioner Thompson asked if the clientele is limited to women only, and if so, how they can do that. Planner Lindahl stated that the clientele is limited to women, as some women tend to be intimated by a health club atmosphere. Commissioner Stein asked what the basis is for not requiring membership under the Recreation - Commercial definition. Director Hurlburt stated that it is to distinguish a health club from a walk-in service. Chairman Stulberg asked about the message therapy as indicated in the applicant's narrative. He said that the text amendment does not mention anything about message APPROVED Planning Commission Minutes April 14, 1998 Page #72 therapy. Planner Lindahl stated that the message therapy was not part of the applicant's request, because message therapy is already listed in the ordinance as a permitted use in the C-2 District, and a license would be required. Commissioner Berkowitz asked why the Commission is looking at two definitions. Planner Lindahl stated that Recreation, Commercial already exists, but it needs some fine tuning, and Recreation, Personal Fitness is a new definition. Commissioner Berkowitz asked if the 3,000 square feet is arbitrary. Planner Lindahl stated that staff researched zoning ordinances in other communities and found this number used for other personal service establishments. Commissioner Berkowitz asked how other cities handle this type of business. Planner Lindahl replied that some cities lump everything into one definition, while some get very specific. Director Hulburt commented that Plymouth's Ordinance has it all lumped together, and maybe it is time to start differentiating between some of the uses. Chairman Stulberg introduced Tracey Rowe, the petitioner. Ms. Rowe concurred with the staff report. Commissioner Thompson asked if the business is a non -membership club. Ms. Rowe replied that there are several ways to join, such as signing up for a month, year, or longer. Commissioner Thompson asked why they don't allow men. Ms. Rowe replied that 90 percent of women don't want to go to a gym where they worry about their looks and are self-conscious about men looking at them. Director Hurlburt asked if they have had any legal advice. Ms. Rowe replied that they have had a couple of instances where they were taken to court. Ms. Rowe stated that they have allowed men to join if they want to. Chairman Stulberg asked if Ms. Rowe was going to operate the facility. Ms. Rowe commented that her sister would be managing the facility. Chairman Stulberg asked if the franchise owner requires managers to be trained. Ms. Rowe replied affirmatively. Chairman Stulberg closed the public hearing. Commissioner Koehnen asked if the amendment is approved, how it affects this application. Director Hurlburt stated that this would then be a permitted use, and it does not need to come before the City again. Chairman Stulberg added that any other similar application would also be allowed if they met the critieria. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommend approval of an Ordinance amending the Plymouth City Code, by amending Chapter 21, C- 2 (Neighborhood Commercial) Zoning District and the Findings of Fact for amending APPROVED Planning Commission Minutes April 14, 1998 Page #73 Section 21005.02 (Definitions) and Section 21460 (C-2, Neighborhood Commercial) of the Plymouth City Code. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Chairman Stulberg called a recess at 8:22 p.m. and reconvened the meeting at 8:34 p.m. 7. NEW BUSINESS A. MARK SHEA (98047) Chairman Stulberg introduced the request by Mark Shea for a Variance to construct a 6 - foot high fence in the front yard and a Variance to locate a swimming pool in the front yard for property located at 4210 Pineview Lane North. Planner Rask gave an overview of the April 8, 1998 staff report. Chairman Stulberg introduced Mark Shea, the petitioner. Mr. Shea stated that his first step is to see if he can get approval for the Variance, and then he will go the Homeowner's Association for their approval. Mr. Shea stated that the pool would be located in what he considers the side yard. Mr. Shea stated that they intend to do more tree landscaping along Pineview Lane and 42"d Avenue. Chairman Stulberg commented that the Commission, and the City for that matter, has no control over the covenants. Commissioner Thompson added that the covenants are between the homeowners, homeowners association, and the courts. Chairman Stulberg introduced Barb Alexander of 12700 42"d Place. Ms. Alexander stated that there is a covenant. Ms. Alexander commented that she is concerned about how the proposal would change the looks of the neighborhood, and that the fence would look out of place in the neighborhood. She stated her concern that the proposal could decrease property values. Ms. Alexander stated that the pool would be located in what she considers the front yard. Chairman Stulberg commented that the City agrees that it would be the applicant's front yard. Chairman Stulberg introduced Steve Ganz of 12860 42"d Place. Mr. Ganz stated that he is the President of the Swan Lake Homeowners Association. He stated that he received several calls from neighbors in opposition to the proposal, as they are concerned with it negatively affecting their property values, and how it will look as a whole toward the neighborhood. Chairman Stulberg introduced Viriginia Olson of 4205 Pineview Lane. Ms. Olson stated that the covenants prohibit fences or swimming pools in the front yard. She stated that the proposal would adversely affect the neighborhood aesthetics and property values. APPROVED Planning Commission Minutes April 14, 1998 Page #74 Chairman Stulberg introduced Sharon Peterson of 12625 42"d Place North. Ms. Peterson asked why the applicant was not referred back to the homeowners association since covenants are involved. Chairman Stulberg stated that the City can not prohibit someone from making an application. Director Hurlburt stated that staff can not refuse an application, and they routinely tell people to check the covenants that might govern it. She stated that the City can not require them to give us verification that they have approval of the homeowners association, and the City cannot enforce the covenants. Ms. Peterson said that the applicant also has a large basketball court on the site. Director Hurlburt commented that the basketball court does not require a permit since it is not a structure. Ms. Peterson said that the pool and fence would not be aesthetically pleasing to the neighborhood. Many of the neighbors have two story homes and wouldn't want to look out at this. Ms. Peterson stated her concern that the pool will increase noise and activity to the neighborhood and decrease property values. Commissioner Thompson stated that the Commission has no jurisdiction over convenants, only a court does. Director Hurlburt stated that when variances are applied for, neighbors within 200 feet are notified. Chairman Stulberg noted that the City cannot enforce covenants, only homeowners association can. Commissioner Thompson asked if the applicant built the home. Mr. Shea replied they bought it as a spec home from the builder. Mr. Shea stated that at the time of closing they were not presented any homeowners association documents, nor did he sign any. He said that he sent a copy of his proposal to the homeowners association. Ms. Alexander commented that it is stated in the covenants that until all lots are sold, the developer is still the president, so the applicant would contact the developer, not Mr. Ganz. MOTION by Chairman Stulberg, seconded by Commissioner Koehnen recommending approval of fence height and pool setback Variances for Mark Shea on property located at 4210 Pineview Lane North. MOTION to Amend by Commissioner Thompson to amend Condition #3 to replace the word "two" with "four" and insert "evergreen" before the word trees, and add the words or continuous hedge". MOTION died for lack of a second. Commissioner Ribbe stated he would vote against the motion, as he is concerned with the City interpreting their own ordinance. He said that we all know this is a front yard by ordinance definition. Commissioner Thompson commented that more could be done in the resolution to soften the blow with the variance. He stated that the application does not meet Conditions #1, 2 or 7 of the Variance Standards. APPROVED Planning Commission Minutes April 14, 1998 Page #75 Commissioner Berkowitz stated that because of where the house sits, there is not room for a swimming pool anywhere else on the lot. He said that in his neighborhood there have been fences and swimming pools, and has heard the comments on the property values. He said he does not see that as a unique or overriding feature of this request. If we were talking about a swimming pool along 42" d Place, the lot across Pineview could have a pool in the back yard, and it would also be along 42"d Place. Commissioner Stein stated he would abstain, as his sister lives in the neighborhood. Commissioner Koehnen stated that her decision is based upon the fact that the house is in a unique situation. She said that the applicant has the right to make an application, and she agrees that the standards have been met. Chairman Stulberg explained that he made the motion, as he didn't want a negative motion on the table to discuss the issue. He stated he would vote against the motion, as the applicant can make reasonable use of the yard without a pool, and it would be inappropriate for a pool to be in the front yard. He said that nothing has changed since the applicant purchased the home. Commissioner Thompson stated that not having a swimming pool does not constitute a hardship. Roll Call Vote on MOTION. 1 Aye. MOTION failed on 1-4 Vote. (Commissioners Thompson, Berkowitz, Ribbe and Chairman Stulberg voted Nay. Commissioner Stein abstained.) MOTION by Chairman Stulberg, seconded by Commissioner Thompson to recommend denial of fence height and pool Variances for Mark Shea for property located at 4210 Pineview Lane North. MOTION to Amend to add to Condition #3 that the requested variance is not the minimum action required for a Variance. Roll Call Vote on MOTION to Amend. 3 Ayes. MOTION approved on a 3-2 Vote. Commissioners Koehnen and Berkowitz voted Nay. Commissioner Stein abstained.) Roll Call Vote on Main MOTION. 3 Ayes. MOTION approved on a 3-2 Vote. Commissioners Koehnen and Berkowitz voted Nay. Commissioner Stein abstained.) 8. OTHER BUSINESS: Director Hurlburt recommended the Commission cancel the April 28th meeting, as legal notices did not get published. She recommended that the Commission hold three meetings in May. The meeting dates would be May 5th, May 12th, and May 26th APPROVED Planning Commission Minutes April 14, 1998 Page #76 Commissioner Koehnen stated she could not attend the May 5th meeting. Commissioner Ribbe stated he could not attend the May 26th meeting. Commissioner Berkowitz stated he could not attend the May 5th or May 12th meeting. Commissioner Thompson stated he may not be able to attend the May 26th meeting. MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to cancel the April 28th meeting and schedule an additional meeting on May 5th. Vote. 6 Ayes. MOTION approved unanimously. Director Hurlburt reminded the Commission of the Open House on April 16th from 5:00 to 8:00 p.m. regarding Northwest Plymouth. She stated that staff would report back to the Commission at one of their May meetings regarding comments received at the open house. MOTION by Commissioner Stein, seconded by Commissioner Koehnen to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 9:20 p.m.