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HomeMy WebLinkAboutPlanning Commission Minutes 05-26-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 26, 1998 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Kim Koehnen, Roger Berkowitz, Jeff Thompson (arrived at 7:57 p.m.) and Bob Stein MEMBERS ABSENT: Commissioner Allen Ribbe 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: Commissioner Koehnen requested that the word "London" be changed to "Great Britain" on Page 95 of the May 12, 1998 Planning Commission Minutes. MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending approval of the May 5, 1998 and May 12, 1998 Planning Commission Minutes. Vote. 4 Ayes. (Commissioner Berkowitz abstained.) 5. CONSENT AGENDA: A. ERIC AND TINA GUSTAFSON (98071) Chairman Stulberg introduced the request by Eric and Tina Gustafson for Variances for building setback, driveway setback, impervious surface coverage and redevelopment of a non -conforming lot to allow construction of a new home and detached garage at 1505 Evergreen Lane North. MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending approval of a Variance request for Eric and Tina Gustafson for property located at 1505 Evergreen Lane North. Vote. 5 Ayes. MOTION approved unanimously. APPROVED Planning Commission Minutes May 26, 1998 Page #101 6. PUBLIC HEARINGS: A. BREWFARM CONCEPTS, INC. (98027) Chairman Stulberg introduced the request by BrewFarm Concepts, Inc. for Rezoning from CC -R (City Center Retail) to CC -RE (City Center Retail Entertainment), Site Plan, Conditional Use Permit and Variances for a freestanding restaurant with liquor and office building to be located on the west side of Plymouth Boulevard between 34th and 35th Avenue. Planning Supervisor Senness gave an overview of the May 19, 1998 staff report. Commissioner Koehnen asked where the regional pond is located. Planning Supervisor Senness replied that it is located just off of Highway 55 as you turn onto Plymouth Boulevard. Chairman Stulberg introduced David Anderson, the petitioner. Mr. Anderson stated he would be available for questions. Chairman Stulberg asked about the structure on the top of the building, and if the project would move forward if the element is not approved. Mr. Anderson explained that the project would still move forward, but the element provides character to the building. The structure is functional, as it opens up and allows light in. Chairman Stulberg asked what would happen if they don't get approval for a liquor license. Mr. Anderson replied that the project wouldn't move forward. Commissioner Stoebner asked if the petitioner agrees with all the other conditions listed in the resolution. Mr. Anderson stated that he concurs with the resolutions except for Condition #12 pertaining to the topmost element of the building. He said that removing the element won't drastically alter the design, but it takes away from his concept, and without it, it would look like a box. The element reflects the agricultural heritage of Plymouth. Commissioner Koehnen asked what the top element symbolizes. Mr. Anderson stated the concept for the brew pub restaurant is a farm theme. Mr. Anderson said that he lives in Plymouth on a hobby farm and wanted to promote the farm theme for his business. Commissioner Stein commented that the parking on the south side of the building is very awkward. Mr. Darren Lazan of Landform Engineering, representing the petitioner agreed that the configuration is awkward. He said that other alternatives were looked at, but unfortunately, because of accessibility requirements, they need access back to that corner of the site, which leaves a dead zone that can't be overcome. Mr. Lazan stated they would like to put some of the green space back in to the corner area if there are any other alternatives that meet the code requirements for the 45 -foot turning radius. City Engineer APPROVED Planning Commission Minutes May 26, 1998 Page #102 Faulkner commented that if the Site Plan was modified, it would have to be verified by the Engineering Department. Mr. Lazan said that according to current code, they need access to the east side of the building also. Mr. Jeffrey Rapp of Wilkus Architects, representing the petitioner, stated that they did go through numerous revisions on the entire project. He said that he is perplexed by the opposition to the topmost element, as the building is so subtle. Commissioner Stoebner asked if there is any problem with the height of the element, or is it just the look of it. Planning Supervisor Senness stated that the height is at 46 feet, but under Ordinance standards, the element is allowed to exceed the 45 -foot standard. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner recommending approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located on the west side of Plymouth Boulevard North of 34th Avenue and the Findings of Fact for Rezoning of property located on the west side of Plymouth Boulevard north of 34th Avenue. Roll Call Vote. 5 Ayes. MOTION approved unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Koehnen recommending approval of a Site Plan, Conditional Use Permit and Variances for BrewFarms LLC for property located on the west side of Plymouth Boulevard between 34th and 35th Avenues. MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Koehnen to delete Condition #12 of the approving resolution. Commissioner Koehnen stated that unless she hears more about why the element does not meet City Center standards, she would be voting that the condition be deleted. Planning Supervisor Senness stated that staff looked at the overall character of the building, and came to the conclusion that the element does not reasonably conform with the City's design standards. She said that staff thinks more of it as a sign, and not a functional element. Chairman Stulberg stated that the City spent many years doing the City Center Plan and staff has to come back to the Commission noting the standards and to ensure that there is conformity. APPROVED Planning Commission Minutes May 26, 1998 Page #103 Commissioner Berkowitz said that there is a difference with this element and signage for a typical fast foot restaurant. He said that the element provides more of signature of the business and not a typical chain establishment. Roll Call Vote on MOTION to Amend. 4 Ayes. MOTION approved on a 4-1 Vote. Commissioner Stein voted Nay.) Roll Call Vote on Main MOTION. 5 Ayes. MOTION approved unanimously. B. JANCO, INC. (98063) Chairman Stulberg introduced the request by Janco, Inc. for Rezoning from RSF-1 (Single Family Detached 1) to RSF-2 (Single Family Detached 2) and a Preliminary Plat to allow the creation of 14 single family lots for the northern portion of the Minneapolis Laestadian Lutheran Church site located at 13030 -47th Avenue North. Planner Drill gave an overview of the May 20, 1998 staff report. Commissioner Berkowitz asked if there was a plan presented or discussed using RSF-1 zoning. Planner Drill replied negatively. He said that in order to meet the 110 foot minimum lot width requirement of RSF-1, at least two lots would need to be eliminated one for each side of the proposed street. That would put the development under two dwelling units per acre. Commissioner Stein asked if that would that be true for platting of the entire site. Planner Drill replied affirmatively. Director Hurlburt noted that most of the lots appear to be over 18,500 square feet. She said that essentially in the RSF-2 zoning, you are applying the lot width. The average lot area is more than the RSF-1 minimum. Commissioner Berkowitz asked how many lots are above 18,500 square feet. Planner Drill replied that 10 lots would contain over 18,500 square feet and four lots would contain less than 18,500 square feet. Director Hurlburt commented that under the old Ordinance, the site would likely have been developed under a Planned Unit Development (PUD). She said that some of the flexibility allowed under a PUD was put into the RSF-2 zoning district. Chairman Stulberg introduced Jake Enebak, the petitioner. Mr. Enebak stated that he concurred with the staff report and is available for questions. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated May 20, 1998 from Susan K. Wylie of 4915 Pineview Lane North opposing the rezoning. Chairman Stulberg closed the public hearing. MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner recommending approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located at the southeast corner of Schmidt Lake Road APPROVED Planning Commission Minutes May 26, 1998 Page #104 and Northwest Boulevard and the Findings of Fact for Rezoning of property located at the southeast corner of Schmidt Lake Road and Northwest Boulevard. Roll Call Vote. 5 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Koehnen recommending approval of a Preliminary Plat for Janco, Inc. for Bridgid Glenn Addition located southeast of Schmidt Lake Road and Northwest Boulevard. Roll Call Vote. 5 Ayes. MOTION approved unanimously. C. AMOCO OIL COMPANY & NATIONAL TIRE AND BATTERY (98064) 98066) Chairman Stulberg introduced the request by Amoco Oil Company and National Tire and Battery for a Conditional Use Permits, Site Plans, and Variances for a convenience store with motor fuel sales, car wash, and 24-hour operation and a minor automobile repair center at the northeast quadrant of I-494 and County Road 6. Planner Rask gave an overview of the May 21, 1998 staff report. Planner Rask noted that Condition #5 on the approving resolution for National Tire and Battery should say "pylon sign" instead of "monument sign." Commissioner Koehnen asked if the placement of the two establishments were set previously under the original approval for the site. Planner Rask replied affirmatively, but that the parking has been reconfigured. Director Hurlburt commented that when the Home Depot site was reviewed, no tenants were named. She said that Amoco is located on the corner because it is more convenient for access in and out of the site. Chairman Stulberg introduced Linda Fisher, representing the petitioners. Ms. Fisher presented artist renderings of the Amoco Station, National Tire and Battery store, Site Plan, shared pylon sign, and the monument sign. She said that the variance for the shared sign is because of size, not height. Ms. Fisher said that it is important to look at the various trade-offs for the sign package as a whole. They are requesting close to 290 square feet less than what is allowed by the ordinance for wall signage. Ms. Fisher stated that the petitioners concur with the conditions listed in the resolutions. Commissioner Stein asked where the monument sign would be located as there were two different plans in the packet. Planner Rask stated that the correct location is south of the gas pump aisle, as indicated on page A1.2 of the plans. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. APPROVED Planning Commission Minutes May 26, 1998 Page #105 MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen recommending approval of a Site Plan, Conditional Use Permits, and Sign Variance for Amoco Oil Company for property located north of County Road 6 and west of Annapolis Lane. Roll Call Vote. 5 Ayes. MOTION approved unanimously. (Commissioner Thompson abstained due to missing part of the presentation.) MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner recommending approval of a Site Plan, Conditional Us Permits, and Variances for National Tire and Battery for property located north of County Road 6 and east of I-494. Roll Call Vote. 5 Ayes. MOTION approved unanimously. (Commissioner Thompson abstained due to missing part of the presentation.) D. GEM ENTERPRISES, INC. (98073) Chairman Stulberg introduced the request by GEM Enterprises, Inc. for a Zoning Ordinance Text Amendment to allow variety, book, fabric, furniture and carpet stores up to 10,000 square feet in the C-2 Zoning District. Planner Lindahl gave an overview of the May 22, 1998 staff report. Commissioner Stein asked if fabric and furniture uses would be allowed in the C-3 district. Planner Lindahl replied negatively - only in the C-4 district. Director Hurlburt said that C- 3 is the highway commercial district. Chairman Stulberg asked staff where they came up with the definitions for variety and department store. Planner Lindahl replied from Webster's dictionary and the Standard Industrial Classification (SIC) system. Chairman Stulberg asked if the 3,000 square feet maximum for book and stationary stores is an arbitrary number. Planner Lindahl stated that she called several businesses and didn't get a number over 2,000 square feet. The 3,000 square feet gives some additional room for expansion. Chairman Stulberg stated his concern that this would be the only classification in the Zoning Ordinance that has a square footage number attached to it. He said that things change, and revisions may have to be done to the square footage. Planning Supervisor Senness stated that not only would square footage need to be looked at, but the City would also have to stay current in the overall nature of the definitions. Chairman Stulberg asked if there would be a way to base it on a certain percentage of the overall square footage of the shopping center for the book and stationary use. Planner Lindahl stated that staff considered that alternative, but didn't think it was a workable solution. The current proposal is easier for applicants and staff to understand and enforce. Director Hurlburt commented that the only good way to handle this was to base it on size. APPROVED Planning Commission Minutes May 26, 1998 Page #106 She said the 3,000 square feet allows for extra space for storage, office and bathroom space. By limiting the size to 3,000 square feet, it doesn't attract large, chain -type stores. Chairman Stulberg introduced Jerry Kennedy, the petitioner. Mr. Kennedy stated that they anticipated problems with the C-2 zoning when the City did the city-wide rezoning in 1996. Mr. Kenneday said that because of the depth of the building, it doesn't allow cutting up for smaller uses; therefore, they have encountered leasing problems. Mr. Kennedy admitted that the picket fence sign on top of the building is less than desirable for leasing proposals. Mr. Kennedy commented that he originally applied to rezone the property to C-4, but there was an uproar with the neighbors, so he withdrew, and then applied for a Zoning Ordinance Text Amendment. Mr. Kennedy stated that they have recently leased 2,500 square feet of the vacant space. He said that the request for the fabric and carpet store requests could be disregarded, as these perspective tenants have gone elsewhere. Mr. Kennedy asked the Commission to consider a 5,000 square foot maximum for furniture and book store uses. Commissioner Stein asked the applicant what is being planned for the adjacent parcel. Mr. Kennedy replied that no plans would be made until they find out what impact County Road 73 going through will have on the parcel. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending 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 Section 21005 (Definitions), Section 21460 (C-2, Neighborhood commercial) and Section 21470 (C-4, Community Commercial) of the Plymouth City Code. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to change the square footage of the book store to 7,500 square feet. Commissioner Stein said he would support 5,000 square feet, but not 7,500 square feet. Commissioner Thompson said that 3,000 square feet is too small, and the 7,500 square feet allows room for growth. Commissioner Koehnen commented that the applicant requested 5,000 square feet, which she would support. Commissioner Stoebner concurred with Commissioner Koehnen. Commissioners Thompson and Stoebner agreed to change the amendment to 5,000 square feet. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved unanimously. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to add a new Subd. 24 for a specialty furniture store, with less than 5,000 square feet. APPROVED Planning Commission Minutes May 26, 1998 Page #107 Commissioner Thompson said that specialty furniture stores can be an important option for small strip centers. Commissioner Berkowitz said that specialty furniture store should be defined. Director Hurlburt stated that specialty furniture stores are more difficult to define, and staff would prefer a square footage rather than a new definition for a specialty store. Planning Supervisor Senness commented that the Commission has to decide what is a regional/community versus a neighborhood -oriented business. Director Hurlburt said that furniture tends to be large and needs more storage space and there would be large delivery trucks. Chairman Stulberg commented that he agrees that something should be allowed, but also knows that staff has to administer the uses. If you limit it to 5,000 square feet it is less of an administrative burden than defining a specialty store. Chairman Stulberg said if too many limitations are put on it, the center may not survive. Commissioner Stein said that there are many specialty shops less than 5,000 square feet, and doesn't feel that it needs to be limited. Planning Supervisor Senness said that it isn't necessarily the size of the shop that is the issue, but rather the draw for the establishment and the traffic and parking problems associated with it. She stated that the uses should be more oriented to the neighborhood regardless of the square footage. Commissioner Thompson stated that the Commission needs to look at the survival of centers, and he would like to see some flexibility. He said that he was comfortable with the specialty furniture label. Commissioner Koehnen commented that times, needs and uses have changed. She asked if "specialty" adds flexibility for staff. Chairman Stulberg commented that it adds confusion for staff. Director Hurlburt said it would be hard to interpret it. Chairman Stulberg said that it could be dealt with as a conditional use. Director Hurlburt replied that a conditional use is not discretionary, and staff has to prove that it isn't appropriate in a particular location. She said that you have to have specific conditions in mind to make it a conditional use. Commissioner Stoebner stated that he was comfortable with limiting it to 5,000 square feet and eliminating the "specialty" label. He commented that he thought the site should probably be rezoned to the C-4 district. Commissioner Berkowitz agreed with Commissioner Stoebner, but added that a Zoning Ordinance Text Amendment not only affects this property, but all C-2 zoning. Commissioner Koehnen stated that since she is not sure of the implications at this time, she would vote no. APPROVED Planning Commission Minutes May 26, 1998 Page #108 Chairman Stulberg stated that the vote would be to add a new Subdivision for furniture store, with less than 5,000 square feet. Staff would renumber the subdivisions appropriately. Roll Call Vote on MOTION to Amend. 4 Ayes. MOTION approved on a 4-2 Vote. Commissioners Koehnen and Berkowitz voted Nay.) Chairman Stulberg suggested that before the item goes to the City Council, staff should contact two other places - the Minnesota Retail Merchants and the National Retail Merchants to talk about the definitions of variety and department to cover the intent. Commissioner Thompson concurred and stated that he was concerned with the variety store definition. Roll Call Vote on Main MOTION. 6 Ayes. MOTION approved unanimously. E. GEM ENTERPRISES, INC. (98082) Chairman Stulberg introduced the request by GEM Enterprises, Inc. for a Conditional Use Permit to replace non -conforming sign fascia on Plymouth Center located at 11255 Highway 55. Planner Lindahl gave an overview of the May 22, 1998 staff report. Chairman Stulberg introduced Jerry Kennedy, the petitioner. Mr. Kennedy stated that the current sign makes the building look like a bowling alley, so it is in need of a change. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stoebner, seconded by Commissioner Thompson recommending approval of a Conditional Use Permit for Plymouth Center located at 11255 Highway 55. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Director Hurlburt reminded the Commission of the special meeting pertaining to the Comprehensive Plan to be held at 7:00 p.m. on June 30, 1998 in the public safety training room. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 9:13 p.m.