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HomeMy WebLinkAboutPlanning Commission Minutes 10-27-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 27, 1998 MEMBERS PRESENT: Acting Chairman John Stoebner, Commissioners Bob Stein, Jeff Thompson, and Roger Berkowitz MEMBERS ABSENT: Chairman Mike Stulberg, Commissioners Kim Koehnen and Allen Ribbe STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Shawn Drill and John Rask, City Engineer Dan Faulkner and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: No Minutes. 5. CONSENT AGENDA: A. LSA DESIGN, INC. (98180) MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz for a Site Plan Amendment to allow construction of a 30 -foot by 30 -foot deck structure with trellis to be used as an outdoor learning center at Gleason Lake Elementary School, 310 County Road 101. Vote. 4 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: A. CITY OF PLYMOUTH (98094) Acting Chairman Stoebner introduced the request by the City of Plymouth for a proposed ordinance providing for the elimination and prevention of prohibited noise and imposing penalties for violation. Planning Supervisor Senness gave an overview of the October 19, 1998 staff report. Commissioner Thompson asked if cars that have loud stereos would be covered under Section 2025.17 Enforcement Subd. 3 Criminal Penalties. He asked if the fine would be APPROVED Planning Commission Minutes October 27, 1998 Page #225 200.00 or $700.00 fine. Planning Supervisor Senness stated car stereos would be covered, but staff would need to clarify the amount of the fine. Commissioner Thompson said it is probably a $200.00 fine for noise from cars such as a muffler, and a $700.00 fine for amplification of car stereos. Director Hurlburt commented that the penalties are mandated by the State, but staff could investigate the matter. Commissioner Berkowitz asked if a barking dog falls under impulse noise, and if there was any thought to changing a "one block distance" to a specific distance in Subd. 8(a) under Animals. Planning Supervisor Senness replied that the draft ordinance gives specific standards for a barking dog. Director Hurlburt said that it would be a good idea to substitute a distance for one block, probably in range of 500 to 700 feet. Planner Drill stated that a typical block is 660 feet. Commissioner Berkowitz asked if someone using a snowblower on their driveway is included in Section 2025.05 Subd. 2. Commissioner Stoebner commented that it would be exempt. Planning Supervisor Senness agreed, adding that snow removal or equipment are exempt. Commissioner Berkowitz asked if Table 1 is referring to the receiver of the noise. Planning Supervisor Senness answered affirmatively. Commissioner Stein asked if refuse hauling includes the recycling trucks. Planning Supervisor Senness replied affirmatively. Commissioner Stein asked if trains are included anywhere in the ordinance. Planning Supervisor Senness responded that trains can't be regulated. Commissioner Stein asked what a recycling refrigerator truck would constitute. Planning Supervisor Senness said that it would be a noise for just a couple of seconds, so it wouldn't be regulated in the ordinance. Commissioner Stein asked if impulse noise can be defined. Director Hurlburt stated that it would be covered by the L10 and L50 definitions. She said that if the noise is happening less than 10 percent of the time for a one-hour period it can't exceed the standard. Planning Supervisor Senness said that staff may want to check this out and there is a specific definition that could be used. Commissioner Stein stated that he perhaps phonographs should be deleted from Section 2025.03 Sudb. 6, as he doesn't know of anyone that still has a phonograph. Commissioner Thompson suggested that compact discs and boomboxes be listed. Director Hurlburt commented that it is the speakers that generate the noise. Commissioner Thompson asked if it is precluded by State law to change the nighttime prohibition hours to 9:00 p.m. to 7:00 a.m. Planning Supervisor Senness explained that APPROVED Planning Commission Minutes October 27, 1998 Page #226 the hours can be changed, but there was a fair amount of discussion from the group and it was decided to leave it with the 10:00 p.m. to 7:00 a.m. Acting Chairman Stoebner asked how much success Bloomington has had with the ordinance since it was modeled after their ordinance. Planning Supervisor Senness commented that they had an active enforcement program because they were encountering noise problems at the time the ordinance went into effect. Commissioner Stoebner asked if the ordinance has been litigated by businesses. Planning Supervisor Senness replied that staff isn't aware of that happening, but it can be checked. Acting Chairman Stoebner opened the public hearing. Acting Chairman Stoebner introduced a letter dated October 27, 1998 from Terrie Christian supporting the noise ordinance. Acting Chairman Stoebner introduced Bridget Jodell of 10100 South Shore Drive. Ms. Jodell stated that she supports the noise ordinance, but is still concerned with the heating and cooling of trucks which is a big problem in their neighborhood. She said that charging a major industry a $200.00 fine isn't going to make an impact. She said that she would like to see a stronger enforcement in place. She said that she wants to see heating and cooling trucks included in the ordinance. Acting Chairman Stoebner introduced Don Smith of 1000 South Shore Drive. Mr. Smith stated that he is concerned with the noise that is generated from the refrigeration units on trucks, and wanted the Commission to think about their problem. Acting Chairman Stoebner closed the public hearing. Acting Chairman Stoebner asked if cooling systems on trucks are intended to be covered. Director Hurlburt replied that it would be covered under Section 2025.07 - any source of noise exceeding the limits of the table are subject to the decibel levels. Planning Supervisor Senness added that it also ties in with Section 2025.03 Subd. 1. Commissioner Stein asked if an idling vehicle could be added to Section 2025.03 Subd. 5. Director Hurlburt said that it would be like mixing applies and oranges. Commissioner Berkowitz asked if the word "idling" could be added. Planning Supervisor Senness said that staff can look at that. Acting Chairman Stoebner wondered if the enforcement provisions are strong enough and if there is there any mechanism for repeat offenders. Planning Supervisor Senness said that repeat offenders would be turned over to the city attorney. Acting Chairman Stoebner asked if there is anything besides a fine that would make businesses comply. Commissioner Thompson pointed out one of the criminal penalties is 90 days in jail. APPROVED Planning Commission Minutes October 27, 1998 Page #227 Planning Supervisor Senness said that the city can't increase the fees, as they are set by the state, and the decibel level can't be more stringent than they are currently. MOTION by Commissioner Thompson, seconded by Acting Chairman Stoebner to recommend approval of an Ordinance amending Chapter 20 of the Plymouth City Code relating to noise, providing for the elimination and prevention of prohibited noise and imposing penalties for violation. MOTION to Amend by Commissioner Thompson to recommend that the nighttime prohibition hours be changed to 9:00 p.m. to 7:00 a.m. Commissioner Stoebner asked what the reasoning was for the 10:00 p.m. to 7:00 a.m. Planning Supervisor Senness explained that people are familiar with those hours. Director Hurlburt noted that it is a year-round ordinance, and in the summer time there is more activity outdoors until almost 10:00 p.m. She said that the city typically received complaints for various activities after 10:00 p.m. or 11:00 p.m. Amendment died for lack of a second. Roll Call Vote. 4 Ayes. MOTION approved unanimously. B. HOLIDAY COMPANIES (98166) Acting Chairman Stoebner introduced the request by Holiday Companies for a Conditional Use Permit and Site Plan Amendment to remodel the existing building and add a car wash to property located at 10100 Rockford Road. Planner Rask gave an overview of the October 22, 1998 staff report. Commissioner Berkowitz asked where the drains discharge to and if a sediment trap is required. City Engineer Faulkner said that there probably is a sediment trap. Commissioner Berkowitz asked if by reducing the parking spots by two feet, if the area behind the parking would be reduced. Planner Rask stated that the area would be reduced, but that the ordinance allows the overhang of bumpers. Commissioner Stein asked if something can be done about the north entrance of the site. Director Hurlburt said that other than redoing the whole site, there is not much that can be done about it. City Engineer Faulkner stated that an analysis is being done right now for the City Council for improving traffic movement in that area. Director Hurlburt said that the analysis would be for the public streets. City Engineer Faulkner stated that it doesn't prohibit combining entrances. APPROVED Planning Commission Minutes October 27, 1998 Page #228 Commissioner Berkowitz asked if the proposal would add vehicle traffic to the site. Planner Rask deferred the question to the applicant. Acting Chairman Stoebner introduced Mark Nelson, the petitioner. Mr. Nelson commented that the proposed application is for a major remodeling of the station itself and in addition to that project is the addition of the car wash. He said that the car wash does go into the storm sewer through the catch basin which does require maintenance. Mr. Nelson said that business has slowed since they opened their new store on Schmidt Lake Road and they hope these changes will increase business, thus bringing more traffic to the site. Mr. Nelson stated that he concurs with the staff report. Commissioner Berkowitz asked the applicant if he agreed with the size of the parking spaces. Mr. Nelson replied that the spaces are fine. Acting Chairman Stoebner opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stein to recommend approval of a Site Plan Amendment and Conditional Use Permits for Holiday Station Stores located at 10100 Rockford Road. MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Stein to delete Condition #5. Commissioner Berkowitz stated that he would rather see the additional two feet behind the parking spaces to be used as drive space for the safety of maneuvering of vehicles. Commissioner Berkowitz asked if the petitioner would be okay with the change. Mr. Nelson replied affirmatively. Commissioner Thompson asked why 9 feet instead of 11 feet. Planner Rask replied that it is a way to increase the setback and move closer to what is required. Planning Supervisor Senness said that it is very commonly done when there is an overhang. Acting Chairman Stoebner asked by voting in favor of the motion does it increase the impervious surface. Planning Supervisor Senness replied affirmatively. Commissioner Thompson said he would not support the motion. Commissioner Stoebner stated he wouldn't support the motion because it would increase the impervious surface. Roll Call Vote on MOTION to Amend. 1 Aye. MOTION failed on a 1-3 Vote. Commissioners Stein and Thompson and Acting Chairman Stoebner voted Nay.) APPROVED Planning Commission Minutes October 27, 1998 Page #229 Roll Call Vote on Main MOTION. 4 Ayes. MOTION approved unanimously. C. RUMMIE CONSTRUCTION (98168) Acting Chairman Stoebner introduced the request by Rummie Construction for a Conditional Use Permit to move a home onto property located at 9540 17th Avenue North. Planner Rask gave an overview of the October 22, 1998 staff report. Commissioner Thompson asked what would happen if the applicant doesn't perform all the necessary repairs. Planner Rask stated that the letter of credit that is being required would be of a sufficient amount to hire someone else to perform any outstanding repairs. Acting Chairman Stoebner introduced Joe Slavek, the petitioner. Mr. Slavek said that he purchased the house in Robbinsdale with the intent to move it to the proposed location. He stated that he concurs with the staff report. Acting Chairman Stoebner opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of a Conditional Use Permit for Rummie Construction to relocate a single family home onto property located at 9540 17th Avenue North. Commissioner Stein commented that the requirements of a letter of credit and the siding and exterior finishes be compatible with the neighborhood seem unusual. Planner Rask stated that the city doesn't see a lot of these type of applications, and it is the first one under the new ordinance. The conditions are to ensure that the repairs are completed and that the home is compatible with the neighborhood. Relocated homes often have major code deficiencies and can become a public safety issue. Additionally, the letter of credit is a mechanism to ensure that improvements are done in a timely manner. Thompson commends staff for the work that they did on this for the letter of credit and repairs. Roll Call Vote. 4 Ayes. MOTION approved unanimously. D. UNITED PROPERTIES (98169) Acting Chairman Stoebner introduced the request by United Properties for a Site Plan and Conditional Use Permit for Plymouth Woods Office Center Phase II, a three-story, 89,154 square foot office building located southeast of Fernbrook Lane and 34th Avenue North. APPROVED Planning Commission Minutes October 27, 1998 Page #230 Planner Drill gave an overview of the October 21, 1998. Commissioner Berkowitz asked if the sidewalk along Fernbrook Lane will connect with anything to the south. Planner Drill replied affirmatively. Acting Chairman Stoebner introduced Edward Farr, the applicant. Mr. Farr presented a colored rendering and site plan of the proposed project. He said that he concurs with the staff report. Acting Chairman Stoebner opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson seconded by Commissioner Berkowitz recommending approval of a Site Plan and Conditional Use Permit for United Properties for property located southeast of Fernbrook Lane and 34th Avenue North. Roll Call Vote. 4 Ayes. MOTION approved unanimously. E. ANGENO' S PASTA & PIZZA (98175) Acting Chairman Stoebner introduced the request by Angeno's Pasta & Pizza for Conditional Use Permits for a sit-down restaurant with wine and beer at the Plymouth Hills Shopping Center located at the southwest corner of 34th Avenue North and Plymouth Boulevard. Planner Rask gave an overview of the October 20, 1998 staff report. Commissioner Berkowitz asked if the restaurant plans to offer a delivery service and if so would it impact the findings of the report. Planner Rask said it would not impact the report. Acting Chairman Stoebner introduced John Mooney, the applicant. Mr. Mooney stated that he concurs with the staff report. He said that they do have a delivery service which constitutes about 10 percent of their business. He stated that they have been in business for 18 years in Maple Grove and Brooklyn Park. Mr. Farr asked if it would be possible to get his application on the November 4 City Council Agenda. Director Hurlburt replied that the applicant should contact Planner Rask to see if that's a possibility. Acting Chairman Stoebner opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending approval of Conditional Use Permit for the Plymouth Hills Shopping Center for a APPROVED Planning Commission Minutes October 27, 1998 Page #231 restaurant with on -sale liquor located at the southeast corner of 34th Avenue and Plymouth Boulevard. Roll Call Vote. 4 Ayes. MOTION approved unanimously. 7. OTHER BUSINESS City Engineer Faulkner commented that there will be two all -way stops put in, one at 34th Avenue and Plymouth Boulevard and the other at 34th Avenue and Fernbrook Lane. Commissioner Berkowitz asked about the timing of the signal at Highway 55 and Plymouth Boulevard. City Engineer Faulkner replied that the signal is regulated by the state. Commissioner Thompson asked when the Commission will be looking at roundabouts. Director Hurlburt said roundabouts will be discussed as part of the streetscape study which will come back to the Commission on November 24th. MOTION by Commissioner Thompson, seconded by Commissioner Stein to adjourn. Vote. 4 Ayes. MOTION approved unanimously. The meeting was adjourned at 8:22 p.m.