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HomeMy WebLinkAboutPlanning Commission Minutes 02-13-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES FEBRUARY 13, 1996 MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John Stoebner, Roger Berkowitz, Jeff Thompson, Tim Bildsoe, and Saundra Spigner MEMBERS ABSENT: Chairman Mike Stulberg STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. Call to Order: The meeting was called to order at 7:00 p.m. 2. Public Forum: None. 3. Approval of Agenda: Acting Chairman Ribbe noted the revised agenda. MOTION by Commissioner Spigner, seconded by Commissioner Berkowitz to approve as revised. Vote. 6 Ayes. Approved unanimously. 4. Approval of Minutes: MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to approve the January 24, 1996 Planning Commission Minutes. Vote. 6 Ayes. MOTION carried unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Bildsoe, to approve the February 8, 1996 Planning Commission Minutes. Vote. 6 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA No items. 6. PUBLIC HEARINGS Planning Commission Minutes February 13, 1996 Page # 32 A. City of Plymouth (96009) Acting Chairman Ribbe presented the request by the City of Plymouth for an Amendment to Ordinance No. 80-9, the Plymouth Zoning Ordinance, to create City Center Districts and related allowable uses and performance standards. Planning Supervisor Senness stated that the City Center plan was adopted by the City Council on January 23, 1996. On January 25, 1996, the Metropolitan Council found the Comprehensive Plan amendment to have no potential impact upon metropolitan systems plans and that the City could put the amendment into effect immediately. The proposed text amendments are the first of three actions to be considered by the Planning Commission. Planning Supervisor Senness introduced David Licht, consultant. Mr. Licht gave an overview of the Ordinance Amendment as proposed, outlining that the amendment creates four districts. Director Hurlburt commented that staff received a letter dated February 7, 1996, from James Guddal that is part of the staff report. She added that staff did recommend a specific change to the draft ordinance after receiving Mr. Guddal's letter to add "art galleries" as a permitted use in the CC -R and CC -RE Districts. Director Hurlburt also stressed that this agenda item pertains to the text amendment for the City Center Zoning Districts. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced James Guddal of 4465 Vicksburg Lane. Mr. Guddal asked what the design criteria is for plazas as it refers to on Page 12 (e). He stated it is not clear whether or not a school such as the Minnesota School of Business is allowed in the Trade School category as noted on Page 9 (f). He stated that a business school is very much an office use and should be a permitted use, not a conditional use. Acting Chairman Ribbe introduced Ken Streeter of 13100 35th Avenue North. Mr. Streeter asked for clarification on parking spaces, specifically as it relates to Page 11 (a) 1) and (2). He stated that there is a need for flexibility depending upon a design that may be more aesthetically pleasing. Acting Chairman Ribbe introduced Robert Guth of 2925 Holly Lane. Mr. Guth asked what will happen to his property (liquor store) if the ordinance is approved. Mr. Guth stated that under the proposed ordinance, his property would be zoned as CC -RE, Planning Commission Minutes February 13, 1996 Page # 33 and it would be more appropriate under CC -R. He stated that if the CC -RE zoning is approved, language should be added to include liquor stores as a permitted use. Mr. Guddal asked if the maintenance standards have been developed for water quality ponding areas, and what it would cost the owners. Acting Chairman Ribbe closed the public hearing. In response to Mr. Guddal's question, Director Hurlburt stated that water quality ponds are now required for all new developments in the City. City Engineer Faulkner stated that all developers are required to sign a pond maintenance agreement. The agreement states that the developer is responsible to keep the ponding area the same as it was in the original design. Before the City signs off on the developers financial guarantee, it would be inspected to see if the ponding area is functioning. He added that it would be hard to estimate the maintenance frequency at this time. Mr. Streeter asked when a pond has multiple owners, if there would be the capability of the City maintaining the pond and billing the owners. City Engineer Faulkner replied that the details have not been worked out yet, but the issue could be raised before finalizing the Water Quality Plan. In response to Mr. Guddal's question regarding plazas, Director Hurlburt stated that the intent is to provide a space for public gathering at the entrance of major buildings. There would be flexibility depending upon the design and the business proposed. Mr. Guddal asked if each project would be evaluated individually. Director Hurlburt responded affirmatively. She added that the plaza would only pertain to buildings that are over 30,000 square feet. Mr. Licht responded to Mr. Streeter's issue for clarification of parking spaces. He stated that the parking standards are reflective of design standards of the approved plan. The concept is to bring the buildings to the front of the property. The standards allow for flexibility according to design considerations. In response to Mr. Guddal's question of trade and vocational schools, Mr. Licht stated that a business or commercial type of business school would fall under vocational or trade school. The traffic is different for these types; thus, a Conditional Use Permit is required, and granted if the use is conforming. Planning Commission Minutes February 13, 1996 Page # 34 In response to Mr. Guth's question of his liquor store, Mr. Licht stated that off sale liquor is a permitted use in the CC -R district and therefore, is a conditional use in the CC -RE district. Mr. Licht stated that Mr. Guth's liquor store activity is not precluded. Mr. Guth commented that if a Conditional Use Permit is required, it may or may not be approved. Mr. Licht explained the legal framework of a Conditional Use Permit, which is a permitted activity provided certain conditions are met. Mr. Licht contended that there is some degree of judgment required, but that the ordinance works in the favor of the property owner. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to recommend approval of the request by the City of Plymouth for an Ordinance Amending Ordinance No. 80-9, The Plymouth Zoning Ordinance, by creating City Center Districts and related allowable uses and performance standards. Director Hurlburt asked if the MOTION included incorporating art galleries as a permitted use. Commissioner Spigner and Commissioner Bildsoe responded affirmatively. Commissioner Spigner asked if Mr. Guth's liquor store would have certain rights under the new ordinance. Director Hurlburt explained that under the new administrative procedures for an existed use in a new zoning classification, would mean that the liquor store would automatically be considered a conforming use. Roll Call Vote. 6 Ayes. MOTION carried unanimously. B. City of Plymouth (96010) Acting Chairman Ribbe introduced the request by the City of Plymouth for Rezoning of the property in the Plymouth City Center Area (also known as Downtown Plymouth), to several new "City Center" zoning districts. Director Hurlburt gave an overview of the February 8, 1996 staff report. Director Hurlburt stated that a letter dated February 8, 1996, was received from Carlson Real Estate Company, which has an interest in the land directly south of the Cub Foods Store. The concept plan proposes to realign 35th Avenue to the north side of this property, to provide a full intersection with Vicksburg Lane. Carlson submitted a sketch that shows a retail center on this site, with the road aligned along the south side of the property. Carlson requested that the property be zoned CC -R rather than CC -RE. That would permit convenience retail uses not permitted by right in the CC -RE district. Planning Commission Minutes February 13, 1996 Page # 35 Director Hurlburt stated that staff does not support Carlson's request at this time because they are skeptical that the road alignment shown on the sketch would be feasible, given the stacking distance and turning movements that would occur. Staff was concerned that reducing the land area of this district may have an adverse impact on the viability of the entertainment concept. Further, zoning the Carlson site CC -R would be inconsistent with the Concept Plan and Design Guidelines and therefore inconsistent with the Comprehensive Plan. Acting Chairman Ribbe stated that there seems to be a great deal of concern between the CC- R and CC -RE districts. He asked how staff views the differences and what constitutes an approvable use. Director Hurlburt explained that the CC -RE district is the only one that allows theaters and other entertainment uses. The CC -R district is geared toward retail and shopping uses. Conditional uses are considered appropriate under compatibility with the City Center Plan. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Ken Streeter of 13100 35th Avenue North. Mr. Streeter requested an amendment to the CC -R district to allow restaurants/cafes without requiring a Conditional Use Permit. Director Hurlburt pointed out that Mr. Streeter's request was an issue that should have been raised during the previous public hearing, as the text was just approved. Director Hurlburt stated that the Commissioners could reconsider the previous amendment. Acting Chairman Ribbe introduced Brad Lis, representing Carlson Real Estate, 2222 Plaza VII, Minneapolis. Mr. Lis stated that there are restricted covenants that prohibit the property from being used for a theater. Mr. Lis stated that wherever 35th Avenue ends up, the property north of it should be zoned CC -R. Mr. Lis commented that the proposal is inconsistent with what the City Council told him. Acting Chairman Ribbe introduced James Guddal of 4465 Vicksburg Lane. Mr. Guddal asked if the items raised in his letter dated February 7, 1996 had been addressed in the previous public hearing. Director Hurlburt replied affirmatively. Director Hurlburt gave an overview of the issues raised by Mr. Guddal in his letter. Mr. Guddal's letter suggested that auto stores should be a permitted use in the CC -OT district. Barber and Beauty Shops should be a permitted use, not a conditional use and Carpet, Rug and Tile should be a conditional use. Director Hurlburt Planning Commission Minutes February 13, 1996 Page # 36 stated that the City Center deliberately excludes new automobile -oriented uses. Those uses are more appropriate in highway business locations, not in a "downtown" area. The amount of car traffic to the use in not the main factor, but the character of the use. Barber and Beauty shops are personal services uses. All of these uses may not be appropriate in the CC -OT district, so a conditional use requirement is recommended. Carpet and tile stores are geared toward the retail market and are uses that require large spaces for storage. It is possible that an oriental rug shop, if it sells one -of -a -kind pieces, could be treated as an art gallery for zoning purposes. Distribution centers are uses that generate heavy truck traffic and should be not permitted in City Center. A business school would fall into the category of "trade school/vocational school' and is listed as a conditional use in the CC -OT district. Mr. Guddal stated that the Rasmussen School of Business is an example of a commercial business with no difference in the amount of traffic or people traffic. A business of that kind should be a permitted use and not a conditional use. Director Hurlburt explained that there are different types of trade schools with different traffic patterns, which makes it so variable and that is why staff is requesting a Conditional Use Permit. The Conditional Use Permit would give staff the opportunity to review each proposal. The burden of proof would be on the City that a business would not be allowed under the standards. Mr. Guddal stated that the definitions should be clear enough so that proposed uses do not end up in court. Mr. Guddal stated that he was concerned that the new Commissioners have not had the opportunity to become familiar with the issues concerning the City Center plan. Acting Chairman Ribbe assured Mr. Guddal that the new Commissioners had been thoroughly briefed and attended study sessions regarding the issues. Mr. Guddal asked if carpet, rug and tile businesses would be a permitted under the proposed C-4 district. Director Hurlburt replied affirmatively. Mr. Guddal commented that the new recreation center would generate a million trips per day. He asked why the City is promoting the recreational center if they are so concerned with businesses that create more traffic. Director Hurlburt replied that the recreational center projects approximately one million trips per year. She stated that the issue is for auto accessory stores is not traffic, but rather the nature of use, which is geared to motorists and not pedestrian friendly, thus not appropriate for a "downtown" setting. Mr. Guth stated that he is apprehensive about having to obtain a Conditional Use Permit and wants his property zoned CC -R. Planning Commission Minutes February 13, 1996 Page # 37 Mr. Guddal stated that the properties surrounding his property caters to the motoring public, and his property should be zoned CC -R. Acting Chairman Ribbe closed the public hearing. In response to Mr. Lis, Director Hurlburt stated that the zoning must follow definite lines based on today's parcel descriptions. She added that the boundary can be moved later, but it may not be necessary, depending upon the proposals. Director Hurlburt explained that right now everything that goes in to downtown Plymouth requires a Conditional Use Permit because of amending the Planned Unit Development. If the proposal is approved, there will be more uses that are permitted, rather than requiring a Conditional Use Permit. Mr. Lis stated that the Comprehensive Plan showed the street going through and the proposed Zoning District map does not. He stated that it does not make sense that the land north of the street is being proposed CC -RE. Director Hurlburt stated that the proposed Zoning District map shows the lines for current existing conditions. Commissioner Spigner asked what types of restaurants would not be appropriate under the proposed zoning ordinance. Director Hurlburt stated that both the CC -RE and the CC -R allow restaurants. The CC -RE allows sit down restaurants and the CC -R requires a Conditional Use Permit. Freestanding restaurants are not allowed to have drive-thrus. MOTION by Commissioner Bildsoe, seconded by Commissioner Spigner to recommend approval of the zoning map amendments, consistent with the Concept Plan and Design Guidelines and the Comprehensive Plan. Roll Call Vote. 6 Ayes. MOTION carried unanimously. Director Hurlburt stated that if the Commission wishes to change any language in the zoning ordinance, they would now need to reconsider their first action. Acting Chairman Ribbe asked if the Commissioners if anyone want to make a motion. No motion made. 6C. CITY OF PLYMOUTH (96011) Planning Commission Minutes February 13, 1996 Page # 38 Acting Chairman Ribbe introduced the request by the City of Plymouth for Revocation of Plymouth Hills MPUD (Mixed Planned Unit Development) Conditional Use Permit Number 78-2, as it applies to the property in the Plymouth City Center Area (also known as Downtown Plymouth). The City of Plymouth proposes to eliminate the MPUD designation for this area and replace it with new zoning districts establishing allowable uses and performance standards. Director Hurlburt gave an overview of the February 8, 1996 staff report. Commissioner Thompson asked if existing uses would be considered conforming. Director Hurlburt replied affirmatively. The proposed action would eliminate the Planned Unit Development from the downtown area. Acting Chairman Ribbe opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to recommend the revocation of the Conditional Use Permit for Mixed Planned Unit Development 78-2, for property located north of Highway 55 and east of Vicksburg Lane. Roll Call Vote. 6 Ayes. MOTION carried unanimously. 7. NEW BUSINESS A. 1996 Planning Commission Annual Work Program Director Hurlburt gave an overview of the February 7, 1996 staff report. Director Hurlburt stated that the City Council recently adopted their goals, so there may be some changes to adjust for the Councils' priorities. Commissioner Ribbe asked if staff had received any further correspondence regarding Metropolitan Livable Communities Housing. Director Hurlburt stated that the Metropolitan Council had approved the City's goals, with the next step being to draft a housing plan to achieve those goals. Commissioner Stoebner asked for a description of the goals. Director Hurlburt replied that the main goals are affordability, increased density, and, in increase the amount of alternatives to single family detached homes. Plymouth has a need for affordable housing of all types and the City needs to set goals to increase that amount. Planning Commission Minutes February 13, 1996 Page #39 Acting Chairman Ribbe asked in regards to the Action Plan, if staff envisions rezoning of existing housing areas or undeveloped areas. Director Hurlburt replied that realistically, only undeveloped parcels would be looked at. There is a very small of supply of land left for development. Should the urban service area need to be expanded, there would be a need to create new zoning classifications for that area. MOTION by Commissioner Berkowitz, seconded by Commissioner Spigner to adopt the work plan for 1996 and forward it to the City Council for their approval. Vote. 6 Ayes. MOTION carried unanimously. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner to adjourn. Vote. 6 Ayes. MOTION carried unanimously. Meeting adjourned at 8:30 p.m.