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HomeMy WebLinkAboutPlanning Commission Minutes 05-21-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 219 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe, and Saundra Spigner MEMBERS ABSENT: Commissioners Jeff Thompson and Roger Berkowitz STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: Fran Jack of 2640 Jewel Lane North asked when the City is going to start coordinating garbage collection days by neighborhoods. Chairman Stulberg requested that staff investigate and respond to Ms. Jack. 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: None. 5. CONSENT AGENDA: No Items. 6. PUBLIC HEARINGS: A. THE RICE COMPANY (96037) Chairman Stulberg introduced the request by The Rice Company for Rezoning from FRD Future Restricted Development District) to B-3 (Service Business District) for property located at the northwest corner of Highway 55 and Peony Lane. The property is guided CS (Service Business) by the Comprehensive Land Use Guide Plan. Planner Drill gave an overview of the May 17, 1996 staff report. Commissioner Spigner asked how this proposal fits in with the City's rezoning process and why the Commission is acting on this since no development is proposed. Planner Drill replied that the proposal is consistent with the Land Use Guide Plan designation for the Planning Commission Minutes May 21, 1996 Page #111 site. He stated that the applicant is requesting the rezoning to set the property up for future develoment. He add that the City is required to act on any application submitted. In addition, services are now being provided to this site, so timing for development is appropriate. Chairman Stulberg introduced Jack Rice, the petitioner and Rick Sathre, representing the petitioner. Both Mr. Rice and Mr. Sathre stated they would be available for any questions. 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 Bildsoe recommending approval of an Ordinance Amending the Zoning Ordinance to classify certain lands located at the northwest corner of T.H. 55 and Peony Lane. Roll Call Vote. 5 Ayes. MOTION carried unanimously. B. UNITED PROPERTIES (96045) Chairman Stulberg introduced the request by United Properties for a Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit to allow construction of a 112,000 square foot office/warehouse industrial distribution center located at the northwest quadrant of 25th Avenue and Polaris Lane North. Planner Drill gave an overview of the May 15, 1996 staff report. He stated that the parking lot setback is not an issue, since the proposal contains shared access. Commissioner Spigner wondered how this application fits into the realm of previous discussions pertaining to loading docks and the proximity to residential neighborhoods. Planner Drill responded that staff looked at other similar types of requests that were approved previously. There are unique circumstances related to enforcement of the new loading dock regulations on this property. The City Council approved the Preliminary Plat for this industrial development site prior to enactment of the new regulations. Substantial investment had been made in the property and the streets, lots, and utilities were laid out based on that approval. Commissioner Spigner asked how long approval lasts for a project. Planner Drill replied that a Conditional Use Permit would typically expire one to two years after approval. Director Hurlburt explained that the Conditional Use Permit on the Planned Unit Development has not expired in this case. The options for changing a layout is very limited under a Planned Unit Development approval. In this particular case, the streets and utilities are already set, and the lot layout configured. Staff has looked at minimizing Planning Commission Minutes May 21, 1996 Page #112 the number of docks, the history of the site, and previous approvals for other similar applications. Senior Planner Keho noted that a similar project that asked for the same type of Planned Unit Development flexibility was granted approval by the City Council last summer. Commissioner Spigner asked if that application requested loading docks. Senior Planner Keho replied affirmatively. Chairman Stulberg introduced Rick Martens, the petitioner. Mr. Martens gave an overview of the history of the site. United Properties has been the developer for the entire non-residential area of Parkers Lake. They originally owned 50 acres, but sold some land to TwinCorp. The original Planned Unit Development that was approved in 1988 had the buildings set differently, and would have preferred that, but changed to accommodate the sensitivity of the neighbors. They hope to begin the project this summer. Chairman Stulberg introduced Darrell Anderson of The Design Partnership Architects, representing the petitioner. Mr. Anderson commented that there is an area dedicated as a "no -build" area which gives a perpetual easement of almost 300 feet from the residential area to the loading docks. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Pamela Schreier of 15645E -24th Avenue North. Ms. Schreier stated that she moved into her home 18 months ago with the understanding that there would be a one -level office park building down the road. Ms. Schrierer stated her concern for the negative impact in property values, increased noise, late hours of operation and aesthetics of the area. Chairman Stulburg read a letter dated May 21, 1996, from Louanne and Terry Bakowski of 15610H -24th Avenue North. The Bakowski's letter stated their opposition to the construction of a 112,000 square foot office/warehouse at the northwest quadrant of 25th Avenue and Polaris Lane North. Their letter indicated that the construction of such office/warehouse will have a significant negative impact on the property values of the townhomes located at Ashburne at Parkers Lake. They are also concerned whether the future owners of the townhomes currently under construction at Ashburne have been advised of such development. Chairman Stulberg noted staff received a letter dated May 21, 1996, from Larry Laukka of Laukka Development Company. Mr. Laukka enclosed a letter from Ellen Wiese of 15635A -24th Avenue and a letter dated May 20, 1996, to Ashburne Residents. Mr. Planning Commission Minutes May 21, 1996 Page #113 Laukka's letter addressed allegations that Ms. Ellen B. Wiese, 15635A 24th Avenue made regarding her understanding of representations made to her of the disposition of Outlot A in the 10th Addition. Mr. Laukka's letter stated that Ms. Wiese alleges that he misled her by lying about the configuration of the Outlot, claiming that she was told that the open space was to be a "wild -life preserve and that it extends all the way to loop road in the business park". This configuration contradicts the exhibits and literature which the Laukka Development Company has used to describe the actual relationship of the 10th Addition to Outlot A, and to the business park. Mr. Laukka stated in his letter that the threat Ms. Wiese refers to in her letter which was forwarded to all the residents of Ashburne fails to explain that the threat implied legal repercussions should she carelessly malign him or any of his associates. Ms. Wiese's letter stated that she was wondering if the residents of Ashburne Townhomes were as shocked as she was to learn that a warehouse is going to be built east of the property. She was under the impression that the whole area was going to remain undeveloped. Chairman introduced Lisa Straight of 1563513 -24th Avenue North. Ms. Straight stated that this is her first home and admitted that she did not fully research what was proposed to be built for the area surrounding her. She stated that she was verbally told that there would be nothing built to the east of her property, on the west side of the road. Two years later one building has been built and the existing berm is ineffective and wildlife was destroyed. Ms. Straight is concerned with the negative impact on property values, loss of wildlife and the quality of life. She commented that she is extremely disappointed in a community that allows destruction of land and wildlife. Chairman Stulberg introduced Ellen Wiese of 15635A -24th Avenue North. Ms. Wiese stated that one of the motivating factors to buy in Ashburne was that the property east of her would be undeveloped. She commented that like her, other residents of Ashburne also received that impression. Ms. Wiese stated that she received a letter from Larry Laukka's attorney cautioning her not to malign him or any of his associates. Ms. Wiese stated the she is concerned with the compatibility of the proposed office/warehouse to the residential neighborhood. She is concerned with security, lighting, truck traffic, loading and unloading areas, construction debris, trash, people working outside, negative impact of property values and the preservation of wildlife. Chairman Stulberg closed the public hearing. Chairman Stulberg explained that the Planning Commission can not address the issue of property values and statements relative to what people may or may not have been told when they purchased their home. In response to questions and issues raised, Mr. Martens stated that there will be no outside storage or exterior trash containers. All trash containers will be located inside the building Planning Commission Minutes May 21, 1996 Page #114 He could not guarantee that there would not be any truck traffic at night, but most traffic would be during the day for distribution and service for a multi -tenant office/warehouse building. The only outside activity would be people coming and going from their vehicles to the building. He stated they would not be taking any action to save wildlife, but they did create a NURP pond and an additional pond that was created by previous site grading. Mr. Martens stated that there could be anywhere from three to 12 tenants that will occupy the building. Mr. Anderson stated that the lighting in the front of the building will be pole mounted box -type fixtures so the light will be cut off at .25 -foot candles. The light does not trespass off the site. The light fixtures for the building itself will be wall mounted to the building and will comply with the Zoning Ordinance requirements. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending approval of the MPUD Preliminary Plat, MPUD Preliminary Plan Amendment, Conditional Use Permit, and Final Plan/Plat for United Properties Corporation for property located northwest of 25th Avenue and Polaris Lane. Roll Call Vote. 3 Ayes. MOTION carried on a 3-2 Vote. (Commissioners Spigner and Ribbe voted Nay.) C. SCOTT RUDIN (96047) Chairman Stulberg introduced the request by Scott Rudin for a Conditional Use Permit to allow operation of a Canoe Outfitters Home Occupation out of his home at 17525 -26th Avenue North. Planner Drill gave an overview of the May 16, 1996 staff report. Chairman Stulberg introduced Scott Rudin, the petitioner. Mr. Rudin stated that his intention is to start a small part-time business to operate out of his home. He would like to work primarily with churches and Boy Scout Troops. There is adequate parking available in his driveway to accommodate three to four additional vehicles, although he does not intend to have that many people at his house at once. His business would be seasonal. He would schedule pick up and drop off times over the phone. In the winter, the canoes would be stored off-site. Commissioner Bildsoe asked if people come to his home to pick up the canoes. Mr. Rudin replied affirmatively. Commissioner Spigner asked if there was a possibility of Mr. Rudin delivering the canoes and equipment. Mr. Rudin explained that by delivering, it would increase his expenses and be more demanding on his time. Planning Commission Minutes May 21, 1996 Page #115 Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Brenda Treiber of 17510 -28th Avenue North. Ms. Treiber declined to speak. Chairman Stulberg introduced Danelle Wolf of 17510 -26th Avenue North. Ms. Wolf commented that she is concerned with increased traffic in the area during the summer months with children out of school. With increased traffic, it would add increased speed and additional strangers in the neighborhood. She is also concerned with parked cars in the driveway and on the street. Chairman Stulberg introduced Mark Wolf of 17510 -26th Avenue North. Mr. Wolf stated that he is concerned with additional traffic into the neighborhood and increased speed, especially in the winter months with the curvature of the street. He stated his concern for the hours of operation and people abiding by those hours. He thought the applicant should explore other options for the location of his business, as a multi -office area would be more appropriate. Chairman Stulberg introduced Fran Jack of 2640 Jewel Lane. Ms. Jack stated that she is concerned with the business having a negative impact on property values and that a residential area should only be for residential use, not for a business. Chairman Stulberg introduced Lucille Marinos of 17520 -28th Avenue North. Ms. Marinos stated that residential areas should be kept residential. She added that home occupation businesses should not be allowed. Chairman Stulberg closed the public hearing. In response to comments, Mr. Rudin stated that he would try to keep to the hours of operations stated in the staff report, as he does not want to make himself available after hours. He would impose a penalty for late returns and make them return the equipment during normal business hours. He stated he does not particularly want to explore other options for location of his business, as this is just an experiment to see if the business will take off. It would be too expensive to rent office space. By scheduling appointments over the phone, he could try to spread them out so he does not have several people showing up at once, but that may not always be possible. Planning Commission Minutes May 21, 1996 Page #116 Planner Drill stated that winter conditions of the street were not looked at. Chairman Stulberg asked if the equipment could be stored off-site while still completing the remainder of the business from home. Mr. Rudin replied that he has not explored the option of storing the equipment off-site and delivering the products to the client, as it would be too expensive and more time consuming. Commissioner Stoebner questioned Mr. Rudin as to how he plans to handle transactions as the business increases. Mr. Rudin explained that he would start off with six to 12 canoes. If the demand increases beyond that point, he would have to investigate other off- site alternatives. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner to recommend denial of the Conditional Use Permit for Scott Rudin for property located at 17525 -26th Avenue North. Commissioner Spigner commented that she has a hard time approving an application with a business being so close to a residential area. Commissioner Stoebner thought it is a very interesting and worthwhile business plan, but it could be disruptive to the neighborhood. Commissioner Stulberg concurred with Commissioner Stoebner and commented that his reason for denial is that the request does not meet items #1, 2, 3, 5, and 6 of the Conditional Use Permit Standards. Roll Call Vote. 5 Ayes. MOTION carried unanimously. D. THOMAS A. BARBEAU (96052) Chairman Stulberg introduced the request by Thomas A. Barbeau for a Site Plan Amendment and Conditional Use Permit Amendment to allow expansion of the service write-up area of the existing Walser Chevrolet building located at 9825 -56th Avenue North. Planner Drill gave an overview of the May 13, 1996 staff report. Chairman Stulberg introduced Thomas Barbeau, the petitioner. Mr. Barbeau stated that the purpose of the request is to add to the write up area, which will enhance the appearance of the exterior and install lighting in the parking lot to the south because of vandalism and theft. Chairman Stulberg opened the public hearing. Planning Commission Minutes May 21, 1996 Page #117 Chairman Stulberg introduced Michelle Kessler of 990017 -54th Place North. Ms. Kessler asked if the lighting could be modified, while not compromising the reason for the lighting. Chairman Stulberg closed the public hearing. Mr. Barbeau stated that the majority of the lights will be new fixtures that will be aimable and will not encroach on neighboring properties. He added that the existing lights do meet the requirements of the Zoning Ordinance. MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe to recommend approval of the Conditional Use Permit Amendment and Site Plan Amendment for Walser Chevrolet located at 9825 -56th Avenue North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. E. OLYMPIC STEEL (96058) Chairman Stulberg introduced the request by Olympic Steel for a Site Plan Amendment for a 4,800 square foot building addition and Variances for a reduced drive aisle setback to the building and increased lot coverage at 625 Xenium Lane. Senior Planner Keho gave an overview of the May 17, 1996 staff report. Chairman Stulberg introduced K. Sams, the petitioner. Mr. Sams stated that after 20 years of business, they have outgrown the office area. The addition will look like the existing building using the same types of materials. They looked at a number of possibilities for the addition. When the building was originally constructed, they did not have neighbors to consider. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced John Crow of 550 Wedgewood Lane North. Mr. Crow's stated his concern is bringing commercial and residential areas together. He asked if the applicant could build a hill next to his property to buffer it from the building and plant trees on the hill. Chairman Stulberg introduced Kirsten Voss of 525 Wedgewood Lane North. Ms. Voss concurred with Mr. Crow's suggestion for a hill to reduce the noise impact. Planning Commission Minutes May 21, 1996 Page #118 Chairman Stulberg closed the public hearing. Chairman Stulberg stated that there are certain grandfathered rights of the property owner, and the applicant has the right to request a variance and staff concurs with the request. He added that the Planning Commission can not require the applicant to build a hill and plant trees on private property; the neighbors would have to discuss that request with the applicant. The City can not get involved in the issue. Commissioner Bildsoe asked if there will be additional trees and landscaping. Senior Planner Keho replied that the applicant proposes four evergreen and two deciduous trees on the southeast corner of parking lot. There will not be any additional screening required for the parking lot. A question was asked if a homeowner can plant trees on land that is owned by the City. Chairman Stulberg suggested he talk with Senior Planner Keho to work something out with the City Forester. MOTION by Chairman Stulberg, seconded by Commissioner Spigner to recommend approval of a Site Plan Amendment and Variances for Olympic Steel, Inc. for property located at 625 Xenium Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. 7. Old Business A. LAURENT DEVELOPMENT COMPANY, INC. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner to recommend tabling the request by Laurent Development Company, Inc. for Amendments to the Land Use Guide Plan Element and Sewer Plan Element of the Plymouth Comprehensive Plan to the May 28, 1996 Planning Commission Meeting. Vote. 5 Ayes. MOTION carried unanimously. B. JERRY SISK (96055) Chairman Stulberg introduced the request by Jerry Sisk for a Site Plan Amendment, Conditional Use Permit Amendment, and Variance to enlarge the storage area at the rear of the Burger King building located at 14430 -28th Place North. A Variance is requested for an additional freestanding sign. Senior Planner Keho gave an overview of the May 17, 1996 staff report. Planning Commission Minutes May 21, 1996 Page #119 Chairman Stulberg introduced Jeff Sisk, representing the petitioner. Mr. Sisk commented that he concurs with the staff report and is available for any questions. MOTION by Commissioner Ribbe, seconded by Commissioner Spigner to recommend approval of a Conditional Use Permit Amendment, Site Plan Amendment, and Variance for Jerry W. Sisk for property located at 14430 -28th Place North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Meeting continued to the Bass Lake Room at 8:50 p.m. Meeting reconvened at 9:00 p.m. 8. NEW BUSINESS A. ZONING ORDINANCE UPDATE - SEXUALLY ORIENTED BUSINESSES Director Hurlburt introduced Craig Gerdes, Director of Public Safety, who had been working on a Sexually Oriented Business Ordinance along with Barb Cox, also from the Public Safety Department. Director Gerdes indicated that a group of employees has been working on the Sexually Oriented Businesses Ordinance for quite some time to come up with the best type of ordinance for Plymouth. Director Gerdes indicated that the City has two options regarding Sexually Oriented Businesses: 1.) the City could do nothing, or 2.) the City can regulate. But, in any case, the Supreme Court of the United States has indicated that the City can not specifically prohibit sexually oriented businesses from a community. Director Gerdes indicated that he believed it was a better approach to establish regulations before any sexually oriented businesses locate in the City. He indicated there were two major issues that were proposed in the Sexually Oriented Businesses regulations. One was the zoning regulations regarding the definitions of the businesses and where the businesses could be located and also the licensing of sexually oriented businesses. He indicated that in regards to the Zoning Ordinance, they looked at many different options regarding setbacks from residential, schools, and other types of land uses, and that the benchmark that they were striving for, was five percent of the City's land area to be available for sexually oriented businesses. He also indicated that the Supreme Court did not indicate that the City had to provide economic availability of land, but just the availability of land. Therefore, the licensing fee would be quite expensive so that the City could complete the needed background checks for any of these types of businesses. The background checks could entail going to the headquarters for any businesses such as businesses that may be located out of state; therefore, the fees could be $10,000 or more. Planning Commission Minutes May 21, 1996 Page #120 Commissioner Spigner asked if a retailer such as Blockbuster would need to have a Sexually Oriented Business license if they sold or rented adult videos. Director Gerdes indicated that a license would not be need if 10 percent or less of the business was for Sexually Oriented Business. If it was in that range, it would be considered an accessory use. Director Gerdes reiterated that the regulations do not regulate the content of adult videos, but that there are separate regulations on obscenity, and if a video is found to obscene, it is illegal and there are civil procedures that could be filed against the business owner. Commissioner Ribbe asked again about the fee for the licensing. Director Gerdes indicated the minimum fee would probably be something like $2,500. Ms. Cox indicated that a license fee could be used to do all kinds of investigation of the business, including going to the headquarters of the company. Chairman Stulberg asked if adult phone line rooms were included any of the proposed zoning regulations. Director Gerdes indicated that it is not specifically included, but that they would look into it and ask the City Attorney if it would be necessary. Chairman Stulberg asked a question about regulating people's appearance regarding clothing that would expose the naked buttocks and wondered how that relates fashion that includes thong bathing suits that may be used at other businesses. Director Gerdes indicated that if the business is an adult business and the clothing is part of that business, that it could then be regulated. But if it was not an adult business, then thong bathing suits would not be regulated. Commissioner Bildsoe asked how the ordinance regulates adult magazines for sale at convenience stores such as Super America. Director Gerdes indicated that if it was under 10 percent, then the business would not be classified as an adult business and it would be considered accessory. Director Hurlburt stated that they did do field check to look at various convenience stores and found that none of the convenience stores would be in violation of the 10 percent regulation. Commissioner Bildsoe asked if the City has a history of adult uses other than the escort service that had been shut down a year or so ago. Director Gerdes indicated that there is no record of any other one in the last four years. Chairman Stulberg asked if the City could charge fees for negative secondary affects from sexually oriented businesses. Director Gerdes said you could not specifically do that. He also indicated that Plymouth is generally not the type of City where these types of uses would locate. Director Hurlburt addressed the zoning issues stating that the primary issue was being able to provide an opportunity area for a sexually oriented business to locate, and that the setbacks proposed were essentially created in order to ensure that a minimum area would Planning Commission Minutes May 21, 1996 Page #121 be provided. Director Gerdes indicated that it was tightly constructed. Director Hurlburt stated that the calculation was based on only the area within the City's Metropolitan Urban Service Area, since no businesses could located outside of the urban area, and also all the lakes were excluded. Senior Planner Keho asked what will happen when the MUSA line is expanded, questioning if we then have to increase the opportunity area for sexually oriented businesses. Director Hurlburt said that they would need to double check that and that eventually the setbacks may need to be changed if additional areas are added into the City for urban development. Commissioner Spigner asked on a somewhat related question whether or not head shops would be addressed by this ordinance. Planning Supervisor Senness stated that that is more of a licensing issue rather than a zoning issue. Director Gerdes indicated that pawn shops and head shops already require licensing. Commissioner Ribbe wanted to make sure his understanding is correct that the City of Plymouth does not have any zoning regulations over Medicine Lake. Director Hurlburt responded affirmatively, and that that meant that an adult use could possibly locate on the edge of Medicine Lake right adjacent to Plymouth. Chairman Stulberg asked how the public hearing on this item would be held. Director Gerdes indicated that it was staffs' desire to keep this low profile and it would be just one element of the overall Zoning Ordinance; therefore, would it not be specifically highlighted, but that Director Gerdes would be available for questions, and if citizens were there on this item, he would be willing to set up meetings with the citizens outside of the public hearing. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to adjourn. Vote. 5 Ayes. Meeting adjourned at 10:00 p.m.