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HomeMy WebLinkAboutPlanning Commission Minutes 11-19-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 19, 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe, Jeff Thompson, Roger Berkowitz and Saundra Spigner MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill, and Clerical Supervisor Denise Hutt 1. Call to Order: 2. Public Forum: 3. Approval of Agenda: 4. Approval of Minutes: None. 5. Consent Agenda: No items. 6. Public Hearings: A. CITY OF PLYMOUTH (95100) Chairman Stulberg introduced the request by the City of Plymouth for adoption of Chapter 21 of the Plymouth City Code to establish a new Zoning Ordinance for the City of Plymouth, including adoption of a new map of zoning districts, repealing in its entirety Ordinance No. 80-9 and all amendments thereto. (Continuation of public hearing). Director Hurlburt gave an overview of the background and history stating that this is the first major update since 1980. Staff has been working on the zoning ordinance for the last 18 months. The zoning ordinance must change as market and land uses change. Director Hurlburt stated that it is expected that there will be more technical corrections and changes to the ordinance. Director Hurlburt stated that after testimony is heard, the Commission may close the hearing and take action on the Ordinance. As of yet, there has not been a definite date for the ordinance to go before the City Council. Planning Commission Minutes November 19, 1996 Page #280 Pertaining to the ordinance text, Director Hurlburt stated that sign regulations, antenna regulations, city center districts, environmental districts (shoreland, floodplain and wetland regulations) have not changed. Every piece of property in the city has a new district and there have been a number of text changes since September. The City Council ordered some changes and suggested alternatives for the Commission to consider. Director Hurlburt gave an overview of new changes since the November 12th meeting: Changes include: administrative permits for transient merchants were removed from the R Districts; commercial recreation, indoor was added as a conditional use permit in the Industrial Districts; and, up to 50% office by right in existing buildings in the I-2 District, which carries over in the I-3 District (can go over that limit by Conditional Use Permit). Director Hurlburt stated that state law dictates that if less than a year has passed on a preliminary plat and less than two years has passed on a final plat, you are prohibited from changing the zoning. Until that time period has passed, the owner has the right to proceed under the old ordinance. Director Hurlburt gave an overview of additional letters and testimony pertaining to map changes. All four lots for Plymouth Ponds Industrial Park (Site #4) have received final plat approval, and staff recommends that it be placed in the I-1 District. After the time period has passed, they will have to abide by the I-1 District requirements. Staff received a letter dated November 19, 1996 from Linda Fisher representing Hans Hagen Homes pertaining to Seven Ponds (Site #5). Ms. Fisher requested that the City retain the current PUD designation for the site. Director Hurlburt noted that the property is guided CS (Service Business) now and that the property fits into a number of classifications that are compatible. Staff recommends the PUD designation be retained. If the Land Use Guide Plan classification of this site is changed, a rezoning would follow in a separate action. Since the last meeting, staff received a request from one of the Commissioners to reguide the property. This has to take place separate from the Zoning Ordinance, as it needs a public hearing. The owner of the Lakepoint Distribution Center (Site #6) finds the I-1 classification unacceptable. They have a couple of lots that received final plat approval less than two years ago. Staff has changed the recommendation to leave property in the PUD for the entire industrial portion of the Parkers Lake MPUD 83-1. This recommendation is based in part on the fact that none of the traffic for the industrial shares with the residential area, so the PUD could be maintained. Director Hurlburt recommended that the Commission make decisions on the text and map changes. Commissioner Thompson asked if the Commission can act on Commissioner Bildsoe's request pertaining to Seven Ponds and the Zoning Ordinance in tandem. Director Planning Commission Minutes November 19, 1996 Page #281 Hurlburt explained that the Seven Ponds issue requires a public hearing, which would not take place until January. The Zoning Ordinance can go ahead independently, and should be considered as a separate action. Chairman Stulberg continued the public hearing. Chairman Stulberg introduced a letter dated November 19, 1996 from Gerald Kennedy of GEM Enterprises. Mr. Kennedy, owner of the Plymouth Shopping Center on Highway 55 and adjacent vacant land, was concerned that the proposed C-2 zoning did not allow for all uses currently allowed by the current B-2 zoning of the property. He indicated that he is particularly concerned about fast food restaurants, which are not allowed in the C-2 but are allowed in the current B-2 zone by conditional use permit. Chairman Stulberg introduced a letter dated November 19, 1996, from Jeffrey Minea of Welsh Companies. Mr. Minea stated his concern about how existing development would be affected by the new ordinance, and whether or not there were specific "grandfather clauses" in the ordinance for existing residential and business properties. Chairman Stulberg introduced a letter dated November 13, 1996, from Matt Van Slooten of Carlson Real Estate Company. Mr. Van Slooten reiterated some of the concerns he expressed verbally at the hearing on November 12. These concerns related to the percentage of office uses in the I-2 district, as well as the uses allowed in the B -C (Business Campus) zoning district. Chairman Stulberg introduced Hans Hagen of 941 NE Hillwind Road, Minneapolis. Mr. Hagen stated that he purchased the property at Highway 55 and County Road 24 15 years ago and applied for a PUD, which was required to follow the Land Use Guide Plan Map under the Comprehensive Plan. Mr. Hagen stated that people were told when they bought property that the surrounding area was zoned commercial. Mr. Hagen stated that he has been paying assessments at the commercial/industrial rates for the property. Mr. Hagen encouraged the Commission to retain the PUD designation. He stated that he would like to work with the Commission, Council and residents to mitigate the impact of the commercial property. Chairman Stulberg introduced Jerry Kennedy of 5334 Nathan Lane North #2. Mr. Kennedy stated that he has owned the Plymouth Shopping Center since 1979. Mr. Kennedy reiterated his concerns that he expressed in his letter dated November 19. Mr. Kennedy was concerned that the proposed C-2 zoning did not allow for all uses currently allowed by the current B-2 zoning of the property. He indicated that he is particularly concerned about fast food restaurants, which are not allowed in the C-2 but are allowed in the current B-2 zone by conditional use permit. Chairman Stulberg introduced Rick Martens of 2955 Regent Avenue North, Golden Valley. Mr. Martens stated that he represents United Properties (Site #6) and supports the recommendation by staff to retain the PUD designation for the entire industrial portion of the Parker Lake MPUD 83-1. Planning Commission Minutes November 19, 1996 Page #282 Chairman Stulberg introduced Leroy Reinke of 14411 County Road 6. Mr. Reinke questioned how the allowable area of residential accessory building would be calculated; specifically, how is 30% of the required rear yard calculated. Mr. Reinke stated that he would like to see the word "required" taken out of the rear yard. Chairman Stulberg introduced Harvey Schiebe of 1215 Goldenrod Lane. Mr. Schiebe, owner of the "Wheel Center" building at 11110 Highway 55, questioned the proposed C-3 zoning of his property, indicating that he preferred C-2 or C-4. Chairman Stulberg introduced Lou Suski of 1018 Twelve Oaks Center. Mr. Suski, stated he is an industrial broker currently leasing Carlson Business Center. He questioned the limitation of office uses in the I-2 and I-3 districts to 25% of the principle structure. He requested that the Commission increase it to 50% by right to reflect the requirements of the existing zoning under which all existing buildings were constructed. Chairman Stulberg introduced David Weigman of Carlson Real Estate Companies. Mr. Weigman suggested flexibility in the C-2 zoning to allow some uses that are proposed to be allowed in the C-4 district if they were smaller in size. Chairman Stulberg introduced Jeff Minea of 18805 -37th Avenue North. Mr. Minea questioned how existing development would be affected by the new ordinance, and whether or not there were specific "grandfather clauses" in the ordinance for existing residential and business properties. Chairman Stulberg introduced Darcy Winter, real estate broker currently working for GEM Enterprises. Ms. Winter was concerned that the proposed C-2 zoning did not allow for all uses currently allowed by the current B-2 zoning of the property. She stated her preference for C-3 zoning. Chairman Stulberg introduced Don Smith of 10215 -31st Avenue North. Mr. Smith expressed thanks to staff for all their help. Chairman Stulberg introduced Bruce Johnson of 820 Shenandoah Lane. Mr. Johnson questioned where the grandfather clauses are in the proposed zoning ordinance. Mr. Johnson asked how the Hennepin County Adult Correction Facility will be affected by the proposed new ordinance. Mr. Johnson asked why only residents are allowed to sell items at garage sales in residential areas. He asked about non-resident family members. Mr. Johnson stated that the penalty clause is too severe. MOTION by Commissioner Spigner, seconded by Commissioner Thompson to keep the public hearing open until November 26, 1996. Commissioner Spigner stated she would like to leave the hearing open for an additional week because of the number of changes to allow people the opportunity to look over the changes. Planning Commission Minutes November 19, 1996 Page #283 Commissioner Bildsoe asked when the City Council is scheduled to consider the proposed new ordinance. Director Hurlburt replied that the Council may schedule a special meeting for December 11 to consider the proposed new ordinance. Discussion took place regarding whether to continue the public hearing. Commissioner Spigner stated that residents have the right for an opportunity to look over and absorb the changes, and to make any comments they deem appropriate. Commissioner Berkowitz commented that this hearing was the second opportunity for residents to state their concerns. He stated that he would be happy to close hearing, and asked if the Commission is bound to take action at this meeting. Chairman Stulberg replied negatively. Commissioner Thompson stated that the public may have more comments to make. Commissioner Ribbe asked what else would be coming from staff pertaining to the new ordinance. Director Hurlburt replied that as the hearing remains open, more questions and comments are received each day. She stated that the Commission can use the following 90 -day period for additional changes for clean up and corrections, and that there is a certain point to stop and adopt. SUBSTITUTE MOTION by Commissioner Berkowitz to keep hearing open to allow for comments from Mike Leuer. MOTION failed due to lack of a second. Chairman Stulberg stated that he will not support the motion, as the Commission can start to take action. There have been many city meetings and hearings pertaining to the proposed ordinance, with an appropriate time for input. Commissioner Ribbe agreed with Chairman Stulberg, stating that it is time to move forward with the proposed ordinance. Roll Call Vote. 2 Ayes. (Chairman Stulberg, Commissioners Stoebner, Bildsoe, Berkowitz, and Ribbe voted Nay. MOTION failed on a 2-5 Vote. Chairman Stulberg closed the public hearing. In response to Mr. Kennedy's question pertaining to uses allowed in the C-2 and C-3 zoning districts, Director Hurlburt replied that most uses fit into the C-2 district except for fast food. The process for rezoning and conditional use permits takes about the same amount of time. Mr. Licht stated that the basic issue staff addressed when revising the current ordinance was the lack of control or certainty of the districts. There are several options available that one could rezone one or two parcels into a C-3 district or request a PUD zoning district. Mr. Licht stated that in terms of flexibility pertaining to Mr. Lis' letter of November 19, the proposed ordinance will have to change as marketing changes. If there are activities coming forth that are changing in respect to their mode in dealing with the public, staff needs to be able to look at the request instead of giving a blanket approval. Planning Commission Minutes November 19, 1996 Page #284 Chairman Stulberg asked that staff continue working with Mr. Kennedy and Mr. Schiebe in regards to the zoning for their properties, and to keep Ms. Winter informed also. In response to Mr. Johnson's and Mr. Minea's question pertaining to the grandfather clause, Mr. Licht stated that Pages 96 through 100 of the draft ordinance contain provisions for "grandfathering" non -conforming uses, structures and lots. Single family dwellings are exempt as long as they don't intensify the situation any further. Mr. Licht stated that Pages 102 and 103 of the proposed ordinance state that the traffic view at intersections can not be obstructed because of safety purposes. There are some restrictions to tree size, and the zoning administrator can have trees removed if there is a safety hazard. Mr. Licht stated that while criminal penalties for violation of a zoning ordinance are rare, this is the current penalty for all city code violations and is prescribed by state law for misdemeanor offenses. Mr. Licht stated that the 96 -hour period is from City Code as it exists today. Pertaining to the Hennepin County Adult Correctional Facility (ACF), Mr. Licht stated that the ACF will be in the P -I (Public Institutional) zoning district, where it will continue to be a conditional use as it is today. All existing standards have been carried over into the new ordinance. In response to Mr. Johnson's question regarding garage sales in residential areas, Director Hurlburt stated that the provisions regarding garage sales in residential were stricken from the ordinance by the Commission. In response to Mr. Reinke's request to drop the word "required", Planning Supervisor Senness stated that the intent is to keep the proportion appropriate with the lot. Director Hurlburt stated that if you took "required" out, you allow too much building. In response to Mr. Suski's concerns, Director Hurlburt stated that staff has recommended a change to the I-2 zoning district to 50% office for permits pulled by the end of the year. A property owner could request a conditional use permit for anything greater. Mr. Licht commented that if we start lumping everything together, then we are back to one district. Commissioner Berkowitz asked if staff's recommendation of the office use permitted is identical for the I-2 and I-1 districts. Director Hurlburt replied negatively. In the I-2 district, 50% is allowed by right for permits issued this year, more if by conditional use. New buildings in the I-1 district would be allowed 50% by right and the I-2 district after this year, 25% by right. In response to Mr. Minea's questions, Director Hurlburt stated that Pages 96 through 100 of the draft ordinance contain provisions for "grandfathering" non -conforming uses, structure and lots. Furthermore, if less than one year has passed since approval of a Planning Commission Minutes November 19, 1996 Page #285 preliminary plat, or less than two years have passed since approval of a final plat, no amendments to the Comprehensive Plan or zoning ordinance may apply to or affect the use of the property. This is a requirement of Minnesota Statutes Chapter 462.358 Subd. 3c. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe to take action on the proposed zoning ordinance. Commissioner Thompson asked if the motion is to move forward on individual items. Chairman Stulberg replied affirmatively. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending not to delete the paragraph requiring that except in the FRD District, residential accessory structures over 120 sq. ft be constructed with a design consistent with the general character of the principal structure on the lot on Page 108 Section 2115.03 Subd. 2(a.). Commissioner Thompson asked if that is in reference to aesthetic designs. Director Hurlburt replied that it is to try and stop something that is so totally out of character for the neighborhood, such as a metal pole building with a dirt floor in a residential area. Commissioner Spigner stated that she thought she heard staff say previously that you could build whatever you want in the back yard. Director Hurlburt replied that the size of buildings is not the issue, rather the type of construction is the issue. This is to try to protect property values. Commissioner Thompson stated that he did not see a lesser restrictive alternative. Vote. 7 Ayes. MOTION carried unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Thompson to leave the minimum lot width requirement at 100 feet on Page 201, Section 21355.13 for Table of Area Requirements and Construction Limitations. Commissioner Spigner asked what was the reason behind the Council suggesting a change to 110 feet. Director Hurlburt replied that the minimum lot width requirement in the existing ordinance is 110 feet. Chairman Stulberg stated his preference for 100 feet. Vote. 7 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of text changes #5 through #23 and changes #77 through #79. MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Thompson to remove item #11. Director Hurlburt stated that the draft had a length and weight limit for trucks, and staff is recommending removal of the weight limit. She stated that this only applies to residential. Chairman Stulberg stated that the change is saying to leave as it is in the current ordinance. Commissioner Berkowitz commented that this would make it too hard to enforce. Vote. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes November 19, 1996 Page #286 MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Ribbe to delete everything after the word "District" in item #23 and delete everything after "1-2 district" in item #79. Director Hurlburt stated that #79 modifies #23. Commissioner Berkowitz commented that the motion goes beyond that. Chairman Stulberg asked about permitted uses. Commissioner Berkowitz stated the intent is to allow 50% office by right in the I-1 district. Commissioner Spigner commented that it is an opportunity to clean up an area that we were not able to before for bakery and wholesale. Vote. 5 Ayes. Chairman Stulberg and Commissioner Thompson voted Nay). MOTION carried on a 5- 2 Vote. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to delete item #8. Vote. 7 Ayes. MOTION carried unanimously. Vote on Main Motion as Amended. Vote. 7 Ayes. MOTION carried unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Stoebner to approve items 24 through 76 and #80 through #84 of the text changes. Vote 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Bildsoe, seconded by Commissioner Spigner to approve the Item #1 through #7 of the zoning map changes. MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Thompson to delete #3 (Plymouth Technology Park). 7 Ayes. MOTION carried unanimously. Vote on MAIN MOTION. 7 Ayes. MOTION carried unanimously. Commissioner Berkowitz stated that the Commission heard the property owner's desire to use the property as a distribution center under the I-1 district. He stated that since there are no plans for an interchange near the property, he doesn't see it being a conducive location for a distribution center. He stated that the property would be better served remaining in an I -I classification. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to approve the change for one lot from I-1 to I-2 for Item #3 (Plymouth Technology Park). Chairman Stulberg stated that a distribution center is not the only use for I-2. Vote. 6 Ayes. Commissioner Berkowitz voted Nay.) MOTION carried on a 6-1 Vote. MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe recommending approval of Items #8 through #15 on the zoning map changes. Vote. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes November 19, 1996 Page #287 MOTION by Chairman Stulberg, seconded by Commissioner Bildsoe to adopt the proposed zoning ordinance. Commissioner Thompson commented that he would like to see the proposed zoning ordinance one more time before it goes to the City Council. Commissioners Bildsoe and Berkowitz concurred. Roll Call Vote. 3 Ayes. MOTION failed on a 3-4 Vote. Commissioners Bildsoe, Thompson, Berkowitz and Spigner voted Nay.) MOTION by Commissioner Berkowitz, seconded by Commissioner Bildsoe directing staff to prepare analysis and recommendation on two properties (Plymouth Shopping Center and Wheel Center). Roll Call Vote. 5 Ayes. (Commissioner Stoebner and Chairman Stulberg voted Nay.) MOTION carried on 5-2 Vote. MOTION by Commissioner Spigner, seconded by Commissioner Thompson to adjourn. Vote. 7 Ayes. Meeting adjourned at 9:50 p.m.