HomeMy WebLinkAboutPlanning Commission Minutes 11-26-1996CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
NOVEMBER 26, 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Tim
Bildsoe, Jeffrey Thompson and Roger Berkowitz
MEMBERS ABSENT: Commissioners John Stoebner and Saundra Spigner
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Planner Shawn Drill, Assistant
City Manager Kathy Lueckert, City Engineer Dan Faulkner,
Public Works Director Fred Moore, Park and Recreation
Director Eric Blank, and Clerical Supervisor Denise Hutt
1. CALL TO ORDER: 7:00 p.m.
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe to approve the
November 12, 1996 Planning Commission Minutes Vote. 5 Ayes. MOTION carried
unanimously.
5. CONSENT AGENDA:
6. PUBLIC HEARINGS:
A. CITY OF PLYMOUTH (96151)
Chairman Stulberg introduced the request by the City of Plymouth for the 1997-2001
Capital Improvements Program.
Assistant City Manager Lueckert gave an overview of the November 22, 1996 staff
report. Assistant City Manager Lueckert stated that no capital improvements are
proposed for northwest Plymouth at this time. She gave an overview of the key projects
in the first two years of the 1997-2001 CIP as listed in the staff report.
Planning Commission Minutes
November 26, 1996
Page #289
Chairman Stulberg asked if the Planning Commission were to make any decisions on
northwest Plymouth, how could they get something put back on the Capital Improvements
Program. Assistant City Manager Lueckert replied that the Capital Improvements
Program is revised each year and they will begin making revisions/additions next summer.
Commissioner Ribbe asked how firm the dates are for certain projects, such as Zachary
Lane, as it was originally scheduled for 1996. Director Moore replied that the Zachary
Lane project was delayed because of other projects, such as County Road 9 and
Fernbrook Lane, Schmidt Lake Road and Peony Lane. Director Moore added that the
Zachary Lane construction project should begin next summer, taking two construction
seasons.
Commissioner Berkowitz asked where the tenth playfield will go. Director Blank replied
that they are considering the south intersection of Vicksburg Lane and 47th Avenue. Staff
has had communications with the school district and the fire district to see if there is a
need for another elementary school and fire station. This site is big enough for a school,
fire station and playfield.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Chairman Stulberg, seconded by Commissioner Bildsoe recommending
approval of the 1997-2001 Capital Improvements Program for the City of Plymouth. Roll
Call Vote. 5 Ayes. MOTION carried unanimously.
B. THE COMMUNITY HOME PROGRAM COMPANY (96129)
Chairman Stulberg introduced the request by The Community Home Program Company
for a Site Plan, Conditional Use Permit and Variance to allow construction of a two-family
dwelling for use as a Residential Care Facility on property located at 14230 Rockford
Road.
Planner Drill gave an overview of the November 18, 1996 staff report. Planner Drill
stated that staff has received questions as to whether the City could attach a condition to a
conditional use permit for the Community Home Program Company that limits the
residents to individuals with traumatic brain injuries. He stated that staff received a letter
from the City Attorney indicating that the City can't do that. Attaching a condition to the
conditional use permit limiting the type of resident would be "more restrictive than those
imposed on other conditional users." The City doesn't dictate who can or cannot live in
any other multi -family housing, so the City can't put such a restriction on the proposal.
The character, quality, or type of person residing in a home is not something that is subject
to land use regulations. Planner Drill noted that the design of the home is geared toward
fully handicapped residents.
Planning Commission Minutes
November 26, 1996
Page #290
Chairman Stulberg commented that if the applicant applied after the proposed zoning
ordinance is in effect, they would not have had to apply for a variance, and the only issue
would be the conditional use permit for the Commission to consider. Planner Drill replied
affirmatively.
Chairman Stulberg introduced Ginger Rudberg, representing the petitioner. Ms. Rudberg
stated that she concurs with the staff report. Ms. Rudberg stated that the people they
intend to serve have degenerative diseases, and use wheelchairs. They will operate as an
adult foster care program providing 24-hour supervision, room and board for residents
ages 18 to 60.
Commissioner Ribbe asked if they serve clients that are remanded to them by the courts,
and if this is their first operation. Ms. Rudberg replied that they are not mandated by the
court to accept residents, and can choose to accept or deny residents. She stated that this
would be their first facility.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Pearl Brown of 4150 Empire Lane. Ms. Brown stated that
since she was not within 500 feet of the site, she was not notified of the hearing. Ms.
Brown wanted to know more about the long range plan for the facility, and is concerned
about the chemical dependency phrase in the ordinance. Ms. Brown questioned how
much additional traffic would take place in and out of the facility since accessibility would
be from the Plymouth Oaks residential area, and asked why they can't access off of
Rockford Road since that is their address.
Chairman Stulberg introduced Scott Johnson of 14100 -41st Avenue North. Mr. Johnson
declined to speak.
Chairman Stulberg introduced Scott Nelson of 4170 Empire Lane. Mr. Nelson wanted
clarification of where the ingress/egress would be to the site. Mr. Nelson stated that
when he purchased his home, he understood that the site would be for a potential medical
care facility. Mr. Nelson stated that his concern stems from the quick review of the legal
opinion and definition of a residential facility in the ordinance. Mr. Nelson asked what
happens if this facility doesn't work out, and what could go in next. Mr. Nelson asked
what are the conditions of a conditional use permit, and if you could have a specific
zoning code for this facility that would comply with standards.
Chairman Stulberg closed the public hearing.
Chairman Stulberg read the conditions of the conditional use permit. Planner Drill stated
that traffic would access from the 41st Avenue cul-de-sac which leads to Empire Lane. No
access is allowed from Fernbrook Lane or Rockford Road due to the proximity of the
Planning Commission Minutes
November 26, 1996
Page #291
signalized intersection at that corner. Director Hurlburt stated that one condition of the
conditional use permit is that the address will be changed to 41st Avenue.
Planner Drill stated that a conditional use permit runs with the property, however the
licensing would not. This is a specialized housing and there is a demand for it. The uses
within the home could change, but given the handicapped accessible design, it would likely
stay the same. Director Hurlburt stated that the City Attorney's letter states that you
can't single out a specific zoning district for this facility. State law says you have to allow
for certain uses in a residential area. Planner Drill stated that the traffic impact from the
home would be barely noticable.
Ms. Rudberg stated that their long range plan is to run the facility for as long as possible.
The nature of the design of the house would allow it to go back to single family dwellings
for a family of handicapped individuals or elderly housing if the facility didn't work out for
some reason. Ms. Rudberg stated that they are conscientious of property values also.
Chairman Stulberg asked if their care givers are licensed to handle residents with chemical
dependency. Ms. Rudberg replied negatively. She added that she can't say that a resident
won't have a chemical problem, but they will require the resident to get treatment
elsewhere. Ms. Rudberg indicated that they are a non-profit agency. They contract out
for the care and programs for the residents. They would operate three shifts with
personnel working 40 hours per week. Not many residents will have cars so the staff
could use the garage and driveway spaces for their vehicles. Several residents could be
involved in a day program so they may have an accessible van. Guests and family
members are allowed to come and go as they please.
Commissioner Bildsoe asked if a resident could have a vehicle. Ms. Rudberg replied
affirmatively. Commissioner Bildsoe asked if there is enough room on the driveway pad
for cars. Planner Drill replied that there is room for two in front of each garage.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending
approval of the Site Plan, Conditional Use Permit, and Variance for The Community
Home Program Company for property located in the northeast quadrant of Rockford
Road and Fernbrook Lane. Roll Call Vote. 5 Ayes. MOTION carried unanimously.
C. TOWN AND COUNTRY HOMES, INC. (96161)
Chairman Stulberg introduced the request by Town and Country Homes, Inc. for a Land
Use Guide Plan Amendment from CS (Commercial Service)/C (Commercial) to LA -3
High Medium Density Residential/Living Area 3) and Sketch Plan for a 159 -unit
townhome community located in the northwest quadrant of Highway 55 and Dunkirk
Lane.
Planning Commission Minutes
November 26, 1996
Page #292
Planner Drill gave an overview of the November 20, 1996 staff report. Director Hurlburt
asked Planner Drill to explain what other steps there are if the Land Use Guide Plan is
approved. Planner Drill explained that this is the initial stage, and if approved, the
applicant would come back to staff with a Rezoning, Site Plan, and Preliminary Plat
application, at which time there would be an in-depth analysis of drainage, streets, etc.
The first step is to see if the site will be established as residential. Chairman Stulberg
commented that the Commission is only reviewing the Land Use Guide Plan request.
Chairman Stulberg introduced Al Block, representing the petitioner. Mr. Block stated that
Town & Country Homes began building in Minnesota in 1993 and is owned by the Ryan
family from Chicago. They have built single family dwellings in Maple Grove and
Woodbury. They completed townhome communities in Burnsville and Eagan last March.
Mr. Block presented photos of model units. The purchase prices range from $80,000 to
125,00 with the average being $113,000. Their target market is empty nesters, or
people moving down to lower maintenance units. The units are sold as permanent
residences not as rentals. On occasion they will have an investor buy one or two units and
rent out. Mr. Block stated that ten to twelve percent of the total units could have children
with a total projected at 16 to 20. He stated that they will have some cars outside, but it
will be manageable and they will work with staff on offstreet parking spaces if the
application is approved. Mr. Block stated that recent data pulled for 1995 and 1996 show
townhomes appreciate at the same rate as single family dwellings. The average time on
the market was within two days of each other. Mr. Block stated that they have extensive
deed restrictions with their homeowners association and that they hire professional
management companies to oversee the association rules.
Chairman Stulberg introduced Bob Smith, representing the petitioner. Mr. Smith stated
that he is available for questions.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Jerry Mossmann of 4085 Everest Lane. Mr. Mossmann
stated that he is a resident of Holly Creek, and was not invited to the meeting. Mr.
Mossmann asked what the proposal will do to their property values and the traffic flow.
He stated that the homes in Holly Creek are of substantial size and there is quite a contrast
of transition to this proposal.
Chairman Stulberg introduced Alan Napier of 16520 -39th Avenue North. Mr. Napier
stated he is a resident of Westbranch and shares the same concerns as residents of Holly
Creek with respect to the transition of the low density of Holly Creek and Westbranch to
this proposal of high density, especially with only one road to serve the area. Mr. Napier
stated that he agrees the parcel should be zoned residential, but questioned why the
density has to be so high. He asked why it couldn't be LA -1 or LA -2. Mr. Napier stated
that he was advised of a meeting with Town and Country a few days in advance, with
nothing to the residents before hand. He stated that it seemed the meeting was just a way
Planning Commission Minutes
November 26, 1996
Page #293
for Town and County to find out what concerns the residents would have with the
proposal. Mr. Napier stated that he asked questions about the Town and Country
organization and was told that they would fax information to him, but he never received it.
Mr. Napier commented that he would like the item tabled so that the residents can obtain
additional information. Mr. Napier stated that there will be other applications in the future
for this property, and it should be rezoned for less density or not changed at all. Mr.
Napier did not agree with Mr. Block's reference to the projected number of children, as
the Wayzata School District states .68 per dwelling which would be 116 children. He
added that Kimberly Lane is already at 80% capacity.
Chairman Stulberg introduced Randy Ridings of 16500 -39th Avenue North. Mr. Ridings
stated that he was concerned with congestion and traffic on the road.
Chairman Stulberg introduced Therese Stover of 16620 -39th Avenue North. Ms. Stover
stated that her main concern is traffic on 39th Avenue and Dunkirk Lane. It has the
potential of very hazardous intersection, as there is a bus stop there. She stated that there
is more traffic going on Highway 55 and there will be a need for a barrier at the taxpayer's
expense. Ms. Stover stated that Town and Country is not the only one that is willing to
buy the land. She questioned why it has to be zoned LA -3.
Chairman Stulberg introduced Jerry Theis of 16800 Highway 55. Mr. Theis, owner of the
property stated that the project would be a very good transition of the adjoining land uses.
Chairman Stulberg introduced Susan Path of 16815 -40th Place North. Ms. Path stated
that most of the residents in Holly Creek are opposed to 159 units so close to their homes.
When they purchased their home, the commercial part was being used to grow pumpkins.
She questioned why it can't be zoned LA -1. Ms. Path was concerned with additional
traffic. Ms. Path thought a better plan could have been made for transition.
Chairman Stulberg introduced Dr. Thomas Franke of 16635 -39th Place North. Mr.
Franke was concerned with additional traffic and the habitat and wetlands. Mr. Franke
stated that they should make this a low density residential area.
Chairman Stulberg introduced John Byers of 3895 Comstock Lane North. Mr. Byers
stated that he would like the item postponed as residents have not been made aware of
proposal. Holly Creek residents were not notified since they are not within 500 feet of the
proposal, and many individuals could not attend the meeting because of it being a holiday
week.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated that the meeting that was held by Town and Country was not
sponsored or run by the City. The City can not require a developer to have a meeting or
who to invite to their meeting. Chairman Stulberg stated that it is the job of the Planning
Planning Commission Minutes
November 26, 1996
Page #294
Commission to support the comprehensive plan, which allows the resident or developer to
come before the Commission to request any change they want. That is why the
Commission is looking at LA -3 guiding. The City can't tell the applicant that the City is
going to wait until someone else wants to request LA -1 guiding.
Pertaining to traffic issues/concerns, City Engineer Faulkner stated that Dunkirk Lane is a
major collector and is designed to handle a fairly large amount of traffic and provides a
through movement. The proposal will produce less traffic than a commercial development
and disburse traffic more evenly over time. He did not project any congestion problem at
the 39th Avenue intersection. He was not aware of a bus stop at the intersection, but that
is not unique, and traffic has to stop in both directions for the bus. City Engineer Faulkner
stated that Highway 55 is a state highway and they are responsible for any noise barriers.
There are none to date and a request would have to be made to the Minnesota Department
of Transportation to receive one. Chairman Stulberg asked if there were any other
residential areas close to a major highway. City Engineer Faulkner replied that residents
along Highway 169 were promoting a noise barrier through MnDot, but the request did
not go very far as it is a big expense. Direct Hurlburt stated that there are residential areas
in closer proximity to Interstate 494 and Highway 169 than this proposal is to Highway
55.
Chairman Stulberg asked about plans for Highway 55 going to a limited access freeway.
City Engineer Faulkner replied that he was not aware of any plans for that.
Planner Drill pointed out on the commercial and LA -1 guided property for the area on the
1993 comprehensive plan. He indicated that there is a small triangular piece in the
northeast corner that is LA -1 and the rest is guided CS. The property has been guided
commercial since 1989 or before. Director Hurlburt stated that the City is updating the
comprehensive plan map and has been through the public process to realign the boundary
areas to the property lines.
Chairman Stulberg asked what the uses are under CS guiding. Planner Drill replied some
uses are banks, restaurants, auto uses, and gas stations.
Chairman Stulberg stated that he hoped Mr. Block heard the concerns of the residents.
Mr. Block stated that he will fax the information to Mr. Napier that he requested. Mr.
Block stated that these townhomes are not family oriented. They base the anticipated
number of kids within the development on the demographics of who they market to and
who is buying this type of housing.
Chairman Stulberg asked the applicant what they envision for transition such as
landscaping. Mr. Block replied that along the eastern boundary which is Dunkirk Lane,
they will place intense landscaping corridor trees that produce screening. They do have
some NURP ponds that create a buffer. Planner Drill showed a plan depicting the wetland
where the applicant proposed to fill a small area of wetland to get the road through.
Planning Commission Minutes
November 26, 1996
Page #295
Chairman Stulberg asked how the wetland ordinance protects the habitat. Planner Drill
stated that the ordinance requires a buffer. As the project moves forward, staff would
review the necessary requirements. He added that there will be more public hearings on
the rezoning, and platting of the property and that the developer would submit a site plan
responding to any comments made tonight.
Commissioner Bildsoe asked for clarification of the notification procedure. Planner Drill
replied that a legal notice was published in the Sun -Sailor and a sign was placed on
Dunkirk Lane. Property notices were mailed to all residents within 500 feet of the site.
Commissioner Berkowitz asked if there was any other areas of LA -1 adjacent to LA -3.
Planner Drill replied affirmatively, citing County Road 47 and Interstate 494, the Parkers
Lake Development off of Vicksburg and Rockford Road and Zachary Lane.
Commissioner Bildsoe commented that by seeing the sketch plan, it influences his vote.
He stated that he might agree with reclassification, but disagrees with the sketch plan. He
asked if they are to evaluate the proposal on the guiding only and not the sketch plan.
Director Hurlburt stated that the Commission should evaluate the guide plan change on
the overall criteria, and should merely give comments to the applicant on the sketch plan.
She stated that the developer should take into account any comments made before they go
to the next step, but are not bound to make changes. She added that the guiding would
stay LA -3 if approved. Commissioner Bildsoe didn't think that commercial zoning is
appropriate.
Commissioner Berkowitz asked if it could be developed with LA -2 guiding. Director
Hurlburt stated that the main difference is the density. Townhomes could be built in LA -2
but it would not allow as many units.
Commissioner Thompson stated that if it is changed to LA -3, a lot of control is given up.
Director Hurlburt stated that the reguiding process is the highest level of discretion the
City has. Commissioner Bildsoe stated that if it is left as is, someone could propose a
commercial development. Director Hurlburt concurred and the City would have a hard
time denying a commercial development application since the site is already guided
commercial and such a development would be compatible with the comprehensive plan.
MOTION by Chairman Stulberg seconded by Bildsoe recommending approval of the
Land Use Guide Plan Amendment for Town and Country Homes, Inc. for property
located in the northwest quadrant of Highway 55 and Dunkirk Lane.
Commissioner Thompson stated that he is troubled with high density housing next to low
density housing, and that this is the last position for discretion. Commissioner Bildsoe
stated that if they don't change the guiding it could be commercial and there's not much
we can do. Commissioner Bildsoe stated that commercial is less appropriate than LA -3,
Planning Commission Minutes
November 26, 1996
Page #296
and that LA -3 gives better transition than commercial. He stated that he doesn't like the
density, but if you vote against you are opening it up to commercial. Commissioner
Berkowitz stated that he concurs with Commissioner Thompson. He stated he was
concerned with the variability of density of the site. LA -3 has a wide range of uses and
densities, and low density would be better. He stated his concern with potential shared
residential traffic, and LA -2 would be more appropriate. Commissioner Ribbe asked if
their choice is to leave it as is or change to LA -3. Chairman Stulberg stated that they
could also table the item. Commissioner Bildsoe stated that the Commission could initiate
a change to LA -2. Commissioner Thompson stated that he didn't think commercial is a
realistic problem in the near future. He agreed that they could initiate an action to change
to LA -2. Planner Drill stated that under LA -2 they would be allowed three to six units per
acre. Director Hurlburt stated that a request for LA -2 would not meet the goals under the
Livable Communities Act.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to table the
item to the December 10, 1996 Planning Commission Meeting. Chairman Stulberg
commented that the public hearing has been closed on this proposal. Roll Call Vote. 3
Ayes. MOTION carried on a 3-2 Vote. (Chairman Stulberg and Commissioner
Berkowitz voted Nay.)
Chairman Stulberg called a recess at 9:07 p.m. and reconvened the meeting at 9:18 p.m.
7. OLD BUSINESS
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 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.
Director Hurlburt stated that public hearings were held on November 12 and 19th. The
item was tabled for a final look at this meeting. The Commission should take action on
final changes to the text and the map. The next step would be to send it to City Council
for adoption of the new ordinance and map, as amended. If approved by the Planning
Commission at this meeting, the City Council will consider the zoning ordinance at a
special meeting on December 11, 1996 at 7:00 p.m. The ordinance becomes effective
upon adoption. Director Hurlburt gave an overview of changes for the Planning
Commission to consider since their last meeting. There is one additional text change (#85)
which affects Page 115 of the ordinance. There are three additional changes to the draft
zoning map: 1) Plymouth Shopping Center (GEM Enterprises) #16 - recommend change
from C-2 to C-3; 2) Wheel Center (Schiebe) located at 11110 Highway 55 #17 -
recommend change from C-3 to C-2; and, 3) Soo Line East, Lundgren Bros. #18,
recommend change from RSF-2 to PUD.
Planning Commission Minutes
November 26, 1996
Page #297
Chairman Stulberg reviewed a letter dated November 20, 1996 from Shirley Ye of 85
Kingsview Lane. Ms. Ye stated in her letter that she was concerned about the deletion of
so much of the proposed ordinance controlling the storing of recreational vehicles. She
stated that recreational items should not be stored in a person's front yard during the off
season but having to build fences and buildings to hide them is not only expensive, but
probably an impossibility in some areas. She stated that the City of Plymouth must being
to pay attention to the older areas in the City to prevent suburban blight.
MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending
approval of text change #85 to Page 115, Section 21120.01, Subd. 4. to make it clear that
accessory buildings include detached garages, and that accessory buildings may occupy
more than thirty (30) percent of the area of the required rear yard if a conditional use
permit is issued and to delete Subd. 5 in its entirety. Vote. 5 Ayes. MOTION carried
unanimously.
MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson to
recommend approval of map changes #16 for Plymouth Shopping Center from C-2 to C-
3; #17 for the Wheel Center to recommend a change from C-3 to C-2; and #18 for Soo
Line East to retain the PUD.
MOTION to Amend by Commissioner Bildsoe, seconded by Commissioner Thompson
to delete #18. Vote. 5 Ayes. MOTION carried unanimously.
Vote on Main MOTION. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson to
recommend approval of map change #18 for Soo Line East from RSF-2 to PUD. Vote. 4
ayes. (Commissioner Bildsoe abstained.)
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to recommend
a typographical correction to Page 190, Section 21195.01, Subd. 5 "an" should be "a".
Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to
recommend approval of adoption of the new zoning ordinance and map as amended.
Vote. 5 Ayes. MOTION carried unanimously.
Chairman Stulberg expressed his thanks to consultant David Licht, city staff, Planning
Commissioners, City Attorney and the residents for all the hard work and numerous hours
that they put in on the proposed zoning ordinance.
8. NEW BUSINESS
Planning Commission Minutes
November 26, 1996
Page #298
A. CITY OF PLYMOUTH (96181)
Chairman Stulberg introduced the request by Planning Commissioner Timothy Bildsoe for
the Planning Commission to consider changing the land use guide plan classification of the
Seven Ponds commercial site to "CO", Commercial Office.
Director Hurlburt gave an overview of the November 20, 1996 staff report. She stated
that staff recommends that a hearing be set for the second regular meeting of January,
1997. Commissioner Bildsoe commented that this area needs to be evaluated and that it is
good for the Planning Commission to be proactive. He stated that he recommends
reguiding and then rezoning to O -R, which provides harmonious mix with residential.
Chairman Stulberg introduced David Slavik of 3325 Everest Court. Mr. Slavik expressed
his thanks for consideration of the concerns/issues of the surrounding residents. He
indicated that he started a petition for the neighborhood and has obtained 70 signatures
thus far. Mr. Slavik stated that he would like the zoning to be O -R, as he doesn't feel that
the current zoning is compatible with the surrounding neighborhood. He stated that the
residents are concerned with noise, odors, light and sound from the property. He added
that the current zoning will have an adverse affect on their property values and enjoyment
of their propery.
MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to hold a
public hearing at their second regular meeting of January, 1997. Chairman Stulberg
commented that there will be a different Planning Commission in January, as two
Commissioners were elected to the City Council. He stated that he will vote in favor of
the motion to take a look at it, but will not say whether he is for and against it until all the
research has been done. Vote. 5 Ayes. MOTION carried unanimously.
B. CITY OF PLYMOUTH (96175)
Chairman Stulberg introduced request by the City of Plymouth to consider changes to the
City Code providing for the number of dogs allowed to be kept without a kennel license.
Planning Supervisor Senness gave an overview of the November 21, 1996 staff report.
Chairman Stulberg asked if dogs still have to be licensed. Planning Supervisor Senness
replied affirmatively. Commissioner Ribbe asked what the provisions are for restraints.
Director Hurlburt read from the City Code that dogs must be under restraints at all times
while outdoors.
Commissioner Berkowitz asked if Option #2 exists anywhere else. Planning Supervisor
Senness replied that Option #2 was suggested by the Carons who brought this matter to
the Planning Commission. Director Hurlburt stated Commissioner Spigner called her to
say that she is in favor of increasing the limit to three dogs.
Planning Commission Minutes
November 26, 1996
Page #299
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to recommend
that the City Code be changed to allow three dogs by right. Commissioner Berkowitz
stated that looking at the City of Edina, they have a public hearing process to request an
exception to the Code, and perhaps that would be the best alternative. Director Hurlburt
stated that the City Council can amend the City Code without holding a formal hearing.
Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to set a public
hearing for the second regular meeting of January, 1997 to initiate a reguiding from CS to
LA -2 for the northwest quadrant of Highway 55 and Dunkirk Lane. Vote. 4 Ayes.
MOTION carried on a 4-1 Vote. (Chairman Stulberg voted Nay.)
Chairman Stulberg stated that he will not be able to attend the Planning Commission
meetings of December 10thh
and
17th
Consultant David Licht thanked the Commissioners for the opportunity to work with them
and commended them on their participation in the zoning ordinance process.
Commissioner Berkowitz asked when the Council will meet to appoint new
Commissioners. Director Hurlburt stated that the terms run through January and no
meeting has been set yet.
Commissioner Berkowitz stated that he may have a conflict with the meetings in
December. Commissioner Thompson stated that he may not make the December 17
meeting.
MOTION by Commissioner Ribbe, seconded by Commissioner Berkowitz to adjourn.
Vote. 5 Ayes. The meeting was adjourned at 10:07 p.m.