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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.