HomeMy WebLinkAboutPlanning Commission Minutes 05-27-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MAY 27, 1997
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe,
John Stoebner (arrived at 7:05 p.m.), Bob Stein, Jeff
Thompson, Roger Berkowitz, and Kim Koehnen
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Senness, Planners Shawn Drill, Kendra Lindahl
and John Rask, Assistant City Engineer Ron Quanbeck, and
Clerical Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe approving the
May 13, 1997 Planning Commission Minutes. Vote. 4 Ayes. MOTION carried
unanimously. (Chairman Stulberg and Commissioner Berkowitz abstained.)
5. CONSENT AGENDA:
6. PUBLIC HEARINGS:
A. KENNETH R. STREETER CO. (97027)
Chairman Stulberg introduced the request by Kenneth R. Streeter Co. for a Preliminary
Plat to replat Lots 3, 4, 5, and 6 of Block 5, Plymouth Hills Addition into three lots for
property located north of Highway 55, south of
34th Avenue, and west of Plymouth
Boulevard.
Planner Drill gave an overview of the May 20, 1997 staff report.
Commissioner Berkowitz asked if the replatting would have any impact on the previously
approved TCF Bank. Planner Drill replied negatively, and added that the TCF site plan
was based on this plat.
Planning Commission Minutes
May 27, 1997
Page #120
Chairman Stulberg introduced Matt Streeter, representing the petitioner. Mr. Streeter
stated that he concurred with the staff report and was available to answer any questions.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending
approval of a Preliminary Plat for Kenneth R. Streeter Companies for "Plymouth Hills
7th
Addition" located south of 34th Avenue and west of Plymouth Boulevard. Roll Call Vote.
6 Ayes. MOTION carried on a unanimous vote. (Commissioner Stoebner abstained due
to missing part of the staff presentation.)
B. KRAUS ANDERSON CONSTRUCTION CO. (97041)
Chairman Stulberg introduced the request by Kraus Anderson Construction Co. for
Variances and a Site Plan Amendment for an 8,620 square foot addition to the existing
Erickson's New Market.
Planner Rask gave an overview of the May 21, 1997 staff report. Planner Rask noted a
revised Site Plan was distributed shortly before the meeting indicating the deletion of
several parking spaces that are to be replaced with landscaping.
Chairman Stulberg introduced Steve Erickson, the petitioner. Mr. Erickson introduced
Steve Knutson, Terry Hart, Greg Erickson, and Gary Nielson, and stated they would be
available for any questions. Mr. Erickson stated that he concurred with the staff report.
Chairman Stulberg commended the applicant for taking the initiative to hold a public
meeting with the residents to inform them of their proposal. Commissioner Ribbe
concurred.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending
approval of a Site Plan Amendment and two Variances for Kraus Anderson Construction
Company for Erickson's New Market on property located north of County Road 6 and
West of Highway 101. Roll Call Vote. 7 Ayes. MOTION carried unanimously.
C. DANIEL AND KATHERINE ERICKSON (97043)
Chairman Stulberg introduced the request by Daniel and Katherine Erickson for two
Variances from the required side and rear yard setbacks to construct a garage at 14655-
13th Avenue North.
Planning Commission Minutes
May 27, 1997
Page #121
Planner Lindahl gave an overview of the May 21, 1997 staff report. Planner Lindahl
presented a revised resolution adding a new Condition #2 requiring the existing shed to be
removed when the new garage is completed.
Chairman Stulberg introduced Daniel Erickson, the petitioner. Mr. Erickson stated he
concurred with staff report, and indicated that the shed will be removed upon completion
of the garage.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending
approval of two Variances for Daniel and Katherine Erickson for property located at
14655 -13th
Avenue North. Roll Call Vote. 7 Ayes. MOTION carried unanimously.
D. RUSSEL AND LYNETTE DRAKE (97044)
Chairman Stulberg introduced the request by Russel and Lynette Drake for a Variance
from the front yard setback requirements for construction of a garage at 12810 -37th
Avenue North.
Planner Lindahl gave an overview of the May 21, 1997 staff report.
Chairman Stulberg asked if the relocation of the driveway would be better for safety
reasons. Assistant City Engineer Quanbeck replied that it would be no worse than
presently, and would probably be better. He stated that the Engineering Department has
no objection to moving the driveway.
Chairman Stulberg introduced Russel Drake, the petitioner. Mr. Drake stated his
concurrence with the staff report.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson
recommending approval of a Variance request for Russel and Lynette Drake for property
located at 12810 -37th Avenue North. Roll Call Vote. 7 Ayes. MOTION carried
unanimously.
8. NEW BUSINESS:
A. PLYMOUTH PONDS DEVELOPMENT (97029)
Planning Commission Minutes
May 27, 1997
Page #122
Chairman Stulberg introduced the request by Plymouth Ponds Development for a Site
Plan Amendment for three trash enclosures (8 feet x 17 feet) at Plymouth Ponds Business
Park, 3500 and 3586 Holly Lane.
Planner Rask gave an overview of the May 21, 1997 staff report. Planner Rask noted a
correction to page one of the staff report indicating that the last sentence should read
Move to recommend approval of the attached resolution denying the Site Plan
Amendment, subject to the findings contained in the resolution."
Commissioner Koehnen asked if the condition requiring the trash containers to be placed
inside was done because the original plan did not show trash enclosures on the property or
attached to the building. Planner Rask replied affirmatively. Director Hurlburt
commented all buildings having exterior trash receptacles are required to enclose the
containers. Planner Rask stated the approving resolution requires the trash enclosures to
be made out of wood and stained/painted to match the wood.
Chairman Stulberg introduced Brad Moen, the petitioner.
Mr. Moen stated that they didn't focus on the trash enclosures until they were
constructing buildings two and three. At that time, they had already leased out the
buildings and didn't have the appropriate language in the lease requiring inside trash
containers. He stated that they prefer locating the trash inside, but they currently have
two tenants that are unable to comply because of lack of room in their spaces, and another
states the FDA will shut them down if they have garbage inside the space. Mr. Moen
acknowledged the condition in the resolution, but didn't fully understand what it meant
until they were into buildings two and three. He stated that they have increased the hedge
along Holly Lane, and the trash enclosures will not be in view once the hedge matures.
Mr. Moen stated that if the existing tenants move out, and the new tenants do not need the
trash enclosures, the enclosures could be removed.
Commissioner Ribbe asked which tenant would be shut down by the FDA. Mr. Moen
responded that Microtech manufactures hearing aids, and they stated that they can not put
trash enclosures inside. Mr. Moen stated that the requirement for inside trash containers is
not in their lease.
Chairman Stulberg introduced Laurie Jones of 3430 Jewel Lane.
Ms. Jones stated that the applicant should have been aware of the condition of approval
for the PUD requiring storing waste containers within the building, and that no outside
storage is allowed. She commented that it is a risk that the developer takes when leasing
up tenants before receiving final approval. Ms. Jones asked why the City hasn't held
Moen Leuer Construction accountable for compliance of the conditions in the approving
resolution. She commented that building permits could have been denied for buildings
two and three. She stated that the residents decided to drop the petition for an EAW for
Planning Commission Minutes
May 27, 1997
Page #123
building four in return for additional landscaping. Ms. Jones said that the applicant agreed
to comply with the conditions listed in Resolution 95-362 by November 1, 1996.
Chairman Stulberg asked Ms. Jones what inconvenience it would cause if there were
outside trash enclosures. Ms. Jones replied that she would have to look at them out her
kitchen window. Ms. Jones added that Microtech currently has dumpsters and grills
outside their unit.
Chairman Stulberg introduced Daniel McCarthy of 3455 Holly Lane North.
Mr. McCarthy commented that someone in the City needs to be accountable for
conditions that have not been adhered to by the applicant. Mr. McCarthy stated that the
staff report is incomplete on the entire background, and the report should have gone into
more detail on previous actions affecting the development. Mr. McCarthy stated that he
does not support the site plan amendment, and added that he would save further
comments for the City Council.
Chairman Stulberg introduced Mike Leuer, the petitioner.
Mr. Leuer stated that they have worked faithfully with City staff and the residents. He
commented that Moen Leuer Construction has gone over and above what any developer
should have to. He stated that asking for three trash enclosures should not be a major
problem after all they have done to try and work with the residents.
In response to questions raised, Planner Rask explained that the planning staff is
responsible for code enforcement matters, and is accountable in making sure that the
conditions have been adhered to by the applicant. He stated that pertaining to code
enforcement, the main priority is to obtain compliance. Planner Rask stated that there are
times that citations are issued, and the City takes an owner to court, but staff prefers that
only as last resort. Planner Rask stated that several letters were sent to the applicant in
1996. Some issues were not resolved right away because of weather, but staff feels that
the applicant is in compliance at this time, with the exception of the trash containers.
Chairman Stulberg asked if this project is similar to how the City handles other
enforcement issues with residents or developers. Planner Rask replied that when staff
receives complaints it becomes a top priority issue.
Chairman Stulberg asked about previous actions pertaining to the development. Director
Hurlburt stated that a status report on Plymouth Ponds Business Park was included as an
attachment to the staff report. She commented that staff could have included
correspondence dealing with this issue and landscaping that was to be done by November
1, 1996. She stated that the City could have considered legal actions, but the length of
time it would have taken would have been much longer, rather than trying to resolve the
issue with the applicant. Director Hurlburt stated that if the City denies the application,
Planning Commission Minutes
May 27, 1997
Page #124
and the applicant fails to comply with the ordinance, the City will then have to look at
taking the next step. She explained that it is not appropriate for the City to hold a building
permit when the issue is pertaining to another building.
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
denial of the Site Plan Amendment for Plymouth Ponds Development for property located
at the northwest corner of Medina Road and County Road 24.
Commissioner Koehnen commented that the resolution clearly states the condition
pertaining to inside trash containers. Commissioner Ribbe concurred. Commissioner
Stein commented that previous agreements need to be adhered to.
Roll Call Vote. 7 Ayes. MOTION carried unanimously.
B. POLICY AND PROCEDURES FOR CITY CONSIDERATION OF
COMPREHENSIVE PLAN AMENDMENTS
Director Hurlburt gave an overview of the May 22, 1997 staff report.
Commissioner Koehnen asked if #12 on Page 3, requiring two-thirds vote of the entire
City Council for passage of a proposed amendment is a change to current procedures.
Director Hurlburt replied negatively; it is a state statute.
Chairman Stulberg questioned where staff came up with 750 feet for notification.
Director Hurlburt replied that state law requires 350 feet, and the City increased to 500
feet recently. She stated that the number is arbitrary, but staff needs a particular distance
for notification purposes. She stated that more importantly would be increasing signage
for notification purposes. Chairman Stulberg stated that he would like to see additional
signage more so than the increase in distance. Director Hurlburt stated that the signage
issue is already addressed in the zoning ordinance, but additional language will be included
as part of the next zoning ordinance update.
Commissioner Thompson asked if staff feels the notification distance needs to be 750 feet,
as it's more important to increase signage. Director Hurlburt replied that staff is
responding to Council direction. Commissioner Ribbe stated that the Planning
Commission hears complaints that the notification distance should be increased. He stated
that the 750 feet is a good faith effort, and agreed that the signage should also be
increased.
MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending
approval of the Resolution Establishing Policies and Procedures for Considering
Amendments to the Comprehensive Plan.
Planning Commission Minutes
May 27, 1997
Page #125
MOTION to Amend by Commissioner Thompson, seconded by Commissioner
Berkowitz to change the notification distance from 750 feet to 500 feet.
Commissioner Thompson stated that he is concerned with the increase in postage and loss
of trees for the additional notices. Commissioner Berkowitz commented that 500 feet is
adequate. He stated that additional signs and word of mouth are more effective than
mailed notices.
Commissioner Koehnen asked how much it would cost for the increase in the notification
distance. Director Hurlburt estimated several hundred dollars per year. Commissioner
Thompson noted that it would be a waste of paper and trash. Commissioner Koehnen
stated her concern of cost also, but thought with the Northwest Plymouth issue, the
notification distance needs to be expanded. Commissioner Berkowitz commented that
750 feet is not adequate for Northwest Plymouth. Director Hurlburt stated that a citywide
change will be addressed differently. Commissioner Ribbe stated that he would not
support the amendment, and that it is the Commission's role to keep people informed.
Commissioner Thompson stated that the notification distance was already increased from
350 feet to 500 feet. Chairman Stulberg commented that he would not support the
amendment, as it is fine to increase it to 750 feet, and probably increasing to 1,000 feet
would also be appropriate. He stated that money should be invested in signs and some
other means of notification.
Roll Call Vote on Amendment. 2 Ayes. MOTION failed on a 2-5 Vote.
Commissioners Stoebner, Koehnen, Stein, and Ribbe and Chairman Stulberg voted Nay.)
Commissioner Ribbe asked if a condition could be added encouraging more signage for
proposed developments. Director Hurlburt replied that a condition should not be added to
this resolution, but the Commission can make a recommendation. The signage issue has
been discussed with the City Council, and they have given the approval to go ahead and
purchase additional signs.
Commissioner Stein asked if the Commission would be involved in the design of the signs.
Planning Supervisor Senness replied that staff is looking at some models from other
communities. The Commission will consider the proposed language amendment to the
zoning ordinance. The actual size of the signs and what they signs will say will not be
addressed in the ordinance. Director Hurlburt commented that if time permits, staff could
bring the issue back to the Commission before it is finalized. Chairman Stulberg
suggested that if Commissioners see examples of signs that would be appropriate, they
should let staff know.
Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
Chairman Stulberg noted the memo pertaining to the park tour. Commissioner Ribbe
urged Commissioners to attend, as it is worthwhile and fun.
Planning Commission Minutes
May 27, 1997
Page #126
Commissioner Stoebner asked when the public hearing would be scheduled for the Parkers
Lake Commercial Site. Planning Supervisor Senness replied that Shenandoah Apartments
is likely to be scheduled for the first meeting in July. Director Hurlburt commented that
the Parkers Lake Commercial Site may also be scheduled for the same meeting.
MOTION by Commissioner Thompson, seconded by Commissioner Stein to adjourn.
Vote. 7 Ayes. The meeting was adjourned at 8:37 p.m.