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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.