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HomeMy WebLinkAboutCity Council Minutes 10-29-1997 SpecialMinutes Special Council Meeting October 29, 1997 A special meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Public Safety Training Room 3400 Plymouth Blvd., on October 29, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Preus, and Johnson. Councilmember Bildsoe arrived at 7:15 p.m. Councilmember Black arrived at 7:20 p.m. ABSENT: Councilmember Wold. CITY STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community Development Director Hurlburt, Public Works Director Moore, Planner Rask, Planning Supervisor Senness, City Attorney Jamnik, and City Clerk Ahrens. Adopt Assessments for 41" Avenue/Hughston Addition, Project 5037 MOTION was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 97-662 ADOPTING ASSESSMENTS, CITY PROJECT NO. 5037, 41ST AVENUE STREET AND UTILITIES. Councilmember Preus said that because the public improvement process is difficult to understand, staff should explain it in detail to affected residents including where they can influence the process. Councilmember Spigner believed that there should be a policy on the assessment period so that residents know what to expect. Public Works Director Moore said that staff is working on a pamphlet, as previously suggested by Councilmember Johnson, for use with the 1998 public improvement projects. Motion carried: Preus, Johnson, Spigner, and Tierney ayes. Councilmember Bildsoe arrived at 7:15 p.m. Councilmember Black arrived at 7:20 p.m. Wireless Communication Towers Planner Rask presented the staff report on the siting of wireless communication towers. Councilmembers thanked staff for this status report. Councilmember Bildsoe said that he wants to ensure that the City's ordinances are ahead of technology. Special Council Meeting October 29, 1997 Page 2 Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to approve City participation in the League of Minnesota Cities effort to provide comments on the FCC's proposed rule makings concerning radio and TV towers, and RF emissions associated with cellular antenna sites. Motion carried, six ayes. Zoning Ordinance Amendment (97104) Community Development Director Hurlburt summarized the staff report on proposed zoning ordinance amendments (97104). She described the proposed development standards (lot width, yard setbacks) in the RSF-1 zoning district and accessory uses in the B -C zoning district, specifically the proposed 25 percent limitation on manufacturing, compounding, assembly, packaging, treatment, or warehousing of merchandise and commodities". Councilmember Johnson asked if the proposed 200 foot notification area is sufficient for minor site plan approvals. Director Hurlburt responded that the distance is adequate because typically there are corresponding requests which require a 750 foot notification. Councilmember Black asked how senior day care is addressed in the zoning ordinance. Director Hurlburt said that if a facility serving seniors is licensed as a day care facility, it would be included in the ordinance definition of "day care". Councilmember Black questioned whether 10 days is sufficient neighborhood notice for Environmental Assessment Worksheets (EAW). Director Hurlburt explained that 10 days is consistent with other notifications. The state rules establish a 30 day comment period, which limits the notification time frame. Councilmember Johnson suggested that the notice area for EAW's be amended from 500 feet to 750 feet, and the Council agreed. Brad Moen addressed the City Council. His development project was approved with a 25 percent limitation on accessory uses and this has caused difficulty in obtaining financing for the project. Director Hurlburt said that if the zoning ordinance is adopted with the 25 percent limitation, there would be no way in which an applicant could request a variance or waiver of the standard. Special Council Meeting October 29, 1997 Page 3 Mr. Moen described the proposed structure and said there is a need to be flexible with the uses in the building as markets change over time. His building design is clearly not intended for distribution, which would result in truck traffic. He said it is a high quality structure with focus on office use, storage, and labs. He does not believe the 25 percent limitation is necessary. Councilmember Spigner recalled that in a somewhat reverse situation, the 25 percent limitation was used when considering the Tile Store application. Mr. Moen said that it is similar in theory; however, that was a single user building. His structure will be multi -tenant. Councilmember Preus said that the proposed restriction is well intended, but can create a potential problem for building owners. He said that if no change is made to this portion of the ordinance, the Council could continue to have discretion to determine an appropriate accessory percentage for each structure. He also suggested that other criteria could be used to determine the appropriate mix of uses on the site, rather than a firm maximum percentage. Manager Johnson said that could be done; however, it could be viewed as somewhat arbitrary if different percentages are established on different buildings. Councilmember Spigner asked how many of the existing B -C zoning district sites could meet the 25 percent maximum accessory use standard. Director Hurlburt said that most existing B -C sites would meet the requirement, even though the standard would be imposed only on future applications. Mr. Moen said that the existing B -C district sites, other than his, have flexibility because the 25 percent maximum accessory use is not imposed. Attorney Jamnik said that establishing a percentage in the ordinance provides guidance. However, the Council could also establish a percentage on a case-by-case basis with consideration given to the characteristics of each site. He said that other cities don't generally allow mixed uses. Their ordinances typically allow only one type of use. From this perspective, Plymouth's mixed use provision would provide more flexibility than other ordinances by permitting a certain percentage of accessory uses. Councilmember Black agreed that the proposal to allow a maximum percent accessory use is flexible. She could support an increased percentage, perhaps up to 40 percent. Special Council Meeting October 29, 1997 Page 4 Councilmember Spigner said that she would support up to a 35 percent accessory use, but wants a maximum percentage included in the ordinance. Councilmember Bildsoe said that each site has different characteristics, and the appropriate percentage should be determined with each application. Councilmember Johnson agreed that each site should be specifically evaluated but believes that a better definition of "accessory" needs to be established. Mr. Moen supported a 40 percent maximum accessory use. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to make no change to the zoning ordinance so that an accessory use percentage could be established on a case-by-case basis. Councilmember Preus said that this would allow the Council to consider the characteristics of the site, as well as of the proposed structure. Motion failed: Bildsoe and Preus ayes; Spigner, Johnson, Black, and Tierney nays. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to direct staff to prepare an amendment to establish a maximum 40 percent accessory use in the B -C zoning district. Councilmember Spigner said that she understands the need to be flexible. She believes that the establishment of 40 percent will provide flexibility, as well as a consistent definition of "accessory." Motion carried: Bildsoe, Spigner, Johnson, Black, and Tierney ayes; Preus nay. In response to questions by Councilmember Black, Director Hurlburt clarified proposed zoning ordinance language on "native" grasses and manufactured homes. Councilmember Black also pointed out a reference error in the RSF-1 section regarding animals. Discussion was held on the proposal to reduce the minimum front lot width from 110 feet to 100 feet in the RSF-1 district. Councilmember Preus supported retaining the 110 foot standard; otherwise, homes are constructed very close together. Manager Johnson said that reducing the minimum side yard setback to 10 feet may result in a surprise to many residents who purchased or built their homes with the understanding that the minimum setback was 15 feet. Special Council Meeting October 29, 1997 Page 5 Director Hurlburt said that 26 percent of the lots in the RSF-1 district were approved under a planned unit development with side yard setbacks other than 15 feet. Also, the Planning Commission recommended the reduction to 10 feet in order to allow flexibility when working with wetlands. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to retain the 110 foot minimum front yard width in the RSF-1 district. Motion carried: Bildsoe, Spigner, Preus, and Johnson ayes; Black and Tierney nays. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to retain the 15 foot side yard setback in the RSF-1 district. Motion carried: Bildsoe, Spigner, Preus, Johnson, and Tierney ayes; Black nay. Motion was made by Councilmember Preus, seconded by Councilmember Spigner, to adjourn at 10:02 p.m. Motion carried, six ayes. CZCLu.L , Laurie F. Ahrens City Clerk