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.
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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.
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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.
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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.
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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