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HomeMy WebLinkAboutPlanning Commission Minutes 10-25-1995CITY OF PLYMOUTH PLANNING COMMISSION MINUTES October 25, 1995 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Virginia Black, Christian Preus, Saundra Spigner and Allen Ribbe (arrived 7:10 p.m.). MEMBERS ABSENT: Commissioner Linda Oja STAFF PRESENT: DirectorAnne Hurlburt, Planning Supervisor Barbara Senness, City Engineer Dan Faulkner, Senior Planner John Keho, Planner Shawn Drill, and Planning Secretary Susan Vasquez. 1. Call to Order: The meeting was called to order at 7:00 p.m, 2. Public Forum: None. 3., Approval of Agenda: Approved unanimously. 4. Approval of Minutes: MOTION by Commissioner Black, seconded by Commissioner Preus, to approve the minutes of the September 27, 1995, Planning Commission without modification. VOICE VOTE, 6 Ayes, MOTION CARRIED UNANIMOUSLY. 5. ¢Consent Agenda: Mone. 6. Public Hearing: A, Kinder Care Learning Centers, Inc (95088) Chairman Stulberg introduced the petition by Kinder Care Learning Center, Inc, for a PUD Preliminary Plan/Final Plan and Conditional Use Permit to build a child care center on Plymouth Boulevard between 37th Avenue and Rockford Road, This item was continued from the September 27, 1995 Planning Commission Minutes October 25, 1995. Page 218 Planning Commission meeting so that staff could investigate the potential for regional water quality ponding on the block that includes the Kinder Care sila, Senior Planner Keho gave an overview of the October 20, 1995. He then indicated that staff concluded that it would be possible to preserve the option of regional ponding on the Kinder Care site, while also allowing Kinder Care to move ahead with their project. He stated that staff is recommending that the developer grant a 6G400t wide easement on the westeni side of Kinder Care's site so that the area.could be used fora NURP pond designed with enough capacity to handle water from neighboring sites as well as that of Kinder Care. In exchange for that easement, the City would not require a storm water pipe along the southern edge of the site. Commissioner Spigner asked how this plan would affect the on-going planning of the Downtown Plymouth project. Senior Planner Keho responded that the proposed NURP pond would be in a location shown as ponding and green spare on the plan. a Commissioner Preus asked whether the petitioner had agreed to grant the i 60 -foot ealement. Senior Planner Keho responded that he believed the petitioner would be willing; but that he had not received official confirmation. Commissioner Preus then asked what had been resolved with regard to the possibility of fencing the NURP pond. Senior Planner Keho reiterated Staffs position, expressed is the initial presentation of this project at the September 270 1995, Planning Commission meeting. The City, he said, has a specific policy against fencing NURP ponds. Nevertheless, he noted that Staff was recommending approval of the fence around the projected playground area of the facility, Chairman Stulberg introduced Mr. Ted Mattke, of Mattke Engineering, representing the petitioner. He asked Mr. Mattke whether the petitioner had read, and was in agreement the October 20, 1995, Staff Reports Mr, Mattke responded affirmatively, noting that the new proposal accommodates a community NURP pond, such as owners of some other lots on the block have stated they would like to see. Furthermore, the cost for both Kinder Care and for the developers of several other sites in the area would be diminished.. 0 Planning Commission Mind—s October25, 1995 Riga 219 Chairman Stulberg introduced Mr. Gray Greiner, from the Atlanta, Georgia main office of Kinder Care, and asked that he confirm his company's acceptance of the terms of the October 20, 1995, Staff Report. Mr. Greiner confirmed Kinder Care's agreement, though he noted that the economics for his firm will not be as favorable as they will be for the developers of some of the other lots on the block. Chairman Stulberg noted that the Public Hearing, opened at September 27, 1995, meeting was still open. He then called upon Mr. James Gudddal, 4465 Vicksburg Lane North. Mr. Guddat identified himself as the owner of the smallest of the undeveloped sites on the same block as Kinder Care. He expressed his objection to the current proposal, stating that by permitting two owners State Farm and Kinder Care) to build NURP ponds as a part of their development, the City is setting a dangerous precedent from the property owners' point of view. He also said that apparently no one was taking care to assure that Downtown Plymouth was not converted into an area covered by multiple NURP ponds. Commissioner Spigner noted that the City's Planning Department :is, precisely, taking care to assure that the Downtown Plymouth is developed, taking into account the public interest. Nevertheless, Commissioner Spigner noted that she was concerned that Staff must always make an effort to be in close communication with the property owners when handling ,any project which could affect their interests. In line with Mr. Guddal's comments, she asked exactly how the City planned to deal with the drainage needs of all the direrent Downtown property owners, and whether these owners would be required to "buy into" some kind of community NURP pond without having had any prior input during its making. Senior Planner Keho responded that the reason for delaying consideration of this project from the September 27 meeting until October 25 was precisely to allow further communication with consultants and property owners, and consideration of the interests of the latter group. Chairman Stulberg closed the Public Hearing, Commissioner Black askedwhether she was correct in understanding that the current Downtown Plymouth planning now includes tide goal of having regional solutions to the NURP ponding problem, Planning Commission Minutes. October 25,.:1995 P,age220 ' i Director Harlburt responded affirmatively. Commissioner Black stated that owners of properties adjacent to Kinder Care's lot must have always known that the draining of their lots would involve some infrastructure cost. Therefore, if they are given the opportunity to use communal NURP ponding facilities, and if they are required to participate in paying for those facilities, they are simply' redirecting some of the funds they would have had to disburse anyway. Director Hurlburt agreed. MOTION by Conunissioner Preus, SECONDED by Commissioner Black, to recommend approval of Kinder Care's petition for a PUD Preliminary Plan/Final Plan and Conditional Use Permit to build a child care' center on Plymouth. Boulevard between,37th Avenue and RockfordRoad. MOTION by Chairman Stulberg, SECONDED by Commissioner Black, to AMEND the proposal, adding a condition to the resolution in order to clarify that the petitioner will not be allowed to fence the NURP pond. Senior Planner Keho noted that the clarification could be worked into the wording of the second condition of that resolution. MODIFICATION of the AMENDMENT proposed by Chairman Stulbcrg, and accepted by Commissioner Black, so as to word that AMENDMENT in line with Senior Planner Kehn's recommendation. ROLL CALL VOTE on the modified AMENDMENT. 6 Ayes. AMENDMENT CARRIED UNANIMOUSLY. ROLL CALL VOTE on the ORIGINAL MOTION. 6 Ayes. MOTION CARRIED UNANIMOUSLY, B. UK Builders. Inc. (95108) Chairman Stulberg introduced the request by LDK Builders, Inc. for an amended PUD plan and conditional use permit to allow construction of a townhome development with 16 feet, rather than 20 feet, between certain buildings, at French Ridge Park Addition, Planner Drill gave an overview of the October 16, 1995, Staff Report. i 0 Planning Commission Minutes October 25,:1995 Page 221. Chairman Stulberg introducedTim Honigschatitdt, representing the petitioner, who stated that he concurred with the Staff Report, and was prepared to answer any questions which the Planning Commission might have for him. Chairman Stulberg noted that the petitioner was not modifying' the size or shape of the proposed lots, nor of the proposed townhomes, but rather was moving the buildings a few feet toward the front o; the lots to allow space for the future construction of decks or porches by the residents. The petitioner agreed. Commissioner Ribbe inquired why the need for space for decks and porches had not been foreseen when the project was first proposed. Mr. Honigschmidt stated that it had been an oversight on the part of both the developer and the builder, but since it could be readily corrected by this minor modification in the project, he hoped the Commission would favor the petition. Chairman Stulberg opened and closed the Public Hearing since no members of the public requested to speak, MOTION by Commissioner Stimson, SECONDED by Commissioner Ribbe, to recommend approval of LDK Buildees petition for an amended PUD plan and conditional use permit to allow construction of a townhome development with 16 feet, rather than 20 feet, between certain buildings, at French Ridge Park Addition. ROLL CALL VOTE. 6 Ayes. MOTION CARRIED' UNANIMOUSLY. 7. NEW BUSINESS: jLI IN . Si A, CAi, ofPlymputh - Metropolitan Livable Communities Ac Chairman Stulberg introduced the request from the City of Plymouth to adopt a resolution recommending that the City patticipate in the Metropolitan Livable Communities Act Director Hurlburt'stated that by participating in this Act, certain funds from the State Legislature, administered by the Metropolitan Council, will be made available for City use in the construction of affordable and life -cycle Planning. Commission Minutes October25,1995 Page 222 housing, as well as in the clean-up of con',aminated sites for futurecommercialorindustrialuse. Those funds would assist the City of Plymouth in meeting Objective number 2 of the City's Comprehensive Plan, that of providing opportunity for a variety of quality affordable housing for persons of all income levels. Director Hurlburt further noted that the City of Plymouth HRA Board had already voted a similar resolution, to be considered by the City Council in theirNovember 14,1995 meeting. MOTION by Commissioner Black, SECONDED by Commissioner Spigner, to adopt a resolution recommending City participation in the Metropolitan Livable Communities Act. VOICE VOTE. 6Ayes. MOTION CARRIED UNANIMOUSLY. Chairman Stulberg declared a brief recess at 7:55 pan., and stated that the Commission would reconvene in a conference room on the lower level. Chairman Stulberg reconvened the meeting at 8:10 p.m. in the Bass Lake Conference Room. 8. OLD BIISI 1LG' 55 A. City of Plymouth (95100)- Work hon on Proposed oning Ordinance Amendments Planning Supervisor Senness briefly presented the topic for discussion, proposed zoning ordinance amendments for the City's commercial and industrial districts. She stated that the Planning staff had been working very closely with consultants to determine what changes are needed in theZoningOrdinancefortheseareas, including the definition of new districts. As background information, she noted that the Commercial and Industrial districts had been given the highest priority because of the moratorium on platting commercial and industrial lots. She noted that the City Council, in its regular meeting of October 24, 1995, voted to let the moratorium expire on November 1,1995: Planning Supervisor Senness 'introduced Mr, David Licht, President ofNorthwestAssociatedConsultants, head consultant on this project. Mr. Licht provided Staff and members of the Commission with a preliminary m Planning Commission minutes October25,1995 Page223 outline of the Zoning Ordinance Revision to complement the Commercial/Industrial Use District Matrix" submitted for their consideration prior to the meeting. Mr. Licht noted that when he first met with the Planning Commission, one possibility discussed was that of implementing some part of the new Zoning Ordinance before having finished a proposal for the entire Ordinance. Nevertheless, it has become apparent, both to Staff and to the consultant, that a modification in any part of the Ordinance would impact most other portions of the Ordinance. Therefore, partial implementation of the Ordinance appears much less feasible at this time. I&. Licht further called the attention of the Commission to the fact that recent US Supreme Court decisions practically obligate the City to rezone so that a minimum of 5% of its total area could potentially be developed for sexually -oriented businesses. Otherwise, the City would become a prime target for such businesses, and be open to suits it probably could not win. Mr. Licht proceeded to explain each of the proposed new commercial and industrial districts, and how they differ from those designated under the } current Zoning Ordinance. Commr[its and recommendations made by the Commission included the following: ii a. Zone IL -0 (Residential_ /Offi el; The title could easily be confused with home offices, such asp numberaf residents throughout the City have set up in their houses. The Commission would like the title revised. b. Zones B-1 througb B-4: Under the current Zoning Ordinance, commercial and industrial areas are designated B-1 through B-3. To avoid confusion, and to emphasize the fact that a change has taken place once the new Zoning Ordinance is implemented, the Commission recommends that other nomenclature, such as C-1 through C-4, be used for the new commercial and industrial zones, i C. Zone: B-1 throug_B e: Better clarify the distinction between grocery store" and "supermarket". d. xually Oriented Businesses: :Sexually oriented businesses can be zoned into areas where rents are high and perhaps the market doesn't exist as readily. That could be a legal way of discouraging their proliferation in the City.. It would be more productive, however, for v Planning Commission: Minutes October25, 1995. Page 224 - the City to examine its policy of licensing sexually oriented businesses, since there is more latitude for controlling them that way, as it would allow for police checks of business owners and managers. e. Commerciallinduatdal .ones; We may need another gradation to accommodate trucking operations and possibly for some heavy -use loading docks. f. Adult Correctional Facility: Neighbors of the facility may not want juveniles brought in to occupy the facility. The current Conditional Use Permit does not prohibit it. The Commission asked 'Staff So check the conditions in earlier Council res6lutions for this facility. Mr. Licbt said that he would have anrtther section of the proposal for amending She Zoning Ordinance ready by the November 28, 1995, Planning Commission meeting. 9. AD XANMENT i MOTION by Commissioner Preus, seconded by Commissioner Black to adjourn, r MOTION CARRIED UNANIMOUSLY. Chairman Stulberg declared the meeting adjourned at 10:00 p.m. i f 5V i