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HomeMy WebLinkAboutPlanning Commission Minutes 04-20-2016Approved MinutesCityofPlymouth Planning Commission Meeting April 20, 2016 MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Julie Witt, Gary Goldetsky, Jim Kovach, and Donovan Saba MEMBERS ABSENT: None. STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, and Senior Planner Marie Darling OTHERS PRESENT: Councilmember Ned Carroll 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Goldetsky, seconded by Commissioner Kovach, to approve theApril20, 2016 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE APRIL 6, 2016 PLANNING COMMISSION MEETINGMINUTES B. CITY OF PLYMOUTH (2016005) Approve a variance for a fuel island and its associated canopy to be located in the front yard at theCityofPlymouth Public Works Facility. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to approve theconsentagenda. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes April 20, 2016 Page 2 6. PUBLIC HEARINGS A. THE JARVIS COMPANY. (2016014) Chair Davis introduced the request by The Jarvis Company for a rezoning, preliminary plat and variance for "Elm Creek Meadows" for property located at 16910, 17010 and 17210 County Road 47. Commissioner Anderson recused himself from this item. Planning Manager Thomson stated that the applicant has requested additional time to finalize the proposed plans for this site. She further stated that staff is requesting that the commission open and then continue the public hearing to May 18, 2016. Chair Davis opened the public hearing and continued it to May 18, 2016. B. YELLOW BRICK ROAD CHILD CARE, INC. (2016017) Chair Davis introduced the request by Yellow Brick Road Child Care, Inc. for a conditional use permit for a daycare/preschool and related site improvements for property located at 3200 Harbor Lane. Senior Planner Darling gave an overview of the staff report. Chair Davis asked the current location of the business. Senior Planner Darling replied that the business is currently located at Plymouth Christian Church near Old Rockford Road and Vicksburg Lane. Chair Davis introduced Kristy Couture, representing the applicant, who stated that she is excited to grow her business in the community. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. Commissioner Anderson asked and received confirmation that the play area would be fenced and asked the height and material of the fencing. Ms. Couture replied that the east and south sides would have a six-foot cedar fence, while there would be a four-foot vinyl chain link fence near the parking area. MOTION by Commissioner Saba, seconded by Commissioner Kovach, to recommend approval of the request by Yellow Brick Road Child Care, Inc. for a conditional use permit for a daycare/preschool and related site improvements for property located at 3200 Harbor Lane. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes April 20, 2016 Page 3 C. DA VRON GAFUROV. (2016019) Chair Davis introduced the request by Davron Gafurov for a conditional use permit for limited motor vehicle sales in an existing industrial building located at 14050 23rd Avenue. Senior Planner Drill gave an overview of the staff report. Commissioner Witt referenced the second condition, which limits the number of vehicles for sale or lease and asked how that would be monitored. Senior Planner Drill replied that the business would be licensed through the State of Minnesota and that licensing would specify the number of vehicles. He noted that there would not be active monitoring but if complaints arise, staff could work with the business to resolve the situation and if that issue could not be resolved, the City could begin revocation of the conditional use permit. Commissioner Goldetsky asked where the vehicles would be maintained or cleaned since the application states that there will not be cleaning or detailing on site. Senior Planner Drill replied that he would let the applicant address that question. Chair Davis introduced Davron Gafurov, 14050 23rd Avenue, who stated that they use a few different shops to fix or clean the vehicles, noting that those businesses are located in Minneapolis and Crystal. He stated that he will follow all conditions and rules specified. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to recommend approval of a conditional use permit for limited motor vehicle sales in an existing industrial building located at 14050 23rd Avenue. Vote. 6 Ayes. MOTION approved. D. CITY OF PLYMOUTH. (2106025) Chair Davis introduced the request by the City of Plymouth for zoning ordinance text amendments addressing definitions and home occupations. Planning Manager Thomson gave an overview of the staff report. Commissioner Goldetsky referenced option three and stated that if a problem arose he would believe it to be easier to measure. Planning Manager Thomson stated that someone would actually need to go to the home to measure or review plans, which are not often readily available and therefore it is easier to count people. She noted that this arises quite often in rental housing. Chair Davis stated that he grew up in a family of 11 and therefore found it difficult to understand. Approved Planning Commission Minutes April 20, 2016 Page 4 Planning Manager Thomson stated that a family of 11 would be covered under this definition and the limit of four would apply to individuals. Commissioner Witt used an example where a person would be single and lost their job. She asked if that person would be able to have three of their friends come and live with them to help financially. She stated that this seems like a big brother issue and therefore asked if there was an underlying issue that brought this forward. Planning Manager Thomson replied that would be allowed with a maximum of four. She stated that this was brought forward with respect to a group home. She explained that the City Attorney was concerned that the language was extremely limiting and therefore would not hold up in court and therefore recommended the maximum of four. She noted that the family of 11 would be covered under the definition of family. Commissioner Goldetsky stated that if family is used as a definition the only way a conclusion could be made is through genetic study. Planning Manager Thomson stated that the definitions on the first page of the report are in the code today and noted that almost every city has a definition of family or functional family. Commissioner Goldetsky asked if there was a reasoning behind the maximum of four compared to using five or six. Planning Manager Thomson stated that cities vary from four to seven. She noted that staff is recommending four but a higher number could be recommended. She stated that staff did not research whether there have been problems with the higher maximum numbers. Commissioner Witt asked how this would affect the group homes. Planning Manager Thomson replied that staff does not believe that this will adversely affect the group homes. She noted that there are different licenses involved depending on the level of group home. Commissioner Anderson confirmed that there would be a proposed change to the definition of family but not a change to the definition of family functional. Planning Manager Thomson continued to review the staff report in regard to home occupations. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. Commissioner Witt stated that she is struggling with the definition of families and did not think she could support that. She stated that she would support the second portion of the amendment. ApprovedPlanning Commission Minutes April 20, 2016 Page 5 Commissioner Anderson stated that the definition of family will now be expanded under this definition to provide more flexibility. Commissioner Goldetsky stated that he will also support this but agreed to an extent with Commissioner Witt that this issue could come back again as this will not fully resolve the issue. Planning Manager Thomson stated that there is very little in the code that could not come back for further discussion. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend approval of a zoning ordinance text amendment addressing definitions. Vote. 5 Ayes, 1 Nay (Witt voting Nay). MOTION approved. MOTION by Commissioner Anderson, seconded by Commissioner Witt, to recommend approval of a zoning ordinance text amendment addressing home occupations. Vote. 6 Ayes. MOTION approved. 7.NEW BUSINESS 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 7:36 P.M.