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HomeMy WebLinkAboutPlanning Commission Minutes 04-03-2019Approved Minutes 1 of 8 Meeting of April 3, 2019 Approved Minutes Planning Commission Meeting April 3, 2019 MEMBERS PRESENT: Chair Marc Anderson, Commissioners Donovan Saba, Julie Witt, David Witte, Justin Markell and Jaspreet (Jesse) Narr MEMBERS ABSENT: Commissioner Bryan Oakley STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Kip Berglund and Senior Engineering Technician Trevor Quast 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 Witte, seconded by Commissioner Witt, to approve the April 3, 2019 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MARCH 20, 2019 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Witte, seconded by Commissioner Witt, to approve the consent agenda. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. AURORA TOWER LLC (2018090) Chair Anderson introduced the request by Aurora Tower LLC for a site plan amendment and conditional use permit for adult day care for property located at 10700 State Highway 55. Senior Planner Drill gave an overview of the staff report. Commissioner Markell asked ifthere are similar uses operating in the city currently. 5A Approved Minutes 2 of 8 Meeting of April 3, 2019 Senior Planner Drill stated that although he could not think of a similar location in Plymouth, he was aware of adult daycare locations in other communities. Chair Anderson asked if the vans pick up clients and bring them to the site during the day and then leave to bring clients home at night. Senior Planner Drill confirmed that the drivers pick up clients, serve as aides during the day, and then bring clients home at the end of the day. Chair Anderson referenced the floor plan, which identifies new tenant space in the middle of the plan, dividing the adult daycare sections in half. Senior Planner Drill stated that the space marked "New Tenant Space" would be a part of the adult daycare, noting that the space was mismarked. Chair Anderson introduced Randy Engel, representing the applicant, who confirmed that the new tenant space language was a mistake on the drawing and that area would be a part of the adult daycare. He provided additional details on the adult daycare business, noting that the applicant has other locations that have been in operation successfully since 2003. He noted that the intent would be to allow persons of various ages to have activities in the company of others on a daily basis. He stated that the clients are picked up and are in the company of others during the daytime hours. He stated that this request provides an economic opportunity to repurpose an unused parking garage for this different use and then reviewed the proposed improvements to repurpose the space. Commissioner Witt referenced the layout of the handicap restrooms, noting that there are only two male and two female handicap restrooms. She said she was unsure if that would be sufficient for serving up to 200 people. Mr. Engel stated that the requirements for accessibility for the handicap restrooms are exceeded. He noted that not all restrooms will be sized for handicap use. Commissioner Witt questioned the roundabout in the parking lot, noting that there are not a lot of roundabouts in Plymouth and raising the concern that older residents would be unfamiliar with that type of traffic control. Mr. Engel stated that the area Commissioner Witt referenced on the site plan is not a roundabout, but rather is provided to create turning space for the vans. Commissioner Narr referenced the mechanical room next to the tenant space and asked if there would be noise issues created. Mr. Engel stated that area contains electrical panels and piping. He explained that rather than having that material exposed, they closed this area off so it can be used as a storage room for non-flammable materials as well. He noted there will not be noise generated from that room. Approved Minutes 3 of 8 Meeting of April 3, 2019 Chair Anderson opened the public hearing and closed the public hearing as there was no one present requesting to speak on this item. Commissioner Saba stated that this seems to be a good fit for the space and a good use. MOTION by Commissioner Markell, seconded by Commissioner Witte, to recommend approval of the request by Aurora Tower LLC for a site plan amendment and conditional use permit for adult day care for property located at 10700 State Highway 55. Vote. 6 Ayes. MOTION approved. B. KRJ HOMES (2019014) Chair Anderson introduced the request by KRJ Homes for a conditional use permit to exceed the maximum allowable attached garage size for property located at 35 Queensland Lane. Senior Planner Berglund gave an overview of the staff report. Commissioner Witte asked if there are any issues with the amount of impervious surface. Senior Planner Berglund replied that the property is not located within a shoreland overlay district, and therefore the amount of impervious is not limited. He stated that this is a rather large lot and therefore the size of the home and garage would not create an issue. Chair Anderson introduced Jeff Jaglo, representing the applicant, who stated he had no comments. Chair Anderson opened the public hearing and closed the public hearing as there was no one present requesting to speak on this item. MOTION by Commissioner Witte, seconded by Commissioner Narr, to recommend approval of the request by KRJ Homes for a conditional use permit to exceed the maximum allowable attached garage size for property located at 35 Queensland Lane. Vote. 6 Ayes. MOTION approved. 7. OLD BUSINESS A. TIMBERS EDGE DEVELOPMENT LLC (2018044) Chair Anderson introduced the request by Timbers Edge Development LLC for a rezoning, PUD general plan and preliminary plat for "Timbers Edge PUD" for property located north of Old Rockford Road and west of Holly Lane. Senior Planner Berglund gave an overview of the staff report. Commissioner Narr referenced a trail that would run between Lots 8 and 9 that seems to run into a private lot in the adjacent development. Approved Minutes 4 of 8 Meeting of April 3, 2019 Senior Planner Berglund replied that the proposed trail segment would connect to an existing trail segment in the abutting development. Commissioner Witte asked for details on the outlot that would be added to the lot in the adjoining development to the south. Senior Planner Berglund stated it is his understanding there were landscaping improvements made by the adjoining property in that area that were identified during the survey process. The applicant, if this subdivision is approved, has agreed to deed that portion of the property to the adjoining property owner. Commissioner Witte referenced outlot A to the south, noting that many comments received from the adjoining property owners were in reference to access to outlot A. He asked ifthere have been discussions with the developer to provide access to that part of the property. Senior Planner Berglund stated there have been some conversations, but noted he will let the applicant provide additional details. Commissioner Witte stated that he prefers this layout to the previously reviewed request. He asked for information on the drainage from the sump pumps and the path that the drainage would take. Senior Engineering Technician Quast provided additional details, noting that drain tile is required and homeowners could then connect their sump pumps to direct drainage to the pond. He said he was confident that the water would move where it is designed to flow. Commissioner Witte referenced the intersection of Holly Lane and Old Rockford Road, noting that there are a lot of items that impact sight in that area and asked if the brush could be cleared to improve sightlines to the west. Senior Engineering Technician Quast stated that he could review the sight triangle at this intersection. Commissioner Saba asked for details on the secondary access road. Senior Planner Berglund reviewed the comments provided by the fire inspector, noting that breakaway bollards and signage would be required and stating that this is an emergency only access. Chair Anderson stated it appears the road passes through the parking lot and asked if it would be blocked off so parking does not occur in that area. Senior Planner Berglund stated that striping of the area would be required to ensure that it remains clear of vehicles. Commissioner Saba asked for details on the access from 461h Avenue that is referenced in the event Holly Lane is blocked. Approved Minutes 5 of 8 Meeting of April 3, 2019 Senior Planner Berglund provided additional details on how access could be gained if the intersection of Holly Lane and Old Rockford Road is blocked. Chair Anderson referenced the trail heading north to the city-owned land and asked ifthere are plans for that city-owned land. Senior Planner Berglund replied that the open space was dedicated to the city and at this point there are no specific plans, other than the addition of informal woodchip trails. Chair Anderson stated it seems that a PUD would be an appropriate zoning for this development. He stated that the PUD request seems to be related to lot width. Senior Planner Berglund stated that the PUD request consists of lot width flexibility, a request for a unique side yard setback, and allowance for only one of the two required trees per lot to be located in the front yard. Chair Anderson stated that the previous application required 30,000 yards of fill, while this request has cut that request in half. Senior Planner Berglund confirmed that the amount of fill being brought into the site with this application would be reduced to about 16,000 or 17,000 yards of fill. Chair Anderson stated that two traffic studies have been provided from the developer and received confirmation that the city did not do its own traffic study. It was confirmed that engineering is comfortable with the results of the studies. He referenced the wetland categorized as incidental and asked for additional details. Senior Planner Berglund explained that the panel for a wetland application can determine that an area holding water is classified as incidental, and therefore is not subject to the wetland buffering, setback, or preservation requirements. He stated that the classification has been questioned and if it is determined that the wetland is not incidental, there would be additional requirements. Planning Manager Thomson stated that because of the degraded condition and isolated location, it has been determined that the wetland would not maintain hydrology and would eventually go away on its own. Chair Anderson stated that previously the question was: can a wetland be maintained if you put development around it and change the hydrology? The answer is: don't change the hydrology; make sure there is sufficient water getting into the wetland so it does not change the hydrology. He asked if the rules have changed in the past 15-20 years. Senior Planner Berglund stated that the applicant can provide additional details. Commissioner Witte asked how the delineation area is determined for the high-quality wetland. He stated he has concern with the sump pumps changing the hydrology for that wetland. Approved Minutes 6 of 8 Meeting of April 3, 2019 Senior Planner Berglund stated that the wetland is of an exceptional quality and identified the delineation area, noting that nothing within that area would change. He stated that the necessary buffers would be provided, and in some areas additional buffer is provided. Commissioner Witte asked if there would be a development contract in place, and if the project is approved, if that contract would require that the trees in the yard be warrantied. Senior Planner Berglund confirmed that because of the public streets and utilities, there would be a development contract between the city and developer. He noted it would include a minimum landscaping requirement and a financial guarantee would be collected, requiring that the trees survive at least one growing season. Commissioner Witte referenced the trucks hauling fill and asked if the city is protected from that traffic using Holly Lane. Senior Engineering Technician Quast stated that is not a standard development contract clause. He stated that could be discussed. Senior Planner Berglund noted that staff could follow up on that element for inclusion in the development agreement. Chair Anderson introduced Mike Bergeron, the applicant, who stated that they have changed their plans for the better and spent a lot oftime with the neighboring HOA members and ,. neighbors in an attempt to meet their needs and address their concerns. Chair Anderson introduced Robert Iwaskewycz, 17420 46111 Avenue, who asked ifthere would be fencing between the homes and railroad tracks. He asked if the fill would be needed for the walkout homes, as it seems like a lot of fill for a flat area. He asked for timelines on the start and completion dates as well as the number of homes planned to be constructed per month. He asked for the construction hours of operation that would be allowed. He asked if the buffer area along the south property line would be landscaped. He asked if doggy drops would be placed along the trails for public use. Chair Anderson introduced Sandra Wieland, 17485 46111 Avenue, who asked if the developer could confirm that she would not have traffic impacts in trying to get onto Holly Lane. She also asked if the traffic control would change on 46111 Avenue, noting that the street is narrow, and the traffic moves quickly. Planning Manager Thomson stated that she does not believe there would be a fence along the railroad tracks. She explained that sometimes a fence becomes an attractive nuisance rather than a benefit. Chair Anderson commented that he is not aware of a development that has fencing along the tracks. Approved Minutes 7 of 8 Meeting of April 3, 2019 Mr. Bergeron commented that the fill is required to obtain proper drainage for the site and it also creates some daylight into the basements. He stated that if approved, he would like to phase the development, opening 20 lots this year. He stated that they would construct three or four models and·would expect the first phase to be a few years and a few years for the second phase. He confirmed that the entire site would be graded in the beginning. Planning Manager Thomson stated that the city has specified hours when construction can occur, providing the weekday and weekend hours when construction can occur. She noted that there are also standards for other noises, such as boom boxes. She stated that the area to the south where trees are being saved would act as a buffer because of the trees that will remain. She stated that based on the results of the traffic study, using 46th Avenue would not provide an advantage over taking!{olly Lane. Chair Anderson stated that there will be more homes in that area, so there will be some impact to residents in that area. Senior Engineering Technician Quast stated that the traffic study did not consider 46th Avenue. He stated that road would still continue to operate sufficiently. Planning Manager Thomson added that the site is developing on the low end of the density identified in the comprehensive plan. Commissioner Markell stated that he was one of the few supporters of the plan in August and continues to support the request today. He stated that this represents a good effort from the developer in finding a good compromise with the adjacent residents and recognizing the prior concerns from the Planning Commission. Commissioner Witte referenced the comment made by residents that roads in a neighboring development are narrower and asked if these streets would be the same width. He asked if parking would need to then be restricted to one side of the road. Senior Engineering Technician Quast stated that the street width would be the city standard, therefore parking could occur on each side of the road and there would be sufficient space for emergency vehicles to pass. Commissioner Witte asked if the parking lot area for the emergency access would be secured to prevent parking. Mr. Bergeron confirmed that the drive lane would be striped. Chair Anderson stated that this is an improvement from the last review. He asked if striping of the driving lane would be sufficient to prevent vehicles and golf carts from parking in that area when the golf course becomes busy. He referenced the incidental wetland and comments that have been made regarding that element. He noted it appears that wetland has not gone through the process necessary to deal with it. Approved Minutes 8 of 8 Meeting of April 3, 2019 Planning Manager Thomson stated that the wetland went through the process in 2015, but staff has stated there may need to be additional review. Chair Anderson asked what would happen if the incidental classification is changed; whether it could still be filled and mitigated or whether it would need to be preserved. Planning Manager Thomson stated that if the area was less than low quality in the past, it is unlikely that the value .would have increased. She noted that the quality would be a factor in what mitigation may be required. She confirmed that appropriate language is included in the resolution addressing this matter. Senior Planner Berglund stated that he would not support requiring anything more than striping of the parking lot area used for the emergency access lane. Commissioner Witte stated that he would prefer to see the emergency access lane realigned to hug the corner of the parking lot. Chair Anderson stated that he would favor the location suggested by the developer because of grade and tree preservation. He confirmed that the condition related to that item could be reworded to ensure protection is provided. Commissioner Markell noted that as drafted, it states that it must meet fire code requirements and felt that would be adequate. MOTION by Commissioner Saba, seconded by Commissioner Markell, to recommend approval of the request by Timbers Edge Development LLC for a rezoning, PUD general plan and preliminary plat for "Timbers Edge PUD" for property located north of Old Rockford Road and west of Holly Lane. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Chair Anderson, with no objection, to adjourn the meeting at 8:41 P.M.