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HomeMy WebLinkAboutPlanning Commission Minutes 10-30-2019Approved Minutes 1 of 11 Meeting of October 30, 2019 Approved Minutes Planning Commission Meeting October 30, 2019 Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 30, 2019. COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba, Julie Witt, David Witte, and Jaspreet (Jesse) Narr. COMMISSIONERS ABSENT: Commissioner Justin Markell (recused himself on Dominium application) STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Kip Berglund, Community Development Director Steve Juetten and City Engineer Chris LaBounty. OTHERS PRESENT: Councilmember Ned Carroll Chair Anderson led the Pledge of Allegiance. Plymouth Forum Approval of Agenda Motion was made by Commissioner Oakley, and seconded by Commissioner Witte, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Commissioner Narr, and seconded by Commissioner Witt, to adopt the Consent Agenda that included the following items: (4.01) Revised Planning Commission minutes from meeting held on September 18, 2019 and minutes from meeting held on October 2, 2019. With all members voting in favor, the motion carried. Public Hearings Approved Minutes 2 of 11 Meeting of October 30, 2019 (5.01) Public hearing on PUD amendment and preliminary plat for Dominium to allow redevelopment of the former Four Seasons Mall site located at 4200 Lancaster Lane (2019093) Senior Planner Drill gave an overview of the staff report. Chair Anderson introduced Ryan Lunderby, representing Dominium, the residential developer for the site, who stated that since initial concept meetings they have held neighborhood meetings to seek additional input and then used that collective feedback to develop this proposed plan. He noted that they attempted to address concerns regarding density and setbacks along Lancaster Lane as well as pedestrian flow. He stated they also rethought the retail zone in an attempt to attract more desired retailers. Chair Anderson introduced Dan Regan, representing Launch Properties, the commercial developer for the site, who stated that they have received constructive feedback throughout the process and used that to improve upon the original concept. He stated they have incorporated additional outdoor spaces that restaurant users and pedestrians could utilize. He noted that the building architecture has also been made more appealing and attractive. He stated they are excited and believe that this project would be a success. Commissioner Oakley stated that there was concern with the height of the apartment buildings during the sketch plan review and asked if that building height has changed. Senior Planner Drill replied that the original sketch included four story buildings and noted that the buildings will essentially be four stories, as there would be a level for parking and three living levels. He noted that the garage level may be minimized with landscaping and architectural details. Mr. Lunderby stated that since the initial concept meeting, they learned more about the site, which they knew would be challenging. He stated they have measured the groundwater levels for the past several months, noting that this has been one of the wettest seasons. He explained that the results caused the garage to be raised completely out of the ground to avoid the groundwater. He stated they are also being careful not to raise the grades in areas that are not supported by structural piles as there would be issues with compression and settling. He noted that one story was removed from each of the two residential family buildings, replacing those stories on the senior building to ensure density levels are met. He stated they have also pushed the setbacks further from Lancaster Lane. Chair Anderson stated that it appears there would be windows on the garage level of the Lancaster Lane side of the residential building. Mr. Lunderby confirmed that there would be windows on the Lancaster side. He explained as a long-term owner of the project, they do not want a blank block wall and therefore would bring amenities into the garage level that change the character of the garage level. He noted in other projects they have introduced bike cafes that are available to the residents of the project. He noted that the entrances to the parking levels also have additional architectural details to break up the façade. Approved Minutes 3 of 11 Meeting of October 30, 2019 Chair Anderson asked for details on the stairs that are shown. Mr. Lunderby noted that the staircases shown would access private patios for the residents, but explained that may not make sense, depending on the grade necessary for the buildings. Commissioner Witte referenced the comments from Public Works, which state that the drainage has been under-modeled and asked if that has been addressed. He stated that the report also discusses the problems with the soil and asked if the plan speaks to the under-surface water. City Engineer LaBounty explained that since the staff report was put together, the model has been updated to reflect the existing conditions and is almost ready to go before the watershed for final approval. Mr. Lunderby stated that they are setting the floor heights above the groundwater levels by a few feet, and they will also have backup pumps in the case the garages take on water. Commissioner Witte stated the volume that would be drained should be planned to go somewhere. Chair Anderson introduced Sam Trebesch, representing the developer, who explained that the State has strict rules for permitting groundwater discharge. He noted that is not part of the project, stating that only water from rain events is planned to be discharged. He explained that the fluctuation would only be caused by rain events, and the permanent groundwater levels would not be pumped. Commissioner Oakley asked if any part of the structure would be built below grade. Mr. Lunderby stated that the garage level would be at grade. Mr. Regan stated that the commercial development would be constructed as slab on-grade. Commissioner Narr asked how rainwater would not impact groundwater levels. Mr. Trebesch explained that the groundwater levels have been monitored, and the pumps that are designed as part of the garage level will never interact with groundwater. Commissioner Narr asked if the monitors would stay on the property after construction or be removed. Mr. Trebesch replied that the monitors would most likely be removed prior to construction. Chair Anderson asked for details on the depth of the groundwater. He stated that there were a number of changes recommended in the traffic report and asked staff to review the list compared to a photograph of the site. Senior Planner Drill displayed an aerial photo of the site and provided details on the locations for the different recommended traffic improvements. Approved Minutes 4 of 11 Meeting of October 30, 2019 Chair Anderson noted this would be a PUD request and advised that the flexibility requested is related to the setback for one commercial building and the height of the senior building. Senior Planner Drill confirmed that is the only flexibility requested in the amended PUD. Commissioner Witte referenced the Agora project that did not proceed and asked why that PUD did not sunset when the project did not move forward. Senior Planner Drill explained that a PUD is a zoning district and therefore that would stay in place unless amended by or retracted by the City Council. Commissioner Witte asked for details on the subdivision proposed, noting a parking area shown as an outlot. Senior Planner Drill confirmed that this request would subdivide the property into five lots. He indicated that the parking ramp is shown on an outlot, and staff is recommending that be changed to a lot. He noted that staff is recommending that the additional outlots be absorbed into adjacent lots. Commissioner Witte stated the staff report notes there is a possibility that the City may not proceed and build the parking ramp, and if that is not done within five years, the ownership would revert to the developer. He asked if that is true. Senior Planner Drill stated that when the report was written, staff was not aware of the estimated cost of the parking ramp. He noted that the bids came in within the expected range, and therefore cost should not be an issue. He stated if the ramp did not move forward, staff wanted language as to how that would be handled. Community Development Director Juetten replied that the City has obtained cost estimates for construction of the parking ramp, and those estimates are good. He explained that when the final design proceeds, if the numbers are higher, the City may decide not to proceed. He noted that the parking ramp is not included in the parking requirements. He explained there is only one hour on a Saturday in which the commercial area may require additional parking and that could be supplemented by the residential parking area. City Engineer LaBounty stated that he was able to find additional information on the existing water levels. He noted that based on the existing conditions, the groundwater level is between one and four feet below ground. He indicated that the structures would be placed higher, with at least five feet of separation provided. Commissioner Witte stated that the commercial plan has been revised and asked for additional details. Mr. Regan stated that the east side of the site plan has been completely reconfigured, based on the feedback received. He noted that area is now designed to be flexible. He stated that the drive-thru has been eliminated, and there are two buildings that can interact together and share an Approved Minutes 5 of 11 Meeting of October 30, 2019 outdoor seating area. He noted it could be one restaurant that occupies the entire building or two restaurants that share the outdoor seating. He stated the trend they are seeing with fast casual restaurants is a desire for a drive-up window capability, where customers can order ahead online and pick up at the window. Chair Anderson stated that typically at this stage for commercial development, he would presume there are no leases. He asked the amount of flexibility the developer would have to change the site plan to fit the needs of a tenant. Senior Planner Drill explained there is some flexibility through an administrative process, noting change up to 10 percent. He explained that major changes may need to come back before the commission and council. Planning Manager Thomson commented that staff is very careful with the administrative approval process, and if there are any doubts, staff would recommend it to come before the commission and council. Mr. Regan stated they are aware of that process. He stated in their approach to commercial development, engagement with tenants starts after they gain approvals, which is why they have attempted to build a flexible concept. He stated the tenants they have spoken with would like to see the City approvals obtained before committing. He stated they are comfortable with their concept being flexible to address the market. Commissioner Oakley stated he has always disliked the look of the Four Seasons Mall when entering the Highway 169 ramp. He said he believed the senior building would be an improvement. He asked if the commercial buildings would have a four-sided design. Mr. Regan confirmed that was input received through this process, and therefore they have proposed similar materials and design on all four sides to ensure the aesthetic is appealing, rather than looking like the back of a building. Commissioner Witt stated she would like additional explanation on the recommendation in the traffic study for an extension of a left-turn lane. She stated extending that turn lane by 100 feet would clog traffic in an already busy area. She asked staff to review that in more detail. She noted that currently backs up and believed there would be an issue with safety. Senior Planner Drill explained that recommendation is made in attempt to address the backup issue. He explained that adding the lane would help to correct the stacking problem. Commissioner Witt commented that she believes it would be made worse. City Engineer LaBounty explained that the traffic study looks at the current conditions and then looks out to future conditions and the additional project traffic. He explained that the intent of the extension is to provide additional capacity in the turn lane for those turning left. He stated that these recommendations have also been run by Hennepin County and MnDOT, noting there is an upcoming joint project that will change the Highway 169 and Rockford Road intersection. Approved Minutes 6 of 11 Meeting of October 30, 2019 Commissioner Narr stated that she feels there would be value-added to including a groundwater contour map showing the flow. She asked how the stormwater pond would impact the groundwater levels. Mr. Trebesch stated that the modeling of the stormwater accounts for the normal water leveling within the storm basins to be at groundwater levels. He explained that the treatment for the rain events is happening above that level, and therefore should not have impacts on the pollutants in the groundwater. Commissioner Narr stated that her question is related to the groundwater level impacts and the flow. Mr. Trebesch replied that he did not believe that groundwater modeling is included in the hydrologic designs. Commissioner Narr stated that the residents have brought that up as a concern, and therefore she believes that a groundwater contour map would be helpful. Commissioner Oakley asked for details on the soil types on the site. Mr. Trebesch replied that it is mostly peat and clay soils, and therefore the infiltration of the stormwater basin would be extremely low. He noted there would be sand filters to assist in filtration, which would exit through pipes into the Bassett Creek system. Commissioner Narr noted that her concerns are put to rest with that explanation. Commissioner Witte referenced item 22 in the Public Works memo, which states that system would not work. City Engineer LaBounty explained that the original plan submitted had the filter material below the groundwater levels. He noted that the project engineer has since redesigned the system, and staff is comfortable that the watershed would now approve the plan. Commissioner Witte stated that he likes the inclusion of the senior housing and also believes that will be a good way to shield traffic noise from the adjacent residential neighborhood. He asked if additional elements would be used to shield those units from the highway noise. Chair Anderson introduced Willy Boulay, representing Dominium, who stated that if the development moves forward, they would complete a noise assessment. He explained that the senior building in particular would be a subject of that study. He noted that once they obtain the data, they would incorporate features to dampen the sound. Chair Anderson opened the public hearing. Chair Anderson introduced Holly Nelson, 5205 Trenton Lane, who stated that a number of proposals have come forward for this site over the years. She commented that these proposals are too big and too much for the residential neighborhood. She stated that the most common Approved Minutes 7 of 11 Meeting of October 30, 2019 comment that comes forward is that this site is difficult to build on because of the swampy conditions. She asked why people continue to propose extreme solutions in order to build on the bad site. She noted she has heard there would be a remediation cost of $5,000,000 on top of the cost to purchase the land. She explained that the reason a project would then need to be so big is to cover the necessary costs, rather than this being a good fit for a project of that size. She stated that previously the site had a drug store and grocery store that were a good fit for the neighborhood. She stated the original 5,000 estimated trips included trips from residents in the neighborhood, and this projected traffic count would be a different kind of 5,000. She referenced the area across Rockford Road, which she believes to be overbuilt and commented on the horrible traffic flow in that area. She stated with the additional residential units in this development, that whole area will just become more congested. She commented that traffic will also choose to use 36th Avenue, which is already an unsafe intersection, and that should be considered. She emphasized that she does not think this scale of development would enhance the quality of life in the neighborhood. She stated she is not opposed to the retail and senior component, but believed the additional residential buildings are too much. Chair Anderson introduced Steve Bur, 4015 Orleans Lane, who stated he agrees that this is not a good site for development because of the wet site conditions. He noted that his main concern is the stormwater management plan, which he believes has not been addressed. He stated that he also agrees that 36th Avenue is a dangerous intersection and noted that many residents use that route when the Rockford Road intersection is backed up. He stated he is also concerned with the Pilgrim Lane hill, noting that is very scary in the winter months. He noted that any improvement that could be done would be helpful as traffic slides through that stop sign at the bottom of the hill during the winter. Chair Anderson introduced Linda Lake, 10820 South Shore Drive, #1, who stated that her backdoor is 20 feet from the wetland that adjoins Medicine Lake and noted that Round-Up and fertilizer is being used on the property, which drains into the wetland. She noted there are alternative things that could be used, but Dominium chooses not to use them. She provided photographs of the Dominium project that she currently lives in, highlighting poor snow removal. She also provided photographs and examples of the poorly-maintained garbage room, poorly-secured personal information and extra keys, poorly-maintained buildings, violations of city codes, lack of handicap access, and known drug use by residents. She said she believed that the City could find a better developer for this site. She commented that this residential development would bring additional crime and problems to the area. Chair Anderson closed the public hearing. Mr. Lunderby stated that he recognizes this is a challenging site. He explained that Dominium is based in the Twin Cities and headquartered in Plymouth. He commented that they believe this would be a good site for the project for many reasons, including the access to the highway and proximity to the Twin Cities. He stated it is a project of this size that makes redevelopment of this site viable. He said he believes the site could support a vibrant mixed-use development. City Engineer LaBounty stated that the traffic study accounted for the area from County Road 9 to 36th Avenue along Lancaster Lane. He noted that although the number of trips increase, the rating of the roads and intersection will remain within acceptable levels of service. He stated Approved Minutes 8 of 11 Meeting of October 30, 2019 from a stormwater perspective, the development will not increase runoff from the site under any storm events. He noted that overall concerns with the existing conditions on Lancaster Lane can be reviewed as a public works project outside of this project. He referenced the Pilgrim Lane hill, and said he will ask the plow driver to give that area extra care. Mr. Lunderby stated he is not personally involved in management. He said he recognized there were some concerning statements made by the resident and noted that he can follow-up to ensure those instances are not occurring. He noted he would bring those concerns to the management team and have a conversation with the resident to determine how they can make her experience better. He stated she lives in an older community built in the 1970s with different standards, which can create challenges with noise control. Chair Anderson recognized additional materials that will become a part of the public record. Commissioner Witt stated the Four Seasons site has been vacant for too long. She commented that this plan is as thoughtful as it can be and would be a good addition to the neighborhood. She stated that particular area is high density living and this seems to fit into that well. She thanked the developer for looking into the garages and the change to avoid groundwater. Commissioner Oakley stated he likes the plan as presented and appreciated that the developers considered the comments received on the sketch plan. He said he believed this is a good use of the challenging site. He noted that this site has received multiple plans throughout the past nine years that have not gone through to completion and the site remains empty. He stated it is horrible for people to drive through the community and view the empty strip mall, and therefore he supports doing something different. He referenced an e-mail from a resident of another Dominium property in another community and the comments received tonight from a resident in another Dominium property, which give him concern. He stated he would like to believe that Dominium can be a good developer and will be held to a higher standard. He stated he will be supporting the project, although there may be managerial issues that the commission cannot consider. Chair Anderson stated that he feels the same as Commissioner Oakley, noting that he has also witnessed the demise of the site and the multiple proposals that have come forward, but have not come to fruition. He stated this is a plan that conforms to the comprehensive plan, provides flexibility in the retail area, and provides senior housing. He stated he was concerned with the resident who spoke about poor management by Dominium at other properties. He asked everyone to hold the developer accountable to keeping the tenants happy. He stated he supports the project as it meets the desired goals for the site with well-designed architecture. Motion was made by Commissioner Oakley, and seconded by Commissioner Witt, to recommend approval of the request by Dominium to allow redevelopment of the former Four Seasons Mall site located at 4200 Lancaster Lane. With all members voting in favor, the motion carried. New Business Approved Minutes 9 of 11 Meeting of October 30, 2019 (6.01) Public meeting on a variance to the side-yard setback for a garage addition for Matthew Nelson on property located at 17510 25th Avenue (2019076) Senior Planner Berglund provided a summary of the project. Chair Anderson asked the additional elevation of the proposed garage floor compared to the existing. Senior Planner Berglund stated that staff has requested that information, but has not yet received that data. Commissioner Oakley stated it appears the existing grades are shown on the proposed plan, and he would assume an increase in grade away from those areas. Senior Planner Berglund replied that if approved, required survey revisions would be necessary to include garage floor elevation, elevations around the proposed garage, and additional information on the expanded site and elevation of the driveway. Commissioner Witte stated that it appears the minimum action that could be taken to solve the drainage would be to rebuild a two-stall garage with an extension that would not require a setback variance. Senior Planner Berglund noted that the existing garage could be expanded in the other direction and the setback would be met. Commissioner Witte asked if there have been comments from the neighbors. Senior Planner Berglund stated that staff has not, but noted that the applicant has spoken with the neighbor to the west and can provide details. Chair Anderson asked the code requirement for the front-yard setback and whether the garage could be expanded backward and forward. Senior Planner Berglund stated that the current setback is 25 feet, while the home is set back considerably more than that, confirming that expansion toward the front could occur as well. Chair Anderson introduced Matthew Nelson, the property owner, who stated that he purchased the home two years ago and has had multiple issues with water, providing details on the different flooding issues. He stated if the garage is increased in size, it would increase the value of the property, which could also increase the value to other property owners. He stated he spoke with the neighbor to the west who did not have an issue with his request. He stated that he would ensure that the water would flow out into the street into the storm drain as intended. He explained that his family enjoys outdoor activities and would like to park both vehicles inside the garage, which is why the additional space is requested. He asked how the variance could be detrimental to public welfare. He stated there is a very large tree and steep slope behind his home, which makes it not feasible to expand the garage to the back. He stated that in speaking Approved Minutes 10 of 11 Meeting of October 30, 2019 with the contractor, the garage floor would need to be raised two feet. He commented that expanding the garage to the front would look odd and would not fit with the character of the neighborhood. Commissioner Witte referenced the aerial photograph and noted there are some homes that appear close to the property line. He asked if there is precedent in the area for smaller side-yard setbacks. Senior Planner Berglund stated that he pulled surveys for the homes, and it appears they all meet the 15-foot setback. He noted that the homes appear closer to the property lines on the aerial photograph than they actually are. He referenced the “detrimental to public welfare” language in the variance criteria, explaining that the reduced setback would have an impact on the property to the west. Commissioner Saba asked how often the City reviews a request to reduce a side-yard setback by half. Senior Planner Berglund stated that in the RSF-1 district, it is not a common request to reduce the setback by half. Commissioner Witte asked the side-yard setback requirement when the home was built in the 1960s. Senior Planner Berglund commented that he believes that setback to have been 15 feet as many of the homes are set back 15 feet. Commissioner Saba stated that he lived in this area previously and is familiar with the area. He noted if the reduction to the setback was not so large, perhaps he could support it. He noted that not many of the homes in this area have added a third stall, and he would be concerned with the precedent this could set for such a small setback. He stated he visited the home when it was for sale and noticed that the garage was low and that water had been in there. He said he recognized that with the pitch of the roof, it would seem awkward to expand in a direction other than to the side. He noted that he struggles with the small side-yard setback. Commissioner Oakley stated that in regard to the variance criteria, he does not believe there to be practical difficulties in complying with the criteria. He noted that the number one issue is keeping water out and raising the garage floor should solve that problem without negatively impacting the neighborhood. He stated that adding additional space to the front or back would also provide the additional storage desired. Commissioner Narr said she understands the desire to use the garage for more than car parking. She stated perhaps the area of the garage could be increased without reducing the side setback. She agreed that expanding to the front would provide a good resolution. Chair Anderson recognized the trouble with water that the applicant is facing, but also believed that to be a part of living in Minnesota with a basement. Approved Minutes 11 of 11 Meeting of October 30, 2019 Motion was made by Commissioner Oakley, and seconded by Commissioner Witte, to recommend denial of the request by Matthew Nelson for a variance to the side-yard setback for a garage addition on property located at 17510 25th Avenue. With all members voting in favor of denial, the motion carried. Adjournment Chair Anderson adjourned the meeting at 9:31 p.m.