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HomeMy WebLinkAboutPlanning Commission Minutes 02-15-2012Approved Minutes City of Plymouth Planning Commission Meeting February 15, 2012 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Gordon Petrash, Bryan Oakley, Scott Nelson and Marc Anderson MEMBERS ABSENT: Commissioner Nathan Robinson STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Marie Darling, Senior Planner Joshua Doty, Public Works Director Doran Cote and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Planning Manager Thomson added Item 7.A. Cancellation of March 7, 2012 Planning Commission Meeting. MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the modified February 15, 2012 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE FEBRUARY 1, 2012 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the February 1, 2012 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARING A. GWS LAND DEVELOPOMENT OF PLYMOUTH LLC (2011095) Chair Davis introduced the request by GWS Land Development of Plymouth, LLC for rezoning to RSF-3 and preliminary plat for "Terra Vista" for 128 single family lots at the southeast corner of County Road 47 and Dunkirk Lane. Approved Planning Commission Minutes February 15, 2012 Page 2 Senior Planner Darling gave an overview of the staff report. Senior Planner Darling discussed the revised resolution which reflects the applicant's proposal to construct Dunkirk Lane in phases. She said the revised resolution also affects future street access to the properties at 5915 and 5955 Dunkirk Lane. She said the applicant reviewed the steep grades on the east side of the existing Dunkirk Lane and said they cannot construct a roadway to meet city standards for this short road segment. She said the applicant proposes a full right-of-way to the adjacent property owner's where the existing driveways are located. Senior Planner Darling said the grade situation is better and either property owner would be able to construct a roadway when they choose to develop. Chair Davis introduced the developer, Dave Gonyea, GWS and Gonyea Company who thanked staff and said they did a good job. Commissioner Nelson asked if the developer would bear the cost of rebuilding the extension of the two affected driveways. Mr. Gonyea answered affirmatively. Commissioner Nelson asked if there is any activity on the land between Terra Vista and Spring Meadows 2 and if it is privately owned. Mr. Gonyea said they have a preliminary plat on the north half of the Spring Meadows development, there are three 10 -acre privately owned parcels, and the city owns a parcel. Commissioner Anderson asked what the grade would be after the Dunkirk Lane rebuilding. Bob Molstad, Sathre-Berquist, Inc. said the resulting grade would be 6%. Mr. Gonyea stated they would be adding turn lanes at County Road 47. Commissioner Kobussen asked when the driveways and street construction would occur. Mr. Gonyea said their intention is to put in the driveway and leave the right-of-way there. He said he is unsure how 5915 Dunkirk Lane will develop and said that access could be extended from the south if everyone develops at the same time. Mr. Gonyea said they will leave enough right-of-way on Dunkirk Lane so that the owner of 5915 Dunkirk Lane could curve the new road and save the house and develop around it. Commissioner Kobussen said there doesn't seem to be an advantage of having the emergency exit right-of-way. He said the likelihood of it ever being used is low, and it may be better to construct it down the narrow strip of land that goes to Vicksburg Lane. Mr. Gonyea said if the road ever got blocked, there is another way in and out of the development. He said the narrow strip to Vicksburg is proposed to be dedicated for the Northwest Greenway. Approved Planning Commission Minutes February 15, 2012 Page 3 Commissioner Kobussen asked about the three outlots proposed. He asked if Outlet A would be connected to another lot at this time. Mr. Gonyea said two outlots would contain park trails. He said they would need to show access to the larger outlot in the 3rd phase of development. Senior Planner Darling said that with the third phase the developer would have to show the outlet combined with one adjacent lot to the south so there would be public access or show access with the property to the east if it has developed. Commissioner Petrash asked about the time frame between phases of the project. Mr. Gonyea said they anticipate working on Phase 1 - the north piece- in 2012, Phase 2 — the southern piece — in 2013, and Phase 3 — the eastern side — in 2014. Mr. Gonyea said this is an estimate, and it is based on selling the lots. Commissioner Nelson asked if grading would be completed by phase or all at once. Mr. Gonyea said they would grade all of Phase 1 and part of Phase 2 as some of the dirt from the hill in Phase 2 would be needed to balance the Phase 1 area. Commissioner Nelson noted there will be a highly elevated area which will be disturbed and expose dirt; he asked how the dust and dirt would be controlled. Mr. Gonyea said the grading permit has requirements that turf has to be re-established. He said there would be a silt fence around the wetlands and the entire site. Chair Davis asked about the city property and the future park. Senior Planner Darling said the property to the southwest was acquired for an extension of the Northwest Greenway. She said the parcel across the street and a portion of the western lot provide some additional land for buffering from the dog park. Senior Planner Darling said the trail corridor will wrap around the large wetland basin and as land is acquired, the trail will be extended through the two city parcels and eventually across Vicksburg Lane. Senior Planner Darling said the comprehensive plan identified a neighborhood park further south which would be accessed by Dunkirk Lane. Planning Manager Thomson added that the city has looked into purchasing the Begin property on the southeast side of this plat for the 10th playfield. Commissioner Kobussen asked about sewer and pond access, particularly the southwest pond. Mr. Gonyea said two storm ponds would have access from County Road 47. Mr. Molstad said the southwest pond would be accessed off the trail. Approved Planning Commission Minutes February 15, 2012 Page 4 Commissioner Kobussen said he assumes all dead end streets will have turnarounds until the streets are connected. Mr. Gonyea said Fire Inspector Stan Scofield said if they are less than 150 feet from where you can get a hammerhead, then you do not need a temporary cul-de-sac but the others would have turn-arounds. Chair Davis opened the public hearing. Chair Davis introduced Paul Hetchler, 5855 Dunkirk Lane. Mr. Hetchler said he and Steve Roell, 5915 Dunkirk Lane, have discussed their driveways and access. Mr. Hetchler said he heard access to his property would be an extension of 59th Avenue so access to Mr. Roell's future lots would not affect his house. He said on February 13, 2012 something changed regarding that issue. He stated the explanation given was that the grade change was too much to make it workable, but he seriously doubted that. Mr. Hetchler asked what the grade maximum change is. Mr. Hetchler said from a safety perspective, he and his neighbors thought the proposal that included eventual alignment with a road to Roell's by way of coming across at 59th Avenue seemed to be a good proposal. Mr. Hetchler said he had spoken to staff about the possibility of putting a "T" on his driveway to eliminate backing out onto a curve and a higher volume traffic roadway. He requested that we leave the gravel so he can make a turnaround and access Dunkirk Lane resulting in improved safety conditions for his family. Mr. Hetchler said he hopes to maintain a second driveway as it accesses the barn, and they can move equipment in and out as they currently do. Chair Davis introduced Paul Wardell, 16395 County Road 47. Mr. Wardell said currently the water flow goes north, northeast across the property 16405 County Road 47, then onto his property and into a pond. Mr. Wardell said he is concerned that replacing dirt with hard surfaces and filling a wetland will cause erosion on his property. Mr. Wardell said farming practices on the subject property resulted in open water being filled in and now there is only swamp. Mr. Wardell said it is hard to determine the post development and pre -development runoff rate when there were 100 inches of snow last year compared to this year. Mr. Wardell asked about runoff during development. Mr. Wardell said he is not opposed to the development, but said he is concerned that if there is damage to his and Mr. Reinke's properties by this water runoff that the city will say we did some damage and will compensate. Chair Davis introduced Bob Schoeneberger, 16845 County Road 47. Mr. Schoeneberger said on February 13, 2012 he was told that 59th Avenue would be continued so it would be possible for his property to have access from extended 59th Avenue rather than County Road 47. Mr. Schoeneberger said the county has talked about closing off as many driveways as possible for safety which necessitates an alternative access, probably Dunkirk Lane. Mr. Schoeneberger said once there are dwellings on the northwest corner, there is no longer an option to access Dunkirk Lane for further development. Mr. Schoeneberger said for the three property owners along County Road 47, the possibility of developing becomes more difficult if there is no old Dunkirk Lane. Mr. Schoeneberger said these are the implications and asked why the roadway location changed so recently. Approved Planning Commission Minutes February 15, 2012 Page 5 Chair Davis introduced Sarah Amelotte, 5905 Terraceview Lane. Ms. Amelotte said she has noticed a lot of building in the area and has general concerns about traffic on Vicksburg Lane and County Road 47. Ms. Amelotte noted that Maple Grove appears to have prebuilt the roads and has a four -lane roadway and stop lights ready to handle traffic. She said that she has heard Plymouth would need federal funding for the railroad tracks but that won't happen until 2014 and now there could be another 128 homes. Ms. Amelotte asked how school district communication occurs when another 128 homes are built in the Wayzata School District. She said she was unable to find all day kindergarten at Plymouth Creek and had to send her child to a private school. Chair Davis closed the public hearing. Planning Manager Thomson asked about the grade change maximum on 59th Avenue. Senior Planner Darling stated the maximum grade change for local streets is 7%. Senior Planner Darling discussed the safety issue at 59th Avenue. She said previously the road was to be continued to provide a stub to 5915 Dunkirk Lane. She said the applicant has pointed out grades make it very challenging to get a road to 5915 Dunkirk Lane and then into that property. Senior Planner Darling said the applicant proposed to place a 50 -foot right-of-way further south where grades are more amenable to construct a road to city standards to serve either of those properties or further west if they develop in the future. She said the Engineering Department has no concerns with Mr. Hetchler keeping a segment of Dunkirk Lane as a turnaround for both property owners, and suggested Mr. Hetchler discuss that with the applicant. Commissioner Petrash said it would be challenging to continue 59th Avenue and asked if it can be done. Public Works Director Cote responded that generally speaking there is nothing that can't be done but how difficult and how costly would it be. He said in this case, putting in the access roadway across from 59th Avenue when taking into consideration the property to the west and what the roadway has to do beyond Dunkirk Lane proves to be more challenging. Public Works Director Cote said what the applicant has proposed would be easier with respect to developing the properties to the west. Commissioner Nelson asked if moving the extension further to the south assumes that the house has to go when that development occurs. Public Works Director Cote said there are some opportunities between the Lot 5 house pad and these two houses to curve a road so that it could continue to the north similar to the old Dunkirk Lane, and then to the west. Commissioner Oakley said the applicant's grading plan indicates that a drop from the end of the proposed road to the property line is four feet aiming at a ridge. He said the alternative is to move the road south and then curve north to end up in the same place. Commissioner Oakley Approved Planning Commission Minutes February 15, 2012 Page 6 said it is more difficult to make the second alternative work than the first alternative. He said if 59th Avenue is extended there is still potential curving back to the south as opposed to the new proposal pointing straight north at a grade that is impossible to build on. Commissioner Oakley said he thinks staff had it right the first time and said the alternative is not an improvement over the situation. Commissioner Kobussen said he looked at the site and said there is a 50 -foot drop on the west side of Dunkirk Lane where 59th Avenue would go through. Commissioner Kobussen said he didn't think there is a way to put a road in at that point and suggested moving it further south. Commissioner Kobussen said he would like to see the southern driveway tied into the street right-of-way and make a wide enough turnaround for backing in and out to access Dunkirk Lane straight on. Commissioner Anderson noted there are ghost plats on the properties to the east and said intelligent thought was put into how roads and cul-de-sacs tie into those properties. He asked why we are not seeing a ghost plat with this proposal for development to the west. Planning Manager Thomson addressed the safety issue and said Dunkirk Lane is a minor collector and would not present a large safety concern. Public Works Director Cote concurred. Mr. Gonyea discussed water flow and said all the sites are designed to accommodate any additional runoff. He indicated there are NURP ponds and drain tile hooked back to the storm sewer. Mr. Gonyea stated that the site is designed so post development runoff, including that in the northeast area, should be less than what you are seeing now. Commissioner Anderson said runoff rules are to be equal or less for post development runoff, and asked if that is true specifically in this case for those properties. Mr. Gonyea said there are rain gardens, catch basins and extra effort has been put in to make sure there is no extra water flowing east, northeast. Mr. Molstad, Sathre-Berquist (the developer's consulting engineer) added there are two infiltration basins, plus they have extended storm sewer in both back yards to drain directly north to a pond. They have modeled this separately and have completed and sent in the storm water model to the city and watershed for review and comments. Commissioner Anderson asked if the runoff rate is equal or less than the current runoff in that location. Mr. Molstad answered affirmatively. Mr. Gonyea commented that part of the roadway issue is the 60 feet of fall to the west; to bring a road around the house at 5915 Dunkirk Lane would take a monumental amount of dirt. He said they can provide additional right-of-way so they can get a road alignment to curve and line up with the old Dunkirk alignment and still keep a full setback from the two existing houses to the new road. If we continued 59th Avenue, a road may never get extended to the west and you'd have a road running between two houses. Approved Planning Commission Minutes February 15, 2012 Page 7 Mr. Gonyea said the zoning to the west of the proposed development is one lot per acre, and he said as a developer they would not envision doing a ghost plat there with the amount of fill that would be required. He said they could do some ghost platting but would not put a road through a 50 -foot ravine. Commissioner Petrash asked if there have there been alternative plats that would address moving 59th further south. He said it seems like we are working into a point where there is a problem and suggested solving the problem to make the plat work. Mr. Gonyea said they were not aware of any conditions connecting the road to the west until a week ago. He said they would never envision putting a road into those type of grades. He said there are properties every 300 feet on Dunkirk Lane; they tried to accommodate a solution for the neighbors if that did happen and not leave a dead end road sitting there for the city if this property develops in a different direction. Commissioner Petrash said as a developer you would ideally develop the road further south. He asked if a plat could be developed that has 59th Avenue moved further south so it becomes more of a straight in access to a ghost plat. Mr. Gonyea said moving the road further south would not affect Mr. Hetchler as this property would continue to be directly accessible to Dunkirk Lane. This stub is strictly to accommodate the neighbor at 5915 Dunkirk Lane. Planning Manager Thomson clarified the issue is providing access to the singular property. She said others still have access to Dunkirk Lane. Planning Manager Thomson said because these are five -acre parcels, it would take everyone working together to form a single plat. Commissioner Oakley asked about the storm water runoff during construction. Mr. Gonyea said there would be silt fences and culverts protected by bales until the storm sewer is in. Mr. Molstad said as we prepare a final grading plan for Phase I we will have an erosion control plan that would be submitted to the city for review, an NPDES storm water permit from the PCA, an erosion control review with the watershed, and there would be a weekly site walk with the city and after every half-inch rainfall. Planning Manager Thomson said that Mr. Schoeneberger would have access provided to his property in the future, but it would not come necessarily from this property. Public Works Director Cote discussed traffic and roadway development in the city, and said the city's five-year capital improvement program includes upgrades to Peony Lane and Vicksburg Lane. He said that County Road 47 is a county road and the city cannot control when upgrades are made. Public Works Director Cote said there have been discussions regarding jurisdictional transfer of County Road 47 to a city street, but that has not taken place. He said the City Council is very aware of the situation in northwest Plymouth and has asked staff to come back in the next Approved Planning Commission Minutes February 15, 2012 Page 8 six to eight months with a full infrastructure review north of the existing development and west of Dunkirk Lane. Commissioner Petrash discussed how quickly the city is expanding with development, and asked if the infrastructure such as schools and traffic are lagging. He said we are dealing with the development piece by piece and questioned the commission's responsibility on how to put the pieces together. Commissioner Petrash said he is concerned about Vicksburg Lane and the roads are difficult to navigate at times. He said it seems like we are creating a greater problem by looking at pieces separately without looking at the big picture. Planning Manager Thomson said the 2030 comprehensive plan did look at development based on the type of land uses proposed and the kinds of improvement needed. She said transportation improvements generally follow development, and added in this case there are plans to make upgrades to accommodate the growth that would be anticipated in the area in the upcoming years. Commissioner Petrash asked if there have been traffic studies done on these roads as there is a variety of vehicles and speeds and there are nervous people on the same road. He said we should find some way to express ourselves. Commissioner Anderson said he is concerned about County Road 47 and said portions of County Road 47 were upgraded and funded by the developer when Legacy Park went in. He asked what is happening on County Road 47 west of Vicksburg in terms of the city collecting anything from developers. Commissioner Anderson said the county has put their head in the sand and they want to give the road to the city. Public Works Director Cote said this applicant is required to upgrade the intersection where they access County Road 47. He said the Taryn Hills development did upgrade County Road 47 as they were the first one in and it was required to be upgraded that time. Public Works Director Cote said this parcel is not necessitating an improvement to the Vicksburg Lane intersection. Chair Davis asked if there would be a traffic light at Dunkirk Lane and County Road 47. Public Works Director Cote said not at this time. Chair Davis asked if a signal would be put in as development progresses in this area. Public Works Director Cote said the threshold for a traffic signal on county roads is very high. He said 128 homes would not dictate the need for a traffic signal. Public Works Director Cote said when this road connects to Schmidt Lake Road, it may dictate a need for a traffic signal. Planning Manager Thomson said that the city and school district are in communication regarding development occurring in the city. Approved Planning Commission Minutes February 15, 2012 Page 9 Senior Planner Darling said Mr. Hetchler asked about retaining the second driveway connection on the west side. She said there would be no changes to close off that particular. Chair Davis asked if the second driveway would need to be upgraded to a paved surface after Phase I. Senior Planner Darling responded that gravel is considered an acceptable driveway for single family homes. Commissioner Petrash asked Mr. Gonyea if potential home buyers are aware that Plymouth people are not getting into the Wayzata schools. Mr. Gonyea said there are in constant contact with the school district. He clarified that the all day kindergarten is not available to everyone, but there is plenty of capacity for other students. He said if there were issues and there was demand, a new school could be built on property the school district owns to the north and west. Chair Davis asked about the plan for development on the west side. Senior Planner Darling said the four parcels on County Road 47 are guided LA -R2 and can have two to four units per acre. She said Mr. Hetchler's property and those further south are LA -RT which could have one unit per acre. Planning Manager Thomson added for development to happen to the west, the property owners would have to work together as grading issues complicate development. Commissioner Petrash reiterated that the concerns and a sense of urgency regarding the developments, streets and schools should be carried to the county or city council. He said he is concerned about us looking at all the little pieces and what if the puzzle doesn't come together. Commissioner Oakley said the issue with the road concerns him; he said after listening to comments he agrees with the developer that it is easier to access a conglomerate of properties further south on Dunkirk Lane. He said he is disturbed to hear there would be two types of land uses at a good access point but this could be changed if a group of property owners came together. Planning Manager Thomson said the guiding on the west side was driven by property owners' desires at the time we did the comprehensive plan. She said if a property owner wants to develop in a different fashion, we would look at that. Commissioner Oakley said he wished this detail would have been addressed here as the rest of the plan is well thought out. Commissioner Oakley said he appreciates the engineer's explanation of the storm water system, both finished and during construction. He said there would not be a problem of too many houses in too small of a space. Commissioner Oakley said he would support the proposal even though the road is not exactly where he wished it was. Commissioner Anderson said he sees a lot of things he likes such as the emergency access points and trails. He said he is not concerned about runoff as that would be regulated and the ponds Approved Planning Commission Minutes February 15, 2012 Page 10 will handle runoff adequately. Commissioner Anderson discussed the driveway location and said we can't land lock anyone. He said the new location further south of 59th Avenue and swinging a road to the north means it would hit perpendicular on the slopes. He said if 59th Avenue were continued to the west and curved to the south, there would be an opportunity to do something. But the slopes behind that house are excessive. Commissioner Anderson said no matter where the road is, the house would have to come out, possibly squeezing in a couple lots. Commissioner Anderson acknowledged this is a tough situation and said he thinks the extension from 59th Avenue may give it greater flexibility, which is the desire of Mr. Roell. Commissioner Anderson said he would like to see it in that location and he supports the rest of the proposal. MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by GWS Land Development of Plymouth, LLC for rezoning to RSF-3 and preliminary plat for "Terra Vista" for 128 single family lots at the southeast corner of County Road 47 and Dunkirk Lane. Motion for an amendment by Commissioner Anderson, seconded by Commissioner Oakley, to approve the extension into the Roell property from the extension of 59th Avenue. Roll Call Vote. 3 Ayes. Amendment failed. Commissioners Kobussen, Petrash and Chair Davis voting nay. Chair Davis said he is not against the proposed idea, but it is such a major idea that plans would have to be reworked and he is not prepared to throw out the proposal for just that. Commissioner Anderson said moving the road 100 feet north is not a big change. He said his point is that the commission is mixed on this issue and that should be passed on to the City Council. Commissioner Anderson said we should move ahead with the proposal. Chair Davis said he sees the benefit of the road on 59th going across and being a possible connector but he is also cognizant of the grading issue. He said he is not a civil engineer and he is hesitant to impose a requirement like that. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. ALLINA HOSPITALS AND CLINICS (2011099) Chair Davis introduced the request by Allina Hospitals and Clinics for a PUD amendment for an expansion to the WestHealth building and preliminary plat for one new lot at 3005 Campus Drive. Senior Planner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Bob Solfelt, Director of Real Estate Development for Mortenson, who said he and his staff are in agreement with the staff report. Approved Planning Commission Minutes February 15, 2012 Page 11 Commissioner Nelson noted they would be busiest after medical offices are closed, and asked if that is the nature of the emergency business or the urgent care. Daryl Schroeder, Allina Health, said they have partnered with North Memorial for the past 17 years and have been running a very busy urgent care center that accommodates 32,000 visits per year. Mr. Schroeder said these visits now are from 8-10 p.m. This emergency department would provide access from 10 p.m. until 6 a.m. Commissioner Nelson asked if patients in this facility would be transported to North Memorial. Mr. Schroder explained that of existing patients that arrive, 5-15% need to be transferred to a location of the patient's choice. He said a patient at this emergency facility would have Abbott Northwestern certified physicians and then they would become patients of Abbott Northwestern hospital. The patient has the choice to disconnect from Abbott Northwestern, but as a rule a patient would elect to continue and go to the next level of care at Abbott. Commissioner Nelson asked if an ambulance service would be coming into this facility. Mr. Schroder said they will work with the North and Allina Health System ambulances who will determine their capabilities as patients are serviced and transferred. The EMT, the ambulance operator, and the patient will determine where they would go, with a tendency to direct them to the closest site. Commissioner Nelson said there is one main drive coming in, and asked if there would be any rules or issues for emergency service vehicles using this entrance. He asked if they would be relegated to one entrance. Senior Planner Darling said there is an ambulance garage on the north side of the building and incoming patients would be triaged directly from the ambulance garage. She said police and fire staff asked that all drive aisles connecting with the main entry have signage, "Yield To Emergency Vehicles" so they will always have the right-of-way in these areas. Senior Planner Darling said there would be two accesses to Campus Drive. Commissioner Petrash asked if the ambulances would be restricted to the north drive or could both drives be utilized. Senior Planner Darling said there are no limitations on ambulance access to the property, but the most convenient and fastest access would be through the northerly drive aisle. She noted the southerly drive aisle is more circuitous and would have more traffic during the day, making it an unlikely ambulance access. Commissioner Kobussen asked who would determine the need for additional parking spaces. Senior Planner Darling explained there would be two options: the applicant can add parking as they find it necessary for their use. She said if parking issues are documented, staff would also Approved Planning Commission Minutes February 15, 2012 Page 12 initiate discussions with the property owner to expand parking on site. If there is no response, the council can order changes. Chair Davis questioned why the addition would be on its own lot. Mr. Solfelt said Allina is trying to maintain the most flexibility on the site for future growth and development, and ownership of both the medical office buildings and urgent care. Commissioner Anderson said the new plat has the new building on Lot 1, Block 1, and the rest of the site is Block 2. He said there has to be parking to make it work, so why isn't the parking on Lot 1. Commissioner Anderson said if these had different ownerships and were financed in a different way, somebody could default on the parking lot, resulting in no parking. Senior Planner Darling said the city is requiring cross access parking and maintenance agreements recorded against each of the properties. The agreement would be amended to include the new lot as well. Senior Planner Darling added this type of plat is no different than townhouse or condo plats, where common properties are maintained jointly. Planning Manager Thomson added that the city previously approved the existing buildings on a separate lot. She said this is the same situation as at Lifetime Fitness and the Ice Center. Commissioner Anderson said the proposal would involve removal of many trees, and asked if the tree requirement is for the whole site or specifically for this area being developed. Senior Planner Darling said this property was originally subdivided prior to current tree preservation requirements. She said the PUD looked at tree preservation as a whole through the development and the city council elected to preserve trees primarily along Plymouth Creek north and east of this property. Trees on this property were originally indicated to be removed. Commissioner Anderson said when the pond expands to accommodate, resulting tree removal is grandfathered in. Planning Manager Thomson answered affirmatively. She added when the entire Northwest Business Campus was developed, it was determined which areas would be most important to preserve trees and this area was not one of them. Commissioner Anderson asked if the cell tower is on this property. Senior Planner Darling clarified the cell tower is on this property and is accessed from the property to the north. Commissioner Anderson said he is pleased to see the Allina expansion in our city, and a 24-hour emergency service is a good and needed service for the area. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Approved Planning Commission Minutes February 15, 2012 Page 13 MOTION by Commissioner Oakley, seconded by Commissioner Petrash, to approve the request by Allina Hospitals and Clinics for a PUD amendment for an expansion to the WestHealth building and preliminary plat for one new lot at 3005 Campus Drive. Chair Davis said he hopes to never use this facility but is glad it will be there if he does need it. Commissioner Kobussen agreed it will be a great addition to the community, and said he has used this facility, but had to be moved to another hospital because they did not have the emergency facility at that time. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C. PERFORMANCE POOL & SPA, INC. (2012002) Chair Davis introduced the request by Performance Pool & Spa, Inc. for a conditional use permit to allow accessory retail within an existing industrial building at 2405 Annapolis Lane. Senior Planner Doty gave an overview of the staff report. Chair Davis introduced the applicant, Brett MacNally, who thanked Senior Planner Doty and said he was great to work with. Mr. MacNally said he is excited to come to Plymouth. He said their facilities at Oakdale, Woodbury and Burnsville employ local people, and the Plymouth location would complete the loop of I- 694/494. Commissioner Nelson asked if the other stores have this common layout in an industrial area. Mr. MacNally answered affirmatively, and said access to the freeway frontage is more important than location. He said most customers don't come into the store as they go to the site for pool maintenance. Mr. MacNally said this is a design -type showroom. Commissioner Nelson asked if there is an actual pool in the showroom. Mr. MacNally said it is a 13 -foot x 26 -foot pool, which is smaller than a yard pool. He said the city had an issue with pool depth and this pool will show jets, fountains, and display. Commissioner Anderson asked how the 25% or less retail requirement is determined. Senior Planner Doty said this business clearly has both retail and wholesale elements. He explained retail sales are cash and carry. Senior Planner Doty said the pool, spa, paver samples and display areas indicate a wholesale showroom function, and he said the 25% is essentially the front of the store. Commissioner Kobussen asked if there would be any hazardous chemicals. Approved Planning Commission Minutes February 15, 2012 Page 14 Mr. MacNally said yes and the Material Safety Data Sheets (MSDS) will be provided to the fire inspector. He said he assumed Plymouth would have yearly inspections and the records would be on file. Mr. MacNally added these materials would be in extremely small quantities. Senior Planner Doty added that would be part of the building permit process. Chair Davis opened and closed the public hearing as there was no one present to speak on the items. MOTION by Commissioner Kobussen, seconded by Commissioner Anderson, to approve the request by Performance Pool & Spa, Inc. for a conditional use permit to allow accessory retail within an existing industrial building at 2405 Annapolis Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. D. CITY OF PLYMOUTH (2011080) Chair Davis introduced the request by the City of Plymouth for the annual update to the zoning ordinance and city code. Senior Planner Drill gave an overview of the staff report. Commissioner Kobussen asked how a restaurant with sit down, take out and drive through is defined. Senior Planner Drill said if a restaurant has a drive-through service window, then it is considered a drive-through restaurant. Chair Davis asked for an example of a homeowner association owned amenity lot. Senior Planner Drill said an example would be the private pool in Terra Vista and other developments where the developer sets aside a lot to be owned and maintained in common by the homeowner's association. He said they often include a pool and a pool house, a jungle gym or other private amenities for the development. Commissioner Kobussen said there is a reference to approval by the "board" for variances, and asked who that is specifically. Senior Planner Drill said the city council is acting as the Board of Adjustments and Appeals when approving variances. Commissioner Kobussen asked if this wording could be changed to City Council. Planning Manager Thomson answered negatively. Senior Planner Drill noted it is referenced elsewhere in the code that the Board of Adjustments and Appeals is the City Council. Approved Planning Commission Minutes February 15, 2012 Page 15 Commissioner Petrash said the proposed signage language would be significantly improved. He said he is more conscious of signage and said he sees signage that doesn't meet requirements. Planning Manager Thomson said the basic impetus behind the signage change is it makes sense that every business have a sign. The change eliminates a variance situation, where common sense tells you that a business should be allowed to have a sign by their main entrance. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Nelson, seconded by Commissioner Petrash, to approve the request by the City of Plymouth for the annual update to the zoning ordinance and city code. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Commissioner Kobussen commended Senior Planner Drill on getting this organized. 7. NEW BUSINESS Planning Manager Thomson indicated there are no items for the March 7, 2012 Planning Commission meeting. Chair Davis recommended cancelling the meeting. Vote. 6 Ayes. 8. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 9:24 p.m.