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HomeMy WebLinkAboutPlanning Commission Minutes 07-06-2011Approved Minutes City of Plymouth Planning Commission Meeting July 6, 2011 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Nathan Robinson, Scott Nelson, Bryan Oakley and Marc Anderson MEMBERS ABSENT: Commissioner Gordon Petrash STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Joshua Doty, City Engineer Bob Moberg 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 MOTION by Commissioner Nelson, seconded by Commissioner Robinson, to approve the July 6, 2011 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 15, 2011 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Oakley, seconded by Commissioner Kobussen, to approve the June 15, 2011 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION approved. B. CITY OF PLYMOUTH MOTION by Commissioner Oakley, seconded by Commissioner Kobussen, to approve the request by the City of Plymouth to approve a site plan amendment for parking improvements at the Plymouth Dog Park located at 17005 County Road 47. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. OPPIDAN, INC. (2011014) Chair Davis introduced the request by Oppidan, Inc. for a land use guide plan amendment, preliminary plat and PUD amendment for Crossroads Commons at the former Plymouth Approved Planning Commission Minutes July 6, 2011 Page 2 Shopping Center site located south of Highway 55 between Cottonwood Lane and County Road 73. Senior Planner Drill gave an overview of the staff report. Senior Planner Drill said several letters were received and are provided as part of the public record. Chair Davis introduced the applicant, Paul Tucci, Oppidan, Inc. Mr. Tucci said Oppidan has a purchase agreement to buy the entire site. Mr. Tucci said the access points for the approved road system for the original 2006 PUD are almost identical to what they are proposing. However, the design of the road will keep traffic to the north away from the residential area and the soils would be more stable than by the wetland. Mr. Tucci said these uses and the projection of 25,000 square feet on Outlot B will generate 40% less trips than the 2006 PUD. Mr. Tucci said the 40 -foot wide road with turn lanes, and the street lights, boulevard trees and sidewalks would create a safer traffic environment than what exists today. He said lengthening the access road into the site will result in better safety at the intersection of Highway 55 at W. Medicine Lake Drive. Mr. Tucci reviewed the building materials boards for the senior building and the McDonald's. Mr. Tucci said for the road construction, a vault will be provided which will treat some of the storm water before it is released into the system. He said the two existing ponds are not adequate for the proposed development so they are providing more. Individual sites will provide additional water quality management onsite. Mr. Tucci said they have not identified users for the remainder of the site yet. Mr. Tucci said they are generally in agreement with the staff report, and are working with the city engineer regarding further plan revisions that address some of the remaining conditions in the approving resolutions. Commissioner Nelson asked why the senior building was not on Outlot B as five acres are developable and the proposed senior building would be on 3.5 acres. Mr. Tucci said the proposed building location would create a better transition from the higher traffic commercial uses to the residential use. Commissioner Nelson asked if the fast food restaurant would be acceptable with current guiding. Senior Planner Drill answered affirmatively, and said the PUD would have to specify fast food with a drive through. Commissioner Anderson said the daily trips of 3,765 are 40% less than previous plans. He asked how that would impact peak traffic regardless of the daily average, as peak can make a significant impact on a site. Senior Planner Drill said the traffic study indicated a.m. and p.m. peaks were lower in all cases. He displayed a table showing lower numbers in comparison to the 2006 plan. Chair Davis asked if those numbers reflect retail on the outlot or just the senior building and fast food restaurant. Approved Planning Commission Minutes July 6, 2011 Page 3 Senior Planner Drill said the study anticipates up to 25,000 square feet of commercial use on the outlot. Commissioner Anderson asked if the existing frontage road is on the existing right-of-way. Mr. Tucci responded affirmatively and said the existing frontage road is being removed from the right-of-way. He said they have also made application to Mn/DOT to deed back a small piece which is in the right-of-way, and Mn/DOT was open to that idea. Commissioner Anderson said the existing frontage road goes away and the only way to travel is on the new frontage road, resulting in greater stacking at the signal. Commissioner Anderson said this is definitely moving in the right direction in terms of traffic. Chair Davis asked if there is access to Cottonwood Lane from the south end. Mr. Tucci said Cottonwood Lane dead ends. He said for fire safety, a hammerhead turn around would be installed. Chair Davis said under the 2006 plan they could access the site from Cottonwood Lane and this proposal would decrease traffic into the neighborhood. Commissioner Anderson asked how the height of the building relates to surrounding residential areas. He said there are letters from neighbors concerning backyard privacy compromised because of height. He asked if they have prepared any cross sections or visual angles to view. Mr. Tucci stated no sight line studies have been done. Chair Davis recommended sight lines be prepared for the next meeting as those studies are helpful in determining the real impact of building height. Commissioner Kobussen asked about screening behind the building. Mr. Tucci displayed new landscaping for the south side, and said there is a fair amount of trees remaining for screening. He added they are replacing over the requirement of 130 trees and putting in 166. Mr. Tucci said on the west side there will be a mix of existing, remaining and new trees coming in. Commissioner Kobussen asked about the parking requirement for staff for this facility. Mr. Tucci said less than 30-50% of the people from the assisted living side still drive. Mr. Tucci introduced Kathleen Conlin -Joyce, who said they anticipate 20 full time daytime staff, 15 evening staff, and 5 nighttime staff. Approved Planning Commission Minutes July 6, 2011 Page 4 Commissioner Nelson said this is the first MXD use in the city, and asked about benefits or reasoning for this guiding. Planning Manager Thomson said the MXD district was approved in the 2000 plan. She said it is suitable for a redevelopment situation such as this as it provides an opportunity to have a grouping of uses that may gain some synergy from one another. She cited the example of St. Louis Park's Excelsior and Grand which combined commercial uses with residential uses to provide that mixing of uses. Planning Manager Thomson said the zoning ordinance did not accommodate that type of mixing in the past. Chair Davis opened the public hearing. Chair Davis introduced Peter Samargia, 618 Cottonwood Lane, who said he would love to see redevelopment in this area. He said we are now on Step 6 of the 8 steps in this process. Mr. Samargia said they moved to this area with a dead-end street so kids could be out without fear of extra traffic. He said he is concerned about traffic from McDonald's coming down his street to turn around. Mr. Samargia asked why the MXD use is being used and will it increase or promote the neighborhood. He said he doesn't see looking at a four-story building in his front yard as increasing his land value. Mr. Samargia said he would like to see a sit-down family restaurant, instead of the go-go traffic that you see at a McDonald's. He said there would be increased foot traffic in the neighborhood. Mr. Samargia asked if the 80-100 year old trees being cut down can be replaced with older trees. He asked how this project is being financed, and asked if we are getting the most money out of this land. Mr. Samargia said do not hand out money to redevelop just for the sake of redevelopment. Mr. Samargia said he would like to see a single level building with mounding and fencing in the back area. Mr. Samargia said there is a fast food restaurant 1/4 mile down the road. Mr. Samargia asked if any other restaurant had looked at this lot, and asked if a Perkins or a sit-down restaurant would be more fitting for synergies. Mr. Samargia said they are a younger family who moved to Plymouth and knew this was a commercial area, but never expected someone to propose a four-story building in front of his house. He said McDonald's may have fancy brick but Mr. Samargia said he does not want to look out every morning and see it. MXD development use is new for the city, and Mr. Samargia said citizens should be more involved in this process before something like this is brought up. Mr. Samargia said there is a petition from residents in the neighborhood who will be affected. Chair Davis asked when Mr. Samargia bought the house and if he was aware of the currently adopted plan for this site. Mr. Samargia answered affirmatively. Mr. Samargia said he was not concerned about the last plan, but he is concerned about the current plan. Chair Davis introduced Daniel Lafontaine, 11400 5th Ave. Mr. Lafontaine reviewed a 1994 grading and storm sewer project where dirt was dumped in the wetland unannounced to the neighborhood. Mr. Lafontaine showed a letter to the developer from Dan Faulkner regarding damming the creek. Mr. Lafontaine said he is a registered surveyor, and he surveyed his own property to make sure he was not on a flood plain. Mr. Lafontaine said the earth was mounded Approved Planning Commission Minutes July 6, 2011 Page 5 with heavy clay. He said no one has faced the fact that the building would be on a wetland compacted with heavy clay. He said a culvert raised the elevation of the outflow in this area, restricted it, and his property would be at risk for flooding as a result. He said his house is at an 899.2' elevation. Mr. Lafontaine said this filling and compaction have resulted in raising the level of the wetland upstream. Mr. Lafontaine said he has seen noticeable changes in his house such as frost heaving, the sump pump running 365 days, and trees underwater and dying. Mr. Lafontaine said water flows in the overland swale which he and Dan Faulkner had agreed would protect him in the event of a big flood, if the swale is maintained. Mr. Lafontaine said Plymouth has to honor this agreement. Mr. Lafontaine said he concurred with Mr. Samargia there is no reason the building has to be 53 feet tall. He said his house is 34 feet and his privacy would be totally invaded by the proposed building and he is strongly opposed to it. Mr. Lafontaine suggested a one or two-story building, and sight lines are needed. He said McDonald's is not his choice, and more lanes on Highway 55 are needed for traffic to make it work. Mr. Lafontaine said he is strongly opposed to a 53 -foot high building. Chair Davis introduced Roy Beacham, 825 Cottonwood Lane. Mr. Beacham said from his house he will look straight across the front of the proposed development. He said his home is on a hill 10-15 feet above the parking lot area. Mr. Beacham said there are few existing trees and in the winter he looks at a parking lot and the roof of the abandoned strip mall. Mr. Beacham said he teaches at the seminary out his back door and does not want to leave this neighborhood. Mr. Beacham said the proposed screening is at road level and does him no good. He proposed a row of fir trees on top of the hill so his house would not look directly down on the roadway. Mr. Beacham said he had not received notices about the proposal, and commented that a McDonald's is his worst nightmare. He said he has no objection to the senior center, but is concerned for his neighbors and said sight lines need to be studied. Mr. Beacham said there would be a constant flow of traffic if the restaurant is open 24 hours a day and he is concerned about traffic noise, traffic lights, and the constant movement of cars with a drive-through. He said he will see the golden arches from his property and hear noise from the external speakers at a drive -though. Mr. Beacham said he did not object to a sit down restaurant as the clientele would be less transient, and stable hours would be more congruent with the retirement center. Chair Davis introduced Toni Muckala, 11109 State Highway 55. Ms. Muckala referenced the property survey and said only two markers can be located and the fence that encroaches is hers. Ms. Muckala said it is difficult to get out of her driveway and she can't get out at 5:00 p.m. on Co. Rd. 73. She said the county is looking at straightening Co. Rd. 73 as this area is noted to be a problem. Ms. Muckala said she has the only driveway that exits on Co. Rd. 73 and that is her main concern. Ms. Muckala said regardless of what goes in the outlots, there will be two egresses and the road will not be able to handle the traffic. A city assessor dropped the value of her home five months ago because of traffic, and that was with decreased traffic. Ms. Muckala added she is the second owner of this home. Ms. Muckala asked for an easement to get across the outlot, and suggested making it a cul-de-sac going into their businesses and make another exit on to Highway 55. She said she offered to sell to Mr. Tucci, even though she just reroofed, re -plumbed, and rewired 6 months ago. Approved Planning Commission Minutes July 6, 2011 Page 6 Commissioner Oakley asked Ms. Muckala if a driveway access on to the frontage road and an exit across the outlot would address her concerns. Ms. Muckala answered affirmatively. Chair Davis introduced Frederick Young, Gries & Lenhardt, P.L.L.P., 12725 43rd St. NE. Ste. 201, St. Michael MN, representing Leonard Lindelof, 620 Cottonwood Lane, and Lauren Leith, 610 Cottonwood Lane. Mr. Young said the proposed intersection for the frontage road at Cottonwood Lane is much lower in elevation at the area of the proposed intersection than back to the south. Traffic from Cottonwood Lane would not be able to see oncoming traffic straight across and this poses a significant safety concern. Mr. Young said Outlot B would be a better area to develop the senior center because it is a towering 4 -story building that does not match the character of the single family residential neighborhood around the site, and said sight line studies seem appropriate. He said the senior center in the proposed location would eliminate a large, old growth of cottonwood trees that buffer residents on the south and west. Mr. Young said there are light and noise concerns that a four-story building would generate. He concurred with Mr. Samargia that people in the senior center would be able to look directly down into yards and homes on Cottonwood Lane. Mr. Young said a better solution would be to not allow a four-story building but something more appropriate to match the character of the neighborhood, and move it north and to the east. Mr. Young said traffic would be lower than under the original proposal, but a fast food restaurant would be open 24 hours a day, and there would be sign and light pollution from cars. He said transient customers would be driving in with loud speaker systems going while waiting for their McDonald's order at 2 a.m. after bar close. Mr. Young asked that different options be looked at that would be more suitable for the neighborhood and asked that the commission not recommend approval as proposed. Chair Davis introduced Leonard Lindelof, 620 Cottonwood Lane N. Mr. Lindelof said when Schiebe's bought their property for $400 in 1946 when they built the shopping center, Highway 55 went in. He said they did not dig out all the peat so culverts were put in to support the highway. Mr. Lindelof said he discussed the Cottonwood Lane and service road intersection with two officers. They said that is a suicide design and either don't use it or use it in off hours. Mr. Lindelof suggested shifting the entrance to the project farther east so the entrance road and Cottonwood Lane don't intersect. Mr. Lindelof said Al Hilde, Plymouth's greatest mayor, brought Plymouth from a farming community to an industrial base, and at every meeting he would ask, "Is it residential friendly?" The weight on the fill on top of the marsh should be a concern because it will raise water levels significantly. Mr. Lindelof said when Chrysler City was building on 110 feet of peat, six feet of fill was put in for the parking lot and it lifted the building off the piling caps. Mr. Lindelof said from his work experience shutting off artesian wells for the state, he knows when you put weight on top of peat, you don't know where it is going to come up as you have no control over it. Mr. Lindelof said this should be a big concern in this development. Mr. Lindelof said he does not think this four-story building is "residential friendly" nor is a McDonald's "residential friendly". He said he does not blame the developer for trying to get as much as he can, but at some point a guy should see what is good for Plymouth. Mr. Lindelof mentioned his friend, Bud, who has lived on Cottonwood Lane since 1947, has the same concerns. Approved Planning Commission Minutes July 6, 2011 Page 7 Chair Davis introduced Michael Siskin, 535 Evergreen Lane. He said there is no surprise there would be a development but he shares the perspective of others about the height of the four-story building and land values. Mr. Siskin said he would be affected by a four-story building, particularly by lights in evening. Mr. Lafontaine said in real estate, if one house value declines, other homes are measured by that. Mr. Siskin said a cascading effect could include another 25 homes as directly affected. He said a study of sight lines will be enlightening. Mr. Siskin said a McDonald's is uninspiring but he understands density is what makes projects the most profitable. He said a one or two-story building would stay with the character of the neighborhood and would be a spectacular compromise to take advantage of the new MXD zoning as well as offer a transition for the neighborhood. Mr. Siskin said a one-story commercial is more subdued than a four-story building with lights and people living there, and is different than what people had envisioned. Chair Davis closed the public hearing. Planning Manager Thomson explained the basic steps in the application process, and said letters went sent out May 27, 2011 to residents within 750 feet and also 12 days prior to the public hearing. Mr. Tucci said the 2006 plan had multiple buildings proposed which included a 50 -foot high building, a bank and gas station. He said retail real estate was at its apex, however, the concept never took off as there weren't users at that time. Mr. Tucci said they got involved in what is lower than the apex of the real estate market. He said the cycle has changed. Mr. Tucci said they were approached by a number of tenants, but the viable users willing to negotiate and put significant dollars into the site to make this a more attractive development were the senior housing and the fast food restaurant. He said the senior housing would be positioned in the back to provide transition. Mr. Tucci said they will provide a sight line study to answer residents' questions. He explained the design chosen was to get the road in and not bring traffic back to the neighborhood. He said the redesign of the road addressed a safety concern of the city's. Planning Manager Thomson asked about a single story versus four-story senior building, and if consideration was given to moving the building further to the north and east. Mr. Tucci reiterated that the placement of the senior housing would keep the traffic and the majority of the lighting to the front of the building and away from the neighborhood. He said there will be some lighting from windows in the back, but there will not be a huge, illuminated elevation in the back. He said there will be one monument sign at the front and all parking will be contained. Planning Manager Thomson asked if there would be berming and a fence along the south property line. Ms. Conlin -Joyce said the memory care is two stories, and the first floor has a common area of kitchen, dining and social area. The residents will have access to the patio area which will be fenced in and screened with landscaping and vines. Ms. Conlin -Joyce stated this area is secure Approved Planning Commission Minutes July 6, 2011 Page 8 and residents would not be able to wander beyond the fenced in area. She added that the patio is for the general population and would be used one hour a day primarily by residents and their families. Planning Manager Thomson inquired about financing for the proposed project. Mr. Tucci said the two users will be buying the lots and arranging their financing. Mr. Tucci said they will buy 3.2 acres to utilize for public or future right of way. They will construct the proposed road. He said this is already in a TIF district from 2006 and he said they will be reapplying to use the same district in a different manner for this project. Planning Manager Thomson asked about the hours of operation for the McDonald's. Mr. Tucci said he did not know specific hours, but acknowledged that the bar rush does happen. Senior Planner Drill said if McDonald's wants to operate 24 hours a day, we should be notified. He said normal hours would be similar to pharmacies and gas stations. Planning Manager Thomson asked about signage for the McDonald's. Mr. Tucci said the pylon sign will be 30 feet in height and the arches will be illuminated at the drive-through. Mr. Tucci addressed noise from the speaker and said in his opinion the cueing area is away from neighborhood and it will blend with highway sound. Planning Manager Thomson asked if evergreen trees could be added on the hill on the north end of Cottonwood Lane for additional screening. Mr. Tucci said it is premature to say until a sight line study is done. Planning Manager Thomson asked about the safety of the proposed frontage road to Cottonwood Lane. Mr. Tucci introduced Dan Parks, Westwood Professional Services. Mr. Parks said Cottonwood Lane has a fairly sleep slope to the frontage road, which is close to a 90 -degree angle. He said they are not changing the intersection, but are trying to match in the eastern side of that roadway where the curve begins. Mr. Parks said one of the benefits in coming down an incline is there would be better visibility with a 20-25 degree angle versus a 90 degree. He stated that a desire by Mn/DOT to have the stacking distance out to Highway 55 is what drove this design. Planning Manager Thomson asked about the storm water and Mr. Lafontaine's concerns that homes to the south not be negatively affected. City Engineer Moberg said in 2008 the city undertook a project to replace a culvert underneath Highway 55. He said the existing culvert was either completely plugged or collapsed, and a one - inch rain would close the frontage road due to flooding. City Engineer Moberg said there has not Approved Planning Commission Minutes July 6, 2011 Page 9 been a single incident requiring closing of the frontage road since 2008. He said said he is not trying to minimize Mr. Lafontaine's concerns as it is a very sensitive area through here, but this is one project undertaken by the city to alleviate the situation which was successful. Mr. Parks said they are intending to keep the building above the flood plain elevations. He said the existing pipe in the south will be maintained, and water would be directed to the north rather than to the wetland. Mr. Parks said water will be infiltrated and controlled in terms of volume and rate control, and he said he does not believe the proposal will impact the wetland to the south. If there is an existing issue that needs to be addressed Mr. Parks said he would be amenable to address this with City Engineer Moberg as this design goes forward. Planning Manager Thomson asked about an alternative access for Ms. Muckala's driveway. Mr. Parks said there may be some sloping issues as Co. Rd. 73 coming from Highway 55 increases in elevation as you go east. He said currently there is a drop of five to ten feet down from Ms. Muckala's driveway to their roadway. Mr. Parks said he did not think it would be a problem to provide an access and said if we can do it, we will do it. Chair Davis asked why not dead end the frontage road before it gets to Co. Rd. 73 and add another entrance on Highway 55. City Engineer Moberg said the city would not have the ability to dictate another access onto Highway 55. He added that Mn/DOT wanted the existing entrance between W. Medicine Lake Dr. and Co. Rd. 73 eliminated. City Engineer Moberg added that if the existing retail center were fully occupied and maximized, there would be about 3,000 cars per day. He said these numbers are prorated from the traffic consultant's numbers for the initial proposal. City Engineer Moberg said the change from the existing building with approximately 30,000 square feet to this proposal is 700-800 cars per day. Chair Davis asked how many of the 3,600 cars might go down Cottonwood Lane. City Engineer Moberg said he could not speculate on the number of drivers who would knowingly or unknowingly go down the dead-end at Cottonwood Lane. Mr. Tucci said signage could be placed indicating "No Outlet" if necessary. Commissioner Nelson said there are a lot of things going on this complicated property. He said he understands the MXD use as we need to have some flexibility for developers in this economy. He added the city and residents behold to people who run businesses in this town and we have ordinances to try to make it all come together to work. He said senior housing is becoming very popular but understands concerns about the four-story building. Commissioner Nelson said he cannot say yes or no until sight lines are done. He said the zoning is commercial for the McDonald's, but we can't pick and choose who we want to do business. Approved Planning Commission Minutes July 6, 2011 Page 10 Commissioner Oakley said the applicant did a great job presenting explanations of why they made the decisions they did. He said he understands the concerns of the residents. Commissioner Oakley said the building height bothers him, and he does not feel he is getting justification or support that it won't be intrusive into the neighborhood. Commissioner Oakley said he wants to see the sight line study as it is an important piece of information to have to make a final decision. Commissioner Anderson said this is a complicated application. He said he has no problem with MXD guiding and the roadway and traffic would be a safer situation. Commissioner Anderson said he likes the concept of life cycle housing; we need that as baby boomers age. He said he is okay with the TIF. Commissioner Anderson said we do not get to dictate the brand of restaurant. Commissioner Anderson said his concern is the building height and he has to listen when every resident on Cottonwood and some residents beyond Cottonwood Lane said, "don't do this to us". Commissioner Anderson said he does not see justification for a four-story building. He said there are no sight lines or studies and it is not for us to try to figure out. Commissioner Anderson said he is not in favor of what he is seeing. Commissioner Anderson likes the idea of accommodating a driveway for Ms. Muckala, and said a condition should be added regarding that. Chair Davis thanked the neighborhood who gave respectful statements on their position. He said he agrees with the neighbors that a four-story height is a concern. Chair Davis said he could approve it if convinced it would not impact the neighborhood. He said without a sight line study from various houses, he cannot approve this. Chair Davis said he likes everything about it except the height. Commissioner Kobussen said he feels favorable to the proposal and likes the new design of the entrance to the shopping center. He said he does not think there is going to be traffic on the frontage road to Cottonwood Lane. Commissioner Kobussen said there will be a hard right turn, but the only people coming would be other Cottonwood Lane residents. He said he has no heartburn with whatever restaurant goes in as you have to look at who has money in this climate. Commissioner Kobussen said he likes the MXD guiding and trying to get something the residents can look at. He said they could be looking at the back of a commercial site which would be worse than an apartment building. Commissioner Kobussen said he will be open on this until sight lines are provided. Commissioner Kobussen said he likes trees on the hills to block some of the sight lines for the residents. Commissioner Kobussen said we need to look at Ms. Muckala's driveway to tie it into the frontage road and get it off Co. Rd. 73. Commissioner Kobussen said to make sure the building construction does not cause water problems as a result of the soil issues in this area. Commissioner Robinson said he likes this proposal; it is not perfect but good. He said he is impressed with the proposed road design and it is sensitive to the neighbors on Cottonwood Lane. Commissioner Robinson said he likes the housing design and the design of the restaurant. Commissioner Robinson said he is concerned about the 4 -story height and the sight line. He said he could support the proposal but would like to table it to see the sight lines from a full perspective as every person present had concerns about the height. Approved Planning Commission Minutes July 6, 2011 Page 11 Mr. Tucci said he will get the sight line studies done. Mr. Tucci stated the economics of this deal dictate a four-story building. He said they may be able to adjust the pitch of the roof and lower the height slightly. He said building the road is dictating what the land price has to be. Mr. Tucci said the building will not go down from a four-story. Planning Manager Thomson asked if driveway access for Ms. Muckala could be workable. Mr. Tucci said that seems fairly benign. Chair Davis said the height issue is not so much the roof as the apartment window openings. He said one foot off roof height may not help if someone is standing at the window and can see into someone's house. Commissioner Oakley clarified that the sight line needs to consider east/west and north/south views. Commissioner Nelson added we are not opposed to this, but want to be better informed before sending our approval to council because it is a good plan. Chair Davis added more information would help mitigate residents' concerns. Commissioner Anderson asked for sight lines as it relates to the landscaping, especially on the north end of Cottonwood Lane. He asked about hours of operation for the McDonald's. MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to table to July 20, 2011 the request by Oppidan, Inc. for a land use guide plan amendment, preliminary plat and PUD amendment for Crossroads Commons at the former Plymouth Shopping Center site located south of Highway 55 between Cottonwood Lane and County Road 73. Vote. 6 Ayes. MOTION approved unanimously. B. O'MARA ARCHITECTS. (2011033) Chair Davis introduced the request by O'Mara Architects for rezoning and PUD general plan to allow a 3,648 square foot building addition and related site improvements for Summit Dance Shoppe located at 2800 Fernbrook Lane N. Senior Planner Doty gave an overview of the staff report. Commissioner Anderson asked if granting this PUD and making this a conforming use moves away from what the guide plan calls for which is Office. Senior Planner Doty said the use is presently grandfathered and can continue without any discretionary review by the city. He explained this strikes a balance with allowing a property owner to have some expansion while still maintaining the potential for future redevelopment. Chair Davis asked if this is the only way to allow them to expand in the building. Approved Planning Commission Minutes July 6, 2011 Page 12 Senior Planner Doty stated this is the option that makes the most sense for this site. Chair Davis asked if this is an expansion of their use. Senior Planner Doty said the use is a dance studio which would not change. However, the use is expanding to occupy a greater footprint on the site. Chair Davis said it doesn't mean they can put a car wash there. Senior Planner Doty said the Office zoning lists a number of different uses. If the dance business were to move out, the other uses that would be allowed are the uses under the office zone. Commissioner Nelson asked how long the tenant has been at this location. Chair Davis introduced the applicant, Dan O'Mara, O'Mara Architects. Mr. O'Mara said the Wayzata studio closed so they are consolidating those students in this location. He said they want to improve the site and make the traffic flow better for drop off and pick up. Mr. O'Mara said traffic would reroute to the north side and around for adequate stacking, which also works better for fire truck access. Mr. O'Mara said the addition is proposed to have the same materials as the existing building. Commissioner Kobussen asked if a variance is required for the fire lane. Commissioner Doty said that there is a condition in the resolution requesting some minor changes to the fire lane, but that no variance is required. Commissioner Kobussen asked if parking is a problem during the period of time when there are dance recitals. Chair Davis introduced the applicant, Judy Hedberg, 1520 Hunter Drive. Ms. Hedberg said recitals are at Hopkins Senior High. She said parents do come for holiday shows, and the performing lines and "rec" kids will perform different weeks to stagger show times. Ms. Hedberg said they have been at this location five years after moving from the Four Seasons Mall. She said they have moved out of the Wayzata area, and people come from Mound, Minnetrista, and all over but with this additional room they can accommodate everyone nicely. Ms. Hedberg said we love being in Plymouth; this is a great location and our business is doing really well. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Commissioner Kobussen asked what drives the condition requiring four over story trees on the site. Senior Planner Doty said the ordinance requires one over story tree for each 1,000 square feet of building addition. Approved Planning Commission Minutes July 6, 2011 Page 13 Chair Davis opened and closed the public hearing as there was no one present to speak on the item. He added this is a good business to keep in the city. MOTION by Commissioner Oakley, seconded by Commissioner Nelson, to approve the request by Omara Architects for rezoning and PUD general plan to allow a 3,648 square foot building addition and related site improvements for Summit Dance Shoppe located at 2800 Fernbrook Lane N. Roll Call Vote. 6 Ayes. MOTION approved. C. CITY OF PLYMOUTH (2011012) Chair Davis introduced the request by the City of Plymouth requesting the mid-term update to the zoning ordinance and city code. Senior Planner Drill gave an overview of the staff report. Commissioner Kobussen asked if it was an oversight that the word "hardship" had been removed in all but two sections of code. Senior Planner Drill explained the word was left in by design as there are different state statutes regarding subdivision variances versus zoning code variances. The subdivision variance language still has hardship in so our city attorney attorney advised leaving that language in to mirror state law. Planning Manager Thomson added one objective for the changes to the variance language at state level was to get consistency between the various city county statutes and that did not occur. Chair Davis asked if 55,000 square feet is an industry standard for the definition of a big box store. Senior Planner Drill said there is no industry standard but his research indicated approximately 50,000 square feet as the big box. He said 55,000 square feet defines the difference between a supermarket and grocery superstore. Planning Manager Thomson added we use 300 feet for a distance in a number of places to keep consistency and to be able to look at things in a similar way. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Kobussen, seconded by Commissioner Nelson, to approve the request by the City of Plymouth requesting the mid-term update to the zoning ordinance and city code. Roll Call Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT Approved Planning Commission Minutes July 6, 2011 Page 14 MOTION by Chair Davis, with no objection to adjourn the meeting at 10:12 p.m.