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HomeMy WebLinkAboutPlanning Commission Minutes 02-07-2007Approved Minutes City of Plymouth Planning Commission Meeting February 7, 2007 MEMBERS PRESENT: Commissioners Karl Neset, Frank Weir, Erik Aamoth, John Cooney, Frances Jaffoni, and James Davis MEMBERS ABSENT: Chair James Holmes STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, Associate Planner Jared Noelting, City Engineer Bob Moberg and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. OATH OF OFFICE Planning Manager Senness administered the Oath of Office to Jim Davis, Frances Jaffoni, Erik Aamoth and John Cooney. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC FORUM 5. APPROVAL OF AGENDA Commissioner Neset requested that Item 8C. be discussed after the agenda approval. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the amended February 7, 2007 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 8.C. ELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR FOR 2007 MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve Jim Holmes as Chair and Karl Neset as Vice Chair of the Planning Commission for 2007. Vote. 6 Ayes. MOTION approved. 6. CONSENT AGENDA A. APPROVAL OF THE JANUARY 17, 2007 PLANNING COMMISSION MINUTES Approved Planning Commission Minutes February 7, 2007 Page 2 MOTION by Commissioner Weir, seconded by Commissioner Aamoth, to approve the January 17, 2007 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 7. PUBLIC HEARINGS A. FINN DANIELS ARCHITECTS (2006111) Vice Chair Neset introduced the request by Finn Daniels Architects for a preliminary plat and PUD Amendment for property located north of Highway 55, east of South Shore Drive and west of Revere Lane. Senior Planner Drill gave an overview of the January 30, 2007 staff report. Senior Planner Drill noted that 5 letters had been received and added to the public record. Commissioner Jaffoni asked how the DNR classifies the wetlands (i.e. Type I, Type II, etc.). She noted that more acreage of wetlands is being constructed than what would be removed for the proposed construction. Senior Planner Drill said he did not know the DNR rating assigned to the wetlands, but noted how the City rates the wetlands. City Engineer Moberg stated that the Wetland Conservation Act requires that for any wetland impact resulting from development such as this, the replacement ratio is 2:1. Vice Chair Neset asked how proper handling and removal of the asbestos material would occur. Senior Planner Drill said the developer will need to work with the MPCA to obtain permits. He said that workers would need to wear the proper safety equipment and may need to screen materials on site to treat the asbestos properly, before hauling off of the site. Vice Chair Neset said he is concerned about the light impact from the parking lot on the north side and asked how the City lighting ordinance would protect nearby residents. Senior Planner Drill said the lighting ordinance regulates the height of light poles. He added that lights must be fully shielded, and that additional shielding is required on the sides facing residential areas. Vice Chair Neset asked how far light from the parking lot can drift off the site. Senior Planner Drill said light is allowed to go to the center line of the street, and none would affect the residential area on the north side of the proposed development. Planning Manager Senness added that all of the requirements in the City's new lighting regulations pole height, shielding, maximum wattage, etc.) are intended to ensure that site lighting does not negatively impact adjoining properties. Approved Planning Commission Minutes February 7, 2007 Page 3 Vice Chair Neset expressed concern about headlights from the parking lots sweeping the windows of the residences on the north. He questioned the composition of the screening and if it would be elevated to mitigate the light impact. Senior Planner Drill said there is a good mix of evergreen and deciduous plantings, and the applicant could propose to plant some trees and dense shrubbery off site on the north side of the street to buffer the residential portion of the PUD. Commissioner Davis asked about the location of the asbestos on the site. Senior Planner Drill said a number of soil borings have been done at the site and pointed out the approximate location through the mid-section of the site. He noted that any disturbed asbestos would need to be removed from the parcel. Vice Chair Neset introduced the applicant, Scott Weistling, 2145 Ford Parkway #201, St. Paul. Mr. Weistling said there are two cross sections of asbestos with various depths on the site, mainly where the street traverses through the site. Mr. Weistling offered to plant trees on the north side of the street in lieu of putting money into the City's Community Planting Fund. Mr. Weistling said economic reasons to make the project cost effective resulted in the proposed square footage of 165,500. Mr. Weistling cited additional costs of removing hazardous material, building on peat, road construction impact on the wetland, and dedicating a portion of land. Mr. Weistling said the PUD concept plan showed a 30,000 square foot footprint but no indication of height. It also showed 121 townhomes on the northern portion of the site which would not be viable as 70 units would be the maximum for LA -3 guiding. Mr. Weistling said the 55 West Financial Center located east of the proposed site is 275 feet from the nearest townhome, whereas the proposed office building would be 400 feet from the nearest townhome. Commissioner Davis asked who would be responsible for building the 6th Avenue extension. City Engineer Moberg said public improvements typically are done by the developer. He said the City enters into a Development Contract with the applicant to have the public improvements installed, and financial security is posted to ensure the facility is constructed per the approved plans. Vice Chair Neset asked if the primary reason for the 5 -story building is economical and if this office building would be marketed for one tenant. Mr. Weistling said that is the marketing emphasis and added that the required traffic demand management program would be more manageable with one tenant. Approved Planning Commission Minutes February 7, 2007 Page 4 Vice Chair Neset asked how many employees and/or jobs might potentially be in a building this size. Mr. Weistling responded that based on 600 parking spaces and the option of mass transit, he estimated a potential maximum of 600-800 employees. Vice Chair Neset asked if the windows on the rear fagade would have materials to mitigate glare, such as from the sun hitting them. Mr. Weistling said the glass proposed has typical clear glazing with reflective qualities. Commissioner Aamoth referenced the Transportation Demand Management (TDM) program and asked what type of strategy is envisioned for this project. Mr. Weistling said it is premature to discuss the TDM at this point as they do not have a tenant to determine their needs. Vice Chair Neset opened the public hearing. Vice Chair Neset introduced Karrie Petersen, 953 Trenton Lane North. Ms. Petersen said she recommends the office building be limited to 3 -stories as originally proposed. She said homes in the neighborhood were bought and sold in the last ten years based on the original approval. Ms. Petersen displayed conceptual drawings of a 3 -story and 5 -story building and said the 5 -story building would be 114% taller and 83% bigger with an 84% increase in parking spaces. Ms. Petersen said the traffic study indicated Highway 55 would need to be a 6 -lane facility to achieve an acceptable peak hour traffic situation. She said the current proposal would result in 200% worse traffic than current. Ms. Petersen said the proposal has three times as many light poles which are 13 feet higher and would impact the neighborhood 24 hours a day, 7 days a week. She said there is no buffer or trees between the commercial and residential areas. Ms. Petersen said this proposal is not a good fit with the neighborhood and would have a negative impact on the townhomes. Vice Chair Neset introduced Anurag Drolia, 957 Trenton Lane N. Mr. Drolia said he believes the City wants to maintain quality of life which can be acquired by keeping balance between the commercial and neighborhood interests. He urged the Planning Commission to limit the office building to 3 stories and surface parking as proposed in 1997. Mr. Drolia displayed 46 signatures from residents in the Village of Bassett Creek and 25 from the senior housing facility recommending a 3 -story office building. Mr. Drolia said they will continue to get signatures and asked the Commission how they would feel if they lived in this community. Vice Chair Neset introduced Jim Small, 1172 Trenton Circle. Mr. Small said when he purchased his townhome 11 years earlier he was concerned about what would go in this site. Mr. Small said the proposal is a lot bigger than the original plan. He said the Approved Planning Commission Minutes February 7, 2007 Page 5 Plymouth newsletter said the intersection of South Shore Drive at Highway 55 is the 12th worst traffic intersection and this is where 50% of the traffic will go. Mr. Small said this is putting bad on top of bad. He said there are lots of trucks cutting through 10th Avenue to South Shore presently. Vice Chair Neset introduced Carol Lansing, Attorney, Faegre & Benson representing Principal Mutual Life Insurance Company. Ms. Lansing said her client does not object to the proposal but is concerned about the reconfigured drainage area between their properties. Ms. Lansing said the drainage swale between the properties takes storm water from both properties and Highway 55. She said piping would be installed on their property collecting their drainage water. Ms. Lansing said she has discussed with City Engineer Darrell Johnson of the City Engineering Division the installation of piping on their property and supports the piping to the smaller retention pond. Ms. Lansing said in order to give written approval, her client needs assurances they can review the final drainage plan and calculations. Ms. Lansing said the applicant suggested her client share this cost. Ms. Lansing said this cost, as well as her client's cost for reviewing the calculations, needs to be the burden of the applicant just as the road improvements are the burden of the developer. Ms. Lansing questioned if the 10 -foot drainage easement is an appropriate size to contain the drainage system and pond. Ms. Lansing asked that her client be notified when the final plat can be reviewed. Vice Chair Neset introduced Rodney Hall, 1167 Trenton Circle N. Mr. Hall said the proposed 5 -story office building with parking looks like commercialism is being thrown on a quiet neighborhood. Mr. Hall said his concerns included traffic congestion on 10th Avenue and Highway 55, lighting and noise impact, and asbestos being disturbed. Mr. Hall said he is President of the Trenton Ponds Homeowners Association located north of 10th Avenue, and quite a few residents are against the proposed 5 -story building. Vice Chair Neset introduced John Allen, Chairman of the Board of Industrial Equities and owner of the subject property, 321 lst Avenue N. Mr. Allen said he has kept this parcel vacant, paid taxes and maintained it for the last ten years. Mr. Allen said the PUD never limited the building to 3 -story with 90,000 square feet. He said they did make a submission for a 3 -story building in 1999, but with the collapse of the tech market and other economical factors, the application was withdrawn. Mr. Allen said in the last ten years, the dynamics of redevelopment in the City of Plymouth make it more desirable. He said the irony of the asbestos issue is that it exists because of Highway 169 construction. The City has no record of who the excavation contractor was who would be responsible. Mr. Allen said the environmental risk of this asbestos tile is low and the State MPCA would allow it to remain if covered. He said it is preferable to not disturb it, but added any asbestos encountered will be handled properly. Mr. Allen said the Principal Mutual Life Insurance Company has used his land for their retention pond for 15-20 years. He added that this is Torrens property, so this is not a "prescriptive easement". He said it is not true that their pond is trespassing on Principal Mutual Life Insurance Company's property. Mr. Allen said he is willing to be neighborly — they will manage the storm water but there Approved Planning Commission Minutes February 7, 2007 Page 6 should be participation from Principal Mutual Life Insurance Company to handle water taken off their property. Mr. Allen said he sold the land to Rottlund and that he will do what he can to make the project compatible with the neighborhood. Mr. Allen reiterated that traffic is always an issue, but the traffic engineer has studied the proposal and states this is a manageable situation. He said it was not by chance that everything on the site plan is in compliance and they are not seeking variances nor extensive concessions on the part of the City. Vice Chair Neset introduced Brian Helmken, 1101 Urbandale Lane North, representing CB Richard Ellis. Mr. Helmken said there is great opportunity in the market to capture larger users. He said the average size of a single tenant building is 237,000 square feet. Mr. Helmken said you need that size to compete with existing opportunities. He said as a taxpayer in the City of Plymouth, he is strongly in favor of creating 600 jobs in the City, and new real estate taxes would be generated. Mr. Helmken pointed out that Select Comfort, currently under construction in northern Plymouth, is 165,000 square feet. Mr. Helmken said three tenants are potentially interested in this site, and added that one tenant could not consider it if were 90,000 square feet. Vice Chair Neset introduced Tom Lelich, 3090 Quinwood Lane N. Mr. Lelich said he is very excited and enthused about this proposal. He said he has lived in Plymouth 18 years and all he sees is retail development. Mr. Lelich said the project and size are exciting and would bring tax based revenue, jobs, and other good things. Vice Chair Neset closed the public hearing. Vice Chair Neset asked if the building size was stipulated on the original PUD. Senior Planner Drill stated the original PUD showed a footprint of 30,000 square feet but did not indicate height. Planning Manager Senness added that Rottlund Homes, the developer of the townhomes, is a residential developer and this portion of the site was to remain commercial office use. She reiterated that the PUD plans were conceptual. Vice Chair Neset asked if shielding and glare would be reduced by "shoebox" lighting. Senior Planner Drill answered affirmatively. Planning Manager Senness clarified there would not be light impact for 24 hours a day 7 days a week, as City Code requires that lights in this light zone be disengaged or reduced by 50% between midnight and dawn. City Engineer Moberg clarified the traffic report generated numbers for the proposed office complex and also for a 70 -unit apartment building on the north side. He said the report doesn't break down traffic for the office complex only. City Engineer Moberg acknowledged the concerns and traffic issues for Highway 55, but said this is a State issue. Approved Planning Commission Minutes February 7, 2007 Page 7 Vice Chair Neset asked how this proposal would affect the service level designations of key intersections. City Engineer Moberg said the report identifies level of service for both before and after the construction. He said the intersection of Highway 55 and South Shore Drive currently has a morning peak hour level of "D" and in the p.m. peak hour level "E". City Engineer Moberg said with the proposed building and recommended road improvements the intersection would maintain a comparable level of operation. Vice Chair Neset asked when upgrades to Highway 55 might occur. City Engineer Moberg responded that he is not aware of any MnDOT plans for improvements to Highway 55. Vice Chair Neset asked about drainage concerns. Planning Manager Senness said the drainage easement would have to accommodate what is proposed. She said a notification to Principal Mutual Life Insurance Company could be sent, but the issues between the applicant and Principal Mutual Life Insurance Company would be private. City Engineer Moberg said drainage coming on to the site from Highway 55 needs to be safely conveyed through the property. City Engineer Moberg stated the drainage coming off the property to the east also needs to be accommodated for in the drainage plan. City Engineer Moberg stated that there is still some work to be done, but the ability to accomplish drainage is clearly there. He said any easements necessary to cover those areas would be part of the final plat. Planning Manager Senness said the right-of-way along the west boundary of the project was dedicated, but no street has been built. City Engineer Moberg added it was never improved to function as a street, and a portion of that right-of-way may be vacated as part of this process as there won't be a street built there in the future. Commissioner Aamoth asked what level of discretion the Planning Commission would have in addressing traffic concerns raised by residents. Senior Planner Drill said the City's Comprehensive Plan has shown 6th Avenue extending through this site. He added this street would be required regardless of the size of the building. He clarified that the Planning Commission has discretion over the PUD amendment. Vice Chair Neset asked about the applicant's offer to provide screening from the parking lot toward the townhome property. Approved Planning Commission Minutes February 7, 2007 Page 8 Senior Planner Drill reviewed the applicant's offer to provide screening off site on the north side of street and said this could be accepted as part of the PUD. Vice Chair Neset asked how the finished height of the proposed office building would compare to nearby office buildings. Senior Planner Drill said this building would be roughly 15 feet higher than nearby office buildings. Commissioner Weir said the audience presented good questions and all have been satisfactorily answered. Commissioner Weir said this is a good project and should move forward. Vice Chair Neset agreed with Commissioner Weir but stated he still has concerns about lighting and headlights from the parking ramp especially during winter months. He asked for a condition that 10 -foot coniferous trees be placed on the north side of the new street. Commissioner Weir concurred with Vice Chair Neset. Commissioner Davis said he appreciates homeowners voicing their concerns. He said he shares those concerns but sees the need for commercial development. He concurred with Mr. Lelich's comments regarding numerous retail developments coming into Plymouth. Commissioner Davis said it is nice to bring in a building that could result in some high paying jobs in Plymouth and is in favor of this proposal. MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by Finn Daniels Architects for a preliminary plat and PUD Amendment for property located north of Highway 55, east of South Shore Drive and west of Revere Lane with a condition that 10 -foot coniferous trees be placed on the north side of the street to screen the office site from the Village at Basset Creek Townhomes. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. McCLAY-ALTON, PLLP. (2006122) Vice Chair Neset introduced the request by McClay-Alton, PLLP. for a conditional use permit to allow 24-hour/day operation of the drive through window at CVS Pharmacy located at 4140 County Road 101. Associate Planner Noelting gave an overview of the January 30, 2007 staff report. Vice Chair Neset introduced Brian Alton, representing CVS pharmacy. Vice Chair Neset introduced Brian Miller, 15676 Danville Avenue W. Rosemount. Mr. Miller said he is the operations manager for CVS. Approved Planning Commission Minutes February 7, 2007 Page 9 Commissioner Davis asked what would be sold at the drive through. Mr. Miller said the drive though would be specifically for the pharmacy. He said the extended hours would be for the store and pharmacy. Vice Chair Neset asked if most CVS stores are equipped with 24-hour drive through windows. Mr. Miller said out of his 12 -unit district, only two stores are currently open on a 24-hour basis. Vice Chair Neset opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by McClay-Alton, PLLP. for a conditional use permit to allow 24-hour/day operation of the drive through window at CVS Pharmacy located at 4140 County Road 101. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 8. NEW BUSINESS A. JUAN AND MARIBEL BECERRA (2006106) Vice Chair Neset introduced the request by Juan and Maribel Becerra for a home occupation license for the property located at 14506 County Road 6. Senior Planner Darling gave an overview of the January 30, 2007 staff report. Senior Planner Darling said that she and the Housing Inspector will visit the property on February 9, 2007 to settle the issue of residency. Commissioner Aamoth asked what differentiates a business vehicle from other vehicles. Senior Planner Darling said the weight class or marking with commercial symbols indicates a commercial vehicle. She said the business does operate a number of vehicles and there is a business name on them. Vice Chair Neset introduced the applicant, Maribel Becerra, 14506 Co. Rd. 6. Commissioner Weir asked when the initial complaint about the home business was received. Approved Planning Commission Minutes February 7, 2007 Page 10 Senior Planner Darling said Ms. Becerra purchased the home and began operating the business without knowing of the City's regulations in May 2006. She said the application for the home business license was received in October 2006. Commissioner Weir noted that the applicant was willing to comply with rules and regulations when they became aware of them. Senior Planner Darling answered affirmatively. Commissioner Jaffoni asked if a list of hazardous chemicals is submitted to an inspector. She asked if this business would be subject to periodic unannounced inspections. Senior Planner Darling said she would call to schedule any inspections. She said if there are any concerns about hazardous materials or how they are operating the business, periodic inspections could be scheduled. Senior Planner Darling said material safety data sheets were submitted and the amounts proposed are consistent with a residential use. Commissioner Jaffoni asked if there is a visual affirmation that the quantities they say are on site are actually on site. She asked if the City of Plymouth ever conducts visual checks. Senior Planner Darling said there is only one other cleaning business in the City and no on- site inspection has been conducted. She said similarly home salons have chemicals on site and they not inspected. Commissioner Aamoth asked if there would be follow up inspections on the commercial vehicle issue. He asked if there would drive by inspections only if more complaints are received. Senior Planner Darling said an inspection would be done on a complaint basis. Planning Manager Senness said in this case since they have had more vehicles on site, staff would follow up and ensure compliance. Vice Chair Neset asked about the process for revocation of a home occupation license. Planning Manager Senness said the Zoning Ordinance has a stipulated procedure for revocation if the license holder is not in compliance with the conditions approved. She said this process would involve the City Attorney if staff are unable to achieve compliance. Commissioner Jaffoni said the business has 5 commercial vehicles and 12 employees. She noted the applicant has agreed to only one commercial vehicle outside on the premises and two employee vehicles parked on the driveway. Commissioner Jaffoni asked how the applicant will comply with City Code with the vehicles and employees. Approved Planning Commission Minutes February 7, 2007 Page 11 Senior Planner Darling said only the shift leaders come to the site. She said the neighbors and applicant have stated they have reduced the number of commercial vehicles on the site and that the applicant could provide more detail. Vice Chair Neset introduced the applicant, Maribel Becerra, 14506 County Road 6. Ms. Becerra said they are leaving two vehicles at her parents house which is very close by. She said two vehicles are parked in the garage and one on the driveway. Ms. Becerra said they will look for a storage area to place the vehicles. Ms. Becerra stated that business is not done inside the home as she is the only one there and there are no customers. She said crew leaders pick up vehicles and orders, and leave. She said the shift times vary. Ms. Becerra said she is concerned about why people say they don't live there. She said they don't have lights on during the weekend because they are not there during the weekend. She said the neighbors are concerned about home values, but they are not making any changes outside of the home nor inside for the business and there are no signs advertising. Ms. Becerra said hopefully they will grow the business and move it out of the house. Vice Chair Neset introduced John Hatlestad, 14515 17th Avenue N. Mr. Hatlestad said he lives directly behind the applicant's residence and said he did question residency but his main concern is that it's a business coming into residential Plymouth. He said once you give a variance for one business you have to do it for all. Mr. Hatlestad said if they can't comply with the requirements of their license they should not be in the neighborhood. Vice Chair Neset introduced Kathryn Fetterman, 14505 17th Avenue N. Ms. Fetterman said she has lived here for 34 years and she objects to any incursion of commercial into residential areas. She said before any exceptions are made, the City should make sure they are necessary because there are lots of commercial places that would accommodate businesses such as this one. Ms. Fetterman asked the Planning Commission to think of the residents who built the neighborhood up. Vice Chair Neset asked about the nature of variances and setting precedence for variances. Planning Manager Senness clarified that no variances were required with this application as they met all stated requirements. She said the City's requirements are to make sure the business remains secondary to the primary use of the home. She said recently the City Council placed further restrictions on the number of vehicles stored outside so home occupations would not have a negative effect on residential areas. Commissioner Weir said this is unlike other home occupation licenses they have approved as nothing happens in the home; it is a gathering place only. Commissioner Davis said he drove by the property and said it was hard to determine which property was in question. He said he did not see that this business would have any impact on the neighborhood. Approved Planning Commission Minutes February 7, 2007 Page 12 Commissioner Aamoth said it is important to be aware of other commercial -based businesses in this neighborhood as residents need to believe their neighborhood will stay residential. He said it is also important for the City to encourage small businesses to grow, and he said he is encouraged the Becerra's hope to grow out of their home shortly and he wished them success. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by Juan and Maribel Becerra for a home occupation license for the property located at 14506 County Road 6. Roll Call Vote. Ayes. MOTION approved unanimously. B. PLANNING COMMISSION 2006 ANNUAL REPORT AND 2007 ANNUAL WORK PLAN Planning Manager Senness gave an overview of the January 28, 2007 staff report regarding the 2007 Planning Commission annual work program and the 2006 annual report. MOTION by Commissioner Weir, seconded by Commissioner Davis, recommending adopting the 2007 work plan and approve the 2006 annual report. Vote. 6 Ayes. MOTION approved. D. APPOINTMENT OF PLANNING COMMISSIONER TO SERVE AS LIAISON TO THE PARK AND RECREATION ADVISORY COMMITTEE MOTION by Vice Chair Neset, seconded by Commissioner Davis, nominating Commissioner Frank Weir to serve as liaison to the Park and Recreation Advisory Committee. Vote. 6 Ayes. MOTION approved. 9. ADJOURNMENT MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to adjourn the meeting at 9:25 p.m. Vote. 6 Ayes. MOTION approved.