HomeMy WebLinkAboutPlanning Commission Minutes 04-07-2004Approved Minutes
City of Plymouth
Planning Commission Meeting
April 7, 2004
MEMBERS PRESENT: Chair Peggy Larson, Commissioners Kendall Griffith, Frank Weir,
James Holmes, Melissa Musliner, Nancy Franke -Wilson, and Sarah Anderson
MEMBERS ABSENT: None.
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, Planner Rebecca Bowers,
Associate Planner Kip Berglund, City Engineer Ron Quanbeck, and Office Support Specialist
Ranelle Gifford
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Weir, seconded by Commissioner Griffith, recommending approval
of the April 7, 2004 Planning Commission Agenda with the change of hearing Item 6G prior to
Item 6F. Vote. 7 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF MARCH 17, 2004 PLANNING COMMISSION MINUTES
MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve the March
17, 2004 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved.
B. RONALD MALONE (2004017)
MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve the request
by Ronald Malone for a variance to allow a 5.4 -foot side yard setback where 10 feet is the
minimum required to allow conversion of a portion of the existing garage to living area for
property located at 10106 South Shore Drive. Vote. 7 Ayes. MOTION approved.
Approved
Planning Commission Minutes
April 7, 2004
Page 2
6. PUBLIC HEARINGS
A. FMHC/T-MOBILE (2004015)
Chair Larson introduced the request by FMHC/T-Mobile for a conditional use permit to allow
the placement of wireless telephone antennas on an existing 330 -foot tower and related ground
equipment located at 1145 Shenandoah Lane North.
Associate Planner Berglund gave an overview of the March 30, 2004 staff report. Associate
Planner Berglund stated the applicant is requesting the conditional use permit amendment to
allow six antennas rather than four as stated in the resolution. He said this would not affect
staff's recommendation.
Chair Larson introduced the applicant Chuck Beisner, 5650 Trenton Lane North.
Mr. Beisner said he agrees with the staff report and conditions. He said there would be six
antennas rather than four as stated in the resolution. Mr. Beisner said their application was for
six antennas but the plans were not clear.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request
by FMHC/T-Mobile for a conditional use permit to allow the placement of wireless telephone
antennas on an existing 330 -foot tower and related ground equipment located at 1145
Shenandoah Lane North. Roll Call Vote. 7 Ayes. MOTION approved.
B. PLYMOUTH COVENANT CHURCH (2004020)
Chair Larson introduced the request by Plymouth Covenant Church for a site plan amendment
and conditional use permit amendment to allow construction of a 760 square foot narthex
addition for property located at 4300 Vicksburg Lane North.
Planner Bowers gave an overview of the March 30, 2004 staff report.
Chair Larson introduced the applicant Gerry Butcher, 11467 Preserve Lane.
Mr. Butcher said he concurs with the staff report and conditions.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
Approved
Planning Commission Minutes
April 7, 2004
Page 3
MOTION by Commissioner Griffith, seconded by Commissioner Weir, to approve the request
by Plymouth Covenant Church for a site plan amendment and conditional use permit amendment
to allow construction of a 760 square foot narthex addition for property located at 4300
Vicksburg Lane North. Roll Call Vote. 7 Ayes. MOTION approved.
C. ELIM CARE, INC. (2004023)
Chair Larson introduced the request by Elim Care, Inc. for a planned unit development
amendment to install an emergency generator for Cornerstone Commons Assisted Living located
at 3750 Lawndale Lane North.
Senior Planner Darling gave an overview of the March 30, 2004 staff report. She said due to
unresolved issues regarding noise attenuation, staff is recommending the request be continued to
the April 21, 2004 Planning Commission meeting.
Senior Planner Darling stated staff received a letter from Gene Ronning and Jill Kruger, which is
now part of the public record, stating concerns with the proposed generator.
Commissioner Musliner asked how many residents lived at the site.
Senior Planner Darling stated the building has 84 units but it is vacant at this time.
Commissioner Wilson asked for further detail on the enclosure. Senior Planner Darling said the
air conditioning unit sits on a pad just east of the building. She said the generator would be
located within the existing enclosure. She said it has to be within the enclosure to meet the
current noise regulations.
Chair Larson asked if the protection of the wildlife could be addressed.
Senior Planner Darling said staff could investigate that.
Commissioner Weir asked if this request was for an air conditioner and a generator.
Senior Planner Darling said the air conditioner was already approved at an earlier date and is in
place. She said this request is for the emergency generator.
Commissioner Anderson asked what steps could be taken for future assisted living projects to
have the emergency generator included in the original plans. Director Hurlburt said emergency
generators are not a requirement for this type of building so the City could not require it.
Chair Larson opened the public hearing and stated it would remain open to allow the applicant
time to address the unresolved issue regarding noise attenuation and be continued to the April 21,
2004 Planning Commission meeting.
Approved
Planning Commission Minutes
April 7, 2004
Page 4
D. CARLSON REAL ESTATE (2004012)
Chair Larson introduced the request by Carlson Real Estate for a site plan amendment,
conditional use permit, and variances to allow construction of 6 town office buildings for
property located at 3501 Plymouth Boulevard.
Senior Planner Drill gave an overview of the March 30, 2004 staff report.
Chair Larson introduced the applicant Chris Kirby, 301 Carlson Parkway.
Mr. Kirby introduced his associate Kristin Hall.
the look of the proposed town office buildings.
ideal location for this type of office building.
Ms. Hall showed a three-dimensional video of
Mr. Kirby stated the City Center area was an
Chair Larson asked if there is a possibility for small retail business or if it is strictly for office
use.
Mr. Kirby said there is a possibility of applying for a conditional use permit to allow a retail use
if adequate parking is provided.
Senior Planner Drill said the proposed project would be slightly over in the parking requirements
so a conditional use permit could be considered.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request
by Carlson Real Estate for a site plan amendment, conditional use permit, and variances to allow
construction of 6 town office buildings for property located at 3501 Plymouth Boulevard. Roll
Call Vote. 7 Ayes. MOTION approved.
E. DJR ARCHITECTURE, INC. (2004016)
Chair Larson introduced the request by DJR Architecture, Inc., under File No. 2004016, for a
rezoning from CC -RE (City Center, Retail/Entertainment) to CC -R (City Center, Retail) and for
a site plan and variance to allow construction of a roughly 4,000 square foot Affinity Plus Federal
Credit Union on the vacant 1.5 -acre parcel located south of 34th Avenue between Plymouth
Boulevard and Vicksburg Lane.
Senior Planner Drill gave an overview of the March 30, 2004 staff report.
Commissioner Holmes asked for further information on the proposed pylon sign.
Approved
Planning Commission Minutes
April 7, 2004
Page 5
Senior Planner Drill showed a plan of the proposed pylon sign. He said the plan also includes a
small directional sign near the site entrance. He said both signs would comply with the City's
sign regulations.
Chair Larson introduced the applicant Jeff Streeter, 18215 -24th Avenue North.
Mr. Streeter said he concurs with the staff report and conditions.
Chair Larson asked who would be eligible members of the credit union.
Mr. Streeter said employees of the State of Minnesota and the University of Minnesota. He said
the full requirements for membership are listed as an attachment to the staff report.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request
by DJR Architecture, Inc., under File No. 2004016, for a rezoning from CC -RE (City Center,
Retail/Entertainment) to CC -R (City Center, Retail) and for a site plan and variance to allow
construction of a roughly 4,000 square foot Affinity Plus Federal Credit Union on the vacant 1.5 -
acre parcel located south of 34th Avenue between Plymouth Boulevard and Vicksburg Lane.
Roll Call Vote. 7 Ayes. MOTION approved.
G. DSU, INC. (2004014)
Chair Larson introduced the request by DSU, Inc., under File 2004014, for an interim use permit
for grading to create a berm on property located on the east side of County Road 101 at 54th
Avenue North.
Senior Planner Darling gave an overview of the March 30, 2004 staff report.
Commissioner Musliner asked what the benefit is of building the berm now rather than waiting
for future development. Senior Planner Darling said if any future development would occur, the
trees on the berm would be more mature and would provide better screening.
Chair Larson introduced Reggie Cammon, 4213 Flag Avenue North, with Speak the Word
Church International.
Mr. Cammon said they have a congregation of about 3,500 people. He said they are very active
in missionary work. He gave an overview of the goals and visions of the church. He said he is
here today to discuss the berm and answer any questions.
Chair Larson asked if the developer asked the church to create the berm.
Approved
Planning Commission Minutes
April 7, 2004
Page 6
Mr. Cammon said the developer of the property to the west across County Road 101 required
some type of screening as part of the purchase agreement for the church property.
Chair Larson introduced John Uban, 300 1St Avenue North.
Mr. Uban said the berm is proposed along County Road 101 because County Road 101 is
elevated above the site. He said the berm is designed to help screen a key part of the site. He
said they also believe by creating the berm ahead of time, it would have time to settle prior to the
planting of trees and shrubs. This would allow for a better root system and better survival of the
trees. He said they want to protect the natural resources on the site. He said they asked for the
sewer line to be moved towards the north to protect the wetland area and edge of trees. He said
they are trying to create a well protected site. He showed a picture of the site and indicated
where the berm and plantings would be located. He said they have read the staff report and agree
with the conditions.
Chair Larson asked if the 6 month time -frame for site restoration included the landscaping.
Senior Planner Darling said the site restoration is required for erosion control so the berm and
other disturbed areas would only need to be seeded. She said the landscaping would be allowed
to occur at a later date.
Mr. Uban said the staff report indicates they are to build a boulder wall or gates for blocking the
proposed construction access. He said they would like the flexibility of using either method for
closing off the berm.
Director Hurlburt stated to clarify, the wording in the resolution could be added regarding using
gates vs. boulders.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
Commissioner Weir asked if their was anything in the resolution that needed to be changed prior
to a Motion.
Director Hurlburt said those changes could be made to clarify the landscaping requirements and
use of gates rather than boulders prior to it going to City Council.
MOTION by Commissioner Weir, seconded by Commissioner Musliner, to approve the request
by DSU, Inc., under File 2004014, for an interim use permit for grading to create a berm on
property located on the east side of County Road 101 at
54th Avenue North. Roll Call Vote. 7
Ayes. MOTION approved.
Approved
Planning Commission Minutes
April 7, 2004
Page 7
F. HENRY I LAZNIARZ (2003129)
Chair Larson introduced the request by Henry J. Lazniarz, under file 2003129, for preliminary
plat for two single family lots to be known as Plymouth Park Place for property located at 4415
Northwest Boulevard.
Planner Bowers stated this is a continuation of the March 17, 2004 public hearing on this item.
Planner Bowers gave an overview of the March 30, 2004 staff report. She said the applicant
submitted a letter in defense of the tree preservation issues raised and the fines that have been
levied.
Chair Larson introduced the applicant Henry Lazniarz, 1117 Marquette Avenue.
Mr. Lazniarz said the silt fence was installed during frozen soil conditions and as it thawed, some
of the stakes fell out of the ground causing the fence to fall.
Chair Larson opened the public hearing.
Chair Larson introduced Mike Hackner, 13020 -44th Avenue North.
Mr. Hackner said he has concerns with the layout of the houses and that they seem too close
together. He said he has concerns with the marketability of the homes.
Chair Larson closed the public hearing.
Planner Bowers said the homes as proposed, comply with all the Zoning requirements. She said
the request does not include any variances.
Commissioner Griffith asked if the fines that were levied for tree preservation were part of the
Commissions discussion and decision making process.
Planner Bowers stated the fines are required by the Subdivision Regulations and do not require
any action by the Planning Commission.
Commissioner Holmes asked how the issue with the tree preservation is dealt with when it could
be several years before the outcome of the trees is known.
Director Hurlburt said we are assuming the trees are not going to survive because they were not
adequately protected. She said the Ordinance doesn't address what will happen to the trees
several years from now.
Approved
Planning Commission Minutes
April 7, 2004
Page 8
Commissioner Holmes said the assumption is that they have been damaged and the fine is levied.
He asked what would happen if 3 years from now the trees have survived. Director Hurlburt said
if the trees survive that would be a positive.
Commissioner Anderson asked what the fine money is used for. Director Hurlburt said it goes
into the City's reforestation fund and is used for tree planting elsewhere in the community.
Commissioner Griffith stated if the trees weren't protected during development then they have
not been preserved.
Commissioner Holmes asked if the fines were issued because the trees weren't adequately
protected, regardless of whether or not the trees survive.
Director Hurlburt answered affirmatively.
MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the request
by Henry Lazniarz for a preliminary plat for two single family lots to be known as "Plymouth
Park Place" for property located at 4415 Northwest Boulevard. Roll Call Vote. 7 Ayes.
MOTION approved.
7. NEW BUSINESS
A. SET SPECIAL MEETING TO DISCUSS POSSIBLE CHANGES TO THE
LIGHTING REGULATIONS.
MOTION by Chair Larson, Seconded by Commissioner Holmes, to schedule a special meeting
for May 12, 2004, 7:00 p.m. in the Public Safety Training Room to discuss possible changes to
the lighting regulations. Vote. 7 ayes. MOTION approved.
8. ADJOURNMENT
MOTION by Chair Larson, with no objections, to adjourn the meeting. The meeting adjourned
at 8:35 p.m.