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HomeMy WebLinkAboutPlanning Commission Minutes 06-18-2003Approved Minutes City of Plymouth Planning Commission Meeting June 18, 2003 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, Jason Rohloff, Nancy Franke -Wilson, James Holmes, Kendall Griffith and Melissa Musliner MEMBERS ABSENT: None STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Marie Darling, City Engineer Ron Quanbeck 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 Chair Larson recommended moving Public Hearing Item 7C before Item 7B and adding a New Business Item 8A to discuss cancellation of the July 9, 2003 Planning Commission meeting. MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to approve the amended June 18, 2003 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. APPROVAL OF MINUTES MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to approve the June 4, 2003 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. Commissioner Griffith abstained. 6. CONSENT AGENDA 7. PUBLIC HEARINGS A. DAVERN, INC. (2003026) Approved Planning Commission Minutes June 18, 2003 Page 2 Chair Larson introduced the request by DaVern, Inc. for a preliminary plat, interim use permit, site plan and variances for "Annapolis Town Office Park", a 16 -unit office development to be located on the southeast corner of 34th Avenue North and Annapolis Lane North. Senior Planner Darling gave an overview of the June 10, 2003 staff report. Commissioner Wilson noted this project required three variances, one of which is substantial, and asked if there is a limit on the number of variances allowed. Senior Planner Darling responded there is no limitation on variances requested. She said the content of each variance should be reviewed separately, and to keep in mind that the proposed development site is a difficult piece of property for any development. Chair Larson asked if there is any reason not to require parking spaces for compact vehicles now rather than require conversion if there are future problems. Senior Planner Darling responded that today's reality is that more people drive larger vehicles, such as SUVs, and would have difficulty fitting such oversized vehicles into the compact spaces which are 8 -foot rather than the proposed 9 -foot spaces. Senior Planner Darling stated the applicant is confident there is enough parking on the site. Commissioner Holmes referenced the vacated easements on 34th Avenue and asked who would be responsible for the maintenance of the property. Senior Planner Darling responded that the maintenance reverts to the person who owns the property. The applicant would be responsible for the driveway and that portion of land alongside the driveway, and adjacent property owners would maintain the property they receive back. Chair Larson introduced the applicant, David Ficek, representing DaVern, Inc., who thanked staff for their diligence in processing this application. Mr. Ficek said there will be an owner's association which will charge a monthly fee for their services which include snowplowing, landscaping, and building and parking lot maintenance. He added this arrangement has worked great on other properties. Commissioner Musliner asked if the applicant is agreeable to the condition prohibiting medical facilities. Mr. Ficek responded he is completely in agreement with this condition. Mr. Ficek said that a project in Shoreview had a dental clinic and within two years requested 25% more parking space. Mr. Ficek stated occupants are typically attorneys, accountants, mortgage and title companies, etc. Approved Planning Commission Minutes June 18, 2003 Page 3 Planning Manager Senness said this same condition restricting medical clinics applied to the Fernbrook Townhome development. Chair Larson continued the public hearing. There being no one to speak on the subject, Chair Larson closed the public hearing. MOTION by Commissioner Griffith, seconded by Commissioner Weir, to approve the request by DaVern, Inc. for a preliminary plat, interim use permit, site plan and variances for "Annapolis Town Office Park", a 16 -unit office development to be located on the southeast corner of 34th Avenue North and Annapolis Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. C. QUAIL RIDGE HOMEOWNERS ASSOCIATION AND CITY OF PLYMOUTH 2003055) Chair Larson introduced the request by the Quail Ridge Homeowners Association and the City of Plymouth for a conditional use permit to allow construction of an area identification sign in the public right-of-way located at the intersection of Old Rockford Road and Rockford Road (County Road 9). Senior Planner Darling gave an overview of the June 18, 2003 staff report. Chair Larson introduced Dan Basil, 15300 41st Avenue North. Mr. Basil stated he is the Co - Director of the Quail Ridge Homeowners Association and feels this is a win-win resolution in that it would keep the weeds mowed in an area that has been a problem, and provide a place for the sign monument as well so the neighborhood would have identity. Commissioner Rohloff inquired about the ongoing problem with weeds and asked why this presents a special circumstance. Senior Planner Darling explained that these lots have double frontage and the property in question has an extra deep right-of-way, as there is a county road, a trail, and a number of utility lines. The property owner has been unable to maintain this corner and the City has received complaints. Orders have been issued to the property owner to mow and when the time line was not met, the City would mow and assess costs to the property owner. The homeowners association is getting involved with a more permanent solution. Commissioner Rohloff asked if the homeowner was aware of the size of the frontage when purchasing his property. Senior Planner Darling responded affirmatively and stated the subdivision went in after the roadways were in place. Approved Planning Commission Minutes June 18, 2003 Page 4 Commissioner Holmes asked if the homeowners association is in agreement to handle maintenance of the entire right-of-way which includes the 7 lots. Senior Planner Darling said that in discussions with the homeowners association it was determined that they are willing to maintain only this particular area with the landscape area they are proposing. Chair Larson opened the public hearing Chair Larson introduced Rita Albert, 15295 41st Avenue North. Ms. Albert confirmed that when she purchased her property, the builder, Dean Johnson, stated that it would always be maintained by the homeowners association — not the homeowner. Ms. Albert stated she has the largest area to mow and will discontinue maintenance. Ms. Albert clarified that she will not mow what she is currently mowing, other than her own property, if the City approves this request. Chair Larson closed the public hearing. Commissioner Rohloff stated he does not think the placement of the sign will solve this problem. Chair Larson concurred with Commissioner Rohloff and said she feels this will create a greater difficulty than what the Commission is trying to resolve. Commissioner Holmes concurred with Chair Larson and Commissioner Rohloff. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the request by the Quail Ridge Homeowners Association and the City of Plymouth for a conditional use permit to allow construction of an area identification sign in the public right-of-way located at the intersection of Old Rockford Road and Rockford Road (County Road 9). Roll Call Vote. 3 Ayes. MOTION failed on a 3-4 Vote. Commissioners Rohloff, Holmes, Musliner and Chair Larson voting Nay. Commissioner Griffith said the resolution addressed the sign issue, not lawn maintenance, and the logic in the staff report makes sense which is his basis for supporting the request. Commissioner Wilson concurred with Commissioner Griffith. Commissioner Musliner asked if the sign could be located closer to the entrance to the subdivision. Senior Planner Darling said the homeowners association did approach the City about placement of the sign in the median. This median is narrower than other typical medians, and the City denied that request. Approved Planning Commission Minutes June 18, 2003 Page 5 MOTION by Chair Larson, seconded by Commissioner Rohloff, to deny the request by the Quail Ridge Homeowners association and the City of Plymouth for a conditional use permit to allow construction of an area identification sign in the public right-of-way located at the intersection of Old Rockford Road and Rockford Road (County Road 9). Roll Call Vote. 4 Ayes. MOTION approved. Commissioners Griffith, Wilson and Weir voting Nay. B. BRANDT ENGINEERING & SURVEYING (2003043) Chair Larson introduced the request by Brandt Engineering & Surveying for a comprehensive plan amendment to add roughly 81 acres at the northeast corner of Peony Lane and Schmidt Lake Road to the Metropolitan Urban Service Area (MUSA), Rezoning from FRD to RMF -2 and a sketch plan for 75 lots for single family homes. Planning Manager Senness gave an overview of the June 11, 2003 staff report. Commissioner Rohloff asked why this project is before the Commission when there are so many unanswered questions surrounding it. Planning Manager Senness stated the key issue is the fact that the development of this particular site is premature, and in order to minimize the amount of staff time and additional expense to applicant, only major policy issues were addressed. Director Hurlburt added that the City Council had given the direction to not spend significant staff time on requests in Northwest Plymouth outside the current MUSA. Chair Larson asked if this project would require infrastructure costs to the City that were not planned. Director Hurlburt stated the City would have to amend our sewer plan and refer it to the Metropolitan Council for review. In addition, the City has no agreement with the Metropolitan Council so there could be up -front costs to use the interceptor. She also stated that the City wouldn't initiate these tasks until the Comprehensive Plan has been amended to urbanize this area. Chair Larson introduced the applicant, Ray Brandt, Brandt Engineering & Surveying. Mr. Brandt stated he wanted to know if there was a chance for development in this area in the Year 2004. Commissioner Rohloff reiterated that the City Council is not mandated to do anything until 2008. Commissioner Wilson questioned why this project is before the Commission for review. Mr. Brandt responded that he does not believe this property will not be rezoned until 2008. He said although this property is a little isolated, there is development including homes and the school Wayzata High School) within a couple hundred feet of the property in question, and stated that he feels there is a chance this would be the first piece of property to be rezoned for development. Approved Planning Commission Minutes June 18, 2003 Page 6 Mr. Brandt added that he did talk to the Met Council, and said if the City were to ask the Met Council to move the MUSA line, they would move it in a minute. Planning Manager Senness stated the City — not the Metropolitan Council — makes the decision to move the MUSA line. A plan is submitted by the City to the Metropolitan Council for review. If the Metropolitan Council finds no regional system impact, the City may put the plan into effect. Commissioner Rohloff asked if the City Council, who has chosen not to do develop in the Year 2003, may change its mind in the Year 2004. Director Hurlburt responded that the City Council reviews its goals and priorities each year. However, she noted that the fiscal situation referenced in the staff report, making it more difficult for the City to pay for new growth, will continue through 2004. Chair Larson opened the public hearing. Chair Larson introduced Steve Chlupsa, 17310 51st Avenue North. Mr. Chlupsa stated he carefully reviewed the area land use prior to purchasing a 5 -acre lot directly east of the proposed development. Mr. Chlupsa said he paid a premium for the view and to stay away from large lighted areas and major construction. Mr. Chlupsa expressed concerns regarding fertilizer runoff from additional lots affecting the wetlands and the elimination of the big stand of trees. Mr. Chlupsa added the cost for widening Peony Lane and other infrastructure costs to the City would be enormous. Mr. Chlupsa commented that the sign on the corner of Peony Lane and Schmidt Lake Road is misleading to the public and asked that it be reviewed for content. Chair Larson introduced Judy Luedke, who stated she has been a resident at 17910 Co. Rd. 47 since 1975. Ms. Luedke said she supports development of this piece of land. Ms. Luedke said people who move in think the view will be like that forever. Ms. Luedke said as people move in, her property has gone up in value such that they can't afford it and they pay for the view this gentleman (Mr. Chlupsa) wants. Ms. Luedke said she has to maintain 54 acres of farmland which is not as high-priced as other land in Plymouth. The sewer is going in but there is no development to support and her taxes are going up. Those property owners with large pieces of land want to be able to develop. Ms. Luedke said the City did put in a dog park. They don't need a dog park, they need to be allowed to be develop as they are not living in a rural place any more. Chair Larson introduced Len Ludtke, 17910 Co. Rd 47, who stated he is 100% in favor of developing that area. Chair Larson introduced Tov Rezabek, 17420 49th Avenue North. Mr. Rezabek said he is the President of Conor Meadows Homeowners Association. He concurred that the aforementioned sign is misleading. Mr. Rezabek stated they know development is coming but feel it should be at the City's pace. Mr. Rezabek commended staff for their review and recommended approval of staff s recommendation to deny the request for development. Approved Planning Commission Minutes June 18, 2003 Page 7 Chair Larson closed the public hearing. Chair Larson asked staff to address the issue of the sign at Peony Lane and Schmidt Lake Road. Director Hurlburt responded that the Zoning Ordinance has a limitation on the size of "for sale" signs on a property, but does not regulate content. Director Hurlburt said she will check with the City Attorney to clarify the regulation of content. Director Hurlburt stated the Elm Creek interceptor is a regional facility being built by the Metropolitan Council. Cities cost share if they are urbanizing, but because this property is not in an urban service area, the City would have to amend the sewer plan and calculate our share of the cost as the City allows property owners to hook up. Chair Larson stated she cannot support this development request for several reasons which include the fact that the plan is in advance of the City's Comprehensive Plan, the developer does not provide any compelling reason to make any rezoning changes, a higher density rezoning would be better, it is in a flood plain and finally, the developer is not sensitive to natural resources in area. Commissioner Holmes said the City extends energy and resources to development and growth within our City and this proposed plan disregards most of those recommendations and, therefore, he could not support the proposal. MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to deny the request by Brandt Engineering & Surveying for a comprehensive plan amendment to add roughly 81 acres at the northeast corner of Peony Lane and Schmidt Lake Road to the Metropolitan Urban Service Area, Rezoning from FRD to RMF -2 and a sketch plan for 75 lots for single family homes. Roll Call Vote. 7 Ayes. MOTION approved unanimously. 8. NEW BUSINESS MOTION by Chair Larson, seconded by Commissioner Musliner, to cancel the July 9, 2003 Planning Commission meeting. Vote. 7 Ayes. MOTION approved. 9. ADJOURNMENT MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to adjourn the meeting. Vote. 7 Ayes. The meeting adjourned at 8:25 p.m.