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HomeMy WebLinkAboutPlanning Commission Minutes 06-01-2005Approved Minutes City of Plymouth Planning Commission Meeting June 1, 2005 MEMBERS PRESENT: Chair Peggy Larson, Commissioners James Holmes, Frank Weir, E.J. Clyman, Nancy Franke -Wilson, Sarah Anderson, and Kathleen Murdock MEMBERS ABSENT: None. STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Marie Darling, Senior Planner Shawn Drill, Planner Joshua Doty, Associate Planner Jared Noelting, 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 Anderson, to approve the June 1, 2005 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MAY 18, 2005, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the May 18, 2005 Planning Commission minutes. Vote. 7 Ayes. MOTION approved. B. SKYLINE DESIGN, INC. (2005038) MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Skyline Design, Inc. for a variance to allow construction of a 320 square foot room addition which would increase the impervious surface coverage from 47% to 51% for property located at 1840 Juneau Lane North. Vote. 7 Ayes. MOTION approved. Approved Planning Commission Minutes June 1, 2005 Page 2 6. PUBLIC HEARINGS A. QUALITY SITE DESIGN (2005024) Chair Larson introduced the request by Quality Site Design for rezoning and preliminary plat for "Hadley Hills 2nd Addition" for six lots on the five -acre parcel located at 18555- 13th Avenue North. Senior Planner Darling gave an overview of the May 24, 2005 staff report. She said the City received a letter from William and Rosemarie Rosengren, 18530 -11th Avenue North which is now part of the public record. Chair Larson asked who would be responsible for the strip of land along the east side of the site. Senior Planner Darling said that would be part of the shared homeowner responsibility through the homeowners association. Chair Larson introduced Charlie Melcher, Quality Site Design. Mr. Melcher said they are trying to make this site as workable as possible. He said the biggest discussion is the re-establishment of vegetation and the safety of the retaining walls. He said they have designed swales to prevent drainage problems. He said they are incorporating a large amount of trees for year-round screening. He said the sanitary sewer connection would come in from the west. He said the watermain would come in from the north. He said they have held neighborhood discussions in regards to shifting the road to the west as much as possible to provide a buffer to the adjacent neighbors. Commissioner Clyman asked how high the retaining wall around the pond would be. Mr. Melcher said it would be approximately 3.5 feet. Chair Larson introduced Cindy Hedberg, 18855 -13th Avenue North. Ms. Hedberg said she is the owner of 18855 -13th Avenue North. She said she has recently had to move to a smaller home due to the financial burden of maintaining this property. She asked the Commissioners to consider this request and vote to approve it. Chair Larson opened the public hearing. Chair Larson introduced Eric Fortney, 1365 Walnut Grove Lane. Mr. Fortney said he was never included in a neighborhood meeting with the developer. He said the property is an extreme low-lying wetland area. He said a very large amount of fill Approved Planning Commission Minutes June 1, 2005 Page 3 would have to be brought in to build a road. He said he is concerned that this is not the best use for the property. He said it doesn't necessarily have to have five lots, it could possibly have fewer, or just one. Chair Larson introduced Kelly Fryer, 1360 Walnut Grove Lane. Ms. Fryer said she was not included in a neighborhood meeting. She said it looks like a nice development on paper, however seeing it in person is a different story. She said her main concern is 13th Avenue going through and tying into Walnut Grove Lane. She said all of the trees would be lost. She said they could develop five homes in order to be able to move the road so that it wasn't as close to her property. Chair Larson introduced Roger Cruzen, 18425 -14th Avenue North. Mr. Cruzen said he represents the property owners in the Hadley Hills 1St Addition. He said last November he appeared before the Commission with concerns with the last proposed development. He said some of the issues since then have been resolved. He said they care very deeply for the preservation of the neighborhood. He said this development will remove much of the natural vegetation. He said the retaining walls proposed would be a danger to the children in the neighborhood. He said this plan doesn't show adequate drainage. Chair Larson asked Mr. Cruzen if he represented the owners officially through an association. Mr. Cruzen said he has met with the owners and they agree on the issues, however he does not represent them officially. Chair Larson introduced Kristen Taraszewski, 1125 Vagabond Lane. Ms. Taraszewski said her home is located at the highest point of the retaining wall. She said her main concern is the impact of a 14 -foot retaining wall on the natural drainage. She said this could cause drainage problems years down the road. She said the safety associated with such a large drop is a concern. She asked if the retaining wall could be tiered so it wasn't such a drastic drop. She said the retaining wall would have a negative impact on her property. She said a retaining wall has to be at least 15 feet away from a tree to not disrupt the root system. She said the plan shows the retaining wall to be less than 15 feet from large trees on her property. She said there is no buffer for her property because of the retaining wall. Chair Larson introduced Stan Taraszewski, 1125 Vagabond Lane. Mr. Taraszewski said initially they were not aware of the proposed development and it has taken a lot of time to research it. He said there isn't anyone making an effort to meet with them and include them in the planning. Approved Planning Commission Minutes June 1, 2005 Page 4 Chair Larson introduced Nancy Holmes, 1295 Walnut Grove Lane. Ms. Holmes said if the sewer would come in from the west it would go through her property. She said they have no plans to sell or develop their property, which means 13th Avenue won't extend through anytime soon. Chair Larson introduced Gregg Leininger, 1225 Vagabond Lane. Mr. Leininger asked what the purpose of 13th Avenue being extended was. He said he realizes eventually it might go through, however why not leave it for now until such time as it's required. He said the only reason to stub it in now is so the developer would have to pay for it. He said leaving it where it is now would save a lot of trees. He asked what the purpose of the proposed street light and sidewalk was. He said the retaining wall in the first plan was supposed to be tiered. He said the new plan shows it as a 14 -foot wall. He said it should be staggered so it is a reasonable drop. He asked for clarification of the height of the retaining wall around the pond and where the trees are to be planted. He said there is a tree on the Fryer's property that is unclear on the plan whether or not it would be removed. He said there is already an existing water pressure issue in the neighborhood. Chair Larson introduced John Mork, 18705 -11th Avenue North. Mr. Mork said he is the president of the Villages Association. He said they oppose this development plan. He said they have met with the developer and believe the new design to be poorly conceived and unacceptable. He said they previously supported a development originally called Sleepy Hollow which proposed five lots. He said they are opposed to the six -lot development. He said they support the five -lot plan because it minimizes the need to remove mature trees, it requires less excavation and preserves the natural contours of the land, the number of retaining walls are minimized, it has a more rural feeling, it is more respectful of the wetlands, there is less hard cover, and it is more aesthetic. He said the Rosengren property would be most negatively affected. He said there needs to be a conservation easement agreement. He said there are concerns with drainage. He said they would need to be reassured that a six -lot development would not be detrimental to their properties. Chair Larson introduced Michael Leuer, 3600 Holly Lane North. Mr. Leuer said they considered using the five -lot plan but found the six -lot plan is better. He said this would bring a nice new look to the neighborhood. He said he understands the concerns of the adjacent property owners. He said they feel this is the best plan for this property. Chair Larson introduced Freddie Contreras, 1205 Vagabond Lane. Approved Planning Commission Minutes June 1, 2005 Page 5 Mr. Contreras said he supports Mr. Cruzen's comments. Chair Larson introduced Jane Ford, 1115 Vagabond Lane. Ms. Ford said the new plan doesn't show any creativity. She said the long standing vegetation will be uprooted. She said the existing home on the property could remain. She said if this plan is approved, her home will face the last home on site number 1. She said the retaining wall will provide very little space between the two homes. She said this home could be positioned further to the west to allow for the wall to be moved. She asked the Commission to hear her concerns and make a responsible decision. Chair Larson closed the public hearing. Director Hurlburt asked Mr. Melcher to address some of the engineering issues that were raised. Mr. Melcher said when they construct the cul-de-sac, the dirt would be used in the areas where the new houses would be built. He said the ponds would be excavated and built with a berm on the side. He said in regards to the fire flows, the City has done testing and the Utility Department has concluded that the flows would meet the requirements especially because of the lower elevation of the site. He said the watermain would loop back to 13th Avenue. He said this would maintain the existing pressures, for both fire flow and the existing homes. He said fire flows vary throughout the day. He said highest uses are in the morning and evening hours. Chair Larson asked if they would be digging up adjacent properties for the watermain. Mr. Melcher said no. He said that the utility plan has been reviewed and approved by the City's Engineering Department. Director Hurlburt asked Mr. Melcher to address the retaining walls in regards to the height issues. Mr. Melcher said they are proposing a boulder retaining wall in the cul-de-sac area. He said they are not able to tier this area because of the setbacks. He said they were able to reduce the height by three feet along the cul-de-sac and two feet on the retaining wall by the pond after changing the grading. Commissioner Anderson asked what the height would be then. Mr. Melcher said the highest point would be 11 feet after the reductions. He said the retaining wall on the east side of lot 1 is 10.5 feet and since they are getting away from the cul-de-sac, they wouldn't be able to reduce the height in that location. He said they could raise the house pad to help with the height of the retaining wall. Mr. Melcher said they are proposing a four -foot high black chain link fence on top of the wall which tends to blend in better with the vegetation. Commissioner Murdock asked why they couldn't have a tiered retaining wall. Mr. Melcher said the plan from last year allowed for tiering. He said with the cul-de-sac in its proposed location, tiering would not be feasible because of the setback requirement. He Approved Planning Commission Minutes June 1, 2005 Page 6 said there is a possibility of tiering an area of the retaining wall to the north of the cul-de- sac. Director Hurlburt asked about the tree preservation plan and some issues that were raised with specific trees. Mr. Melcher said the trees at the intersection of 13th Avenue and the proposed cul-de-sac are within the right-of-way of the street. He said the property to the north has a black rail fence, pool, and a boulder wall in the rear of the property. He said the wall and fence encroach on the street right-of-way. He said they have designed their grading plans to accommodate them rather than remove the wall and fence. Director Hurlburt said the survey indicates that the retaining wall may be encroaching on the right- of-way. She said we don't know for sure, but Mr. Melcher's' company has been out there surveying. Mr. Melcher said their plan does not disturb the existing encroachment. Chair Larson asked about 13th Avenue being extended. Planning Manager Senness said when the Evergreen Knoll plat came through in 1996, the possibility of extending 13th Avenue in the future was addressed. She said conditions attached to the development recognized that 13th Avenue would extend at some point. Director Hurlburt said at the time the property is platted, all the roads within that boundary get built. She said the eventual extension of 13th Avenue has been on public record for years. She said as these properties develop, this has been the plan. Commissioner Murdock asked about the concern of the retaining wall being less than 15 feet from the trees. Mr. Melcher said many cities allow disturbance of roots in 1/3 of the area within the drip line, which is the perimeter around the tree where any water would fall. He said some oak trees will die if you do this but other species are not as susceptible. Commissioner Murdock asked about the street light and sidewalk. Chair Larson said there is a pathway by the Fryer property. Senior Planner Darling said it is not a pathway, it is an abandoned driveway. Director Hurlburt said under the new subdivision regulations, streetlights and sidewalks are standard improvements. She said if this lone street light or that section of sidewalk is out of character, the City could waive that requirement. Director Hurlburt said there are a lot of comments about wanting buffers or trees for screening. She said the City's Zoning Ordinance does not require screening or buffering between single family homes. She said the zoning being requested is the same as the surrounding zoning. Commissioner Clyman asked for clarification that the request is for a rezoning and preliminary plat. Director Hurlburt said in the case of a plat, the final plat goes right to the City Council without a public hearing. She said the preliminary plat is the main public hearing on the issues. She said the City's discretion is low when they aren't asking for any variances. She said approval or denial is based on the objective standards. Chair Larson said this is consistent with the comprehensive plan and the City's discretion is limited to whether or not it meets the standards. Commissioner Clyman said the main focus is if the zoning is appropriate. Approved Planning Commission Minutes June 1, 2005 Page 7 Chair Larson asked about the sewer going through other properties. Mr. Melcher said there is an existing sewer line which is in a City utility easement which allows them to connect there. Commissioner Anderson asked if they would be allowed to dig in that owner's property. City Engineer Quanbeck answered affirmatively, but said they have to stay within the easement. Chair Larson asked about the water pressure. City Engineer Quanbeck said the water pressure in the City system is dependent on the difference in elevation between the water towers and where the water comes out. He said it is relatively a steady pressure. He said the demand doesn't affect the pressure on the pipes. He said the homes added with this development would not affect the pressure. He said existing houses are close to the operating pressure of the City's standpipe. He said they are currently doing a study on the pressure issues. Director Hurlburt said in regards to the Villages neighborhood saying they would support the previous plan, she said that application is not before us and is not an option at this time. Chair Larson indicated that the Public Hearing was closed and no further testimony would be heard from the public. She said the Commissioners will discuss the issues and make a recommendation to the City Council. Commissioner Clyman said because it is appropriate to rezone, he would be voting in favor of the request. However, he said he has concerns that it is creating double frontage lots and that he doesn't support the design of the retaining walls. Commissioner Anderson said she heard the comments from the residents and she also has a concern with density. She said the owners have rights. She said the plan presented is the best plan for this property. She said this plan is lower in density than what is typically approved. She said she would be voting in support of this plan. Chair Larson concurred. Commissioner Holmes said the request meets the guidelines for rezoning so he would also be voting in favor. Commissioner Weir said he heard many people say they weren't involved in the planning. He said without monetary involvement, they wouldn't have any involvement. MOTION by Commissioner Weir, seconded by Commissioner Wilson, recommending approval of the request by Quality Site Design for rezoning and preliminary plat for Hadley Hills 2nd Addition" for six lots on the five -acre parcel located at 18555 -13tH Avenue North. Roll Call Vote. 7 Ayes. MOTION approved. B. FRAUENSHUH COMPANIES (2005039) Chair Larson introduced the request by Frauenshuh Companies for a planned unit development amendment to allow a free-standing retail building for property located at the northeast corner of State Highway 55 and Northwest Boulevard. Planner Doty gave an overview of the May 23, 2005 staff report. Approved Planning Commission Minutes June 1, 2005 Page 8 Chair Larson opened the public hearing. Chair Larson introduced Tim Gotzion, 6594 S. Oak Lane. Mr. Gotzion said he represents the Red Robin located at 2669 Campus Drive. He said he has concerns with the ingress and egress of the site. He said there is a private easement that runs through the property that was supposed to be installed when Boston Market went in. He said this is important for his guests and also for safety reasons. He said he is willing to work with the applicant to provide better access in and out of the site. Chair Larson asked what was meant by a private easement. Mr. Gotzion said it is an easement that was filed with Hennepin County. He said it is a ingress/egress easement for cars to access the building. Director Hurlburt said Red Robin has a cross access easement. She said they have a right to use that property to get in and out of their property. She said the City has reviewed the plan and determined it meets the City's regulations. She said if Red Robin still disagrees and feels their rights have been violated, it is a civil matter between the two parties. Director Hurlburt said we required cross access easements throughout the development. Planning Manager Senness said there is a requirement in the draft resolution that requires the easement to be revised to follow the proposed drive aisles on the site. Chair Larson closed the public hearing. Commissioner Clyman asked if there would be appropriate signage. Planner Doty said the proposed plan identifies directional signage for one-way drive aisles. He said there is also an existing pylon sign that has space for signage and the proposed elevations identify wall signage. MOTION by Commission Weir, seconded by Commissioner Wilson, recommending approval of the request by Frauenshuh Companies for a planned unit development amendment to allow a free-standing retail building for property located at the northeast corner of State Highway 55 and Northwest Boulevard. Roll Call Vote. 7 Ayes. MOTION approved. C. CONSTRUCTION CONSULTANTS, INC. (2005041) Chair Larson introduced the request by Construction Consultants, Inc. for a rezoning, a site plan amendment, and an interim use permit for the Fluidyne Aerotest Laboratory located at 13825 Schmidt Lake Road. Senior Planner Darling gave an overview of the May 24, 2005 staff report. Approved Planning Commission Minutes June 1, 2005 Page 9 Commissioner Clyman asked if there are hazardous materials related to the project. Senior Planner Darling referred the question to the applicant. Chair Larson introduced Jack Ovick, 6433 Ryan Avenue S. Mr. Ovick said he represents Aero Systems Engineering. He described the operations of the proposed Fluidyne Aerotest Laboratory. He said the two wetlands on the site form a buffer and they intend to maintain that area. He said in regards to hazardous materials, there is a shed in which they store gasoline and oil until it is recycled. He said the machine shop expansion would not increase the amount of hazardous materials. Chair Larson opened the public hearing. Chair Larson introduced Jim Schulz, 13975 -48th Avenue North. Mr. Schulz said he is not against the proposal for the expansion. He asked why the whole area has to be rezoned and not just the area they want to build on. He said they have a concern that if it's rezoned, the property owner or future owners would make less desirable changes. Director Hurlburt said the applicant's request was to rezone the whole property. She said for record keeping purposes, we try to follow the property boundaries. She said the Wetland Conservation Act (WCA) regardless of the rezoning, will keep the property unbuildable. She said we could rezone a portion of it, but we would have to label it on a map and have very clear boundaries to do so. She said a strip of FRD zoning could be maintained but it doesn't seem necessary. Commissioner Clyman asked if there is any other way to accommodate the request. Senior Planner Darling said the WCA would provide more protection for the wetland than any zoning district. City Engineer Quanbeck added that the City has utility and drainage easements over the wetland and would be able to prevent the applicant from filling the wetlands as contrary to the intent of the easement. Commissioner Clyman asked how much greater of a footprint could be built with the rezoning. Senior Planner Darling said the I-1 Zoning allows 50% of the site to be covered. She said that is rarely achieved because you couldn't provide enough parking for that size of a building. Commissioner Clyman asked if a bigger building could be built. Senior Planner Darling answered affirmatively. Commissioner Clyman said he is uncertain if the Light Industrial zoning is the best use for this property. He said he will not be voting in favor of the request. Approved Planning Commission Minutes June 1, 2005 Page 10 Commissioner Holmes said Fluidyne has been there for a long time. He said they are good neighbors. He said he is in favor of the rezoning. Commissioner Weir said the company and its operation are fascinating and he too is in favor of the rezoning. Commissioner Wilson said she concurs. Commissioner Clyman said his concern is with the zoning district and not the business. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Construction Consultants, Inc. for rezoning, site plan amendment, and interim use permit for the Fluidyne Aerotest Laboratory located at 13825 Schmidt Lake Road. Roll Call Vote. 6 Ayes. Commissioner Clyman voted Nay. MOTION approved. D. CITY OF PLYMOUTH (2005047) Chair Larson introduced the request by the City of Plymouth for a City Code amendment relating to the administration fee for development contracts. Senior Planner Drill gave an overview of the May 24, 2005 staff report. Commissioner Anderson asked how the City Administrative cost percentages were arrived at. Senior Planner Drill said the fee amount is based on two to three percent of the overall cost of the public improvements. He said those percentages have been existing in the City Code for several years, and are not proposed to be changed as part of the amendment. He said the percentages are generally accepted as the amount needed to cover the City's expenses, which include things like plan review, monitoring, testing, inspections, etc. He said the language in the City Code would be amended as a housekeeping measure to clarify that the City may charge the administration fee, regardless of whether the City or the developer installs the public improvements related to a development because the costs incurred to the City are the same. Commissioner Anderson said she is concerned that developers may be paying too much, and asked if there is a breakdown of the actual cost incurred by the City for a development contract. Senior Planner Drill said staff hasn't gone to the expense or taken the additional time needed to do an accounting of the fee on a per project basis. He said many cities charge this same percentage, and use the fee to recoup some of the costs incurred in administering the contract. Director Hurlburt said the City reports fees collected and expenses incurred for development review to the state on an annual basis. She said some years the fees have exceeded the overall costs of providing the service; other years the fees have been less. On average the City is collecting the fees necessary to avoid the general taxpayer paying for the cost of development review. Commissioner Anderson said she would like to see a more accurate portrayal of these expenses. She said she would be voting against the amendment. Director Hurlburt said because of the number of projects Approved Planning Commission Minutes June 1, 2005 Page 11 and the complexity of them, it would be very time consuming and expensive to itemize the exact costs, and would increase the overall project cost to the developer. 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 the City of Plymouth for a City Code amendment relating to the administration fee for development contracts. Roll Call Vote. 6 Ayes. Commissioner Anderson voted Nay. MOTION approved unanimously. 7. NEW BUSINESS A. MARY SCHABEL (2005044) Chair Larson introduced the request by Mary Schabel for an interim home occupation license to operate a massage therapy business out of the home located at 17410 -9th Avenue North. Associate Planner Noelting gave an overview of the May 24, 2005 staff report. Chair Larson asked if the license is renewed after one year. Associate Planner Noelting answered affirmatively and said after that time it is administratively reviewed and approved for three years if there are no complaints. Chair Larson introduced Mary Schabel, 17410 -9th Avenue North. Commissioner Wilson asked if she is operating this business elsewhere or if it is a new business. Ms. Schabel said this is a new business. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Mary Schabel for an interim home occupation license to operate a massage therapy business out of the home located at 17410 -9th Avenue North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. 8. ADJOURNMENT MOTION by Chair Larson, with no objection, to adjourn the meeting at 9:55 p.m.