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HomeMy WebLinkAboutPlanning Commission Minutes 07-07-2004Approved Minutes City of Plymouth Planning Commission Meeting July 7, 2004 MEMBERS PRESENT: Acting Chair Frank Weir, Commissioners Nancy Franke -Wilson, James Holmes, Kendall Griffith, and Sarah Anderson MEMBERS ABSENT: Chair Peggy Larson and Commissioner Melissa Musliner STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, Planner Rebecca Bowers, Associate Planner Jared Noelting, 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 MOTION by Commissioner Anderson, seconded by Commissioner Griffith, recommending approval of the July 7, 2004 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF JUNE 16, 2004 PLANNING COMMISSION MINUTES MOTION by Commissioner Anderson, seconded by Commissioner Griffith, recommending approval of the June 16, 2004 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. B. RYLAND GROUP (2001148) Acting Chair Weir introduced the request by the Ryland Group for a site plan amendment for the Fields of Nanterre, 3rd Addition for property located near the intersection of Yuma Lane North and Schmidt Lake Road. Approved Planning Commission Minutes July 7, 2004 Page 2 MOTION by Commissioner Anderson, seconded by Commissioner Griffith, to approve the request by the Ryland Group for a site plan amendment for the Fields of Nanterre, 3rd Addition for property located near the intersection of Yuma Lane North and Schmidt Lake Road. Vote. 5 Ayes. MOTION approved. C. JASON AND LORI HAHN (2004030) Acting Chair Weir introduced the request by Jason and Lori Hahn for a variance to allow a detached garage in the front yard for property located at 15325 9th Avenue North. MOTION by Commissioner Anderson, seconded by Commissioner Griffith, to approve the request by Jason and Lori Hahn for a variance to allow a detached garage in the front yard for property located at 15325 9th Avenue North. Vote. 5 Ayes. MOTION approved. D. INSPEC, INC. (2004049) Acting Chair Weir introduced the request by Inspec, Inc. for a site plan amendment to modify the existing parking lot and driveways at Central Middle School for property located at 305 Vicksburg Lane North. MOTION by Commissioner Anderson, seconded by Commissioner Griffith, to approve the request by Inspec, Inc. for a site plan amendment to modify the existing parking lot and driveways at Central Middle School for property located at 305 Vicksburg Lane North. Vote. 5 Ayes. MOTION approved. E. CITY OF PLYMOUTH (2004072) Acting Chair Weir introduced the request by the City of Plymouth for a site plan amendment for a warming house/storage building at Ridgemount Playfield located at 12000 Ridgemount Avenue North. MOTION by Commissioner Anderson, seconded by Commissioner Griffith, to approve the request by the City of Plymouth for a site plan amendment for a warming house/storage building at Ridgemount Playfield located at 12000 Ridgemount Avenue North. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. TOP NOTCH EQUIPMENT (2004047) Acting Chair Weir introduced the request by Top Notch Equipment for a conditional use permit to allow sales and rental of skid -loaders in the I-2 (General Industrial) district for property located at 5505 State Highway 169 North. Approved Planning Commission Minutes July 7, 2004 Page 3 Planner Bowers gave an overview of the June 29, 2004 staff report. Commissioner Holmes asked if the ordinance regarding sales of equipment differentiates between new versus used equipment. Planner Bowers responded there is no difference between whether the equipment is new or used under a conditional use permit. Acting Chair Weir opened and closed the public hearing as there was no one present to speak on this item. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by Top Notch Equipment for a conditional use permit to allow sales and rental of skid -loaders in the I-2 (General Industrial) district for property located at 5505 State Highway 169 North. Roll Call Vote. 5 Ayes. MOTION approved. B. MOHAGEN/HANSEN ARCHITECTURAL GROUP (2004051) Acting Chair Weir introduced the request by Mohagen/Hansen Architectural Group for a rezoning, preliminary plat, site plan, conditional use permits, and variances for "Plymouth Office Plaza" to allow construction of three town office buildings for property located south of Old Rockford Road and west of Peony Lane. Senior Planner Drill gave an overview of the June 29, 2004 staff report. Commissioner Wilson asked how other potential uses would affect homeowners across the street, such as a Commercial instead of a Business Campus zoning. Senior Planner Drill said the current zoning is FRD, which is a holding zone. The site is guided for office use, and office use is what is being proposed. The site was guided for commercial use until 2001, when a study of the area was completed. Commissioner Griffith asked how long this property has been guided Commercial. Director Hurlburt said this property has been guided Commercial for at least ten years. Acting Chair Weir introduced the applicant, Todd Mohagen, representing the developer. Mr. Mohagen said he concurred with the conditions in the staff report. Acting Chair Weir opened the public hearing. Approved Planning Commission Minutes July 7, 2004 Page 4 Acting Chair Weir introduced Joyce Martin, 10801 Lawrence Avenue NW, Annandale, MN. Ms. Martin said she and her husband purchased this property in 1961 for their retirement, but the guiding changed from commercial to commercial office. Ms. Martin the applicant has done a good job going along with City requirements. Ms. Martin said she feels the proposal should go forth. Acting Chair Weir introduced Ann Harless, 18120 45th Avenue N. Ms. Harless said she lives across the street from the proposed development. Ms. Harless said she and many of the neighbors were not aware the property would be commercial as Lundgren Brothers did not inform them of this when they built their homes. Ms. Harless said there is absolutely no buffering, except for Rockford Road which will get busier with the development. She asked what would be done from a traffic perspective as the property develops. Ms. Harless asked for more berming and plantings between these two pieces of property. Ms. Harless said there would be $4.8 million in tax -assessed homes that would be looking at this proposed commercial development. As many of the neighbors are on vacation because of the holiday, Ms. Harless requested that the Planning Commission delay making any judgment until the rest of the neighbors on 45th Avenue can review the proposal. Acting Chair Weir introduced Susan Krelitz, 18050 45th Avenue N. Ms. Krelitz stated she concurred with Ms. Harless' comments and pointed out there are approximately 20 children in the 13 homes on 45th Avenue. Ms. Krelitz said she is very concerned about traffic patterns, lighting, signage and the quality of life. Ms. Krelitz questioned if there are restrictions regarding tenants because of the number of kids in the neighborhood. Acting Chair Weir introduced Joe Rupar, 18140 Highway 55. Mr. Rupar said he lives in the residential area on Highway 55. He said the sewer and water was to have been completed 6 weeks ago and still is not done. Mr. Rupar asked how this development would affect him as a property owner of 32 years. He said there has never been a traffic problem and said he feels it is the safest area you can live in. Mr. Rupar said he used to look across Co. Rd. 9 (Old Rockford Road) and see deer and he didn't complain to the City Council when the Plum Tree development was proposed. Mr. Rupar said he feels this is a wasted space right now as it sits empty. Acting Chair Weir introduced Pravin Rangnekar, 18130 45th Avenue N. Mr. Rangnekar said he lives across from the proposed development and is concerned about traffic, especially student traffic in the morning as his daughter crosses the road to catch the bus. Mr. Rangnekar asked if there would be a 4 -way stop. He asked if there would be a berm to block the signage and inquired about the covenants of this property in terms of tenants and allowable signage. Acting Chair Weir closed the public hearing. City Engineer Quanbeck said that the contractor performing the sewer and water project went bankrupt and another contractor had to finish the project. City Engineer Quanbeck said the lines are in service to the west and the remaining issue is restoration. Approved Planning Commission Minutes July 7, 2004 Page 5 Senior Planner Drill said the access for this development would be from Old Rockford Road. Senior Planner Drill said the entrance to the site would line up with 45th Avenue on the north side and the stub street would serve the area to the south in the future. Director Hurlburt asked if a 4 -way stop would be needed. City Engineer Quanbeck responded that if there is not sufficient side street traffic, people will ignore 4 -way stops. He said it is extremely unlikely this intersection would warrant a 4 -way stop based on cross street traffic. Commissioner Anderson asked if speed bumps would be an option. City Engineer Quanbeck said speed bumps are not used on streets. He said speed humps tend to be noisy as cars accelerate or brake and there are very limited applications. He explained they are designed for local streets with speeds of 25 to 30 mph. and the level of traffic on this street would not allow for speed humps. Senior Planner Drill added the City would require a right turn lane into the proposed development for east bound traffic on Old Rockford Road. Director Hurlburt asked about buffering and landscaping for the parking area. Senior Planner Drill said there would be trees planted on the northern side of the project, and the applicant would be required to plant a 21/2 - 3 -foot hedge row around the perimeter of the parking lot to help screen it. Director Hurlburt noted that before the City approved the Lundgren project, that land was guided industrial. She said the land south of the railroad, including the Plum Tree and Wyndemere Farm developments, was rezoned to residential and the City was concerned at that time about how such residential developments could affect future development of this commercial property. Director Hurlburt said one of the reasons the current berm with plantings was installed on the north side was to provide screening, so as to not put the burden on the commercial property developer when this area developed. Planning Manager Senness added that Old Rockford Road, which is a major collector road, provides good transition and separation in accordance with the Comprehensive Plan. Senior Planner Drill said this application required two notices, the first of which was sent June 1 Ot1i and the second of which was sent out ten days prior to the public hearing. Director Hurlburt asked about illumination and signage. Mr. Mohagen said the tenants would be small business owners such as architects, financial, or insurance service -based professional tenants with hours generally of 8 a.m. to 5 p.m. He said the Approved Planning Commission Minutes July 7, 2004 Page 6 signage would not be large as it not retail, and would be backlit or lit from the ground. Mr. Mohagen said there may be lights on at night for security. Mr. Rangnekar said he lives in the second house from Old Rockford Road, on 45th Avenue. He said there is no berm in front of his house and he wants a berm on the south side of Old Rockford Road with trees on top of it. Commissioner Griffith said with due respect to the neighborhood concerns, this property was guided commercial before the Plum Tree development occurred. Commissioner Griffith said the general office zoning is a gentle buffer, and he is in favor of the proposal. Commissioner Wilson concurred with Commissioner Griffith and said the burden is on the homeowner to ask what a neighboring vacant property is zoned before purchasing, and is in agreement with the proposal. Commissioner Anderson said she agreed with Commissioner Wilson and Commissioner Griffith. Commissioner Anderson said the developer has done a good job to buffer the development from homeowners providing a division between the two. Commissioner Holmes said he is in favor of the project, but asked that the developer plan the signage carefully as backlit signs can be an irritant if wattage is too high. Commissioner Holmes suggested looking at an alternative that might be more attractive than backlit signs. MOTION by Commissioner Griffith, seconded by Commissioner Holmes, to approve the request by Mohagen/Hansen Architectural Group for a rezoning, preliminary plat, site plan, conditional use permits, and variances for "Plymouth Office Plaza" to allow construction of three town office buildings for property located south of Old Rockford Road and west of Peony Lane. Roll Call Vote. 5 Ayes. MOTION approved. C. VOICESTREAM MINNEAPOLIS, INC. d/b/a T -MOBILE (2004053) Acting Chair Weir introduced the request by VoiceStream Minneapolis, Inc. d/b/a T -Mobile for a conditional use permit to allow a monopole antenna tower and related ground equipment in the Forestview Lane right-of-way located south of Highway 55. Senior Planner Drill gave an overview of the June 29, 2004 staff report. Commissioner Holmes asked if there were any changes in this proposal from the Qwest proposal. Senior Planner Drill responded that the Fourth Baptist Church had a safety concern because their playground is nearby, and T -Mobile proposes a 6 -foot fence around the monopole and equipment that was not included in the Qwest application. Approved Planning Commission Minutes July 7, 2004 Page 7 Acting Chair Weir opened the public hearing and closed the public hearing as there was no one to speak on the item. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by VoiceStream Minneapolis, Inc. d/b/a T -Mobile for a conditional use permit to allow a monopole antenna tower and related ground equipment in the Forestview Lane right-of-way located south of Highway 55. Roll Call Vote. 5 Ayes. MOTION approved. D. CITY OF PLYMOUTH (2004055) Acting Chair Weir introduced the request by the City of Plymouth for a zoning ordinance text amendment to clarify the regulations for two-family, townhouse, manor home, and multiple family uses. Senior Planner Drill gave an overview of the June 29, 2004 staff report. Commissioner Anderson asked for clarification on when a Conditional Use Permit would be required. Director Hurlburt said that with the Ferndale Estates project someone thought a Conditional Use Permit to build on any unit lot was required. It was interpreted that the base lot included all the unit lots and therefore, our process was flawed. Director Hurlburt said that the City never required a Conditional Use Permit in this situation, and added this language has been in the ordinance since 1996. Director Hurlburt said the attorney recommended clarifying the language for situations where a base lot and unit lots are being created, and adding the total size to see if it meets the Zoning Ordinance. The attorney said the current language is subject to misinterpretation and should be clarified to interpret in favor of the landowner. Commissioner Anderson said she is still uncomfortable with deleting the first sentence. Director Hurlburt said it is important to delete the first sentence because if we don't allow more than one structure with a base lot that includes unit lots, you could never have a townhome development with unit lots. Director Hurlburt also stated we address the need for a Conditional Use Permit with multiple dwellings on the same lot elsewhere in the ordinance. Senior Planner Drill added all plats and site plans would still be reviewed. Acting Chair Weir opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by the City of Plymouth for a zoning ordinance text amendment to clarify the regulations for two- Approved Planning Commission Minutes July 7, 2004 Page 8 family, townhouse, manor home, and multiple family uses. Roll Call Vote. 5 Ayes. MOTION approved. E. ENDODONTIC PROFESSIONAL ASSOCIATES, P.A. (2004063) Acting Chair Weir introduced the request by Endodontic Professional Associates, P.A. for a zoning ordinance text amendment to allow medical, dental, and chiropractic offices and clinics in the C-3 (Highway Commercial) zoning district. Planner Bowers gave an overview of the June 29, 2004 staff report. Acting Chair Weir introduced Mark Jensen, 3401 Highway 169. Mr. Jensen said he is one of the owners of Endodontic Professional Associates, P.A. Acting Chair Weir opened and closed the public hearing as there was no one present to speak. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request by Endodontic Professional Associates, P.A. for a zoning ordinance text amendment to allow medical, dental, and chiropractic offices and clinics in the C-3 (Highway Commercial) zoning district. Roll Call Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS A. BOYER PALMER (2004054) Acting Chair Weir introduced the request by Boyer Palmer for a variance to lot width to allow a minor subdivision to create two lots on property located at 5780 Oakview Lane North. Senior Planner Darling gave an overview of the June 29, 2004 staff report. Acting Chair Weir introduced the applicant, Boyer Palmer, 5780 Oakview Lane North. Mr. Palmer said 40 years ago he bought 9 acres on Bass Lake, built a dream house and developed nine lots into a beautiful addition on the lake. He said he built a 70 -unit housing unit north of Bass Lake and an office warehouse building. Mr. Palmer said he helped formed the Bass Lake Improvement Association, which now has 125 families, and maintains Bass Lake without help from city, county or state. Mr. Palmer said he and his wife are reaching the twilight of their years and have a large house. Mr. Palmer said that 15 years ago he was diagnosed with macular degeneration and his wife has problems maneuvering stairs and they need a variance to build a one -floor house on the lot next door that would be beneficial to them. Mr. Palmer stated they have been loyal members of Plymouth for 40 years and have received the Golden Award every year since its inception. Mr. Palmer said their family has made contributions to Music in Plymouth, the Millennium Garden and asked that the Commission be gracious to see this Approved Planning Commission Minutes July 7, 2004 Page 9 insignificant change they are requesting and appreciate the effort the Palmers have put forth for the last 40 years. Acting Chair Weir opened the public hearing. Acting Chair Weir introduced Brenda Chadwick, 5720 Oakview Lane. Ms. Chadwick said she has been a member of the Bass Lake Association for 12 years and has also contributed greatly to the city. Ms. Chadwick said she is concerned that a flat slab, 2,000 square -foot house would not conform to the neighborhood and would take away value of neighboring houses. Ms. Chadwick said the lot has been flooded at least 3 times in 12 years. Ms. Chadwick said the neighbors at 5710 Oakview Lane are opposed to this development. She said neighbors have deeded access through this lot and if this access is taken away, their property values will decrease. Acting Chair Weir introduced Don Petros, 5781 Oakview Lane. Mr. Petros said he is saddened that they lost some of the nature in the area when Mr. Palmer's pond on the right side of his lot was filled and built on. When he bought his lot he was told that lot was not buildable. He said it would be a shame to lose more wetlands and knows that God will not make any more. Mr. Petros stated that he could not build on his lot unless it conformed to the neighborhood, and that contingency was held by Boyer Palmer. Mr. Petros said what is good for the goose is good for the gander, and questioned if the proposed slab house would conform to the neighborhood and the opportunity to save a wetland. Acting Chair Weir introduced Henry Nelson, a surveyor with McCombs, Frank and Roos, who said he prepared the maps for the proposal. Mr. Nelson said walking up steps is a hardship for the Palmers. Mr. Nelson said the proposal meets the setback requirements. He said this is a huge lot and with the lay of the land, the house, and driveway, this would be a logical place to put the house. Mr. Nelson said he was unsure of where the wetland is and there would be no impact on a wetland. Acting Chair Weir introduced James Prom, 12422 54th Avenue N. Mr. Prom said he is a building his 5,000 square foot dream house directly adjacent to the proposal. He said the house that was moved off the foundation was approximately the same size as the one proposed. Mr. Prom displayed a photo of the Palmer's current chateau -styled home and said if you are going to spend $1.2 million, you aren't going to want to share a driveway. Mr. Prom said his home will be valued close to $1 million and this proposed very small home next door would devalue both their properties. Mr. Prom added he appreciates Mr. Palmer but suggested the option of another home or building a chair for riding stairs. Mr. Prom said he has discussed with Boyer his involvement in a Canadian goose program with the U of M. He said there are 12 — 20 pairs of geese and 60 —100 goslings flooding the entire area. He said the birds are fed by hand, and the U of M takes them when they molt. Mr. Prom said there are lots of goose issues and if Boyer moved to the smaller property, wonders where will the geese go. Mr. Prom concluded that he likes Boyer very much and is personally bothered to state his objections, however, he plans to live there 20 - 30 years. Approved Planning Commission Minutes July 7, 2004 Page 10 Acting Chair Weir introduced Jim Peterson, 5711 Oakview Lane. Mr. Peterson said he has deeded access on the south and does not want fencing or landscaping there as he fishes and transports snowmobiles across the 10 -foot easement. He said there was a 35 -foot setback when he built and asked if the proposed house would have a 35 -foot setback as he did when he built in Palmers Cove. Acting Chair Weir introduced Jason Reynolds, 12535 58th Avenue N. Mr. Reynolds said the Palmers have been very good stewards of Bass Lake for many years and supports the proposal and Palmers. Acting Chair Weir introduced Rick Oligmueller, 5700 Oakview Lane N. Mr. Oligmueller reiterated the concerns of other neighbors including the desire to have the proposed house to be consistent with the look of the neighborhood, as it would affect property values for people right on the lake. Mr. Oligmueller expressed concerned about the recreational easement which provides access for fishing, walking and overseeing what happens with the wildlife on the lake. Mr. Oligmueller said he prefers that the proposed house would be denied. Acting Chair Weir closed the public hearing. Director Hurlburt asked for clarification on setbacks. Senior Planner Darling said the setback from the public right-of-way is currently 25 feet and a 50 -foot setback is required between the home and ordinary high water level. Senior Planner Darling said the proposal shows that a house could be built that would meet both of those setbacks as well as meet impervious surface coverage regulations and building coverage regulations. Senior Planner Darling said this is a private deeded access, but there is nothing in this application that would take that private deeded access away. Commissioner Wilson asked about flooding and wetland. City Engineer Quanbeck said he is not familiar with the lot to know if there is a wetland on it, but noted the engineer for the application does not believe there is a wetland. City Engineer Quanbeck said the house would be required to be built 2 feet about the 100 year flood elevation. Commissioner Griffith said he always adheres to variance standards and said he feels staff has done a good job. MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to deny the request by Boyer Palmer for a variance to lot width to allow a minor subdivision to create two lots on property located at 5780 Oakview Lane North. Approved Planning Commission Minutes July 7, 2004 Page 11 Commissioner Holmes said his approach is that when the proposal doesn't conform to guidelines at hand, especially when the lot was originally developed by the person now asking for change, he cannot support the request. Roll Call Vote. 5 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Commissioner Griffith, seconded by Commissioner Anderson, to adjourn the meeting. The meeting adjourned at 8:39 p.m.