HomeMy WebLinkAboutPlanning Commission Minutes 08-03-2005Approved Minutes
City of Plymouth
Planning Commission Meeting
August 3, 2005
MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, Sarah
Anderson, E.J. Clyman, Kathleen Murdock and James Holmes
MEMBERS ABSENT: Commissioner Nancy Franke -Wilson
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Manager Barbara Senness, Planner Joshua Doty, Associate Planner Kip Berglund,
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 Weir, seconded by Commissioner Anderson, to approve the
August 3, 2005 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE JULY 20, 2005, PLANNING COMMISSION
MINUTES
MOTION by Commissioner Weir, seconded by Commissioner Anderson, to approve the
July 20, 2005 Planning Commission minutes. Vote. 5 Ayes. MOTION approved. Chair
Larson abstained from voting.
B. CITY OF PLYMOUTH
MOTION by Commissioner Weir, seconded by Commissioner Anderson, to approve the
request by the City of Plymouth for a site plan amendment to install a parking lot at
Greenfield Playfield located at 18005 Medina Road. Vote. 6 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. ACACIA REAL ESTATE PARTNERS, LLC (2005066)
Chair Larson introduced the request by Acacia Real Estate Partners, LLC. for rezoning, site
plan, conditional use permit, and variances to allow an office/retail building and an auto-
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service building for two properties located at the southwest corner of Old Rockford Road
and Peony Lane.
Planner Doty gave an overview of the July 26, 2005 staff report. Planner Doty noted an e-
mail had been received asking that neon signage not be allowed on the north side of the
north building. Planner Doty said the applicant is not aware of this request yet.
Chair Larson asked where neon signs would be placed, and if there is residential
development on the north side of Old Rockford Road.
Planner Doty said there are residential properties on the north side of Old Rockford Road,
and the neon signage issue addressed the north retail office building. He said signage
would be reviewed when sign permits are received.
Chair Larson asked about the setback variance along Rockford Road.
Planner Doty said the C-1 zoning district requires a 75 -foot setback from the north property
line and a 35 -foot setback from the east property line. He said the C-3 property requires a
50 -foot setback from the east property line and 14 feet is being requested.
Director Hurlburt asked if the site would be buildable without some variance.
Planner Doty responded that it would be very difficult.
Commissioner Anderson asked for a description of the elevations between the proposed
site compared to the berm on the home sites on the north side of Old Rockford Road. She
said hopefully the berm will offset some of the neighborhood lighting concerns.
Planner Doty said there is an existing berm placed as part of the residential development.
He noted there is a swale in the berm which could allow some light trespass. He said the
proposed building would be 30 feet tall.
Commissioner Anderson asked how much taller the building would be than the berm.
City Engineer Quanbeck added the berm is probably 3-4 feet in height. He said the first
floor elevation is 1012 which would make the elevation of the berm roughly 1015 or 1016.
As the building is 30 feet in height, it would be significantly higher.
Commissioner Clyman said he is concerned about accessibility of emergency vehicles. He
asked if such vehicles could cross over the proposed median on Old Rockford Road, if
necessary.
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Planner Doty said there is another access possibility on Old Rockford Road off of State
Hwy. 55. He added the median would be constructed when Old Rockford Road is
expanded, and the project is not included in the current Capital Improvements Program.
City Engineer Quanbeck said when intersection improvements are made, the review would
be made to determine how to accommodate the need for emergency vehicle access.
Commissioner Holmes asked why there is no access from Peony Lane and what the
rationale was for the "right in, right out" access at Old Rockford Road.
Planner Doty said that no access would be allowed to Peony Lane because of the proximity
to the intersection, and because Peony Lane is an arterial roadway. He added Old Rockford
Road and Peony Lane are very different roadways which is why access is not allowed to
Peony Lane.
Commissioner Clyman said he is concerned about the area being pedestrian friendly and
asked if there would be walk signals at Old Rockford Road and Peony Lane. He asked if
the trail would continue to the west as the office development gets built up.
Planner Doty said the existing trail east of the intersection currently crosses the intersection
to connect with the trail along Peony Lane that goes to the high school. He said the
Comprehensive Plan states the trail would be on the north side of Old Rockford Road and
it is the City's desire to have a trail on both sides of Old Rockford Road.
Chair Larson introduced the applicant, Kathy Anderson, President of Architectural
Consortium. Ms. Anderson said the proposal is a very appropriate development for this
site. Ms. Anderson said the auto service business, Aamco, is an owner operated
transmission service which would have low parking needs and would not have the noise
and lube associated with auto service businesses. She said the goal is to service 10 cars per
week and the business would be clean and would recycle transmission fluid. She said
Acacia is negotiating for a swim school for one retail use; Acacia would have their own
business in the building which is appropriate for an owner -operator. Ms. Anderson said
she feels the area would be pedestrian friendly. She said the variances are requested to
keep the parking in the center, shielded by the buildings. Ms. Anderson concurred with the
neon light restriction and said the required lights for the emergency exits would be shielded
and aimed downward. Ms. Anderson displayed drawings of the proposed one and two-
story buildings with stucco, cornices and two-tone masonry detailing the four-sided
architecture. Ms. Anderson said that in a neighborhood meeting there was a request to not
sell liquor. Ms. Anderson said Acacia agrees with that request and is committed to not sell
liquor.
Commissioner Anderson asked if the current grading for the building is lower than Peony
Lane.
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Chair Larson introduced Craig Moss, Vanguard Construction, Inc. Mr. Moss said the site
grading will slope to catch storm water. He said the grade will raise because of the existing
steep grade but said it would not raise more than a foot or two.
Ms. Anderson said she agrees with the terms in the resolution.
Chair Larson opened the public hearing.
Chair Larson introduced Sudz Ramarao, 18015 45th Avenue N. Mr. Ramarao asked where
the trash bins would be located and asked about the oil, etc. from the auto shop.
Chair Larson Sham Kashyap, 18010 45th Avenue N. Mr. Kashyap said that he will view
the site clearly from his house and said the proposed development is good and better than
the green shack there now. He said the builders are trying to do everything in their power
to work with the neighborhood. He said he is concerned about the setback requirement of
75 feet and it is now 14 feet, which would impact him. Mr. Kashyap said the north
building will shelter the parking lot, but from his view — especially from his second story —
maybe a parking lot would be better. Mr. Kashyap said the berm placed by Lundgren for
Plum Tree is not very high and suggested that City Planners setting up potential business
sites should do a better job requiring better berms. Mr. Kashyap said the neighborhood did
request that Acacia place trees on the north side of Old Rockford Road but he was told this
could not be done. Mr. Kashyap wanted to ensure there would be enough trees to provide
the shelter the neighborhood deserves.
Chair Larson introduced Blake Boston, 18020 45th Avenue N. Mr. Boston said he is
overall not opposed to the development and it could be good for the area. Mr. Boston said
he is concerned about potentially high pedestrian traffic. He said there are many children
in the neighborhood and there will be an increase in traffic. For safety reasons he would
like to see the trail completed sooner. Mr. Boston echoed Mr. Kashyap's concern about the
variances and said the 14 -foot setback doesn't allow space for the developer to put in
landscaping and berms.
Chair Larson closed the public hearing.
Chair Larson stated the berm on the north side of Old Rockford Road has nothing to do
with this issue as that was part of the Lundgren development.
Director Hurlburt added that as a matter of principle, the City cannot require them to make
improvements on someone else's land as a condition to develop their own.
Ms. Anderson said in neighborhood discussions Acacia did offer to work with the
neighborhood regarding putting some buffering on their side and concurred that screening
is going to function better on the neighborhood side. Ms. Anderson said that all trash will
be incorporated internally to both buildings.
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Director Hurlburt asked if there would be any burning of products on site.
Ms. Anderson introduced the Aamco owner, Roger Strom, 4705 Merrimac Lane N., who
explained that the fuel would be used in an EPA -approved transmission fluid burning
furnace. He stated this fuel burns as clean as kerosene. Mr. Strom said the fluid that is not
used as a heating source in the winter months would be stored inside the building in tanks,
and would be picked up by recyclers. He added there is a shortage and recyclers are always
looking for this product.
Director Hurlburt said generally the City looks at which trails will be installed, based on
recommendations by the Park and Recreation Commission. She said typically the trail
would be done when Old Rockford Road is rebuilt, rather than rebuild the trail when the
road is done. Director Hurlburt suggested contacting the Park and Recreation Department
to discuss which trails will be built in the coming year.
Director Hurlburt referenced the building setback issue and said the biggest impact from a
commercial development is from traffic activity, such as car doors and headlights. In this
case, the requested setback may allow the building to be closer to the neighborhood, but
that outcome is better for the residents as the parking is further from residents. Director
Hurlburt added that the nature of the proposed businesses is one more of a "destination
use" and is compatible with not being in a high visibility orientation. She said the
difficulty in utilizing this site lead to this result.
Commissioner Clyman asked if there are hours of operation limitations in a C-1 zoning
district.
Director Hurlburt said we can set hours of operation for uses that require a conditional use
permit. Planner Doty said the 8 a.m. — 5 p.m. hours for the auto service business are not
stated as part of the formal application.
Mr. Strom said the 8-5 hours Monday — Friday are set for meeting with the public. He said
Saturdays are half days and are used for drop off or pickup of vehicles. Mr. Strom said
certain times of year, such as snow storms or summer heat, generate more business and he
would not want to be totally restricted on the hours of operation. Their desire is to
maintain 8-5 hours, but would like some flexibility and Mr. Strom added that the
equipment being used is mostly hand tools and small air tools.
Director Hurlburt asked what the earliest time would be that the business would open.
Mr. Strom said he would be in around 7:00 a.m. and would let a mechanic start at 7:00 a.m.
and work until 6:00 or 7:00 p.m. at the latest. Mr. Strom said they would strive for 8-5
hours but 7-7 would be very acceptable.
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Commissioner Clyman asked if the hours of operation limitation stay with the property if
the current owner vacates this premise.
Director Hurlburt answered affirmatively and said the conditional use permit runs with the
land, not the owner.
MOTION by Commissioner Weir, seconded by Commissioner Anderson, to approve the
request by Acacia Real Estate Partners, LLC. for rezoning, site plan, conditional use
permit, and variances except for the north parking setback variance to allow an office/retail
building and an auto -service building for two properties located at the southwest corner of
Old Rockford Road and Peony Lane.
MOTION to amend by Commissioner Clyman, seconded by Commissioner Holmes to
establish the hours of operation for the C-3 automotive building as it relates to the
Conditional Use Permit from 7 a.m. to 7 p.m. on weekdays and 7 a.m. to 1 p.m. on
Saturdays.
Ms. Anderson said there are those days, such as snow days, which are critical to the
livelihood of the business and may require different hours of operation. She said this is of
concern to the owner of Aamco.
Planning Manager Senness said for a comparison to a gas station, the Zoning Ordinance
states hours of operation for Commercial zoning districts are 6 a.m. to 11 p.m., 7 days a
week unless the City approves longer hours.
Commissioner Murdock said she is inclined to leave the hours alone. She said she did not
hear neighborhood comments about hours.
Commissioner Anderson concurred with Commissioner Murdock.
Vote on MOTION to amend hours of limitation 5 Nay. Commissioner Clyman voted in
favor. MOTION to amend failed.
MOTION to amend by Chair Larson, seconded by Commissioner Murdock, restricting
neon signs on the north side of both buildings.
Commissioner Anderson said she agreed with the amendment for no neon signs on the
north side of the office retail building, but not on the transmission service building.
Commissioner Weir agreed with Commissioner Anderson and said the neon lighting
limitation should be for the north side of the retail building.
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MOTION to amend the amendment by Chair Larson, seconded by Commissioner
Murdock, to restrict neon signs on the north side of the north building in the C-1 district.
Vote. 5 ayes. Holmes nay.
Commissioner Holmes said he does not want to limit lighting, but wants to protect
neighborhood for future uses that may occur.
Roll call vote on MAIN MOTION. 6 Ayes. MOTION approved unanimously.
B. QUANTUM DEVELOPMENT (2005077)
Chair Larson introduced the request by Quantum Development for a conditional use permit
amendment to modify existing conditions of approval for property located at 12325 State
Highway 55.
Associate Planner Noelting gave an overview of the July 26, 2005 staff report.
Chair Larson introduced the applicant Clint Carlson, representing Quantum Development.
Mr. Carlson said he believes this request would be positive to the site and the community.
Mr. Carlson said historically this is the third school at this site. He said this request is to
clean up some language in the conditional use permit as there was more number's control
in the original conditional use permit. Mr. Carlson said the school, which has lower class
sizes and touts language as key building block, is being well received.
Chair Larson opened the public hearing.
Chair Larson introduced Robert Zarriello, 3210 Walnut Grove Lane. Mr. Zarriello said he
and his wife are in support of Quantum Development and their request. He said he is a
school board member with Beacon Academy. He said he and his wife both feel
excitement, energy and fun in this school and have two children attending there.
Chair Larson introduced Mary Anne Young, 145 Peninsula Rd. Ms. Young said she is
chairman of the board of Beacon Academy, which is a public, charter school. She said
Beacon Academy has a private school feel at a public school price with dedicated
volunteers and a fabulous environment.
Chair Larson asked as a charter school if Beacon is responsible to the Wayzata School
District.
Ms. Young said the school is responsible to the State and is bound by the open meeting
law, posting of minutes and schedules, etc.
Chair Larson asked for clarification on the number of students.
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Ms. Young said Beacon Academy is the largest renter in the building and expects 180
students this fall. She said there was a large daycare which has now moved out. Ms.
Young said the Montessori School has 15-16 students and there is a Spanish immersion
preschool. She said Beacon will have 8 classrooms this year. All tenants share common
hallways, gym, and bathrooms.
Commissioner Weir asked if Beacon is a private school and what is their funding source.
Ms. Young clarified that it might seem private and uniforms are required, but it is a public
charter school and they do not charge tuition and do not charge for busing. Ms. Young said
there is State aid for charter schools and grants are available for start up. She said they
have qualified for a Federal grant and one private grant. Ms. Young explained that "start
up" years are the planning year and first and second years of operation.
Chair Larson introduced Mark Tomczyk, 12235 State Hwy. 55. Mr. Tomczyk said he has
been a neighbor to the east of the Beacon Academy facility for 25 years. He said the
school and Quantum Development have been a good neighbor and he has no complaints as
long as they encourage the use of busing and carpooling to limit the amount of traffic,
which should be less without the daycare.
Chair Larson closed the public hearing.
Commissioner Murdock asked for clarification on the total enrollment in the building. She
asked why it is necessary to change the numbers in the conditional use permit if they are
just changing the mix of daycare and elementary students. She asked if the whole building
could be K-12 with no daycare.
Associate Planner Noelting said there are three parking standards — one for daycare, one for
elementary school and one for high school. He said daycare facilities require the most
parking and K-9 parking requirements are based upon the number of classrooms.
Director Hurlburt added that if there were no restrictions on parking space for the site, the
flexibility for changing numbers could be there, but the City needs to have some kind of
control unless they expand the parking lot.
MOTION by Commissioner Weir, seconded by Commissioner Clyman, to approve the
request by Quantum Development for a conditional use permit amendment to modify
existing conditions of approval for property located at 12325 State Highway 55. Roll Call
Vote. 6 Ayes. MOTION approved.
C. VICTORIOUS LIFE CHURCH (2005088)
Chair Larson introduced the request by Victorious Life Church for a conditional use permit
to allow a day care center at 100 Nathan Lane North.
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Associate Planner Berglund gave an overview of the July 26, 2005 staff report.
Commissioner Weir asked if there is currently a daycare at this site as he observed children
playing at the playground.
Associate Planner Berglund said there is an existing outdoor play area, which is scheduled
to remain.
Director Hurlburt said that Commissioner Weir may have observed some of the daycare
operation already as the daycare had to leave their current facility and had no where to go.
She added that if the daycare is there already they did it at their own risk.
Chair Larson introduced the director for the Family Child Development Center, Deborah
Loon. Ms. Loon stated she would like a correction in the narrative letter to the City. She
indicated that the age range for the infants should be 6 weeks to 18 months as opposed to
16 — 18 months as stated in the applicant's narrative.
Chair Larson opened and closed the public hearing as there was no one present to speak.
MOTION by Commissioner Weir, seconded by Commissioner Murdock, to approve the
request by Victorious Life Church for a conditional use permit to allow a day care center at
100 Nathan Lane North. Roll Call Vote. 6 Ayes. MOTION approved.
7. NEW BUSINESS
8. ADJOURNMENT
MOTION by Chair Larson without objection to adjourn the meeting at 9:25 p.m.