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HomeMy WebLinkAboutPlanning Commission Minutes 11-03-2004Approved Minutes City of Plymouth Planning Commission Meeting November 3, 2004 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, James Holmes, Melissa Musliner, Kendall Griffith, and Nancy Franke -Wilson MEMBERS ABSENT: Commissioner Sarah Anderson STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Marie Darling, Planner Joshua Doty, City Engineer Ron Quanbeck, Public Services Manager Pat Qvale, 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 Chair Larson stated item 5B under the consent agenda would be placed under New Business as item 7A. MOTION by Commissioner Weir, seconded by Commissioner Griffith, recommending approval of the amended November 3, 2004 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE OCTOBER 20, 2004, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Griffith, recommending approval of the October 20, 2004 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. B. City of Plymouth (2004130) This item was moved to New Business, Item 7A. Approved Planning Commission Minutes November 3, 2004 Page 2 C. CITY OF PLYMOUTH — TAX INCREMENT FINANCING MOTION by Commissioner Weir, seconded by Commissioner Griffith, recommending approval of the resolution finding that the Plymouth Housing and Redevelopment Authority's Plan and Tax Increment Financing Plan for Redevelopment District 1-1 is in conformance with the general plan for the development of the City of Plymouth as a whole. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2004046) Chair Larson introduced the request by the City of Plymouth for a Zoning Ordinance text amendment related to the regulation of exterior lighting, including internally illuminated signs. Planning Manager Barb Senness gave an overview of the October 25, 2004 staff report. Commissioner Musliner asked if the new regulations would affect properties with existing lighting. Planning Manager Senness said only if the owner replaced more than 50% of the existing fixtures. Commissioner Musliner asked how complaints would be handled. Planning Manager Senness said it would be addressed as a nuisance complaint. Commissioner Holmes asked what the City's role would be for enforcement of the lighting regulations. Planning Manager Senness said staff is working on an arrangement with the State Electrical Inspector in which he will notify the City when he receives a permit request. The City can then be involved and inspect the fixtures for compliance. Secondly, she said the City would require a signed as -built plan stating that what has been installed for lighting is what was approved on the plan. She said if it is not consistent with the approved plan, the City can go back and take enforcement measures. Commissioner Holmes asked how the lighting curfew would be enforced. Planning Manager Senness said the enforcement of the curfew regulations would be addressed on a complaint basis. 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 Zoning Ordinance text amendment to Sections 21005.02, 21045, 21105.06, 21155.02, 21455.07, and 21475.17 in regards to exterior lighting. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes November 3, 2004 Page 3 B. TRADEWIND CONCEPTS, INC. (2004078) Chair Larson introduced the request by Tradewind Concepts, Inc. for rezoning, preliminary plat, and variance for a single-family development to be called "Sleepy Hollow Woods" for property located at 18555 -13th Avenue North. Senior Planner Darling gave an overview of the October 26, 2004 staff report. She said she had spoken with a neighbor who expressed concern that some trees were not included on the tree inventory. She said she would be doing a site inspection to verify whether or not the tree inventory is correct. Senior Planner Darling said she had received a letter raising concerns about the lot that would have three frontages. Senior Planner Darling said lots with two or three frontages are not unique to this development. She said there were several sites in Plymouth that had lots with multiple frontages. Commissioner Wilson asked what the history of the property was. She also asked what the alternative for this parcel was if the rezoning is not approved. Senior Planner Darling said there are a few properties still zoned FRD, and either there has never been a request for development, or the property could be located outside the MUSA line where they are not eligible for City sewer and water. She said these parcels may contain one home and they are frequently on well and septic systems rather than City sewer and water. Senior Planner Darling said there is no potential for subdivision if it is not rezoned. Commissioner Wilson asked how the existing house came to be. Senior Planner Darling said the surrounding area was developed but this property was left in a holding zone until there was an application for redevelopment. Director Hurlburt said there have been some recent similar subdivisions in the area. She said in this case, the surrounding properties developed first leaving this one in a holding zone. She said the minimum lot size in the FRD zoning district is 20 acres, so in order to develop on parcels under 20 acres you have to rezone it to fall within the guidelines. Chair Larson asked if there is a proposal to connect 13th' Avenue and Walnut Grove Lane. Senior Planner Darling said there is no proposal at this time. Director Hurlburt said if the owner to the west subdivided their property then it would be connected and that is why the streets are stubbed in for future development. She said there is one piece of property that remains, and if and when that is subdivided and developed, the road would then be connected. Chair Larson introduced the applicant Cindy Hedberg, 18555 13th Avenue North. Ms. Hedberg said when she purchased her property it was zoned agricultural. She said the development would be a nice neighborhood and would have a positive impact on the adjacent properties. She said she is planning on living there so she is also addressing the same concerns. She said she was approached by a developer to build townhouses on the site. She said she feels a single family development would be better suited for the surrounding neighborhood. She said Approved Planning Commission Minutes November 3, 2004 Page 4 they are on septic and well and they are ready to move forward and hook up to City sewer and water. She said the proposed lot sizes are bigger than they are required to be. She said her goal is to keep as many of the trees as possible and maintain the integrity of the neighborhood. She said Tradewind Concepts has put a lot of time into the planning in order to use the land to its fullest potential. Chair Larson introduced, Charlie Melcher, Engineer for Quality Site Design. Mr. Melcher said he will address the engineering issues for the proposed project. He said they have adjusted the plan in order to save more of the existing trees. He said they will be stubbing the water main system all the way down to the property at 13th Avenue then looping a system to connect the Villages. He said they would be working on an easement agreement with the Villages in order to work around the trees. He said they have incorporated off-site drainage from the north which then drains into the two ponds on the site. He said the pre -developed release rates are around 40 cubic feet per second. He said the post development rate is 35 cubic feet per second which is an improvement from the existing rate. He said they will be using heavy duty silt fence during construction to prevent erosion and damage to the wetland. Chair Larson asked if the applicant agrees with the staff report and findings of the attached resolution. He said they have reviewed it. He said it appears that they can conform to shifting 13th Avenue North 10 feet. He said they propose to plant 57 more trees and intend to put them on the northern side. He said he has no issue with the findings of the resolution. Chair Larson opened the public hearing. Chair Larson introduced William Rosengren, 18530 -11th Avenue North. Mr. Rosengren said his home is part of the Villages Homeowner Association which includes 17 homes. He said he lives south of the proposed development. He said they prefer to leave this property in its natural state. He said they are concerned with Plymouth over -developing. He said he has met with the developer and they agreed to move the most southern proposed home which would preserve many of the existing trees. He said they submitted a letter from the Association which set forth necessary conditions for the development of this property. He said their support of the project is based on the verbal agreement they have with the developer. Chair Larson introduced Barry Gorelick, 18770 -11th Avenue North. Mr. Gorelick said he lives southwest of the proposed development. He said he looks over a pond that has a variety of wildlife. He said there will be several large trees that will be lost. He said his house backs up to the pond. He said he has concerns with the drainage and that it may have a significant negative impact on his property. He said he has concerns with the traffic. He said he is concerned with the protection of the designated wetland area. The preservation of the trees is a concern along with the protection of the wildlife. He said this development is driven by money. Approved Planning Commission Minutes November 3, 2004 Page 5 Chair Larson introduced Laura Contreras, 1205 Vagabond Lane. Ms. Contreras said the first concern she has is with the rezoning. She said a goal of the City's Comprehensive Plan is to provide affordable housing. She said the applicant is not able to meet this goal. She said the addition of the cul-de-sac will cause the loss of trees. She said the retaining walls will detract from the value of the surrounding homes. She said adding more houses will increase the traffic in the area. She said the addition of ponds are also safety concerns with the children in the neighborhood. She said one of the variance standards is that there is a hardship. She said the hardship is self imposed. She said they are asking for a variance to accommodate their hardship. She said another standard said the purpose is not to increase the value of the home. She said that piece of property is very secluded with a lot of wildlife. She said there is no other reason than money to develop the land and take away from the existing conditions. Chair Larson introduced Gregg Leininger, 1225 Vagabond Lane North. Mr. Leininger said he has concerns with adding a third street frontage to his property. He said he opposes this request for development. He said the developer has made no attempt to work with the surrounding homeowners. He said the request doesn't meet the requirements. He said the applicant has provided the City with inaccurate information. He showed a picture of three large trees that are on the proposed site but are not on the tree inventory plan. He said this proposal requires a large amount of trees to be cut down. He said they have to meet requirements with the reforestation plan. He asked why the City accepts their plan as accurate. He said this is just one inconsistency he has found. He said there could be more they are hiding or skimming to benefit themselves. He said the applicant should be required to review the whole plan again and give accurate information before the development could go forward. He said there is also bad information with the elevations. He said the applicant is asking that all the new drainage be directed to within 8 feet of his property. He said he has concerns that the drainage will be a problem on his property. He said he hasn't been reassured that this won't be a problem. He said the involvement of the developer with the existing owners has not happened. He said there should be input from the existing residents. He said there are concerns with new streets, street lights, sidewalks. He said the applicant needs to meet the variance guidelines. He said they created their own hardship. He said the hardship is on the existing residents. He said one condition is that it doesn't affect surrounding property values. He said he feels his property value will be affected. He said he has not been assured with proof that the property value will not be affected. He said another condition is that it won't affect the safety of others. He said they went from one dead end to two cul-de-sacs and another dead end. He said this creates an unsafe situation. He said variances cannot be issued to increase monetary value. He said this is being driven by money. Chair Larson introduced Jane Ford, 1115 Vagabond Lane. Approved Planning Commission Minutes November 3, 2004 Page 6 Ms. Ford stated she sent an email to City staff earlier. She said she feels the proposed project would have a negative affect on the existing property owners. She said she has concerns with tree preservation. She said the proposed cul-de-sacs violate the City's traffic plan. She asked if other developers had been denied the opportunity to develop this site and why. Chair Larson introduced Nancy Holmes, 1295 Walnut Grove Lane. Ms. Holmes said they live west of the proposed site. She said they have City sewer and water. She said they have watched the property around them develop. She said they seem to have a lot of cul-de-sacs and turn-arounds in the area. She asked what the City's long range plan is for connecting all of these dead end roads and cul-de-sacs. She said she is concerned with how the traffic pattern will eventually affect them. Chair Larson introduced Kristin Taraszewski, 1125 Vagabond Lane. Ms. Taraszewski said she has safety issues with the retaining wall. She said at one point there is a five foot drop. She said she is also concerned with the drainage having a negative impact on her property. She said they need assurance that the drainage is being addressed sufficiently. She said she has concerns with the landscaping plan on both sides of the retaining wall. She said she has concerns with the tree preservation. She said the tree inventory plan doesn't show all of the trees. She said they chose their home because of the trees and wildlife and they are concerned it won't remain that way. Chair Larson introduced Scott Sustacek, 1215 Vagabond Lane. Mr. Sustacek said he has concerns that this development will alter the character of the neighborhood. He said he hasn't been consulted by the developer throughout this process. He said blocking in a home with City streets on three sides is a bad decision. He said this looks like piece meal development. He said the variance standards are not being met. He said the current owner knew the shape of the lot when it was purchased which does not constitute a hardship. He said this is a self-imposed hardship. He said the development will diminish safety, streets, and surrounding home values. Chair Larson introduced Roger Cruzen, 18425 -14th Avenue North. Mr. Cruzen said he lives north of the proposed development. He said the surrounding area is wooded. He said the neighborhood around Walnut Grove Lane was developed and he lost some of the woods because of that. He said the hill on his property is the neighborhood sledding hill. He said it is not uncommon to have a dozen kids on the hill at one time. He said they sometimes slide all the way down and across 13th Avenue North. He said this development will not allow for a safe place for the kids that play here. He said in the future his view will include another three homes if not all five of them. He said if there are street lights required, he will be looking at those. He said he has concerns about where all the snow runoff will go. He said he has Approved Planning Commission Minutes November 3, 2004 Page 7 concerns with his property being taken to improve the road. He said he has concerns with tree preservation. He said the traffic is also an issue. He said this will bring traffic through the neighborhood connecting with County Road 6. He said the burden of proof is on the existing owners, not the applicant. Chair Larson introduced Linda Bulas-Wilson, 18305 -11th Avenue North. Ms. Bulas-Wilson said she opposes the proposed development. She said this plan will have a negative impact on the wetland, woodlands, and serenity preserved at this location. She said any through traffic increases the safety risk. She said there are 49 young children who live in the Hadley Hills neighborhood. She said the area adjacent to the proposed site is the only grassy area for the kids to play. She said the street layout is unfair to the property owners at 1225 Vagabond Lane North. They will lose all of their woodlands to the west, and they will be surrounded by streets on three sides. Chair Larson introduced Sharon Lee, 1105 Vagabond Lane North. Ms. Lee said there is a wide variety of uses in Plymouth. She asked the Commissioners to consider the greater good for the greater number. She said this is a neighborhood worth preserving. She said she hopes the Commissioners will take the existing owners concerns into consideration when making their decision. Chair Larson introduced Fred Contreras, 1205 Vagabond Lane North. Mr. Contreras said he has the same concerns raised by the other owners who spoke. He said he bought his home based on the view from his back yard. He said the proposed development will eliminate two large trees which will have a negative impact on his property. He said his view will go from two large trees to a retaining wall. He said there are issues with the cul-de-sacs. He said there are traffic issues and adding five homes will affect that significantly. He asked for denial of this project. Chair Larson introduced Amy Leininger, 1225 Vagabond Lane North. Ms. Leininger said she spoke to a naturalist at school and was told that up to 20 different species of birds and animals live in wetland areas. Chair Larson closed the public hearing. Director Hurlburt asked Mr. Melcher to address the drainage, retaining wall, and safety issues that were raised. Mr. Melcher showed the proposed grading plan. He said the water from the Vagabond properties drains into the wetland and then goes on either side of the Hedberg property. He said they propose to preserve the trees between the cul-de-sac and the property line. He said they are creating a swale which will direct the water on either side of the retaining wall, Approved Planning Commission Minutes November 3, 2004 Page 8 into the cul-de-sac and then into the treatment pond before it reaches the wetland. He said the drainage from the east drains down across the southern part of the Hedberg property. This will, in the future, have a retaining wall with a swale that is created to preserve an entire area of trees. He said they shifted the southernmost house forward to save a significant number of trees. He said the retaining walls could be the type that is decorative with boulder walls that add more of a natural feeling to the site. He said the houses on Vagabond Lane are high enough that there would be no visual impact by the retaining walls. He said the properties on the east would be looking through the woods, vegetation and wetland so they should have little visual impact. He said the retaining wall by the pond could also be a boulder wall. He said in regards to safety, they have discussed a guardrail. He said in regards to the drainage at 13th Avenue and the proposed cul-de-sac, this intersection is next to the existing driveway access to the Hedberg property. There is an access easement on the Hedberg property that will be vacated, sodded and restored. Proper drainage will be directed into the catch basin system. He said the release rates are less than the existing rates. He said the proposed drainage system will be better than what is there now. He said the wildlife don't live in the wetland system, they migrate up and down the watershed district. They go where the food and habitat are. He said the 57 trees they propose to plant will be used for screening on the north side of the proposed site. He said this development will be a beautiful site when completed. He said it will not be a detraction. He said the safety issue with the sliding hill should be dealt with as a private property issue, not as part of the development. Director Hurlburt asked Mr. Melcher to address the pond that was close to several homes in the Villages development. Mr. Melcher said the southern pond water level is 992.00 feet. He said he doesn't know the property elevation. He said the water level of the wetland is not going to change. He said they would not be increasing the normal or high water level of the ponds. Director Hurlburt asked him to address the concern that was raised about some of the trees not being on the inventory. Mr. Melcher said he thought it was a misinterpretation of the property line. Director Hurlburt asked Mr. Melcher to address the questions of any property outside the Hedberg property that would be affected by the extension of utilities or tree removal. Mr. Melcher said they would be working with the Villages to minimize the impact, however they have not established the route for the water main at this time. He said the extension of utilities would be in the proposed street right-of-way. He said it is platted as part of this site. Director Hurlburt asked Mr. Melcher to address the fencing for the top of the retaining wall on east side of Vagabond Lane. Mr. Melcher said the final designs for both walls have not been completed. He said they are typically a tiered design. He said the change in elevation between the tiers would be gradual. He said the maximum height would be five feet. He said they would follow the safety regulations for retaining walls. Director Hurlburt asked what the height would be of the retaining wall by the cul-de-sac. He said the total height would be five feet. Director Hurlburt asked if a five foot retaining wall would have any affect on ground water. He said the Approved Planning Commission Minutes November 3, 2004 Page 9 retaining walls need to be designed with a swale to divert the water. He said you don't want erosion. He said drain tile around the base and mid level would be installed so that water that comes through as ground water is diverted around the wall. Director Hurlburt asked Senior Planner Darling to address the long range plan of the streets. Senior Planner Darling said the two concerns raised were 13th Avenue being extended to Walnut Grove Lane and 8th Avenue being connected to an extension of Walnut Grove Lane near the Villages. She said there would be two ways in and out of the development if 13th Avenue is connected to Walnut Grove Lane. They could either go up Walnut Grove Lane or up Urbandale Lane. She said assuming the connection is made, it would still be an extremely circuitous route. It would not provide a quick cut -through from County Road 6 to County Road 101. This would be a local road serving this neighborhood. Director Hurlburt said there is no turn around at the end of Walnut Grove Lane because it was built as a temporary dead end with the plan to extend in the future. She said the other cul-de-sac to the west was not intended to go through. She said the City tries to layout the possible connection, keeping future development in mind. The City does not have a policy against cul-de-sacs but we try to limit the length. She said they can be useful when you have rolling hills and natural features. Chair Larson asked if there were other developers that had submitted applications. Senior Planner Darling said there have been no other formal applications to develop this property. She said there have been several developers inquire about the property and the potential to develop the site. Ms. Hedberg said she has been approached by many developers over the years. She said two were fairly serious but never submitted an application. Chair Larson asked if there is a formal agreement with the Villages Homeowner Association and if the City has any involvement in that. Senior Planner Darling said the conservation easement agreement would be private and the City would only be involved if there were pond maintenance or drainage issues. Chair Larson asked where the wetland is located on the site. Senior Planner Darling showed the location of the wetland along the west and southwest portion of the site. The pond that the adjacent owners were concerned with is on the southwest side. She said it is governed by City regulations and the Wetland Protection Act regulations. She said the City requires a wetland buffer and a setback to the buffer so future homeowners would have some useable area. The Wetland Conservation Act determines how much of a wetland can be filled. She said the applicant is not proposing to fill any part of the wetland. Commissioner Griffith asked if moving Vagabond Lane 10 feet put it as close to the wetland as possible. Senior Planner Darling said moving the road 10 feet would not impact the wetland at all. She said only a portion of the road is being moved. Chair Larson said the issues that the Commission is addressing are the rezoning and preliminary plat. Director Hurlburt said if the rezoning and preliminary plat meet all of the required standards, the decision would be fairly objective. She said the decision on the variance would be more subjective. She said you don't need to show that they meet all the standards. She said the Approved Planning Commission Minutes November 3, 2004 Page 10 largest discretion is on the variance request. She said if the variance isn't approved, the preliminary plat cannot be approved. She said the rezoning could be approved separate from the variance and preliminary plat. Chair Larson said she visited the proposed site and found that it is a unique piece of property. She said we can't base our decision on the fact that it is a nice open space. Private owners have the right to develop their property as long as they meet the requirements. She said she is unsure if the burden of proof has been met with the street frontage issue. She said she cannot support the variance because she said it would be detrimental to the adjacent property. Director Hurlburt said the variance is being requested because of the lack of a public road. Commissioner Wilson said she concurs with Chair Larson's view. She said she puts herself in the place of some of these owners. She said the reality is that the surrounding land could be developed. She said she doesn't support the variance because the hardship doesn't exist. Commissioner Griffith said there is only one variance which is required for the two lots to share a private drive. Chair Larson said the burden of proof hasn't been met. Commissioner Griffith asked if there is any alternative to the shared private drive. Senior Planner Darling said they looked into it but there is no other way, other than connecting 13th Avenue to Walnut Grove Lane. Commissioner Griffith asked how the 10 foot setback was arrived at. Senior Planner Darling said it was reasonable distance and would allow for a developable lot on the west side. Commissioner Weir said this is private property and they have a right to develop it as long as it doesn't interfere with the neighborhood and he doesn't see that it would. Commissioner Holmes said the resolution had set forth 24 conditions that address a lot of the concerns that were raised. He said he supports the plan at this time. Commissioner Griffith said he agrees that the 24 conditions in the resolution do address some of the issues that were raised. MOTION by Commissioner Weir, to approve the request by Tradewind Concepts, Inc. for rezoning, preliminary plat, and variance for a single-family development to be called "Sleepy Hollow Woods" for property located at 18555 -13th Avenue North. Commissioner Musliner asked to separate the variance request from the rezoning and preliminary plat request and vote on them separately. Commissioner Holmes disagreed. MOTION by Commissioner Musliner to amend the original motion to separate the variance from the original motion. There was no second to the motion. Commissioner Holmes called for question. Roll Call Vote on original MOTION. 3 Ayes. Chair Larson voted Nay. Commissioners Wilson and Musliner voted Nay. MOTION does not carry as it was a tie vote. Commissioner Musliner said our role is to balance the needs of the owner and the neighbors. She said she agreed with the rezoning so development could take place, but without the variance. Approved Planning Commission Minutes November 3, 2004 Page 11 MOTION by Commissioner Musliner, seconded by Commissioner Holmes approving rezoning from FRD (Future Restricted Development) to RSF-1 (Single Family 1), for property located at 18555 -13th Avenue North.. Roll Call Vote. 6 Ayes. MOTION approved. Commissioner Griffith said by not approving the preliminary plat and variance, we are saying there is a better or different way to develop the land. Director Hurlburt said this will forward to City Council with two options, to approve or deny because the Planning Commission vote was tied. C. MINNESOTA SCHOOL OF BUSINESS (2004113) Chair Larson introduced the request by Minnesota School of Business for a conditional use permit amendment to increase their student enrollment, and an interim use permit for reduced parking for property located at 1455 County Road 101. Planner Doty gave an overview of the October 25, 2004 staff report. Chair Larson asked about the population and what the 650 students referred to. Planner Doty said the 650 students refers to the enrollment at the time of their parking study, with 50 of that being staff. He said they have an expected amount for given times throughout the day. Planner Doty said that you have to use a ratio of the expected number of students vs. the amount of parking spaces to come up with a total student enrollment. Chair Larson asked about the surrounding businesses and if there would be any impact on them. Planner Doty said one apartment complex to the south asked if this approval would include an allowance for the school to park on their private property. He said the approval would not allow for parking on their property. Planning Manager Senness said the peak use times of most of the other businesses are opposite of the school's peak times. Planner Doty said if there is a demonstrated parking problem, the interim use permit could be revoked. Commissioner Musliner asked if that is true with traffic too. Director Hurlburt said this interim use permit is specific to parking. Commissioner Weir asked about the 1,410 students and for what time period that covered. Planner Doty said that is total enrollment, but the school would not have that amount on campus at one time. Planner Doty said the cap is set at 1,410. To increase that amount, the school would have to go through a formal public hearing process again. Commissioner Musliner asked about the parking agreement between the church and the school and if the agreement could terminate if the use changed. Planner Doty said that there is a condition of the resolution that states that the interim use permit for joint parking would be revoked if the use changed. Planner Doty said that if the use changed at either site, the City would likely hear about it through a parking complaint and could also revoke the interim use permit for reduced parking. Commissioner Weir asked if it is a formal agreement between the school and the church. Planner Doty said answered affirmatively and said it needs to be approved by the City Attorney and recorded against the property. Approved Planning Commission Minutes November 3, 2004 Page 12 Chair Larson introduced Jeff Myhre, 1455 County Road 101. Mr. Myhre said the reason for the conditional use permit is to allow for an increase in their enrollment. He said their calculations were based on last years enrollment. He said during the busiest time 207 spaces were vacant. He said there isn't a parking issue at this time. He said they don't have a formal agreement with the church because they haven't had to use the church for parking. Chair Larson said the church submitted a letter stating they would not share their parking during Sunday morning services and weekly worship times. Mr. Myhre said they don't operate on Sundays. He said the times they couldn't use the parking would be written into the agreement. He said they could also find a location nearby that they could shuttle students to and from. Chair Larson opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve the request by Minnesota School of Business for a conditional use permit amendment to increase their student enrollment, and an interim use permit for reduced parking for property located at 1455 County Road 101. Roll Call Vote. 6 Ayes. MOTION approved. 7. NEW BUSINESS A. CITY OF PLYMOUTH (2004130) Chair Larson introduced the request by the City of Plymouth for site plan and variances for a transit station and 285 -stall parking structure for property located at County Road 73 and Highway 55. Senior Planner Darling gave an overview of the October 26, 2004 staff report. She said the resolution had been revised to reflect technical revisions to two engineering conditions regarding minimum floor elevation and the elevation of the 10 -foot bench for the pond. Chair Larson introduced Bill Fossing, LSA Design, 250 Third Avenue North. Mr. Fossing showed a presentation outlining the basics of the transit station design. He said the primary function is a time transfer for busses. He said the current design would allow for 3 shuttles every half hour and would have layover capacity. He said the intent of the architecture is to be contemporary with some character. Commissioner Weir asked for verification of the correct number of parking spaces proposed. Senior Planner Darling said the original plan was for 285 but the narrative indicates 283. Approved Planning Commission Minutes November 3, 2004 Page 13 Chair Larson introduced Steven Jenniges, 10911 W. Highway 55. Mr. Jenniges said there are about 70 spaces in the parking lot now. He said he has been observing the lot and at any given time there a maximum of 60 cars parked there. He said it seems like a waste of money when all you need is a retaining wall and an additional 30-40 parking spaces. He said the ramp could be built in the future if the need was there. He said the height of the building will block his business's exposure from Highway 55. He said the roadway cannot handle any more traffic. He said if County Road 73 was upgraded this project might work. He said he doesn't see a benefit for the City to advertise a parking ramp. Chair Larson introduced Bruce Thompson, 11018 Old County Road 15. Mr. Thompson said he has concerns with the size of the building and the impact on the lot. He said the parcel isn't owned by the City or the State. He said that means the City doesn't have control over it yet. He said the height variance is 73% higher than normally allowed. He said this will be much more dominant than the surrounding buildings. He said all of the setbacks are less than 50% of what is required by the Zoning Ordinance. He said Highway 55's future is unknown at this time. He said there are concerns with snow removal. He said if there are 250 transfers a day, their wouldn't be a need for that much parking. He said the City doesn't meet the hardship standard of the variance requirement. He said he opposes this request. Commissioner Wilson said it's not up to us whether the City needs this. The issue is looking at the variance and site plan request. Director Hurlburt said the purpose of having it at the Planning Commission is to provide some information to the public. Chair Larson introduced Pat Qvale, Public Services Manager. Ms. Qvale said the site is a 65 space parking lot today. She said there are 40-55 cars parked there on any given day. She said similar facilities in Eden Prairie and Burnsville have shown that this type of facility brings riders to your facility. It's very hard to judge the need by looking at a flat parking facility. She said one of the biggest obstacles in riding a bus is staying out of the elements. She said the transit facility takes the elements out of the picture. She said there is a demand for this type of facility in Plymouth. She said the plan is a two -fold project including a park and ride and a transfer facility. She said they have taken a small piece of property and proposed to make it very useful for Plymouth residents. She said the City is working with MnDOT and the plan has been approved for Governor Pawlenty's State Trunk Highway Bonds which is the primary source of funding for this project. She said the estimated cost is $3,000,000 for the entire structure. She said $2,500,000 would be provided by MnDOT and $500,000 from the Metropolitan Council. She said they did look at the property on the other side of County Road 73 but she said the federal (CMAQ) funding was denied. She said this site was easier to obtain and we could take advantage of the State funding. Approved Planning Commission Minutes November 3, 2004 Page 14 Chair Larson asked about the height issue that was raised. Planner Darling said the four story building further down on County Road 15 was constructed at 46.5 feet. She said the City approved a conditional use permit to allow a building higher that what was allowed. She said at the time all conditional use permits issued for height also required the building to be setback further from the street right-of-way. She said in regards to Mr. Jennige's building, there would be some partial blockage of visibility, however there would be visibility from the intersection of Highway 55 and South Shore Drive. Chair Larson asked what type of business Mr. Jenniges' had. Mr. Jenniges said he sells equipment to the public safety industries. He said they tell people to look for their sign and have never had to do any public advertising. Commissioner Weir asked if this is costing Plymouth anything. Ms. Qvale said the two primary funding sources are from MnDOT and the Metropolitan Council. There is a minimal portion that would come from the City's transportation fund. Commissioner Holmes said we did a study plan about a year ago in this area. He said the location may not be the best for this type of structure. He said that area seems to be one mistake after another. MOTION by Commissioner Weir, seconded by Commissioner Wilson, recommending approval of the request by the City of Plymouth for site plan and variances for a transit station and 283 -stall parking structure for property located at County Road 73 and Highway 55. Vote. 4 Ayes. Commissioners Holmes and Weir voted Nay. MOTION approved. 8. ADJOURNMENT MOTION by Chair Larson to adjourn the meeting. The meeting adjourned at 10:59 p.m.