HomeMy WebLinkAboutPlanning Commission Minutes 04-18-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
April 18, 2001
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Peggy Larson, Roger
Berkowitz, David Gaither, Kapila Bobra, Sarah Reinhardt, and Karl Neset
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, City Engineer Dan Faulkner, and Office Services Supervisor Denise Hutt
1 CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt to approve the
April 4, 2001 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved unanimously.
Commissioner Larson and Chairman Stulberg abstained.)
5 CONSENT AGENDA
No Items.
6 PUBLIC HEARINGS
A CLASSIC TOUCH, INC. (20173)
Chairman Stulberg introduced the request by Classic Touch, Inc. for a site plan, conditional use
permits and variances for a motor fuel sales facility and attendant building for property located at
11320 State Highway 55.
Planning Manager Senness gave an overview of the April 11, 2001 staff report.
Commissioner Reinhardt questioned the level of pollution on the site. Planning Manager Senness
answered that perhaps the applicant would be better to address the issue.
Commissioner Reinhardt asked if the north drive will be limited to one way traffic. Planning
Manager Senness replied affirmatively. The north drive will be one way westbound to the
frontage road.
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April 18, 2001
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Chairman Stulberg introduced Del Erickson, representing the petitioner. Mr. Erickson stated that
he is the architect for the project and represents David Mack. Mr. Erickson stated that one of
their biggest concerns is the interchange of West Medicine Lake Drive and Highway 55 going to
four lanes. He stated that the current frontage road works fine, and that traffic only backs up in
the morning. Mr. Erickson stated that he proposed to the City Council that West Medicine Lake
Drive be shifted to allow an equal amount of land to be taken on each side for expansion to four
lanes. Mr. Erickson requested that Condition #5 be changed from six feet to four feet, as he was
told by the Public Works Director that the trail and the frontage road could meet.
Mr. Erickson presented a plan depicting traffic exiting out on West Medicine Lake Drive. He
stated that their proposal is doable even with large trucks and their turning radius. He said that
staffs proposal would create the same traffic situation on West Medicine Lake Drive as currently
existing on South Shore Drive. Mr. Erickson commented that they disagree with putting in the
frontage road at this time. He said that it doesn't make sense to put a road in part way when we
don't know for sure how West Medicine Lake Drive will develop. He stated that by having to put
in the frontage road, it will affect the schedule and be a hardship for the current owner, and may
not work after it's done. Mr. Erickson said that people will not take the time to go around the site
to enter, but rather go into the site using the exit only drive. He stated that the applicant is giving
up a substantial amount of land for this road and he should have more usable area of the site. The
trail is part of West Medicine Lake Drive in the future and there could be some slight adjustment
in the roadway to give up some six feet for better maneuverability.
Mr. Erickson asked where the 40 feet is located that staff refers to in Condition #6. Planning
Manager Senness replied that it refers to the entire section of frontage road, but shifted eastward
on the north to accommodate the future trail outside of the right-of-way. Mr. Erickson stated
that if we keep the alignment as proposed, it would alleviate the need for some of the variances.
Mr. Erickson stated that they assumed that they could have a menu board below the sign like
Holiday Station has. Staff doesn't want a sign near the corner roadway, but it would be similar
with what is at the Holiday Station. There is a hardship since the sign has to be back further.
Mr. Erickson questioned staffs recommendations on the height of the light poles and appropriate
fixture cutoff angles. He stated that the poles can be 20 feet in height as that matches the height
of the canopy and that the fixture they are proposing exceeds the City's 90 degree cutoff standard.
Chairman Stulberg asked if the applicant will go ahead with the project if the Planning
Commission recommends what staff is proposing relative to the design of the frontage road. Mr.
Erickson and Dwight Larson said that they don't know the answer to that question at this time.
In response to issues pertaining to the turning radius for the new alignment, City Engineer
Faulkner replied that the access would result in difficult turning movements onto the frontage
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road for semi -tractor trailers, but it should be a temporary situation that is acceptable for the short
term. Chairman Stulberg asked why not live with frontage road the way it is now. City Engineer
Faulkner replied that the low volume of large trucks together with the reduction in safety hazards
gained from closing the existing access outweigh inconvenience until the frontage road is
completed to the north.
Chairman Stulberg asked if staff has talked about engineering the north drive differently. City
Engineer Faulkner stated that the drive can be designed and signed in such a way that you can
prevent traffic from entering or at least make it extremely difficult.
In response to the question pertaining to measurement of pole height and illumination, Planning
Manager Senness stated that it is measured from the top of building, not the canopy.
In response to the question raised pertaining to the six foot easement, Planning Manager Senness
replied that staff has had substantial discussions with the applicant to stress the importance of
providing adequate safety on the trail which provides for six feet between the trail on West
Medicine Lake Drive and the back of the curb of the relocated frontage road. The applicant's plan
shows no separation between the back of the curb and the trail.
In response to issues/questions raised about the freestanding sign, Planning Manager Senness
stated that a menu board is not associated with a gas station operation. Director Hurlburt
commented that a menu board is specifically for a drive-thru restaurant and consequently would
not be allowed in conjunction with this development. Planning Manager Senness said that the
sign for the Holiday Station was approved for 96 square feet. Mr. Erickson asked if the
measurement is between the poles. Planning Manager Senness replied affirmatively.
Mr. Erickson asked about the option of putting the sign in the corner of the site. Director
Hurlburt said that all signs along Highway 55 are behind the frontage road. A sign at the corner
would be confusing and hazardous, and would be better placed along the frontage road. Staff
would strongly recommend against allowing the sign on the corner. Mr. Erickson said that the
applicant should be allowed a larger sign for the tradeoff on placement of the sign.
Commissioner Reinhardt asked if the car wash operation will continue during construction of the
gas station. Mr. Erickson replied affirmatively and said that is another reason to wait and do the
frontage road later. In addition, he stated that there is no place for the storm sewer and catch
basins to go, also making it appropriate to wait.
Chairman Stulberg introduced Dwight Larson, the owner. Mr. Larson said that they took 400
cubic yards of dirt out of the site and the State stopped them at that point. He said that 90
percent of the pollution has been taken care of, but the water still isn't up to code yet. Chairman
Stulberg asked what will it take to get the water right. Mr. Larson said that he didn't know.
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Chairman Stulberg asked what additional work the petitioner will have to do to comply with
Minnesota Pollution Control Agency (PCA) requirements.
Chairman Stulberg introduced David Mack, the petitioner. Mr. Mack said that he received a list
of standards from the PCA that they need to comply with, but they can operate the business while
addressing the issues.
Commissioner Berkowitz said that the owner and operator are responsible for what is beneath the
ground, but those issues won't prohibit operation above ground.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Amy Sakayan of 1029 West Medicine Lake Drive. Ms. Sakayan
said that they are located directly behind Will's Transmission. She said that she is concerned with
the potential negative impact on her property values. She said she does not believe there is a need
for another gas station, as there are two gas stations with 24 pumps within 1/4 mile. Ms. Sakayan
said that the proposal will not promote or enhance the public welfare. It will be dangerous with
the road and gas station tankers. With the station being open until 11:00 p.m., it will promote
high risk and high target safety issues, and have a impact on her comfort level in her home. The
added traffic and smells will diminish and impair property values and be injurious to the use and
enjoyment of her property. She stated that the proposal will grant increase value to the applicant's
land. The proposal will increase traffic volume and the risk of fire or explosion and negatively
impact her property values. Ms. Sakayan said that the site is too small and congested for this type
of use and urged the Commission to deny the application. Ms. Sakayan said that she agrees with
applicant that the frontage road should not be updated. She stated that changes shouldn't be made
until after it is built and the City can see what the traffic flow is going to be, and then change the
road if necessary. She added that the traffic is bad in the morning, but it would be better to leave
it the way it is currently. Ms. Sakayan stated that if the proposal is approved, she would want
adequate screening since it abuts a residential area.
Chairman Stulberg introduced David Prochaska of 1029 West Medicine Lake Drive. Mr.
Prochaska stated that there isn't sufficient screening of the proposed use. He said that living with
a temporary road and tanker trucks that will be dangerous is not acceptable. He said that the
permanent road proposal is minimally safe, but it's not a good layout. He asked if the signage
would be monitored after the facility is built, and what will happen with the overflow traffic from
the car wash onto the frontage road.
Chairman Stulberg closed the public hearing.
Planning Manager Senness stated that the Commission needs to weigh several factors for
approval. With redevelopment, variances are almost always needed and can represent a tradeoff
for other desired improvements. In this case, redevelopment of the subject site would facilitate
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environmental clean up of existing pollution. Use of the site for motor fuel sales would be an
appropriate reuse of the site.
Chairman Stulberg asked what type of businesses would be allowed in the C-3 District. Planning
Manager Senness stated service oriented uses including restaurants. Director Hurlburt stated that
auto -oriented uses, banks, sports and health clubs, liquor stores, motel/hotel, restaurants, and
recreational equipment sales would be allowed as well as conditional uses allowed under the C-1
District such a daycare, car washes, live entertainment, or motor fuel sales. Planning Manager
Senness said that the site has been zoned commercial for at least 20 years.
Planning Manager Senness stated that there is screening along the north side of the property that
will need to be filled in with spreading juniper at the base of the existing trees or cease trimming
of the trees. There are no requirements for screening to the west. She said that if the City
received a complaint pertaining to signage they will follow up and work with the owner to bring
them into compliance. Director Hurlburt said that the City can prosecute for violations of the
zoning ordinance.
Mr. Erickson stated that the car wash and gas station do work in conjunction and that there is
plenty of onsite parking. Mr. Mack said that the stacking on the gas station property is more than
adequate, and that there are only about three days a year when parking spills out onto the street.
Chairman Stulberg asked if there is a plan to stop overflow onto the street. Mr. Mack answered
that they haven't discussed it, but they could. Director Hurlburt said that the new alignment and
landscaping will provide more of a barrier between the existing building and the frontage road.
Mr. Erickson stated that without moving the frontage road as staff recommends, it would cut out
the need for variances. Chairman Stulberg stated that it would eliminate the need for two of the
variances. Director Hurlburt stated that while staff doesn't like to encourage variances, it is more
important for safety rather than reducing the amount of variances. She said that staff worked with
the Holiday Station to get the road realigned and to provide better safety.
Chairman Stulberg asked if there were any comments raised at the Development Review
Committee meetings pertaining to the turning radius with a fuel dispensing outlet. Planning
Manager Senness replied that it was not raised as a problem during the review. Director Hurlburt
said that it is a temporary situation, and that there may be a formal proposal for the northern lot
within the next couple of months for construction next year. She added that the road needs to be
done at the time of this development.
Commissioner Reinhardt asked if the intersection would need to be redone. Director Hurlburt
replied that only the frontage road will be done.
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Commissioner Gaither asked if the frontage road complies with expected safety guidelines.
Director Hurlburt said that the frontage road will be fully realigned within the next year or two,
which is reasonable.
Commissioner Bobra asked if the applicant can delay their project until the rest of the frontage
road is complete. Mr. Erickson said that they can't delay the project since there is a sale involved.
Commissioner Bobra stated that it may be better for the applicant to wait until the property to the
north is developed, as it ultimately may save them money in case anything needs to be redone.
Chairman Stulberg commented that the construction could impact the car wash business with the
narrow entrance. City Engineer Faulkner concurred. Mr. Erickson said that the biggest impact
would be the semi -trucks trying to get into the site.
Chairman Stulberg asked who would bear the cost of the frontage road to the north. City
Engineer Faulkner said that the owner to the north would bear the cost when the property is
developed. Chairman Stulberg asked if the property would be assessed if it were done as a public
improvement project. Director Hurlburt replied that it wouldn't be the City's normal practice, and
that the City would have to acquire the right-of-way.
Commissioner Reinhardt asked the applicant to show a map of his proposal versus staffs
recommendation. Commissioner Reinhardt asked the applicant if they would have significant
reconstruction when the frontage road is built. Mr. Erickson replied affirmatively.
Chairman Stulberg asked where the fill sites for the tanks would be located. Mr. Erickson replied
that they are located at the back of the site over the tanks.
Commissioner Reinhardt stated that she can see both sides of the argument regarding the frontage
road, and she is hesitant to do something now without knowing what will happen with the
property to the north. She stated that she is also concerned with the turning radius for trucks.
Commissioner Larson concurred. City Engineer Faulkner stated that what staff is proposing is a
safer condition than what the applicant is proposing. Commissioner Gaither concurred. He said
that moving the entrance away from Highway 55 as proposed by staff is a safer situation. He
stated that if safety can be improved incrementally, it makes sense regardless if there is
development to the north. He said that he will defer to staffs knowledge.
MOTION by Commissioner Gaither, seconded by Commissioner Berkowitz recommending
approval of a site plan, conditional use permits and variances and denying a freestanding sign
variance for Gas N' Splash located at 11320 Highway 55.
Commissioner Bobra stated that there seemed to be some confusion between staff and the
applicant, and that more discussion was needed between the two groups before the Commission
voted.
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April 18, 2001
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MOTION by Commissioner Bobra to table the item to the May 2, 2001 Planning Commission
Meeting allowing staff and the applicant additional time to work out some of the confusing issues.
MOTION failed due to the lack of a second.
MOTION to Amend by Commissioner Reinhardt, seconded by Commissioner Berkowitz to add
a condition to the resolution requiring that a management procedure be in place to address the
potential for overflow traffic from the car wash spilling onto the frontage road.
Commissioner Berkowitz asked what mechanisms are already in place that can be tied to this.
Director Hurlburt said that a condition is perfectly appropriate when you have a situation of
shared parking. She said that the condition would be appropriate with a conditional use permit.
Roll Call Vote on MOTION to Amend. 7 Ayes. MOTION to Amend approve unanimously.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Gaither to change
Condition #5 from six feet to four feet.
Chairman Stulberg stated that four feet would represent a reasonable shift in the right-of-way.
Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION to Amend approved on a 6-1
Vote. (Commissioner Bobra voted Nay.)
Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
7 NEW BUSINESS
A CITY OF PLYMOUTH (2001033)
Chairman Stulberg introduced the request by the City of Plymouth to consider finding that
adopting an official map of the Highway 55/West Medicine Lake Frontage Road located north of
Highway 55 and east of West Medicine Lake Drive is consistent with the Comprehensive Plan.
Planning Manager Senness gave an overview of the April 10, 2001 staff report.
Planning Manager Senness stated that if the Commission approved this, the item will go the City
Council on April 24 to set a public hearing for May 22. She said that the Gas N' Splash
application would also go the May 22 City Council meeting. The City Council holds the public
hearing for adopting the official map.
Chairman Stulberg introduced Amy Sakayan of 1029 West Medicine Lake Drive. Ms. Sakayan
declined to comment.
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Chairman Stulberg introduced David Prochaska of 1029 West Medicine Lake Drive. Mr.
Prochaska asked if he would have full access to their driveway with the redesign of the frontage
road, as his driveway has a steep grade and access in the winter is often difficult. City Engineer
Faulkner stated that the median located near the vicinity of Mr. Prochaska's driveway would be a
painted rather than a raised median. Mr. Prochaska would be able to cross the median for
driveway access. City Engineer Faulkner added that the City can legally restrict access, although
that would not be the case in this instance.
MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz finding that
adopting an official map is consistent with the comprehensive plan and is needed to carry out the
policies and goals of the major thoroughfare plan and community facilities plan (the Plymouth
Comprehensive Plan, including the transportation chapter).
Commissioner Berkowitz questioned the dotted road going east on the map. Planning Manager
Senness stated that it was an earlier version that came from the applicant, but the plan does not
call for that road. There will be a new map coming from SRF Consulting Group. Commissioner
Berkowitz was concerned with any road going to South Shore Drive. Director Hurlburt
concurred that it would be detrimental to have a road going to South Shore Drive.
Vote. 7 Ayes. MOTION approved unanimously.
MOTION by Commissioner Gaither, seconded by Commissioner Bobra to adjourn. Vote. 7
Ayes. MOTION approved unanimously. The meeting was adjourned at 8:50 p.m.