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HomeMy WebLinkAboutPlanning Commission Minutes 05-16-2001Approved Minutes City of Plymouth Planning Commission Meeting May 16, 2001 MEMBERS PRESENT: Acting Chairman Roger Berkowitz, Commissioners Peggy Larson, David Gaither, Kapila Bobra, Sarah Reinhardt, and Karl Neset MEMBERS ABSENT: Chairman Mike Stulberg STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planner Marie Darling, Planner Rebecca Stoen, Associate Planners Josh Doty and Kip Berglund, 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 Gaither, seconded by Commissioner Bobra to approve the May 2, 2001 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA A DANA CORPORATION (2001034) MOTION by Commissioner Reinhardt, seconded by Commissioner Larson for a site plan amendment for a 500 gallon anhydrous ammonia tank for property located at 15905 State Highway 55. Vote. 6 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS A NORCOSTCO (2001030) Acting Chairman Berkowitz introduced the request by Norcostco for a conditional use permit to allow retail use (Northwestern Costume) in the east 2,262 square foot portion of an industrial building located at 815 State Highway 169 North. Senior Planner Darling gave an overview of the May 8, 2001 staff report. Approved Planning Commission Minutes May 16, 2001 Page #2 Commissioner Bobra asked if additional parking spaces will be needed in the future. Senior Planner Darling replied that if the tenant wishes to increase the amount of retail space, staff would have to re-evaluate the parking needs at that time to see if an amendment is warranted. Acting Chairman Berkowitz introduced Roger Deters, representing the applicant. Mr. Deters stated that he concurs with the staff report. He said that Norcostco is a national company that services the educational theater. Acting Chairman Berkowitz opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt recommending approval of a conditional use permit for Norcostco for property located at 815 Highway 169 North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B OAKWOOD SQUARE LLC (2001038) Acting Chairman Berkowitz introduced the request by Pizza Grill for a conditional use permit for a restaurant to be called Pizza Grill located at 1400 County Road 101 North. Associate Planner Berglund gave an overview of the May 7, 2001 staff report. Acting Chairman Berkowitz introduced Peter Farley, representing the applicant. Mr. Farley stated that he concurs with the staff report. Acting Chairman Berkowitz introduced Dave Johnson, property owner. Mr. Johnson said that the tenant space in question is not the most northern space of the building, but rather the one next to it. Director Hurlburt said that it wouldn't affect the approving resolution. Acting Chairman Berkowitz opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Reinhardt, seconded by Commissioner Gaither recommending approval of a conditional use permit for Pizza Grill for a family -style restaurant at Oakwood Square Shopping Center, 4100 County Road 101. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C EDINA DEVELOPMENT CORPORATION (20183) Acting Chairman Berkowitz introduced the request by Edina Development Corporation for rezoning from FRD (Future Restricted Development) to RMF -2 (Multiple Family 2) and Approved Planning Commission Minutes May 16, 2001 Page #3 preliminary plat for 98 townhome units for property located west of the northwest quadrant of Vicksburg Lane and Schmidt Lake Road. Senior Planner Darling gave an overview of the May 11, 2001 staff report. Commissioner Gaither asked if the property owner to the north had been contacted regarding this development and if the drainage issues have been addressed. Senior Planner Darling explained that with the original drainage proposal, the property owner to the north would need to sign off on it because of the degree of water concentration. The applicant is now spreading the concentration of water over a larger area. The revised drainage plan wouldn't require any sign off as the water is more diffused. City Engineer Faulkner agreed and said that staff is comfortable with the conceptual way the applicant is addressing the drainage issues, and the final plan submittal would have more detail. Commissioner Bobra asked what kinds of improvements are anticipated for Vicksburg Lane. City Engineer Faulkner stated that they will be putting in a bypass lane on Vicksburg Lane going southbound to increase the capacity at that intersection. Schmidt Lake Road will be completed to coincide with the completion of the bridge over the railroad tracks. There would likely be a signal warranted for the Vicksburg Lane/Schmidt Lake intersection in 2003, and also one for Vicksburg Lane and Old Rockford Road at some point. The Seven Greens developer will be required to build a turn lane into their site. Commissioner Bobra asked if the units are still rental or if there is any chance that they will be owner occupied. Senior Planner Darling stated that the applicant has indicated that the units will be rental units, but the development will be required to have a homeowners association and covenants to allow the possibility of owner occupied units in the future. Acting Chairman Berkowitz asked about the crossing of Schmidt Lake Road and the parking situation at Gateway Park. Senior Planner Darling stated that staff researched ideas for removing the parking from the areas around Gateway Park. Ideas include a total ban on parking or restricting the hours that parking may occur in the area. Commissioner Berkowitz asked who is responsible for completing the eastern portion of the trail on the north side of Schmidt Lake Road. Senior Planner Darling stated that the applicant is only responsible for the portion of the trail on their property. Director Hurlburt stated that the remaining portion will be up to the City to complete. Commissioner Larson questioned what the applicant must do to meet best management practices as stated in the Engineers' Memo. City Engineer Faulkner replied that along with adding an additional pond on the western portion of the property, they must also use a phosphorus free fertilizer, proper wetland plantings and additional tall grasses, rain garden, and maintain a street sweeping contract. Approved Planning Commission Minutes May 16, 2001 Page #4 Commissioner Neset raised the question by the residents as to why this development doesn't constitute a Planned Unit Development (PUD). Senior Planner Darling stated that the original Nanterre development was a PUD, but a change in the zoning ordinance eliminated most PUDs. In order for a development to be a PUD, there has to be something unique about the proposal, such as topographical issues, mixed uses, or different densities. She stated that the proposed townhomes can develop according to the standard requirements without a PUD. Director Hurlburt stated that a PUD does not necessarily give the City any more oversight or control on a development. Acting Chairman Berkowitz introduced Rick Lewandowski, the petitioner. Mr. Lewandowski stated that he concurs with the staff report and is available for questions. Mr. Lewandowski stated that he didn't like the statements pertaining to his reputation, but staff did a good job of investigating the issues. Acting Chairman Berkowitz asked if the developer's suggested rent of $1,500 per month is accurate, considering the market study suggests that rents of $1,750 per month could be supported. Mr. Lewandowski replied that rents will be set at whatever the going market rate may be at the time. Acting Chairman Berkowitz introduced Mike Brandt, consultant for the applicant. Mr. Brandt stated that he concurs with the staff report and that they have been working hard during the last month to address issues raised at the March 7, 2001 public hearing. Acting Chairman Berkowitz opened the public hearing. Acting Chairman Berkowitz introduced Ronald J. Schutz, 2800 LaSalle Plaza, Minneapolis. Mr. Schutz stated that he has been retained by Waltraud Whitmore, property owner to the north. He stated that Ms. Whitmore has not agreed to this development. He stated that developers have been dumping dirt on the subject property over the years which has raised the elevation and increased the drainage onto her property. Mr. Schutz stated that the dumping of the dirt constitutes criminal trespass and they intend to take every legal action to prevent further harm to the Whitmore property. Acting Chairman Berkowitz introduced Bob Burmaster of 16817 49th Place North. Mr. Burmaster stated that it seems that the "cart is before the horse" with this proposed development. Mr. Burmaster stated that the development would put undue stress on the City's infrastructure. He asked if the trail has been budgeted for. Mr. Burmaster said that development would exacerbate the already low water pressure in the area. He stated that the market figures for the development are unsupported. Mr. Burmaster commented that the density is at the highest allowed and is not compatible with the owner occupied units to the south. Approved Planning Commission Minutes May 16, 2001 Page #5 Acting Chairman Berkowitz introduced Jerry Westby of 4952 Comstock Lane. Mr. Westby stated that the traffic generated from the development would primarily be turning left out of the development, conflicting with the traffic that will eventually head west to the high school. Mr. Westby said that the existing park is not in a good location for car traffic and that the park should be on the north side of Schmidt Lake Road. Mr. Westby was concerned that the changes to the lot lines would impact the wetland and the plans for the building were not yet submitted. Acting Chairman Berkowitz introduced Nils Ytterbo of 16240 49th Place North. Mr. Ytterbo stated that he is concerned about the drainage situation in the area. He has noticed some increase in storm water running through his property after recent storms and is concerned that the proposed development would negatively impact the situation. Acting Chairman Berkowitz closed the public hearing. In response to questions/issues raised regarding drainage and fill, City Engineer Faulkner said that he is aware of fill placed illegally over the last couple years, but is unaware that it has caused any drainage problems. The question of whether the illegal fill constitutes criminal trespassing is an issue for attorneys to work out. Pertaining to infrastructure questions, City Engineer Faulkner stated the City has planned for several roadway improvements over the next several years. The improvements would be needed with or without the proposed development. Director Hurlburt said that the developer would be required to contribute money as park dedication fees for the construction and maintenance of City parks and trails. Their contribution should be enough money to enable the City to complete their portion of the trail on the north side of Schmidt Lake Road. In response to the water pressure issue, City Engineer Faulkner stated that the low water pressure in the area is attributable to the elevation of the Nanterre neighborhood, rather than the number of consumers on a main distribution line. The addition of the proposed development will not compound or otherwise change the system. The system will eventually be looped for improved hydrant pressure with the completion of the link across the golf course property, which is likely to be completed this summer. Acting Chairman Berkowitz asked if there are any new water towers slated for the area. City Engineer Faulkner said that a water tower is being planned for The Reserve site located west of I-494 near Begin Oaks Golf Course. City Engineer Faulkner stated that Schmidt Lake Road is designed to handle a lot more traffic. The 20 -year projection for Schmidt Lake Road is 6,000-7,000 vehicles per day which is below a four -lane standard. Senior Planner Darling stated that the proposed development meets the zoning ordinance parking requirements. They are proposing a space and a half over the requirements plus guest parking. Approved Planning Commission Minutes May 16, 2001 Page #6 Senior Planner Darling stated that the land use classification for this property is Living Area 2 LA -2) which allows for a density of 3-6 units to the acre. The applicant has proposed slightly under six units to the acre. Director Hurlburt stated that the standard for a neighborhood park is that a residential area should be within one-half mile. Senior Planner Darling stated that a number of additional playgrounds are planned in the area. A new playground would be added on the east side of the Seven Greens property. Another new playground would be added inside the Hollydale Golf Course (if it should ever develop) and another park on the south side of Schmidt Lake Road adjacent to Holly Lane is likely to be added as those properties develop. Senior Planner Darling stated that the applicant has submitted the exterior elevation and concept floor plans for the buildings. The builds are proposed to include all stucco for the exterior materials which conforms with ordinance requirements. The buildings are all proposed to be essentially the same in appearance and are similar to the developer's project in St. Louis Park. The lot lines have been pushed back to allow the addition of a deck or three season porch without requesting a variance. Mr. Lewandowski stated that the people occupying units in the St. Louis Park project typically sign a one year lease and a fair amount of them have renewed their leases. He stated that there is obviously turnover when you have rental units. People that rent the units are likely individuals that may be in the process of building a house, corporate people transferring from another state or people going through a change in their life. Mr. Lewandowski said that the units are rental now, but with a good likelihood that some units can be sold by building with the townhome association and management agreement in place. Mr. Lewandowski stated that the fill was placed by a previous developer and the City should have letter of credit to take care of the situation. Commissioner Gaither asked whose responsibility it is to take care of the fill issue. City Engineer Faulkner replied that it really is between the property owners. He stated that there wasn't a huge pile of fill and it shouldn't be causing any drainage issues for the property to the north. Commissioner Gaither asked how the proposed development would affect the drainage to the north and if the applicant needs permission from the property owner to the north to proceed with the development. City Engineer Faulkner replied that the issue of fill being dumped on the northern property is a gray area, and can't imagine it will cause any erosion problems. The proposed development was reviewed considering both the existing and the proposed volumes and flows of stormwater runoff. The existing pond on the west that receives runoff from the south would be dredged and deepened to accommodate the additional water and an additional pond would be constructed to accommodate additional phosphorous removal. The City cannot guarantee that properties outside the floodplain will never flood. Flooding may occur not only because of weather conditions, but also because of blocked drainage pipes or catchbasins. Approved Planning Commission Minutes May 16, 2001 Page #7 Commissioner Reinhardt asked if there is anything in the zoning ordinance prohibiting the developer from moving forward without permission from the property owner to the north. Director Hurlburt responded that the zoning ordinance states that a development can't cause damage to another property. Staff will discuss the issue with the City Attorney before the item goes to the City Council. Commissioner Bobra questioned if there is a need for further study for rental versus owner occupied units and the need for another public hearing. Senior Planner Darling replied that staff has to review a proposal based on the lot layouts as they are; any subdivision can have rental units. The issue of ownership status is outside the purview of the zoning ordinance. A letter from the City Attorney was attached to the staff report. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of an ordinance amending Chapter 21 (zoning ordinance) of the City Code to classify certain land and findings of fact for rezoning of property located west of Vicksburg Lane and north of Schmidt Lake Road. Commissioner Reinhardt stated that Schmidt Lake Road serves as an adequate transition. Children crossing busy roads in Plymouth will be supervised. The proposed units are not low income housing, and shouldn't negatively impact property values. The proposed density is within the ordinance guidelines and that there isn't any overwhelming objection for approval. Commissioner Gaither stated that the proposal is within the zoning ordinance guidelines. He said that he would like to see the issue with the property owner to the north resolved. He stated that he would prefer to see 4 units per acre versus 6 units per acre for the site. Commissioner Gaither commented that staff has done a good job addressing the concerns. Commissioner Neset stated that there isn't an appropriate transition with $300,000 to $400,000 homes on one side of the street and rental units across the road. He said that he likes the development, but is not comfortable with the transition. Commissioner Reinhardt noted that the Comprehensive Plan states that a major roadway is a transition between uses. Commissioner Bobra commented that there should be more study on traffic and marketability issues. Commissioner Berkowitz stated that he will support the motion. Schmidt Lake Road is the transition between the uses. A four lane road is a better transition than backyards or commercial properties and fences. He stated that the reality is we are developing and made decisions with the comprehensive plan and this type is of transition is what was envisioned. With a four-way stop Approved Planning Commission Minutes May 16, 2001 Page #8 and future traffic signal, there will be fewer concerns with crossing than what we see elsewhere in the City. Commissioner Larson stated that she will support the project as there is adequate transition. The units are expensive rental units, and she isn't concerned with people that will be residing in the units. She concurred with Commissioner Gaither that the issues with the property owner to the north should be addressed. Roll Call Vote. 4 Ayes. MOTION approved on a 4-2 Vote. (Commissioners Neset and Bobra voted Nay.) MOTION by Commissioner Reinhardt, seconded by Commissioner Larson recommending approval of a preliminary plat and site plan for Edina Development Corporation for a 98 -unit townhouse development located west of Vicksburg Lane and north of Schmidt Lake Road. Commissioner Berkowitz asked if a condition needs to be added for continuation of the trail on the City outlot. Director Hurlburt replied that only conditions related to this property should be added. The request can be carried forward in the recommendation to the City Council. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Acting Chairman Berkowitz called a recess at 8:35 p.m. and reconvened the meeting at 8:42 p.m. D HARTFORD GROUP, INC. (2001024) Acting Chairman Berkowitz introduced the request by Hartford Group, Inc. for a planned unit development amendment for the Plymouth Continuing Care Community to 1) increase the building size from 36,300 square feet to 42,500 square feet to accommodate additional common areas and amenity areas for residents and 2) to increase parking spaces from 98 to 105 spaces for property located at 16205 36th Avenue North. Planner Stoen gave an overview of the May 8, 2001 staff report. Commissioner Reinhardt asked if the building shape or configuration changed much from the previously approved plan. Planner Stoen replied that there aren't any other changes except for the bump out section of the building. Acting Chairman Berkowitz introduced Bill Griffith, representing the applicant. Mr. Griffith stated that the amendment includes modest revisions to improve the amenities in the large common area of the building. The change would bring the kitchen area to the main level and also the addition of a separate salon and spa. Mr. Griffith announced that the Wedum Foundation will be the owner of the building. He said that there isn't any bottom to the demand for this type of Approved Planning Commission Minutes May 16, 2001 Page #9 facility. Mr. Griffith stated that in accordance with the developer's promise, they are committed to the continual effort of working with the residents of Sugar Hills in addressing lighting and landscaping issues. Commissioner Bobra stated that she agrees with increasing the amenities and the seniors will appreciate it. Commissioner Reinhardt stated that she appreciates the efforts to make some of the units affordable. Acting Chairman Berkowitz opened and closed the public hearing as there was no one present to speak. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt recommending approval of a PUD amendment for the Hartford Group, Inc. to increase the building size from 36,300 square feet to 42,500 square feet and increase parking spaces from 98 to 105 spaces for the Plymouth Continuing Care Community in the Plymouth Marketplace PUD; findings of fact for amending the zoning ordinance text for the Plymouth Marketplace PUD; and, an ordinance amending Chapter 21 of the city code to amend Section 21655.26 for the Plymouth Marketplace PUD, located at the northwest quadrant of Vicksburg Lane and Highway 55. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7 NEW BUSINESS A CANCELLATION OF JULY 4, 2001 PLANNING COMMISSION MEETING MOTION by Commissioner Larson, seconded by Commissioner Reinhardt to cancel the July 4, 2001 Planning Commission Meeting. Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to adjourn the meeting. Vote. 6 Ayes. MOTION approved unanimously. The meeting adjourned at 9:00 p.m.