HomeMy WebLinkAboutPlanning Commission Minutes 12-05-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
December 5, 2001
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Karl Neset, Kapila
Bobra, Peggy Larson, Roger Berkowitz and David Gaither
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Manager Barb Senness, Senior Planner Shawn Drill, Planner Rebecca Stoen, City
Engineer Ron Quanbeck, and Office Support Specialist Ranelle Gifford
1. CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Bobra, seconded by Commissioner Larson to approve the
November 7, 2001 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved.
5 CONSENT AGENDA
A UNITED PROPERTIES (98169)
Chairman Stulberg introduced the request by United Properties for extension of
development approvals for Phase 2 construction of Plymouth Woods Office Center
located southeast of 34th Avenue and Fernbrook Lane.
MOTION by Commissioner Bobra, seconded by Commissioner Gaither to approve the
request by United Properties for an extension of development approvals for Phase 2
construction of Plymouth Woods Office Center located southeast of 34th Avenue and
Fernbrook Lane. Vote 6 Ayes. MOTION approved unanimously.
B CONTINENTAL PROPERTY GROUP (2001130)
Chairman Stulberg introduced the request by Continental Property Group for a Site Plan
Amendment and Variance for property located at 13505 Industrial Park Boulevard.
Approved
Planning Commission Minutes
December 5, 2001
Page 2
MOTION by Commissioner Bobra, seconded by Commissioner Gaither to approve the
request by Continental Property Group for a Site Plan Amendment and Variance for
property located at 13505 Industrial Park Boulevard. Vote. 6 Ayes. MOTION
approved unanimously.
C BERNHARD AND ANNETTE VANLENGERICH (2001137)
Chairman Stulberg introduced the request by Bernhard and Annette VanLengerich for a
Variance to allow redevelopment of a non -conforming lot at 1855 Troy Lane North.
MOTION by Commissioner Bobra, seconded by Commissioner Gaither to approve the
request by Bernhard and Annette VanLengerich for a Variance to allow redevelopment of
a non -conforming lot at 1855 Troy Lane North. Vote. 6 Ayes. MOTION approved
unanimously.
D TOLL GAS AND WELDING SUPPLY (2001141)
Chairman Stulberg introduced the request by Toll Gas and Welding Supply for a Site Plan
Amendment for a 3,000 -gallon liquid nitrogen storage tank at 4700 Nathan Lane.
MOTION by Commissioner Bobra, seconded by Commissioner Gaither to approve the
request by Toll Gas and Welding Supply for a Site Plan Amendment for a 3,000 -gallon
liquid nitrogen storage tank at 4700 Nathan Lane. Vote. 6 Ayes. MOTION approved
unanimously.
6 PUBLIC HEARINGS
A MIND BODY SOLUTIONS (2001140)
Chairman Stulberg introduced the request by Mind Body Solutions for a Planned Unit
Development amendment to allow a yoga studio located at 2950 Xenium Lane North.
Planner Rebecca Stoen gave an overview of the November 21, 2001 staff report.
Chairman Stulberg opened the Public Hearing.
Chairman Stulberg introduced Thomas Anderson, 3005 Rosewood Lane. Mr. Anderson
stated he felt the request was for a rezoning or reuse. Mr. Anderson indicated that when
something has been zoned, he doesn't understand the reasoning of rezoning. He also
stated he is opposed to the request. Mr. Anderson stated he feels there are several other
locations that may be more suitable for this request. Mr. Anderson stated this might open
the door for others that may not be an allowed use. He stated the existing businesses are
daytime office hours whereas the yoga studio would be more evening hours. Mr.
Anderson stated he doesn't feel changes should be made for one particular party's interest.
Approved
Planning Commission Minutes
December 5, 2001
Page 3
Chairman Stulberg closed the Public Hearing.
Commissioner Berkowitz stated more information regarding the specific type of business,
hours of operation, etc. was needed.
Chairman Stulberg stated as the applicant, for unforeseen reasons, was not in attendance
to address the issues raised, the item could possibly be tabled.
MOTION by Commissioner Berkowitz, seconded by Commissioner Larson to table the
request by Mind Body Solutions for a Planned Unit Development amendment to allow a
yoga studio located at 2950 Xenium Lane North to the December 19, 2001 Planning
Commission Meeting. Vote. 6 Ayes. MOTION approved unanimously.
B CITY OF PLYMOUTH (2001138)
Chairman Stulberg introduced the request by the City of Plymouth for a Comprehensive
Plan Amendment to the Water Supply and Distribution Plan for water storage alternatives.
The amendment would 1) delete the elevated water tower proposed east of Pomerleau
Lake in the northwest corner of The Reserve Planned Unit Development and 2) add a
ground storage facility on the City -owned property at the northwest corner of Schmidt
Lake Road and Vicksburg Lane.
Planning Manager Barb Senness gave an overview of the November 30, 2001 staff report.
Chairman Stulberg opened and closed the Public Hearing, as no one was present to speak
on the item.
MOTION by Commissioner Gaither, seconded by Commissioner Bobra to approve the
request by the City of Plymouth for a Comprehensive Plan Amendment to the Water
Supply and Distribution Plan for water storage alternatives. Roll Call Vote. 6 Ayes.
MOTION approved unanimously.
7 GENERAL BUSINESS
A SVK DEVELOPMENT, INC (2001107)
Chairman Stulberg introduced the request by SVK Development for Rezoning from FRD
Future Restricted Development) to RSF-4 (Single and Two Family) and Preliminary Plat
for a 32 -unit twinhome development to be called "Hidden Terrace Townhomes" for
property located east of Fernbrook Lane and
46th Place North. This item was tabled from
the October 17, 2001 and November 7, 2001 Planning Commission Meetings.
Senior Planner Shawn Drill gave an overview of the November 28, 2001 staff report.
Approved
Planning Commission Minutes
December 5, 2001
Page 4
Chairman Stulberg identified a letter submitted by Jerry Lee Fischer, and indicated it is
now part of the public record.
Chairman Stulberg stated they could remove the existing MOTION on the table and start
fresh or vote on it now.
MOTION by Commissioner Gaither, seconded by Commissioner Neset to remove the
existing motion already on the table. Vote. 6 Ayes. MOTION approved unanimously.
Chairman Stulberg introduced Jeremy Boots of Landform Engineering. Mr. Boots stated
he concurred with the conditions of the November 28, 2001 staff report.
Chairman Stulberg stated this is not a Public Hearing as it was already closed at the
previous meeting. Chairman Stulberg indicated the hearing is officially closed, however if
anyone wishes to speak on the item they may, but asked that any new testimony be related
to the new plan or new items that haven't been discussed previously.
Chairman Stulberg introduced John Medeck, 14100
46th Place North. Mr. Medeck stated
he had a couple of questions on the new plan. He asked what type of equipment would be
used to plant new trees, stating he had concerns with large equipment that would damage
the existing trees. Mr. Medeck asked what the advantage is of planting new trees while at
the same time destroying existing trees. Mr. Medeck stated he disagreed with the tree
count on the plan. He stated there are more than 12 hardwood trees.
Chairman Stulberg introduced Angie Nash, 14145 -46th Place North. Ms. Nash stated she
has concerns with safety issues. She stated the lots are small and the homes are close to
the road in Hilltop. She stated the added traffic raises serious concerns with her. Ms.
Nash stated she would like to see these issues addressed by the developer.
Chairman Stulberg introduced Kermit Nash, 14145 -46th Place North. Mr. Nash stated he
reviewed the staff recommendations and new proposal and didn't see much of a change
from the previous plan. Mr. Nash stated some key issues that concern him are tree
preservation and increased noise. He stated buildings do not necessarily block sound
better than trees. Mr. Nash indicated some of the goals of the Comprehensive Plan are
minimum standards. He stated the traffic and noise would be a major issue affecting his
property. Mr. Nash stated the increased traffic from bringing in fill for the construction of
the development will destroy the roads, not to mention the added traffic from the
development. Mr. Nash stated concerns with these units becoming rental units and the
possible problems that may arise from that situation. Mr. Nash stated he was not
impressed with the proposed development. He stated he feels there is a better use for this
property. Mr. Nash urged the Commissioners to recognize his property rights as well as
the petitioner's rights.
Approved
Planning Commission Minutes
December 5, 2001
Page 5
Chairman Stulberg introduced Jerry Lee Fischer, 4630 Fernbrook Lane North. Mr.
Fischer stated he felt the hardwood tree count was closer to 28, rather than 12 as shown
on the plan. Mr. Fischer stated he does not like the proposed development. Mr. Fischer
proposed deleting 3 buildings to spare some of the trees and bring the road further into the
development. Mr. Fischer stated the retaining walls would have a negative impact on the
trees that are close to the walls. Mr. Fischer indicated his home is stuck in the middle of
this development. He stated his concerns with preserving the topsoil, which is imperative
to the survival of trees. Mr. Fischer stated headlights would be directed onto the side of
his house. He asked if any fencing could be considered to block the headlights. Mr.
Fischer raised concerns he has with drainage issues.
Chairman Stulberg introduced Don Peterson, 1920 Shenandoah Court. Mr. Peterson
stated he worked with the developer of Hilltop of Plymouth. He stated there is an existing
easement that was for access to the property at Hilltop of Plymouth. Mr. Peterson stated
the easement is now being developed under this proposal. Mr. Peterson stated he wanted
to make sure the easement would be vacated with the approval of this proposed
development.
Chairman Stulberg introduced Steve Johnston of Landform Engineering. Chairman
Stulberg asked him to address the type of equipment to be used to plant new trees. Mr.
Johnston stated their plan was to plant longer living trees. He stated they would be
planted using a small scoop on the back of a bobcat. Mr. Johnston stated the underbrush
may be disturbed but long term, there wouldn't be any major damage to the woods. Mr.
Johnston indicated there was some debris that needed to be removed also.
Chairman Stulberg asked if planting the trees somewhere else, to eliminate the possibility
of damage was an option. Mr. Johnston stated they were trying to restore the woods with
a more permanent tree. He stated that boxelders don't have a long life compared with
maples.
Chairman Stulberg asked Senior Planner Drill to address the tree count along the road.
Senior Planner Drill stated the applicant supplied the tree inventory. Senior Planner Drill
stated the City Forester Paul Buck inspected and compared his count with the plan and
stated it was 99.5% accurate. Senior Planner Drill stated the plan shows 2 elms, several
boxelders, 2 cottonwoods and a white oak. He stated the tree inventory doesn't show any
red oaks.
Mr. Johnston stated the surveys are done by identifying the trees and tagging them with a
marker. He stated the survey crew then goes back out and takes the markers off the trees,
noting the location, size and type on the survey.
Director Anne Hurlburt stated that earlier a question was raised about the possibility of
the road being moved further to the east to allow for more trees to be saved. Director
Hurlburt asked Mr. Johnston to address this option.
Approved
Planning Commission Minutes
December 5, 2001
Page 6
Mr. Johnston stated as you move to the east, you start going down the hill and would only
be swapping trees from one side of the road to the other.
Chairman Stulberg asked if there was any way to fit in any more trees along the roadway.
Mr. Johnston stated they could plant more, however the plan shows the trees about 25
feet apart to accommodate their future mature size. Mr. Johnston stated they could plant
the trees closer together using a different type of tree or they could move the trees and
replant them.
Chairman Stulberg asked City Engineer Ron Quanbeck to address any safety or traffic
issues.
City Engineer Quanbeck stated the traffic through the Hilltop Development was designed
for this specific land -use. He stated the traffic volumes are similar to any local street. City
Engineer Quanbeck stated the traffic levels are what were anticipated for this development
when it was proposed.
Senior Planner Drill stated the street width is 28 feet. He stated that a narrower street
promotes traffic calming. Senior Planner Drill stated the road not being wide enough to
pass, if a car is parked causes the traffic to slow down.
Chairman Stulberg asked Mr. Johnston to address the grading and traffic issues.
Mr. Johnston stated 35,000 cubic yards is a reasonable estimate of the amount of fill
needed for the project. He stated this is needed to maintain the elevation. He stated this
would total approximately 1,750 loads. The truck traffic would be limited to the
construction period and would not be stretched out over a prolonged period of time. Mr.
Johnston stated they would comply with the road restrictions for weight limits. Mr.
Johnston stated the topsoil would be spread around the site and none would leave the site.
Chairman Stulberg asked City Engineer Quanbeck to address the streets and what, if any,
negative impact the hauling may have.
City Engineer Quanbeck stated the streets are designed to take a certain level of traffic
and he didn't feel this would cause any damage. City Engineer Quanbeck stated if there is
damage, the developer would be required to put up a financial guarantee that would cover
any cost to repair damages.
Chairman Stulberg asked Mr. Johnston to address the retaining wall issues that were
raised.
Approved
Planning Commission Minutes
December 5, 2001
Page 7
Mr. Johnston stated the retaining walls are in an area where there aren't any trees. He
stated the impact zone was addressed and he doesn't feel any trees will be lost because of
the retaining walls.
Chairman Stulberg asked about the curve of the road towards Mr. Fischer's property in
regards to the headlight problem.
Mr. Johnston stated the are willing to consider plantings and berms to address the problem
of headlights.
Chairman Stulberg asked City Engineer Quanbeck to address the location of the road that
would provide access to Mr. Fisher's property if it is ever subdivided in the future.
City Engineer Quanbeck stated that a future developer would want the road to placed so
that homes could be on both sides.
Chairman Stulberg asked Senior Planner Drill to address the issue of the private easement.
Senior Planner Drill stated the private easement is addressed on item 16 of the resolution.
He stated the easement would need to be vacated prior to the filing of the final plat.
Director Hurlburt stated that the possibility of these dwellings being used as rental units
was raised. Director Hurlburt stated zoning couldn't control whether property is used for
rental units. She also stated there is no bar on any resident of Hilltop of Plymouth to rent
out their property. Director Hurlburt stated these units would rarely be a rental situation.
She stated the City licenses all rental properties and performs inspections.
Mr. Johnston stated these units are different from duplexes where there are two units on
one property. He stated these are each on their own piece of property.
Commissioner Bobra asked how long the construction would take.
Mr. Johnston stated the initial construction, which includes grading, would be one season.
He stated the build out of the homes is market driven. Mr. Johnston stated the major
impact would be one construction season.
Commissioner Neset asked what the square footage of the units would be and what their
market value will be.
Mr. Johnston referred the question to the developer, Mr. Curry. Mr. Curry stated the
upper and lower levels are 2,500 square feet and the units are valued at $325,000 —
350,000.
Commissioner Larson asked if a speed hump could ease the traffic concerns on 46th Place.
Approved
Planning Commission Minutes
December 5, 2001
Page 8
Director Hurlburt stated the City would not suggest a speed hump in a residential
neighborhood and that there were other alternatives.
City Engineer Quanbeck stated there are pros and cons to speed humps but doesn't feel
the City should make plans to install them to alleviate traffic concerns.
Commissioner Larson asked if it is possible to time the truck traffic to reduce the impact
of traffic on 46th Place. Mr. Johnston stated the hours are restricted by the City, 7:00 a.m.
to dusk. Mr. Johnston stated they could consider some reasonably restricted times.
City Engineer Quanbeck stated the hours are 7:00 a.m. to sundown weekdays, 8:00 a.m.
to 6:00 p.m. Saturdays and no work on Sunday.
Commissioner Larson stated the City has some hefty fines for developers when trees do
not survive and questioned where the fines go.
Senior Planner Drill stated fines are placed in the tree preservation fund which is city-
wide and wouldn't necessarily be put back into this development.
Director Hurlburt stated they wanted to make sure there is an incentive to preserve the
trees. She stated the penalty is a greater incentive to avoid damaging trees in the first
place. Director Hurlburt stated the City uses the fines as it sees fit.
Commissioner Gaither stated he felt the new plan is an improvement from the prior plan
and is inclined to make a motion for approval.
Commissioner Berkowitz stated he doesn't feel he can support this motion. He stated the
key issue is the transitional nature that he feels is backward. Commissioner Berkowitz
stated using a lower density as an avenue to enter a higher density doesn't make sense.
He stated it should be the other way around. Commissioner Berkowitz stated if Mr.
Fischer's property wasn't there, this development could come right in with no issues with
Hilltop of Plymouth. He stated Mr. Fischer's property is there and isn't going anywhere.
MOTION by Commissioner Gaither, seconded by Commissioner Neset to approve the
request by SVK Development for rezoning from FRD to RSF-4 and Findings of Facts for
the Rezoning. Roll Call Vote. 5 Ayes. MOTION approved on a 5-1 Vote.
Commissioner Berkowitz voted nay.)
MOTION by Commissioner Gaither, seconded by Commissioner Larson to approve the
request by SVK Development for a Preliminary Plat for a 32 -unit twinhome development
for property located east of Fernbrook Lane and 46th Place North. Roll Call Vote. 5
Ayes. MOTION approved on a 5-1 Vote. (Commissioner Berkowitz voted Nay.)
Approved
Planning Commission Minutes
December 5, 2001
Page 9
Chairman Stulberg indicated the Petitioner for Item 6A was now present, stating there was
some confusion on what time the Planning Commission meeting started. Chairman
Stulberg asked the Commissioners if they would like to make a motion to untable the item
and address it tonight.
MOTION by Commissioner Berkowitz, seconded by Commissioner Larson to take Item
6A off the table. Vote. 6 Ayes. MOTION approved unanimously.
Chairman Stulberg introduced the applicant Mr. Sanford. Mr. Sanford apologized for
being late, indicating he thought the meeting started at 8:00 p.m.
Chairman Stulberg asked the applicant to address concerns that this business would not
operate similar to an office during the day hours, but have more evening hours.
Mr. Sanford stated they are trying to position themselves to support the surrounding
businesses. He stated peak time would be from 5:00 p.m. to 6:30 p.m., 7:00 p.m. to 8:30
p.m. and possibly as late as 9:00 p.m. Mr. Sanford stated classes are about 1-'/z hours in
length. Mr. Sanford stated their main clients would be from the surrounding area
businesses.
Chairman Stulberg asked how many people attend a class at one time.
Mr. Sanford stated an average class would be 10 people. He stated they hope to expand
to 10-25 people a class with a maximum of 30 people on the weekend. Mr. Sanford
indicated the space could only hold a maximum of 40 people.
Chairman Stulberg asked Planner Stoen if there were any restrictions on the hours of
operation.
Planner Stoen stated there were no restrictions.
Chairman Stulberg asked what the hours of operation would be.
Mr. Sanford stated the hours weren't set yet but would most likely be early morning to
approximately 9:30 p.m. He stated Saturday morning 8:30 a.m. to late afternoon
depending on how many classes they have. He stated Sundays would be later morning
and again closing depending on how many classes were scheduled. He stated the hours
would be market driven.
Director Hurlburt asked if the schedule would be comparable to Lifetime Fitness where
the classes are stacked one right after another from early morning to late evening.
Approved
Planning Commission Minutes
December 5, 2001
Page 10
Mr. Sanford stated it would take time to build up a client base. He stated there might be
one class in the morning and one in the afternoon. He stated they will not be stacked and
will not be constant, especially during the day when most people are working.
Commissioner Bobra asked if the applicant runs any other yoga studios in other locations.
Mr. Sanford stated this would be his first business. He indicated they teach some on -sight
classes but are looking to find a location to expand.
Commissioner Bobra asked if the weekends would be busier.
Mr. Sanford stated he is hoping it will be busy on the weekend. He stated there is a
maximum number of people they can have in one class.
Mr. Sanford stated he is willing to work with people that may have issues with this
request.
Chairman Stulberg asked Planner Stoen to address the questions that were raised
regarding rezoning.
Planner Stoen stated the Planned Unit Development Amendment is not a rezoning. She
stated it is to allow an additional use and it does not open it up to other types of uses.
Planner Stoen noted the existing uses are light industrial, warehouse, and office types,
which this type of business would fit into.
Chairman Stulberg asked if a fast food business could come in without again amending the
Planned Unit Development.
Planner Stoen stated it was unlikely the City would support a request of that type,
however they too would have to go through the same process. Planner Stoen stated if the
yoga studio moved, another yoga studio would be allowed as well as one of the currently
permitted uses. The Planned Unit Development Amendment specifically states a yoga
studio so another use such as a dance studio would not be included in this amendment.
Planning Manager Senness stated that in the Industrial Zoning Districts, this use would be
allowed as a Conditional Use as long as it meets certain conditions. She stated because
this is in a Planned Unit Development, the request is handled differently.
Commissioner Berkowitz asked if the request applied to just this space or the entire
development.
Planning Manager Senness stated it applies only to this space.
Approved
Planning Commission Minutes
December 5, 2001
Page 11
Commissioner Berkowitz asked if the hours of operation would change, as the business
becomes more successful.
Mr. Sanford stated if their success required more hours then they would probably move to
a larger location.
MOTION by Commissioner Bobra, seconded by Commission Larson to approve the
request by Mind and Body Solutions for a Planned Unit Development Amendment to
allow a yoga studio located at 2950 Xenium Lane North. Roll Call Vote. 6 Ayes.
MOTION approved unanimously.
8 NEW BUSINESS
A CITY OF PLYMOUTH
Chairman Stulberg introduced the request by the City of Plymouth to approve the 2002
Planning Commission Meeting Schedule.
MOTION by Commissioner Gaither, seconded by Commissioner Bobra, to approve the
2002 Planning Commission Meeting Schedule. Vote. 6 Ayes. MOTION approved
unanimously.
9 ADJOURNMENT
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to adjourn.
Vote. 6 Ayes. MOTION approved unanimously. The meeting adjourned at 8:55 p.m.