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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.