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HomeMy WebLinkAboutPlanning Commission Minutes 05-03-2000Approved Minutes City of Plymouth Planning Commission Meeting May 3, 2000 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Kapila Bobra, Roger Berkowitz, Karl Neset, John Stoebner, and Sarah Reinhardt MEMBERS ABSENT: None STAFF PRESENT: Community Development Director Anne Hurlburt, Planners John Rask and Kendra Lindahl, 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 Stoebner, seconded by Commissioner Reinhardt to approve the April 12, 2000 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved unanimously. 5 Consent Agenda A SCOTT AND MARY LINNELL (20036) MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval of a variance to allow construction of a porch addition for Scott and Mary Linnell for property located at 9960 26t11 Avenue North. Vote. 7 Ayes. MOTION approved unanimously. B DAVE AND ARLENE TOURVIL,LE (20046) MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval of a pool setback variance for Dave and Arlene Tourville for property located at 4625 Yorktown Lane North. Vote. 7 Ayes. MOTION approved unanimously. C JAMES AND BARBARA EVENSON (20049) MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval of a side yard setback variance for James and Barbara Evenson for property located at 11710 53rd Avenue north. Vote. 7 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS Approved Planning Commission Minutes May 3, 2000 Page #2 A SUNRISE PARK DEVELOPMENT LLC (20022) Chairman Stulberg introduced the request by Sunrise Park Development LLC for a rezoning from RSF-2 (Single Family Detached 2) to RSF-4 (Single and Two Family) and a preliminary plat for 40 twinhome units located south of 34th Avenue and east of Pilgrim Lane. Planner Lindahl gave an overview of the April 27, 2000 staff report. Planner Lindahl pointed out that while the proposal is for 40 units, staff is recommending that the four units adjacent to Highway 169 be eliminated and the land be consolidated with lots 31-34. Commissioner Bobra asked what the reasoning is for staff's recommendation of the elimination of the four units. Planner Lindahl stated the four units are isolated from the rest of the proposed development and would not be consistent with the purpose and intent of the Comprehensive Plan and Zoning Ordinance. Specifically, the units would not be consistent with the stated purposes of the Zoning Ordinance to 1) ensure orderly and quality development, 2) protect the quality of the residential neighborhoods and 3) ensure compatibility between different land uses. Commissioner Bobra asked what would go in the vacant lots if the units were eliminated. Planner Lindahl replied that staff s recommendation is the land be consolidated with lots 31-34. Commissioner Berkowitz asked if any consideration was given to excluding that portion of the site from the rezoning and allowing single family homes on Highway 169. Planner Lindahl stated that the Planning Commission can recommend changes to the proposal, but staff wouldn't recommend that option for the same reasons that they are recommending that the twinhome units be eliminated. Commissioner Reinhardt asked why the emergency access road is required. Planner Lindahl explained that the Subdivision Regulations require an emergency access when a cul-de-sac exceeds 500 feet in length. She said that the 20 -foot wide easement allows for both the trail and the emergency road access. Commissioner Reinhardt asked if staff forecasts a great increase in peak hour traffic. Planner Lindahl replied that traffic should be consistent with what has been planned for in the Land Use Guide Plan and Transportation Plan—roughly 300 additional trips per day. Commissioner Bobra asked if there would be more traffic if the site was commercial. Planner Lindahl replied affirmatively. She said that the proposed twinhome development would generate significantly less traffic than a commercial use and slightly less traffic than a single family development. Commissioner Neset asked how long the site has been zoned for single family dwellings. Planner Lindahl replied since 1985. She said that prior to 1996, this site was zoned R -IA (Low Density Single Family Residential) and R-4 (High Density Multiple Residence), but it didn't Approved Planning Commission Minutes May 3, 2000 Page #3 match the LA -1 guiding so it was changed in 1996. She said that the site hasn't been developed because of the constraints of the site. Commissioner Stein asked what would trigger an EAW. Planner Lindahl replied that a mandatory EAW is required for a proposal of at least 375 units. She stated that an EAW reviews a project for significant environmental impacts. Commissioner Stein asked if treatment ponds are required. City Engineer Faulkner stated that treatment ponds are required and the developer is proposing four water quality treatment ponds. City Engineer Faulkner explained the drainage pattern. Commissioner Stein asked if 31st Avenue is designed to handle the amount of increased traffic. City Engineer Faulkner replied affirmatively. Commissioner Stein asked if the road was designed for the additional development. City Engineer Faulkner replied affirmatively. Commissioner Stein asked where people will park for the ballfields located along 34th Avenue. City Engineer Faulkner stated that the parking issue is separate from this development. Planner Lindahl stated that the parking problem is an existing condition, which will have to be looked at further. Commissioner Bobra asked about the wildlife issues raised by residents. Planner Lindahl stated that when vacant land is developed the wildlife relocate elsewhere, but many birds and squirrels would remain. Chairman Stulberg introduced Arnie Zachman, the applicant. Mr. Zachman presented floor plans for the proposed development. He also presented samples for the shingles, facia, soffits and siding. Mr. Zachman stated that marketing will be geared toward empty -nesters. The proposed units will be set back the same as the majority of the houses along Highway 169. Mr. Zachman presented a plan that included a 6-8 foot berm and plantings along Kilmer Lane to help with sound from Highway 169. He said that they could also put triple pane windows on the front and side of the homes along Highway 169 to help with the sound. Mr. Zachman stated that the four units along Highway 169 could be excluded from the homeowner's association; therefore, they would be responsible for their own maintenance. Mr. Zachman said that he spoke with residents regarding their concerns and would be willing to place a six-foot cedar fence along a portion of the trail/emergency access. Mr. Zachman stated that he would be willing to provide a crushed rock trail/emergency access as requested by the neighbors. Commissioner Reinhardt asked where construction traffic would enter the site. Mr. Zachman said that construction traffic would most likely come from 34th Avenue to Pilgrim Lane to 31st Avenue. Commissioner Reinhardt asked if the applicant considered any other alternative besides extending 31st Avenue. Mr. Zachman said that they worked with four different plans, but it is difficult because of the wetlands. Director Hurlburt asked how the four units would finance repairs of their units without an association. Mr. Zachman replied that the units would have zero lot lines and carry their own Approved Planning Commission Minutes May 3, 2000 Page #4 insurance. Director Hurlburt stated her concern of not thinking ahead relating to repairs of units causes problems to the homeowners. Director Hurlburt asked the applicant where the six-foot fence would go and who would be responsible for construction and maintenance of the fence. Mr. Zachman pointed out on the map where the proposed fence would be placed. He said that the association would own the fence and be responsible for maintenance. Director Hurlburt commented that staff has not seen anything from the applicant pertaining to the crushed rock fire lane access and stated that the access has to function as a fire lane and needs to be paved. She said that staff wouldn't recommend that the City accept the applicant's proposal as an alternative. She stated that staff has not seen any revised plans from the applicant and the recommendation for the proposal is based on the plan that was submitted by the applicant and included in the staff report. Commissioner Bobra asked what the selling price would be for the proposed units. Mr. Zachman said that the price range would most likely be $225,000 to $250,000. Commissioner Stein asked what the build out time would be. Mr. Zachman said that the project would take two to three years to complete. He said that all the infrastructure would go in right away. Chairman Stulberg questioned where the majority of trees would be removed from the site. Mr. Zachman replied that trees would be removed for the road, cul-de-sac area and where the units would be built. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated May 3, 2000 from Dr. Deborah Shatin Rubenstein and Joe Rubenstein of 10030 30th Avenue North; a letter dated May 3, 2000 from David R. Hall of 3315 Pilgrim Lane North; a letter from Jay Duggan of 3320 Pilgrim Lane; an e-mail dated May 1, 2000 from Pam Bushman of 9900 31st Avenue North; an e-mail dated May 1, 2000 from Michael and Julie Paidar of 9890 31st Avenue North; an e-mail dated May 1, 2000 from Jon and Pat Bolen of 3260 Pilgrim Lane North; and, an e-mail dated May 2, 2000 from Wayne and Michelle Corrigan of 3230 Pilgrim Lane North. Chairman Stulberg introduced Adrienne Baranauskas of 3250 Pilgrim Lane North. Ms. Baranauskas declined to speak at this time. Chairman Stulberg introduced Mark Bornchill of 9905 31st Avenue North. Mr. Bornchill stated that his parents live in a similar development and are known as "empty nesters" but, they have a lot of children and grandchildren that visit often which in fact brings in more traffic than his single family unit. Mr. Bornchill said that the area has a lot of children walking on the streets to get to Sunrise Park. Mr. Bornchill said that it would be more appropriate to make the traffic go out to 34th Avenue. He stated that the streets are thin and narrow and can't handle heavy traffic. Mr. Bornchill offered that the Trenton Ponds and Cherry Hill Homeowners Associations sued Approved Planning Commission Minutes May 3, 2000 Page #5 Zachman Homes because of promises that were made and never delivered. Mr. Bornchill commented that the City should be concerned with who they allow to develop in the City. He said that the proposal will destroy the quality of our neighborhood. Chairman Stulberg introduced Jay Duggan of 3320 Pilgrim Lane. Mr. Duggan stated that staff told him that it is their job is to gather the facts and make sure that the developer complies with the ordinance. Chairman Stulberg explained that the Planning Commission and City Council look at all information presented and make their own decision based on the staff report and testimony given. He said that staff report is written to help the Commission interpret the Zoning Ordinance. Mr. Duggan said that he doesn't understand how staff came to the conclusion to recommend approval of the proposal. He said that by increasing the densities staff feels they are filling a need for empty nesters. Mr. Duggan stated that the area already has one of the busiest two-lane corners ( 36t Avenue and Kilmer Lane at Highway 169) in the City. He said that the highway access to Highway 169 at Medicine Lake Road is probably the worst in City. He said that heavy equipment mixed with bus traffic for three schools compounds an already dangerous traffic situation. Mr. Duggan commented that every other mixed development in the City dumps into a four lane highway. He said that the parking issues along the ballfields on 34th Avenue need to be addressed before this proposal is acted upon. Mr. Duggan stated that single family homes don't generate any more or less traffic than "empty nester" units. Mr. Duggan stated that the water runoff will increase into the Kilmer Park area. He said that this area already has the poorest drainage and watershed infrastructure in the City. Mr. Duggan stated that the construction will drive away the wildlife in the area. Mr. Duggan stated that the residents should have been informed of all site plans that were considered for the site. He said that the residents should have more time to work with the developer. He asked why the City is requiring a fire lane access. Mr. Duggan said that he would like to see the zoning stay the same, and doesn't understand why single family homes can't be built on the site. Mr. Duggan said that the Commissioners should come into the neighborhood to see the traffic and experience trying to get on to Highway 169 at Medicine Lake Road. He said that there needs to be a left turn lane to Kilmer Lane at 36th Avenue. Chairman Stulberg Liz Gerich of 3220 Pilgrim Lane. Ms. Gerich concurred with Mr. Duggan. Ms. Gerich stated that there aren't any sidewalks in the neighborhood so residents have to walk on the streets. She said that there is a lot of pedestrian and bike traffic along Pilgrim Lane. She said that additional traffic in the area will be a safety issue. Chairman Stulberg introduced Richard Glassman of 9910 29th Avenue North. Mr. Glassman said that he concurs with the issues raised already by the residents. He asked why the earlier Approved Planning Commission Minutes May 3, 2000 Page #6 plan that included a road running parallel to 34th Avenue was eliminated. He said that access onto 34th Avenue would be better. Chairman Stulberg introduced Donna Leonhardt of 9640 28th Avenue North. Ms. Leonhardt stated that she is concerned with additional traffic from the proposed development. She said that she counted 97 cars in a half-hour time slot and only 27 of them stopped at the stop sign. She stated that she is also concerned with water runoff from the proposed development. She said that Kilmer Lane already floods when it rains. Chairman Stulberg introduced Julie Paidar of 9890 31st Avenue. Ms. Paidar commented that everything might look fine on paper, but the Commission needs to consider the residents' viewpoint, as they live that traffic situation everyday. Ms. Paidar said that they bought in the area because it was a cul-de-sac and entrance to Sunrise Park. She said that they bought their home knowing that it was zoned for single family homes. Ms. Paidar asked why there is a need to change the current zoning when other areas of Plymouth are already zoned for twinhomes. Ms. Paidar commented that Councilman Brad Brown said that the site contains 6 areas of buildable land. She asked how many acres the 22 lots sit on and what the density of the site would be. She said that she finds it hard to believe there is 2.7 units per acre. Ms. Paidar stated that it appears that there will be more than 40% tree removal. She said that the proposed development will certainly increase the water runoff on 28th Avenue, which is already a bad situation. Ms. Paidar said that the City should check out the accountability of the developer. Chairman Stulberg introduced Marilyn Stalheim of 3210 Pilgrim Lane. Ms. Stalheim said that there is heavy foot traffic in the neighborhood. She commented that she has enjoyed the quality of life and the wildlife in the area and doesn't want to see it destroyed. She said that there is too much asphalt in our lives today. Ms. Stalheim said that the roads and drainage could be improved in the area. Ms. Stalheim asked the Commission to consider carefully what this development would do to the City. Chairman Stulberg introduced Dennis Westly of 3020 Kilmer Lane. Mr. Westly said that he is concerned with the increased water runoff that the proposal would generate. He said that a 15 - inch pipe won't hold the increase in water. Mr. Westly stated that traffic in the area is getting more congested. He commented that a fire truck won't be able to handle the proposed zig-zag road. He asked why the site can't be left zoned for single family dwellings. Mr. Westly encouraged the Commission to check the site out. Chairman Stulberg introduced Jeff Baill of 2940 Pilgrim Lane. Mr. Baill stated that his biggest concern is the traffic. He said that the previous proposal would have drawn traffic away from their neighborhood and stated the option should be considered. Chairman Stulberg introduced Brent Nelson of 9941 Medley Circle, Golden Valley. Mr. Nelson said that he owns a unit in the Medley Hills development which was constructed by Zachman Homes. He said that they currently have 33 units and the area is still under construction, but the wildlife have remained in the area. Mr. Nelson said that residents along Flag Avenue had Approved Planning Commission Minutes May 3, 2000 Page #7 concerns about the Medley Hills development, but the development has increased their property values. Chairman Stulberg introduced Lonnie Hartley of 3340 Pilgrim Lane North. Mr. Hartley asked how this development could be good for Plymouth. He said that the people that move in will have to put up with the traffic and it will be terrible for everyone. He said that the residents are not complaining about property values and the issues have nothing do with money. Mr. Hartley said that it is a matter of the residents maintaining their quality of life. Chairman Stulberg introduced Pam Bushman of 9900 31st Avenue North. Ms. Bushman commented that the trees act as a noise barrier for her property, and asked what happens when they are removed. She said that the concerns from the existing residents need to be considered by the developer. Chairman Stulberg introduced Laurence Weisberg of 9900 29th Avenue. Mr. Weisberg concurred with all concerns raised by the residents. He said that he is concerned with increased water runoff and traffic safety issues. Chairman Stulberg introduced Adrienne Baranauskas of 3250 Pilgrim Lane North. Ms. Baranauskas stated that she is concerned with environmental issues and has collected 25 signatures for a petition to consider the need for an EAW. Chairman Stulberg closed the public hearing. Commissioners stated that they visited the site and most of them tried to gain access onto Highway 169 at Medicine Lake Road. Chairman Stulberg explained that anyone can propose a plan to the City for consideration. He said that background checks aren't performed on applicants or developers. He said that homeowners are often the applicant. In response to drainage issues/concerns, City Engineer Faulkner presented the 1980 storm drainage plan and stated that the plan accommodates future developments. He pointed out the ponding area which the drainage currently flows into. He said that additional development has been taken into account and the control structure can accommodate it. City Engineer Faulkner said that residents can petition the City for storm sewer upgrades, and will be assessed accordingly. He said that proposal will cause an increase in the volume of water runoff, but the discharge rate will remain the same. City Engineer Faulkner explained that holding ponds provide water quality treatment. The ponds are an average depth of 3 feet for the water to set in the ponds for a particular amount of time to remove the phosphorous and then will flow into the bigger wetland. In response to questions regarding a semaphore, City Engineer Faulkner stated that a traffic signal for 36th Avenue and Kilmer Lane is currently slated in the Capital Improvements Program Approved Planning Commission Minutes May 3, 2000 Page #8 CIP) for the Year 2000. He said that the traffic situation at 26th Avenue and Kilmer is about as good as it can be without improvements which would include having to buy out some surrounding property. He stated that MnDot's CIP doesn't have any improvement project scheduled for that area. He explained that MnDot studies didn't warrant a traffic signal at Medicine Lake and Kilmer Lane at the time that they put in a traffic signal on the east side of Highway 169 and 26th Avenue. City Engineer Faulkner stated that traffic from the proposed development won't be very noticeable to the neighborhood. He said that single family dwellings generate 10 trips per day and twinhomes generate 7-8 trips per day. In response to the trail/emergency access road, Planner Lindahl explained that the Development Review Committee (DRC) reviews the plans and makes necessary suggestions. Planner Lindahl stated that the Subdivision Regulations require a secondary access when a cul-de-sac exceeds 500 feet. She stated that rather than require a fire lane and trail, which is a requirement in the Comprehensive Plan, the two were combined to mitigate the impact to the trees and wetlands on the site. She said that the fire department doesn't have any concerns with the proposed emergency access/trail. She said that the Comprehensive Plan has shown a trail in this location for the last 20 years. The trail complies with all the ordinance requirements. Planner Lindahl noted that there are no setback requirements for trails or emergency access. Director Hurlburt stated that the Comprehensive Plan does not show any existing access point to the park. She asked if residents currently cross into private property to get to the park. Planner Lindahl replied affirmatively. In response to questions asked about density and zoning, Planner Lindahl stated that she is not aware of any vacant land zoned RSF-4 in the City. Chairman Stulberg stated there is land guided for such in Northwest Plymouth. Planner Lindahl explained how the density is calculated. She stated that based on density calculations, 44 units would be allowed on the property. She said that the proposal is for 20 buildings (40 units). She said that the 22 units near 31st Avenue are located on approximately 7 acres. Director Hurlburt commented that the ordinance encourages people to cluster developments on the buildable areas of the site to avoid the sensitive areas of the site. She said that density calculations are based on the entire acreage of the site. Planner Lindahl stated the plan that was originally submitted by developer didn't the meet setback requirements or wetland buffer requirements. She said that staff was concerned with the number of trees that would need to be removed from the site. Planner Lindahl stated that the street that was proposed would function as a through street, but was actually a private drive. Director Hurlburt stated that the original plan could have negative impacts on the neighborhood by encouraging cut -through traffic on 31st Avenue North. Pertaining to tree preservation, Planner Lindahl explained that the Subdivision Regulations requires preservation of 50 percent of the caliper inches of the significant trees (eight inches or larger in diameter for deciduous trees, and four inches or larger in diameter for coniferous trees). Approved Planning Commission Minutes May 3, 2000 Page #9 She said that the tree survey indicates 10,670 caliper inches of significant trees on the site. The applicant indicated that 40 percent of the significant trees would be removed, which would exceed the City's requirements for tree preservation. Pertaining to noise from Highway 169, Planner Lindahl stated that distance mitigates noise better than trees or structures. She said that although some trees will come down, new structures will go up and new trees will be planted which would help to mitigate the noise. Director Hurlburt explained the EAW petition process. She stated that in order to submit a petition there needs to be 25 signatures. The petition is submitted to the Environmental Quality Board. The City Council determines whether an EAW is warranted. If an EAW is ordered, the development process could be delayed 60 to 90 days. She explained that the DRC process is similar to an EAW; although, the EAW does check the public record for archeological sites, and includes a formal discussion of potential noise impact of the proposed development. Commissioner Stoebner asked if there is a deadline that the City has to abide by for taking action on the request. Director Hurlburt replied that by law, the City has 60 days to act on the request or it is considered approved. She said that the City can take an additional 60 days, which it normally does. She said that the City needs to take action on this proposal by July 11, 2000. Director Hurlburt stated that the "clock" stops if an EAW is invoked. Commissioner Stein questioned if 31st Avenue, which is 33 feet wide, is narrower than a typical City street. City Engineer Faulkner replied negatively. Director Hurlburt this street is wider than a typical 28 -foot wide street that we are approving elsewhere. City Engineer Faulkner said that Pilgrim Lane is actually wider than a typical public street, thus allowing more room for pedestrian traffic. Planner Lindahl commented that 31st Avenue and Pilgrim Lane are classified as collector streets. In response to questions raised about exiting onto 34th Avenue instead of 31st Avenue, Director Hurlburt said that a public street would have to be built, which would disturb the neighborhood with greater setbacks and more impact on the wetlands and trees. She said that all residents would be using the one entrance instead of distributing the traffic throughout different accesses. Commissioner Berkowitz asked if the developer's original plan was different than the current plan. Director Hurlburt said that they did submit a plan with a private drive that would function as a through street. She explained that with a private street that functions as a through street, residents tend to expect the City to maintain the street and that they expect the street to be built to City standards, which they typically are not. During the development review process, the applicant modified the plan to comply with Zoning Ordinance and Subdivision requirements. The current plan is the result of these changes. Commissioner Reinhardt asked what the density is of the surrounding single family neighborhood. Planner Lindahl replied that the surrounding homes are at 3 units per acre, which is slightly more dense than the proposed development. Planner Lindahl stated that the issue is Approved Planning Commission Minutes May 3, 2000 Page #10 not density, as it is virtually the same, but rather what type of home can be built. She said that under the RSF-2 District they are still permitted 44 units, but the units would be single family homes not twinhomes. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located south of 34th Avenue and east of Pilgrim Lane, and findings of fact for rezoning of property located south of 34th Avenue and east of Pilgrim Lane. Commissioner Stein said that the he will vote in favor of the motion, as the site will be developed with twinhomes or single family dwellings. The traffic will be increased by any development, but current traffic problems have nothing to do with the proposed development nor do the drainage issues. He said that the proposed development meets the applicable standards outlined in the Subdivision and Zoning Ordinances. Commissioner Reinhardt stated that she will support the motion as well. She stated that she appreciates the residents' passion and that they care about where they live. She said that the proposal falls within the density guidelines of LA - 1, and that the development will fit in with the neighborhood. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Neset voted Nay.) MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval of a preliminary plat for Sunrise Park Development, LLC for Sunrise Townhomes located south of 34th Avenue and east of Pilgrim Lane. Commissioner Berkowitz stated that he will vote against the preliminary plat, as he doesn't believe that the developer has submitted the best plan, and that there may be other options to consider. MOTION TO AMEND by Chairman Stulberg, seconded by Commissioner Stoebner to change condition #12 to read "The developer will provide additional landscaping between the trail easement and the unit on lot 36." Roll Call Vote. 7 Ayes. MOTION approved unanimously. Roll Call Vote on Main MOTION. 5 Ayes. MOTION approved on a 5-2 Vote. Commissioner Berkowitz and Chairman Stulberg voted Nay.) Chairman Stulberg stated that he voted no on the preliminary plat because there are too many units in this area, and he believes that there could be a better designed plan. Chairman Stulberg called a recess at 9:40 p.m. and reconvened the meeting at 9:52 p.m. B H. L ENTERPRISES, INC. (20032) Chairman Stulberg introduced the request by H. I. Enterprises, Inc. for rezoning from CC -RE City Center, Retail/Entertainment) to CC -R (City Center, Retail), site plan and variances for a Approved Planning Commission Minutes May 3, 2000 Page #11 bank to be located at the northwest quadrant of the intersection of 34th Avenue and Plymouth Boulevard. Planner Lindahl gave an overview of the April 24, 2000 staff report. Chairman Stulberg introduced Dennis Cornelius, representing the applicant. Mr. Cornelius presented a picture of the facility. He stated that the site is difficult, and that the proposed plan is the optimum solution for the topography of the site. Chairman Stulberg opened the public hearing and closed it as no one was present to speak on the issue. Chairman Stulberg stated that he would abstain from voting due to a professional conflict. MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located on the west side of Plymouth Boulevard and North of 34th Avenue and the findings of fact for rezoning of property located on the west side of Plymouth Boulevard and north of 34th Avenue. Roll Call Vote. 6 Ayes. MOTION approved unanimously. (Chairman Stulberg abstained.) MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending approval of a site plan and variances for H. I. Enterprises for a bank/office building with drive- through located on property on the west side of Plymouth Boulevard and north of 34th Avenue. Commissioner Berkowitz stated that he was concerned initially with the variances, but glad to see the discussion section in the staff report pertaining to City Center variances. He said that staff did a good job of working through the application. Roll Call Vote. 6 Ayes. MOTION approved unanimously. (Chairman Stulberg voted abstained.) C MOSS & BARNETT (20034) Chairman Stulberg introduced the request by Moss & Barnett for a conditional use permit amendment to attach commercial antennas to the public safety communication tower at the Hennepin County Adult Correctional Facility at 1145 Shenandoah Lane North. Planner Rask gave an overview of the April 25, 2000 staff report. Commissioner Reinhardt asked how much additional capacity is left on the tower. Planner Rask stated that Hennepin County is not finished building out their antenna. He said that there is room for a couple more providers on the tower if Hennepin County agrees and the City approves the application. Approved Planning Commission Minutes May 3, 2000 Page #12 Chairman Stulberg introduced Jaymes Littlejohn, representing the petitioner. Mr. Littlejohn stated that he concurs with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Marsha Videen of 1151 Kingsview Lane North. Ms. Videen asked if the residents surrounding Parker's Lake were notified. She said that everyone within the site line should have been notified. Ms. Videen asked if the site plan includes all of the proposed panels and if they are to scale on the plan. Ms. Videen asked if this proposal is the first phase and if there are more planned at a later date. She wanted to know how high the trees are in scale with the tower. She asked what color the panels would be. She asked how many more panels can be accommodated on the tower. Ms. Videen stated that the whip antenna that was approved for BellSouth Wireless doesn't seem to be a visual problem. Ms. Videen commented that if capacity will be reached soon, why not just build another tower now in a commercial or industrial area. Ms. Videen recommended that the Commission deny any more antennas for this tower. Ms. Videen said that she doesn't want to have any bigger or higher antennas added to the tower. She asked if the City receives revenue from the antenna providers, and if so, the money should go towards improvements to Parker's Lake. Chairman Stulberg closed the public hearing. In response to questions raised, Planner Rask stated that a property notice was sent to property owners within 500 feet of the subject site. Planner Rask explained that the Zoning Ordinance requires co -location of antennas when possible. He said that the City's discretion is limited by federal law, specifically the Telecommunications Act of 1996. He said that the City cannot discriminate among providers. Planner Rask stated that the tower is owned by Hennepin County and doesn't know what the applicant is paying to lease the space. Planner Rask stated that the City's role in approving and denying a conditional use permit amendment is limited to whether or not the proposed project meets the conditional use permit standards listed in the Zoning Ordinance. Planner Rask said that the nearest site identified for location of the antenna would be a City water tower, but it wouldn't provide the coverage that the applicant needs. Planner Rask stated that the antennas would be visible over the existing tree line. Mr. Rask stated that the application is for 12 antennas on the existing communication tower. He said that the applicant would put up six antennas now. Planner Rask said that Hennepin County received approval for whip antennas and microwave antennas which should be completed later this year. He said that Hennepin County will lease space until such time that they need the additional space. Mr. Littlejohn stated that the color of the proposed panels will be sky gray. Commissioner Stein asked if the City receives any revenue from the antenna providers that locate on the tower. Planner Rask replied that the revenue goes to Hennepin County. Approved Planning Commission Minutes May 3, 2000 Page #13 MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt recommending approval of a conditional use permit amendment for Moss and Barnett to allow the placement of antennas and related equipment on the Adult Correctional Facility property located at 1145 Shenandoah Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously. D ARAMARK EDUCATIONAL RESOURCES, INC. (20042) Chairman Stulberg introduced the request by Aramark Educational Resources, Inc. for an amendment to the Plymouth Station PUD to extend the phasing plan from June 30, 2000 to October 31, 2001 for the completion of the daycare building located at the northwest corner of Dunkirk Lane and Medina Road. Planner Rask gave an overview of the April 25, 2000 staff report. Commissioner Bobra asked what will happen with the facility that the applicant is currently leasing. Planner Rask replied that the applicant would be better to address the Commissioner's question. Commissioner Berkowitz asked why Aramark Educational Resources, Inc. is applying for the extension instead of the developer. He asked what would happen to the PUD if the extension is denied. Planner Rask replied that the developer authorized the application. He said that the daycare site is a separate lot of record and as such the City must allow a reasonable use of the property. If the City were to deny the request to extend the phasing plan, the applicant could request an amendment to the PUD general plan to allow some other use of the property, or request a rezoning consistent with the Comprehensive Plan. Commissioner Berkowitz questioned whether the City would be at fault, as it is the developer's failure to construct the facility and be operational by the deadline. Director Hurlburt stated that it is the City's role to act on the request. She said that it would be difficult to uphold a denial of the extension request. She said that the proposed daycare is a good fit for the project and it is worthwhile to allow the extension. Commissioner Stein commented that the daycare was to be built at the same time as the grocery store and was part of the approving resolution for the PUD. He said that he doesn't necessarily have a problem with the proposed extension, but asked what guarantee the City has that the daycare will get built within the time frame. Planner Rask replied that there aren't any guarantees. Planner Rask stated that the daycare was to be built within the first phase of the PUD, but they were granted an extension. Commissioner Stein asked if the City could've insisted that the daycare be built. Director Hurlburt replied that the PUD was negotiated with many issues involved. She said that it would have been difficult to revoke the building permit for the grocery store once it was under construction. She stated that the developer doesn't want to have to come back for time extensions. She stated that the developer doesn't want to take a chance with asking for an extension and to have come back to the Commission for development approval. Approved Planning Commission Minutes May 3, 2000 Page #14 Commissioner Stoebner asked if the City has heard about the timing of construction for the convenience store and auto service center. Planner Rask stated staff has not heard anything, but the applicant has until July 21, 2001 for completion. Commissioner Stoebner asked if the developer would have to seek an extension if the project is not completed by this date. Planner Rask replied affirmatively. Chairman Stulberg introduced John Finnemore, representing the applicant. Mr. Finnemore stated that the current site that they are leasing will likely remain as a daycare, just by a different provider. He said that they requested an extension because they would like to remain in their current facility until their lease expires. He said that they aren't requesting any changes to the current plan. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stoebner, seconded by Commissioner Bobra recommending approval of a PUD General Plan Amendment for Aramark Educational Resources, Inc. to extend the phasing plan from June 30, 2000 until October 31, 2001 for the daycare building for Plymouth Station located south of Highway 55, north of Medina Road, and east of County Road 24. Commissioner Berkowitz said that he won't support the motion, as he feels that the developer is buying time for the purpose of buying time. Commissioner Berkowitz stated that the daycare was an integral part of the approval for the City and residents to buy off on the project. He said that he just sees this as another delay for 15 months. Commissioner Berkowitz said that the City should take their chances with denying the extension and see what happens if the developer comes back. Commissioner Berkowitz said that he's not denying the use, but rather just wants the project done. Commissioner Stein asked if there is a contract between the daycare and the developer. Mr. Finnemore replied affirmatively. Roll Call Vote. 6 Ayes. MOTION approved on a 6-1 Vote. (Commissioner Berkowitz voted Nay.) E CITY OF PLYMOUTH (20050) Chairman Stulberg introduced the request by the City of Plymouth for reguiding from CO Commercial Office) to LA -4 (Living Area 4) for three parcels of land located northeast of 45th Avenue and Nathan Lane. Planner Rask gave an overview of the April 26, 2000 staff report. Approved Planning Commission Minutes May 3, 2000 Page #15 Commissioner Reinhardt asked if staff s recommendation changed at all with the revised plan for Shadow Hills Apartments and if there is enough screening with the residential use. Planner Rask stated that the plan continues to improve. He said that staff believes that the appropriate land use on the portion of the site adjacent to Highway 169 is CO. Commissioner Reinhardt asked if the proposal for office/showroom on the northern parcel contains any type of buffer or separation. Planner Rask stated that there is a 20 -foot high retaining wall near the property line. He said that there needs to be a balancing of soils. He commented that the proposed apartment buildings would probably be 12 to 15 feet higher in elevation than the proposed office/showroom building. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Tim Blinkhorn of 4620 Orleans Lane. Mr. Blinkhorn thanked the City for the property notice and signage of proposed development on the property. He asked why something similar to the GE building wouldn't work on the site. He said that the GE facility works well with the neighborhood. He said that there doesn't seem to be as much traffic impact with the GE facility as there would be with apartment buildings. Mr. Blinkhorn asked about the noise and visual impact with the loss of trees. He wanted to know if Nathan Lane would have to be widened. He asked what would happen to property values with apartment buildings versus commercial development. He stated that he is concerned whether the school district can accommodate the additional children. Mr. Blinkhorn stated that he isn't opposed to development of the site, but is concerned with multi family development, as commercial seems to go well with the neighborhood. Chairman Stulberg introduced Larry Kelner of 4750 Orleans Lane. Mr. Kelner said that he received the property notice a week ago and that was the first he had heard of the proposal. He said that the application seems like it is getting rushed through. He said that the proposed theater was denied because of traffic issues. Mr. Kelner stated that he is concerned with the loss of the wildlife. Mr. Kelner asked if the apartment building proposal includes Section 8 rental units. He said that if it does, there would be a negative impact on surrounding property values. Chairman Stulberg introduced Chris Kissling of 4640 Orleans Lane. Mr. Kissling stated that traffic on Nathan Lane is an issue. He said that he is surprised that traffic from commercial use would be higher than residential use. He stated that the traffic from current commercial use doesn't seem to be bad, but apartments would seem to generate more traffic. Mr. Kissling said that there is a significant amount of traffic noise from Highway 169, and if the property is developed, then a large amount of trees would be gone that provide a noise buffer. Mr. Kissling stated that the Zoning Ordinance states that the O -R District provides for transition between uses. He said that if all three parcels are reguided and rezoned to LA -4, then there isn't that transition anymore. He said that if apartments were to be built on all of the parcels, then traffic would be outrageous. He asked why the City wants to reguide when there is interest in developing one of the parcels for commercial use. He asked staff to elaborate on where trails or a mini park would be located for the southeastern parcel. Approved Planning Commission Minutes May 3, 2000 Page #16 Chairman Stulberg introduced David Sellergren of 900 2nd Avenue South, Minneapolis. Mr. Sellergren stated that he represents Liberty Property Trust and that they have an option to purchase the northern parcel. He said that Liberty Trust owns the GE building with an option to buy the property to the south. He said that they would like to build an office/tech building. He said that they continue to object to reguiding and rezoning of the site. He stated that they are prepared to build this year. He stated that they would work closely with the property owners to the south relating to the apartment buildings. Mr. Sellergren stated that the truck loading area would be inside the a -shape building along the east side of the property. He said that the traffic dynamic is different with commercial buildings versus apartment buildings. He said that their proposal would not generate a lot of traffic. Mr. Sellergren stated that they would support Option D as it leaves their parcel alone. Chairman Stulberg introduced Stephen Young of 325 2nd Avenue North, Minneapolis. Mr. Young stated that he represents Park Land Development. He stated that they prefer Option A or D. He said that they do not see a conflict with the proposed office building. He said that office use and residential uses are fairly compatible. He said that he would like to see residential contiguous on the parcel west of their site. Mr. Young stated that he has never seen a commercial property generate less traffic than an apartment building, but with the size of the proposed office building, that traffic could be about equal. He said that neither use would impact the neighborhood greatly. Mr. Young said that they proposal does not include Section 8 or subsidized units, but the City has asked them to consider that option. He said that they intend to preserve as many trees as possible on the site. Chairman Stulberg introduced Robin O'Brien of 4855 Orleans Lane. Ms. O'Brien stated that she is affected by the glare from the new Holiday gas station. She said that she has also experienced a definite change in the noise factor. She asked if the apartment development will look like some of New Hope's developments along Highway 169 in another 20 years. She said that there are already too many apartment buildings along Highway 169. Ms. O'Brien said that she prefers Option D. She stated that she is concerned with what the apartment development will look like in the future. She said that 213 units would be similar to Plymouth Ponds, but anymore units would be too much for the area. She asked if the wetlands will have to be adjusted if buildings are turned. Mr. Kelner stated that if development proposals are approved, the City should ensure that construction equipment is stored on site and not in the residential neighborhood. Chairman Stulberg closed the public hearing. Chairman Stulberg stated that the Shadow Hills development could possibly fit with the current guiding and zoning, and definitely would with a conditional use permit. Director Hurlburt stated that the notification area for the Shadow Hills development would not include the most of the residential neighborhood northwest of the subject site. She said that the Approved Planning Commission Minutes May 3, 2000 Page #17 reguiding and rezoning process gives the broadest notification. She said that this discussion is a bigger issue than just one apartment building. Planner Rask stated that office use would generate little weekend traffic. However, said office uses tend to produce problems with peak hour traffic. He stated that residential use won't generate as intense traffic as office use will during peak hours. City Engineer Faulkner commented that there would be some widening of Nathan Lane from County Road 9 to 45th Avenue. He said that there may be a 12 -foot turning lane in certain areas near County Road 9, but nothing north of 45th Avenue. Planner Rask stated that Robbinsdale School District indicated that they would not object to receiving additional students. The students would go to either Zachary Lane or Pilgrim Lane Elementary schools, with most of them going to Zachary Lane. Chairman Stulberg commented that the Commission can't address property values. Planner Rask gave an explanation of the Tree Preservation Policy. He said that 75 percent of the caliper inches of significant trees can be removed for a commercial development and 50 percent for a residential development. Planner Rask stated that there is an existing trail on the west side of Nathan Lane and staff would look at a trail connection at 45th Avenue. He said that staff would prefer to see a mini -park concept for the site or something done privately such as a pool and tot lot by the developer. Planner Rask stated that there aren't any guarantees under the current guiding that the City will see proposals brought forward. He said that there would be 9,000 square feet of wetland mitigation with the apartment proposal. Commissioner Stein asked what the elevation difference is between the Park Land parcel and the parcel to the north. Mr. Young stated that the high spot on their property is 928 and the property to the north would be 904 to 906. Mr. Young said that they would prefer some transition before the retaining wall. MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz recommending approval of "Option D" which reguides the properties along 45th Avenue to LA -4 and rezones them to RMF -4. Option D maintains the C -O guiding and B -C zoning on the northern 12 -acre parcel. Commissioner Stoebner stated that based on all testimony that the Commission heard, we haven't heard that the differentiated uses would be a problem. He said that the neighbors would support commercial, so he doesn't want to change it all to residential. He stated that based on his review of the site, Option D would be the most appropriate. Approved Planning Commission Minutes May 3, 2000 Page #18 Commissioner Reinhardt concurred. She said that as long as developers work together to create a satisfactory buffer it would work. She said that the City needs LA -4 guided land and can always use land guided for commercial use. Commissioner Berkowitz concurred. He said that he likes the orientation of the new plan for the apartment buildings. He said that the new proposal alleviates some of the reasoning for the C -O guiding for a small portion of the site. Commissioner Stein said that the will support the motion, but is concerned with screening of four-story apartment buildings and a one-story office building with loading docks. Chairman Stulberg said that he won't support the motion, as Option B would leave the site as is, and the site could be developed as proposed. Director Hurlburt stated that the current CO guiding allows applications, but once the new Comprehensive Plan is adopted, the zoning would be inconsistent and changes would have to be made. Chairman Stulberg stated that the City has more control over proposals in front of us by leaving the site as it is currently guided. Commissioner Reinhardt commented that the changes in the Comprehensive Plan addresses transitions, and any proposal that comes forward after the adoption would have to ensure adequate buffering. Roll Call Vote. 5 Ayes. MOTION carried on a 5-2 Vote. (Chairman Stulberg and Commissioner Bobra voted Nay.) 7 New Business A CITY OF PLYMOUTH (20055) Chairman Stulberg introduced the request by the City of Plymouth for consideration and review of an Environmental Assessment Worksheet (EAW) for construction of Cheshire Lane north of Schmidt Lake Road and south of County Road 47. The project includes construction of a bridge over the Canadian Pacific Railroad. Planner Lindahl gave an overview of the April 24, 2000 staff report. Commissioner Reinhardt asked what makes a barn historic. Donna Roscoe from SRF stated that a barn has to be either 50 year or older or have rare characteristics such as a raised barn. She said that there needs to be further analysis on the barn. Commissioner Reinhardt asked why types of things may be found for archeological resources. Ms. Roscoe said that the potential is high due to its proximity to Pomerleau Lake and Mud Lake Approved Planning Commission Minutes May 3, 2000 Page #19 and the undisturbed nature of the area. Director Hurlburt findings are typically pre -European settlements such as burial and camp sites. Commissioner Berkowitz asked if there is any update regarding the Hennepin County Regional Trail. Director Hurlburt replied that it is premature to say exactly where the trail will be located. Chairman Stulberg introduced a letter dated May 1, 2000 from Judy Begin of Begin Golf Course. Chairman Stulberg introduced Judy Begin. Ms. Begin stated that she hopes that the City considers the impact on her property as the project moves forward. MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra to accept and forward the Environmental Assessment Worksheet to the City Council recommending no need for an Environmental Impact Statement on the proposed project. Vote. 7 Ayes. MOTION approved unanimously. 8 Other Business Commissioner Reinhardt stated that the HRA is putting together a tour of the City to look at affordable housing areas. Director Hurlburt stated that the City Council approved the submission of the Comprehensive Plan to the Metropolitan Council and final stages for submitting the plan are underway. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz to adjourn. Vote. 7 Ayes. MOTION approved unanimously. The meeting adjourned at 12:28 p.m.