HomeMy WebLinkAboutPlanning Commission Minutes 07-19-2000Approved Minutes
City of Plymouth
Planning Commission Meeting
July 19, 2000
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Kapila Bobra,
Roger Berkowitz, Karl Neset, and Sarah Reinhardt
MEMBERS ABSENT: Commissioner John Stoebner
STAFF PRESENT: Planning Manager Barbara Senness, Planners Kendra Lindahl and Shawn
Drill, Assistant Planner Joshua Doty, Assistant City Engineer Ron Quanbeck, and Office
Services Supervisor Denise Hutt
1 CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to approve the July 5,
2000 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved unanimously.
5 CONSENT AGENDA
A CHESAPEAKE COMPANIES NLP GROUP, LLC (20086)
MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval
of a variance for Chesapeake Companies for additional wall signage on a building located at
15545 34t11
Avenue North. Vote. 6 Ayes. MOTION approved unanimously.
B CHRIST MEMORIAL LUTHERAN CHURCH (20089)
MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval
of a site plan amendment for Christ Memorial Lutheran Church located at 13501 Sunset Trail.
Vote. 6 Ayes. MOTION approved unanimously.
C MINNESOTA SIGN COMPANY (20094)
MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval
of a sign variance request for Minnesota Sign Company, Inc. for property located at 2945 Empire
Lane North (Days Inn/Perkins). Vote. 6 Ayes. MOTION approved unanimously.
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Page #2
6 PUBLIC HEARINGS
A LIBERTY PROPERTY LIMITED PARTNERSHIP (20059)
Chairman Stulberg introduced the request by Liberty Property Limited Partnership for a site plan
and conditional use permit to allow construction of an 84,600 square foot office/showroom
building on property located north of
45th Avenue and east of Nathan Lane.
Planner Lindahl gave an overview of the July 11, 2000 staff report.
Chairman Stulberg introduced Ed Farr, of Edward Farr Architects, representing the petitioner.
Mr. Farr stated that they are continuing to work with the property owner to the south to prepare a
grading plan for both properties that would reduce the size of the retaining wall along the
common property line. He said that the adjoining land owner is planning on coming forth with
an application shortly. Mr. Farr stated that they could comply with the 10 -foot setback between
the building and parking or drive aisles. He said that they would like to be able to market the
number of parking stalls as indicated on their plan. Mr. Farr stated that they are working hard to
improve their landscape plan along the south property line to ensure appropriate buffers from the
proposed apartments.
Commissioner Reinhardt asked what type of truck traffic would be generated by the proposed
use and where the traffic would likely come from. Mr. Farr replied that there aren't any signed
leases yet, but the market calls for a high percentage of office use. With that, he stated that there
likely would be an occasional truck (once a week) to drop off goods and leave the facility. Mr.
Farr said that the truck traffic would use Nathan Lane and could come from either Bass Lake
Road or from Rockford Road. He said that it would likely be a matter of convenience for the
truck driver.
Commissioner Reinhardt asked if the City has received documented complaints of truck traffic
on Nathan Lane. Planner Lindahl said that the City has received complaints near the Walser site
located on Bass Lake Road. Planning Manager Senness stated that some operational alternatives
currently in place seem to be working. She added that the traffic issue will be addressed further
with the Study Area C discussions.
Commissioner Reinhardt asked if truck traffic can be limited to Rockford Road. Planning
Manager Senness explained that it is difficult to do that since the site is properly guided and
zoned for the proposed use.
Commissioner Bobra asked what the expected completion date is for the facility. Mr. Farr
replied that they are planning completion in Spring 2001.
Commissioner Bobra asked how many people would be employed at the facility. Mr. Farr stated
that the assumption would be equal to or less than the number of parking stalls. He said that they
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figure 3.5 people per 1,000 square feet. If they were to lease more manufacturing space, then the
office portion would be reduced and, consequently the number of cars would be reduced.
Chairman Stulberg asked if there is something wrong with the Zoning Ordinance parking
requirements. Mr. Farr stated that users demand higher parking than what the ordinance
stipulates for office use. He said that they haven't seen a call center type office function that
goes past 5 employees per 1,000 square feet. Chairman Stulberg asked if staff needs to look at
the Zoning Ordinance pertaining to parking requirements. Planning Manager Senness replied
that staff is intending to look at it, but the Commission may be surprised at the direction it goes.
She said that staff is looking at ways to reduce the number of vehicles coming to employment
sites, rather than increasing the number of spaces.
Chairman Stulberg asked how long this application has been going through the Development
Review Committee process. Planner Lindahl replied that staff has been looking at the
application since April. Chairman Stulberg commented that there seems to be a number of items
that aren't quite up to ordinance standards, which is unusual. Planner Lindahl stated that the
applicant started meeting with the City on an informal basis in November, 1999 and that their
application was put on hold until the land use issue with this site and the site to the south was
resolved. She said that it is not unusual for these types of conditions to be included in the
approving resolution, and that they are fairly minor issues. Planning Manager Senness reiterated
that staff did put this proposal on hold until after the City decided on the appropriate guiding and
zoning.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
MOTION by Chairman Stulberg, seconded by Commissioner Stein recommending approval of a
site plan and conditional use permit for Liberty Property Limited Partnership for property located
east of Nathan Lane and north of 45th Avenue North. Roll Call Vote. 6 Ayes. MOTION
approved unanimously.
B KUKULICA & ASSOCIATES (20090)
Chairman Stulberg introduced the request by Kukulica & Associates for a conditional use permit
for a J -frame antenna structure for wireless telecommunications for property located at 605 State
Highway 169.
Planning Manager Senness gave an overview of the June 28, 2000 staff report.
Chairman Stulberg introduced Timothy Richardson, representing the petitioner. Mr. Richardson
stated that he concurs with the staff report and will build the structure according to the stated
terms and conditions.
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Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending
approval of a conditional use permit amendment for Kukulica & Associates to allow the
placement of antennas and related equipment on the building located at 605 Highway 169 North.
Roll Call Vote. 6 Ayes. MOTION approved unanimously.
C JANICE KAY JOBIN (20101)
Chairman Stulberg introduced the request by Janice Kay Jobin for an interim use permit for
grading for property located at 1870 Magnolia Lane North.
Planner Lindahl gave an overview of the July 12, 2000 staff report.
Planning Manager Senness commented that staff doesn't make a habit of approving a permit
prior to City Council approval of an interim use permit, but staff considered this an emergency
situation and by waiting there would be an increased chance of liability issues.
Commissioner Reinhardt questioned how something like this could happen. Planner Lindahl
replied that it is likely caused by bad soils underneath the footings.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz recommending
approval of an interim use permit for Janice Kay Jobin for property located at 1879 Magnolia
Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
D CITY OF PLYMOUTH (20104)
Chairman Stulberg introduced the request by the City of Plymouth for rezoning from FRD
Future Restricted Development) to RSF-1 (Single Family Detached Dwelling District 1), site
plan amendment, and variance to construct additional ball fields and soccer fields at Greenwood
Elementary School.
Chairman Stulberg explained that the item will be continued to the August 2, 2000 Planning
Commission Meeting.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Donald Meyer of 17829 38th Avenue North. Mr. Meyer said that
he doesn't understand what the application is for.
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Chairman Stulberg stated that a full report would be available at the Community Development
counter on Friday, July 28, 2000 explaining the details of the application.
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz to continue the public
hearing to August 2, 2000. Vote. 6 Ayes. MOTION approved unanimously.
7 NEW BUSINESS
A KRYSTYNA SKROWAZCEWSKI (20082)
Chairman Stulberg introduced the request by Krystyna Skrowazcewski for a variance for a 5 -foot
high fence in the front yard at 1120 Ferndale Road.
Planner Lindahl gave an overview of the July 12, 2000 staff report.
Commissioner Reinhardt asked if the DNR indicated what kind of fencing would be coyote -
proof. Planner Lindahl replied that there really is no such thing as coyote -proof fencing. She
said that coyotes will go where there is food and particularly where there are pets. Planner
Lindahl commented that coyotes are loners, and do not run in packs.
Commissioner Bobra asked for an explanation of what is allowed under the ordinance for
fencing. Planner Lindahl replied that at or behind the building you can have a six-foot high
fence, but fences in the front yard are limited to three feet in height. Commissioner Bobra asked
if anyone has requested a higher fence in their front yard and whether it was approved by the
City Council. Planner Lindahl replied affirmatively.
Commissioner Berkowitz asked how many acres the site is and if the ordinance differentiates for
lot sizes. Planner Lindahl replied that the parcel is 1.5 acres and that the fence regulations are
the same for all lot sizes.
Commissioner Stein asked if there was a four -foot high split rail fence previously on the site.
Planner Lindahl replied affirmatively.
Chairman Stulberg introduced Krystyna Skrowaczewski, the petitioner.
Ms. Skrowaczewski stated that nothing was mentioned in the report about the City destroying
their fence which was a considerable loss and hardship to them. She said that they are not asking
for help financially to rebuild the fence, just for granting the variance. Ms. Skrowaczewski
stated that coyotes are a serious problem, and that the DNR told them that a fence is a deterrent.
Chairman Stulberg asked if a three foot fence would satisfy the issue of trespassers and
snowmobiles. Ms. Skrowaczewski replied that a three-foot fence is inadequate. She added that
the Commission has received letters of support for the five-foot fence from the neighbors.
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Commissioner Bobra asked if any of the neighbors have a fence that high. Ms. Skrowaczewski
replied negatively and stated that their four foot fence was destroyed.
Commissioner Reinhardt asked if the applicant had any coyote problems before the fence was
removed. Ms. Skrowaczewski replied negatively.
Commissioner Bobra asked staff if a four -foot fence would solve the problem. Planner Lindahl
commented that the Commission can recommend whatever they want.
Commissioner Reinhardt asked if the applicant received any other suggestions besides the fence
to resolve the coyote problem. Ms. Skrowaczewski replied that they were told that they could
trap, shoot or poison the coyotes, but they are not prepared to do any of those things. She said
that the proposed fence would be a nice looking cedar fence.
Chairman Stulberg asked if there was any information on the destruction of the fence when the
road construction was done. Assistant City Engineer Quanbeck commented that the original
fence was in the City right-of-way. Planner Lindahl stated that since the original submission, the
applicant had the property resurveyed and concurred that the fence was indeed located in the
right-of-way.
Chairman Stulberg introduced Sandra Besse-Lascours of 1200 Ferndale Road. Ms. Besse-
Lascours stated that the applicant's property is rather unique, and that they have a lot of thick
brush so that you don't even see their home from the road. She said that having a five-foot fence
would not detract from the look of the neighborhood. Ms. Besse-Lascours said that since the
sidewalk was constructed, the neighborhood has lost a lot of their privacy. She said that at a
minimum, the applicants should be able to replace their four -foot fence.
Commissioner Stein asked what good a five-foot fence is when according to the DNR they
would need an eight -foot fence to keep coyotes out. Ms. Skrowaczewski said that any fence is a
deterrent. She stated that coyotes will find a different way to get to the lake for the blue heron.
Ms. Skrowaczewski stated that their previous fence was in the right-of-way 1 inch to 18 inches.
Commissioner Neset asked if the City has had any similar requests and what action was taken.
Planner Lindahl replied that a fence variance was approved on a corner lot on Old Rockford
Road and Kimberly Lane. Planning Manager Senness stated that the proposed fence had to do
with little usable yard and to protect children playing in the yard. Commissioner Berkowitz
noted that the fence was already under construction.
Commissioner Neset commented that a three-foot fence is not enough to deter juveniles. He said
that he would support a four foot fence like the applicant previously had.
Chairman Stulberg commented that if the fence was partially destroyed, it could have been
reconstructed as it was grand -fathered in as a non -conforming structure. However, because the
applicant completely removed the fence, it lost the legal non -conforming status.
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MOTION by Commissioner Stein, seconded by Commissioner Bobra recommending approval
of a variance for a four -foot fence in the front yard for Krystyna Skrowaczewski on property
located at 1120 Ferndale Road.
Commissioner Stein stated that he is not convinced a five-foot fence is necessary. He said that
three feet should be adequate, but would support a four -foot fence since they had that previously.
Commissioner Bobra concurred.
Commissioner Reinhardt stated that she can't support the motion since the application doesn't
meet the seven standards. She said that there are other alternatives to the fence, such as trapping
or using animal control for permanent removal. She added that the fence is questionable as there
are other ways to get into the property.
Commissioner Berkowitz stated that a four -foot fence is replacement in kind. He said that this
lot is more rural in character and he doesn't think the ordinance pertaining to fences should be
applied the same with each lot.
Vote. 5 Ayes. MOTION approved on a 5-1 Vote. (Commissioner Reinhardt voted Nay.)
B CARLSON REAL ESTATE COMPANY (20091)
Chairman Stulberg introduced the request by Carlson Real Estate Company for a site plan and
variances for a one-story roughly 47,000 square foot office building located at the northwest
quadrant of
35th Avenue and Plymouth Boulevard.
Planning Manager Senness gave an overview of the July 12, 2000 staff report.
Commissioner Bobra asked if traffic will be narrowed to one lane each way. Planning Manager
Senness stated that this would change the number of traffic lanes from two southbound lanes to
one south bound lane. She stated that the City's consulting traffic engineers have indicated that
there would be sufficient capacity through the area with a reduction in traffic lanes from two to
one. Commissioner Bobra asked if traffic will be slowed down or diverted. Planning Manager
Senness explained that Plymouth Boulevard will be developed as a parkway since it is not a
through street. She said that as such it should not carry a great deal of traffic.
Commissioner Berkowitz noted that he is uncomfortable handling one piece of a several block
plan. Planning Manager Senness stated that on -street parking as proposed is consistent with the
City's streetscape plan which is part of the City Center portion of the Comprehensive Plan. She
said that this proposal calls the question if the City is committed to on -street parking along
Plymouth Boulevard. She said that this portion should be implemented now. She added that if
the City Council decides not to move forward, the comprehensive plan would need to be
changed.
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Commissioner Berkowitz commented that there is the east parking lot at LifeTime Fitness that is
not being used currently. He suggested that staff may want to pursue the possibility of working
with LifeTime and the Ice Center to institute a second check-in location to utilize the parking lot
before talking about building a parking structure.
Commissioner Reinhardt asked if the parking condition in the resolution would be removed if the
City Council decides not to take this direction. Planning Manager Senness responded
affirmatively.
Commissioner Stein asked who is responsible for the cost of the bump outs. Planning Manager
Senness replied that the developer is responsible for the costs associated with the bump outs.
Commissioner Stein stated that the proposal is a good idea. He asked if the developer has
thought about putting in a lane of parking and a lane of traffic. Planning Manager Senness
replied that their original plan indicated that, but staff would like it to be consistent throughout
City Center.
Commissioner Stein stated that he thought buildings in City Center were to be built to the
property line. Planning Manager Senness replied that the requirement is a 20 -foot maximum
setback.
Commissioner Reinhardt asked if the applicant can mark the bump out parking spots short term
parking since they are requesting them. Planning Manager Senness stated that staff can consider
it, but the concept needs to be looked at on a larger scale.
Commissioner Stein asked if the idea of a traffic circle on Plymouth Boulevard has been
dropped. Planning Manager Senness replied affirmatively.
Chairman Stulberg introduced Chris Kirby, representing the applicant. Mr. Kirby stated that
they concur with the staff report. He said that they have tried to design a flexible building for
potential users. He indicated that the bay depths are flexible and they are using building jogs to
break up the length of the building. He said that the building has a two-story look, but actually is
one story and will be compatible in design with other uses in the area. He stated that they do not
have a tenant for the building as of now. Mr. Kirby said that they are inclined to use brick which
is what staff has suggested. He said that they have worked hard to comply with the city center
ordinances. Mr. Kirby said that the most critical component is the on -street parking. If the on -
street parking is not approved, they would request the right to have the entrances on the back side
of the building. Mr. Kirby stated that the unique access points are not at the best location and
could present a marketing challenge. Mr. Kirby asked that Condition #10 in the resolution be
modified to state Certificate of Occupancy instead of building permits. He said that they would
like additional language added to Condition #11, which has been discussed with staff
Chairman Stulberg asked what the additional language would entail. Planning Manager Senness
stated that such agreement would reflect any potential need for evening parking on the part of the
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applicant. Commissioner Berkowitz questioned weekend parking. Planning Manager Senness
stated that staff can add that in also.
Commissioner Bobra asked the applicant if a second story would be added to the building at
some point. Mr. Kirby replied negatively.
Commissioner Berkowitz asked about the building schedule. Mr. Kirby stated that they
anticipate starting late this summer or early fall with occupancy in Spring, 2001.
Commissioner Stein asked how many total parking spaces are proposed. Planning Manager
Senness replied that there are 182 on-site parking spaces and 20 spaces on the street. She said
that the ordinance requires 171 parking spaces.
Chairman Stulberg asked what the applicant would do if the City said to build residential on top
of the office building. Matt Van Slooten, representing the applicant, stated that Carlson Real
Estate wouldn't look at something like that since they are not a residential property developer.
Chairman Stulberg commented that the Commission and staff have discussed some residential
mixed in and perhaps over some commercial for City Center. Mr. Van Slooten said that shared
parking comes into question with the mix of commercial and residential.
Commissioner Reinhardt asked when all the parking bump outs along Plymouth Boulevard
would be constructed. Planning Manager Senness said that it is premature at this time to answer
that. Commissioner Reinhardt said that it would be preferable to have it happen all at one time.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stein recommending
approval of a site plan and variances for Carlson Real Estate Company for an office building
located on property at the northwest quadrant of
35th Avenue and Plymouth Boulevard.
1. MOTION to Amend by Commissioner Reinhardt, seconded by Commissioner Stein
recommending that "Certificate of Occupancy" replace "building permits" in Conditions #10
and #11 and adding the following sentence to Condition #11: "Such an agreement would
reflect any potential need for evening and weekend parking on the part of Carlson tenants."
Roll Call Vote. 6 Ayes. MOTION to Amend approved unanimously.
MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Reinhardt to
remove on -street parking and bump outs from this application.
Commissioner Berkowitz stated that he agrees with the concept of on -street parking and bump
outs, but is uncomfortable having it come through in piecemeal stages. He said that he hasn't
seen the whole layout, including left turn lanes and pedestrian crossings. He stated that the City
Council should initiate the concept and move it along concurrently with this application.
Commissioner Reinhardt asked if something could be added to Condition #6 such as "provided
that the City Council agrees to continue the bump outs from 34th Avenue to 37th Avenue."
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Commissioner Berkowitz said that it would meet the intent, but still keeps it tied to this
application and you run a small risk that this may not come to pass.
Mr. Van Slooten stated that there is logic to tie into the application. He said that they need to
know one way or another and would agree with adding to Condition #6. He asked that the
amendment include that they don't want entrances along Plymouth Boulevard without bump
outs. Commissioner Stein asked if the applicant would carve out their property to provide
parking. Mr. Van Slooten replied affirmatively. Planning Manager Senness stated that the City
Council needs to have a clear indication if the Commission supports the plan to reduce the traffic
lanes to create on -street parking along Plymouth Boulevard.
Commissioner Stein suggested that Commissioner Berkowitz's MOTION to Amend state that
Condition #6, requiring the construction of bump outs be changed, to make them contingent on
the City Council implementing a master plan for Plymouth Boulevard from 34th Avenue across
from City Hall to
37th Avenue, and if the Council failed to implement such a plan, that the
applicant be allowed to provide additional on -street parking by carving it out of their own
property. Commissioners Berkowitz and Reinhardt concurred.
Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION to Amend approved unanimously.
Chairman Stulberg said that he's not excited about the applicant having to provide parking on the
site. He would like the City Council to implement the bump outs on the entire plan.
Commissioner Stein noted that this is a worthwhile project.
Chairman Stulberg stated that this leaves an opportunity to lose the enforcement of what we are
trying to enforce.
Roll Call Vote on Main MOTION. 6 Ayes. MOTION approved unanimously.
MOTION by Commissioner Bobra, seconded by Commissioner Stein to adjourn. Vote. 6
Ayes. The meeting was adjourned at 8:58 p.m.