Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 10-18-2000Approved Minutes City of Plymouth Planning Commission Meeting October 18, 2000 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner (arrived at 7:04 p.m.), Bob Stein, Karl Neset, Kapila Bobra, Roger Berkowitz, and Sarah Reinhardt MEMBERS ABSENT: STAFF PRESENT: Community Development Anne Hurlburt, Planning Manager Barbara Senness, Senior Planners Marie Darling, Shawn Drill 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 Bobra, seconded by Commissioner Berkowitz to approve the September 6, 2000 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved unanimously. (Chairman Stulberg abstained.) 5 CONSENT AGENDA 6 PUBLIC HEARINGS A THE ROTTLUND COMPANY, INC. (20092) Chairman Stulberg introduced the request by The Rottlund Company, Inc. for rezoning, planned unit development general plan, preliminary plat and conditional use permit for "The Reserve", an approximately 990 -unit residential development to be located west of I-494 and north of the Canadian Pacific Railroad. Senior Planner Lindahl gave an overview of the October 12, 2000 staff report. Commissioner Stein asked what the tree restitution money is used for. Senior Planner Lindahl explained that the money goes into the park fund for tree plantings. She said that staff would use some of the funds in this area where possible. Approved Planning Commission Minutes October 18, 2000 Page #2 Commissioner Reinhardt asked who would be responsible for maintenance of the transit stop building. Senior Planner Lindahl replied that it is still up for discussion. She said that the City may want to lease the space, but no decision has been made yet. Commissioner Bobra asked if there is an alternative plan if the City doesn't receive the housing finance gap assistance. Senior Planner Lindahl stated that the developer's plan already calls for 20 percent of the units to be affordable. The gap assistance would be used to bridge the gap between the mortgage that eligible homeowners can qualify for and the price of the new homes. Director Hurlburt said that there are a number of different funding sources. The City will continue to work with the developer to fund those programs. She added that it looks favorable that the City will receive an allocation. Commissioner Bobra asked if most of the affordable units would be in the apartments which won't be completed until late 2002 or early 2003. Senior Planner Lindahl replied that there would be 126 affordable apartments and 126 townhomes which would be affordable to families with incomes at or below 80 percent of the area's median income. She added that 25 of the 241 units proposed in the first phase would be made affordable with the gap assistance. Commissioner Reinhardt questioned why the landscaping plan isn't complete. Senior Planner Lindahl replied that the apartment landscaping is not included because the developer for the apartment site is unknown. She stated that the developer's proposal exceeds the landscaping requirements for the other areas at this time. The developer will look at where additional trees can be provided on site, and staff will encourage them to provide reforestation where possible. Chairman Stulberg introduced Richard Palmiter, representing the petitioner. Mr. Palmiter stated that many common questions pertaining to the proposal were addressed in the booklets that were provided to the Commission. Mr. Palmiter said that they have worked with staff for seven months and have come to a point of resolution for the proposal that has been presented. Mr. Palmiter stated that they concur with the staff report and conditions in the resolutions. Chairman Stulberg introduced Tim Whitten, architect for Rottlund Homes. Mr. Whitten said that this project has challenged them and the City to provide density, lifecycle housing and different styles of housing. He said that they changed the park to a linear position to work with the transit building. They took the central area and made it a higher density around the major hub. They added the park in a key location of the site and provided pedestrian connections via the sidewalks. Mr. Whitten presented pictures of the various housing types and said that the lots need to have shorter front yard setbacks to provide the pedestrian friendly atmosphere. Commissioner Reinhardt asked when an apartment developer would be selected. Mr. Palmiter replied that they sent out a request for proposals (RFP). The RFPs were sent to local and national apartment developers. He said that they should have a good idea of who is interested in the project by mid-November. Approved Planning Commission Minutes October 18, 2000 Page #3 Mr. Palmiter stated that they will finish up the landscaping plan after an apartment developer is chosen. Commissioner Bobra asked the applicant why Rottlund Homes doesn't build the apartments. Mr. Palmiter replied that Rottlund Homes has chosen to build residential homes only, and that by building apartments it would take away from what they do best. He stated that building apartments is a business in its own right. Commissioner Stein asked if any consideration was given to having a small convenience store/retail use within the development. Mr. Palmiter replied that they discussed the idea and talked about maybe doing something in conjunction with the transit area, but because of economic issues and demographics, it wouldn't be successful. Mr. Palmiter added that staff concurred with the conclusion. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated October 16, 2000 from Ken Wendinger of 5465 Orleans Lane North #1. Chairman Stulberg introduced James Koll of 5675 Yucca Lane. Mr. Koll asked how construction traffic is going to be prohibited from using Yucca Lane. Mr. Koll stated that Yucca Lane already experiences excessive speed from traffic generated by construction workers, and he is concerned with the safety of the children in the neighborhood. Mr. Koll commented that construction dirt and debris is also an issue. He said that he would like to see the two roads separated. Mr. Koll said that he doesn't have a problem understanding that potential buyers need access to see the site. Chairman Stulberg introduced Judy Begin of 5635 Yucca Lane. Ms. Begin expressed concern of liability issues with the driving range being directly adjacent to Xenium Lane. Ms. Begin suggested that the developer disclose to potential homebuyers that the driving range lights are on until 11:00 p.m. Ms. Begin stated that it is important to assure water flow from the wetland which is shared. She said that she has been meeting with Rottlund Homes regarding traffic flow and wants to ensure that property owner's concerns are addressed. Chairman Stulberg introduced Steve Gardner of 10717 10th Avenue North. Mr. Gardner said that it is curious that construction of the bridge over the railroad tracks has already begun before this project has even been approved. Mr. Gardner presented pictures that he took of the trees on the site. He said that there are over 700 trees larger than 8 inches in diameter. Mr. Gardner stated that Rottlund Homes is inadvertently responsible for more than 300 trees being removed for construction of the bridge. Mr. Gardner brought in a tree trunk to depict what 8 inches in diameter looks like. Mr. Gardner stated that a developer is in the business to make money, and Approved Planning Commission Minutes October 18, 2000 Page #4 Rottlund Homes doesn't try hard enough to save trees. He said that if they could put an earthen wall around the trees they wouldn't have to remove so many trees because of grading. Mr. Gardner said that more trees have been removed in each of the three revisions to the tree preservation plan. He stated that more oak trees could be saved along the southeast side of the property. Mr. Gardner stated that the City of Plymouth has a good tree preservation plan, even though the replacement size is too small. He said that the 50 percent removal limit should be adhered to. Mr. Gardner stated that he would like to put a temporary sign on Schmidt Lake Road for the next City Council meeting. Chairman Stulberg introduced Kevin Blomquist of 5735 Yucca Lane. Mr. Blomquist said that they have had to live through the construction of the golf course which entailed dirt, rocks, construction trucks, cars, and the City never cleaned the streets for the entire year that construction was going on. Mr. Blomquist wanted to know if he will be assessed for damage done to Yucca Lane due to the construction traffic. Mr. Blomquist said that he is concerned about the safety of children. He stated that Xenium Lane being an access is not enough. He asked if Xenium Lane will be completely done before construction traffic takes place. Chairman Stulberg introduced Troy Dilla of 5725 Yucca Lane. Mr. Dilla said that he has the same concerns that have already been raised by other residents. He stated that he is glad to hear that Xenium Lane will be used for the construction traffic and would like a guarantee that they won't use Yucca Lane. He suggested that a gate be placed at the end of Yucca Lane to prohibit construction traffic from entering. He stated that construction traffic doesn't respect the neighborhood or the speed limits. He asked if construction traffic will use Cheshire Lane rather than Xenium Lane once the bridge is completed. Mr. Dilla said that he is not opposed to the development, rather just use of Yucca Lane for construction traffic. Chairman Stulberg introduced Barbara Brooks of 9979 37thth Avenue North. Ms. Brooks said that she represents MICAH and expressed thanks for including affordable housing in the proposal. Chairman Stulberg closed the public hearing. Pertaining to issues raised regarding construction traffic, Senior Planner Lindahl stated that Yucca Lane is an existing paved public street and Xenium is an existing right-of-way. She said that Rottlund Homes will improve Xenium Lane for construction traffic only and will sign it accordingly. She said that while it certainly is not a guarantee, it is a good way to encourage use of Xenium. Director Hurlburt stated that staff talked about the connection of Yucca Lane and Xenium and whether it would be a good idea. If Yucca Lane is chained off, then traffic would go down Yucca Lane and find it chained and then have to turn around which means two trips past the residential area. She said that there needs to be good signage at the north end. She said that this is only temporary until traffic can come in on Cheshire Lane. She stated that the unpaved portion on Xenium will be removed once the bridge is done. The paved portion of Xenium will be gated for public safety access only. Approved Planning Commission Minutes October 18, 2000 Page #5 City Engineer Faulkner stated that the developer is required to put up a financial guarantee for road maintenance, dirt and debris to make sure that the streets and area are being kept up. The developer is also required to have a street sweeping contract and residents should contact the City with any complaints. He stated that the bridge and Cheshire Lane alignment is a project included in the Capital Improvements Program and is needed regardless of whether this proposal goes forward. He stated that grading for the bridge embankments will begin in a month or so. Completion of the bridge is planned for Fall, 2001. City Engineer Faulkner stated that City staff does monitor construction of new developments and the contractor's obligation to provide street sweeping. City Engineer Faulkner explained that roadways are designed to last 20 years. He said that when a street is reconstructed, residents typically pay 30 percent of the cost associated with the reconstruction. He said that the City takes into account any construction traffic that may have occurred during such time and will assess accordingly. Senior Planner Lindahl explained that the intention of Condition #19 is that the construction equipment needs to use Xenium Lane. She said that there may be some contractors such as a heating/air conditioning contractor with a pickup truck or small van that may use Yucca Lane. She said that the intention is to keep large construction equipment off Yucca Lane. She stated that there is nothing in the City Code that prohibits construction traffic from using public streets such as Yucca Lane. She said that the Development Review Committee looked at the access issue and agreed with the proposal. Traffic will enter from the south once the bridge is open. Chairman Stulberg suggested that the residents' comments pertaining to excessive speed on Yucca Lane be passed along to public safety. City Engineer Faulkner said that residents can call 509-5130 for a traffic safety enforcement team to monitor a particular area of the City. Commissioner Stoebner asked if there is any penalty for construction traffic using Yucca Lane. City Engineer Faulkner said that the City has to rely on the developer to abide by the condition is the resolution. He stated that there will be inspection activities going on for erosion control and building inspections throughout the process which would enable some monitoring of construction traffic. Mr. Palmiter commented that they have the ability to add the condition about construction access into their contracts with contractors. Ultimately the burden comes back to the developer. He stated that he understand the sensitivity of the neighbors pertaining to construction traffic. Commissioner Stein asked what the hours of operation will be for the sales trailer. Mr. Palmiter replied the sales trailer will open up sometime in May for six months and will be open seven days a week, noon until 6:00 p.m. Commissioner Stein wondered if it would be possible to barricade Yucca Lane until noon. Senior Planner Lindahl replied that it is a possibility, but staff is Approved Planning Commission Minutes October 18, 2000 Page #6 concerned that drivers will enter Yucca Lane by mistake and have to turn around in the cul-de- sac. This would mean two trips and more of a nuisance for the neighbors. Director Hurlburt stated that it will add further confusion on hours of operation for the sales trailer. Pertaining to golf ball liability issues, Mr. Palmiter said that he doesn't know what the liabilities are of driving down a public right-of-way and the car being struck by a golf ball. Planning Manager Senness stated that both Yucca Lane and Xenium are public streets, and that Rottlund can't be held responsible if they are hit by a golf ball. Mr. Palmiter said that they will work with Ms. Begin and her concerns, landscaping will be provided, and an acknowledgment of the potential hazards of living next to a golf course will be included in the purchase agreement. In response to issues raised regarding preservation of trees, Mr. Palmiter said that if you create an earthen wall around trees you will lose them. He said that they have chosen to work with staff to come up with plans to reforest with a diverse species of trees over the entire site, which should be appealing. He said that their goal is to preserve if they can and reforest when allowed. He added that you will lose trees in order to provide housing. Pertaining to drainage and water flow, City Engineer Faulkner stated that construction inspection will take place to ensure drainage ways are kept open at all times. Commissioner Reinhardt asked if information pertaining to the driving range lights, proposed water tower, and 25 percent maximum impervious surface coverage will be given to potential homebuyers. Mr. Palmiter replied that they will be made aware of the driving range lights and proposed water tower in the purchase agreement, and that they will incorporate the limitation of the 25 percent impervious surface coverage issue into their notification for single family homes. Commissioner Berkowitz concurred with Commissioner Reinhardt's request for notification pertaining to impervious surface coverage limitations. Commissioner Berkowitz stated that growth is occurring faster than the Osseo School District anticipated. He said that even though the district passed the $137 million bond referendum, he is still concerned with the growth this development and ultimately the development in Northwest Plymouth will bring. Commissioner Berkowitz said that he would like to have land designated for school use in this area of Plymouth. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of an ordinance amendment Chapter 21 of the City Code to classify certain lands located west of I-494 and north of the Canadian Pacific Railroad as PUD (planned unit development) and the findings of fact for rezoning for The Rottlund Company, Inc. for property located west of I- 494 and north of the Canadian Pacific Railroad. Approved Planning Commission Minutes October 18, 2000 Page #7 Commissioner Stein commended Rottlund Homes for the proposal and added that he would have liked to have see some convenience/retail use within the site for added character. Commissioner Reinhardt applauded Rottlund Homes' creativity and for the housing goals. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of a preliminary plat PUD general plan and conditional use permit for The Rottlund Company, Inc. for property located west of I-494 and north of the Canadian Pacific Railroad. Chairman Stulberg asked what is being paved on Xenium Lane. Senior Planner Lindahl replied that the portion adjacent to Begin Oaks will be paved. The construction portion adjacent to Yucca Lane will not be paved. Chairman Stulberg questioned the way Condition #19 reads. He said that he interprets it to mean all construction traffic, not just heavy equipment. Commissioner Berkowitz and Stein concurred. Senior Planner Lindahl said that the Commission can direct staff to change the wording or leave it as is. She said that it is meant to imply heavy equipment, not construction workers driving in their vehicles. Commissioner Reinhardt asked if the gravel portion of Xenium Lane would be suitable for all types of traffic including personal automobiles. City Engineer Faulkner replied affirmatively. Director Hurlburt added that it would be fine as long as it is maintained. MOTION to Amend by Commissioner Reinhardt, seconded by Commissioner Berkowitz to change Condition # 19 to require that all construction traffic, including construction workers and construction related traffic use Xenium Lane. Commissioner Berkowitz said that the amendment is fair to the residents of Yucca Lane, and that this proposal is different than the golf course construction. He said that this project is an inconvenience to the neighborhood. Roll Call Vote on MOTION to Amend. 7 Ayes. MOTION to Amend approved unanimously. Roll Call Vote on Main MOTION. 7 Ayes. Main MOTION approved unanimously. Chairman Stulberg called a recess at 9:25 p.m. and reconvened the meeting at 9:35 p.m. B MARK AND JODY DEZIEL (20148) Chairman Stulberg introduced the request by Mark and Jody Deziel for a comprehensive plan amendment to add one lot to the metropolitan urban service area (MUSA), and to reguide the lot Approved Planning Commission Minutes October 18, 2000 Page #8 from LA -R (Living Area Rural) to LA -1 (Living Area 1) to allow the existing home located at 19045 Hamel Road to connect to Medina's sanitary sewer system. Senior Planner Drill gave an overview of the October 11, 2000 staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced David Sabourin of 18925 Hamel Road. Mr. Sabourin was not present to speak. Chairman Stulberg closed the public hearing. MOTION by Commissioner Stoebner, seconded by Commissioner Bobra recommending approval of a comprehensive plan amendment for Mark and Jody Deziel for property located at 19045 Hamel Road. Roll Call Vote. 7 Ayes. MOTION approved unanimously. C VIRGINIA LUOMA DANCE STUDIO (20151) Chairman Stulberg introduced the request by Virginia Luoma Dance Studio for a conditional use permit amendment to allow a 2,000 square foot expansion to a dance studio for property located at 1846 Berkshire Lane North. Senior Planner Darling gave an overview of the October 12, 2000 staff report. Chairman Stulberg introduced Ellen Keane, the applicant. Ms. Keane stated that she concurs with the staff report and is available to answer any questions the Commission may have. Commissioner Bobra asked what kind of dance is taught. Ms. Keane said that they are known for tap dance, but they do have eight professional dancers on hand that teach ballet and jazz. Chairman Stulberg opened and closed the public hearing as there was no one present to speak. MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending approval of a conditional use permit amendment to allow a 2,000 square foot expansion of a dance studio for property located at 1864 Berkshire Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. 7 NEW BUSINESS A CITY OF PLYMOUTH (20043) Approved Planning Commission Minutes October 18, 2000 Page #9 Chairman Stulberg introduced the request by the City of Plymouth to review and consider possible guide plan classification changes for Study Area E, located north of Highway 55 at or near the intersection of Old Rockford Road and Peony Lane. Senior Planner Lindahl gave an overview of the October 11, 2000 staff report. Commissioner Stein questioned the land value difference between the Commercial and Commercial Office Districts. Senior Planner Lindahl commented that the change in land value is not significant. The market changes daily and the City needs to look at what type of use makes sense with the access that is available. Planning Manager Senness stated that this site in not suitable for high end commercial use such as a McDonald's. Chairman Stulberg introduced William Dai of 17805 40th Avenue. Mr. Dai stated that he is concerned with changing Area #2 from LA -1 to CO since it is so close to Wyndemere Farms. Mr. Dai stated that traffic will be worse with office or commercial uses and will lower the property values of Wyndemere Farms. Mr. Dai said that single family homes can be built on this property. Mr. Dai stated that there needs to be transition between Area #E-2 and Wyndemere Farms. Chairman Stulberg introduced a letter dated October 17, 2000 from Brian Benson and Family of 17725 45th Avenue North and a letter dated October 18, 2000 from Ingraham & Associates of 2659 Dupont Avenue South #100, Minneapolis. Chairman Stulberg introduced Jim Yarrosh. Mr. Yarrosh indicated that he represents the Fine Family, owner of property in Area #E-1. Mr. Yarrosh urged the Commission to retain the existing C designation and let the market determine what ultimately is developed for the site. Mr. Yarrosh stated that the C guiding allows more flexibility pertaining to uses that will compliment the Plymouth Promenade development. Mr. Yarrosh commented that retail development would likely spread traffic out rather than the CO guiding which has typical hours of 9:00 a.m. to 5:00 p.m. Mr. Yarrosh stated that the City still maintains control over the intensity of the project because it is zoned FRD and issues could be addressed at the rezoning stage. Mr. Yarrosh stated that the Fine family property is on the highly visible corner of State Highway 55 and Old Rockford Road and is separated and buffered from the adjacent residential area by distance and topography, unlike some of the other parcels in Study Area E. Commissioner Bobra asked if a decision has to be made now. Senior Planner Lindahl stated that the current C guiding doesn't allow the City much flexibility. Director Hurlburt stated that the issue should be dealt with at this time. If the City believes commercial development is appropriate, then we should retain the current guiding. She stated that initially the area was to be studied because there was concerns raised that Commercial guiding may not be appropriate because of all development that has happened around the area. Approved Planning Commission Minutes October 18, 2000 Page 410 Commissioner Stein commented that a public hearing would be beneficial for discussion and that he is open to either option. Commissioner Stein asked if this property was discussed when the adjacent land was reguided from industrial to residential. Director Hurlburt replied that it was discussed and led to the study area. Planning Manager Senness commented that staff supported retaining the industrial guiding of the adjacent property because of the issues raised now, but the City Council opted to change the guiding to residential. She said that the driving force of the Council change at the time was the shortage of residential land. Commissioner Stein asked if the Council discussed the implication of commercial land next to this Study Area. Planning Manager Senness replied negatively. Chairman Stulberg said that he doesn't feel compelled to change anything at this time. He said that since the area is designated as a Study Area, the Commission needs to put some sort of closure on the issue. He presented the various options that the Commission could pursue to put closure on the Study Area. He stated that if the Commission decides to recommend against a public hearing, then staff would report that to the City Council. The City Council could say okay and the Study Area would be done, or the Council could direct the Planning Commission to initiate a hearing. Commissioner Bobra asked if there is an immediate need to do this. Director Hurlburt explained that there is an interim ordinance that will expire December 31. She said that there is some urgency to complete this as close to the timeline as feasible. Commissioner Stein asked if commercial use is okay in Commercial Office guiding. Director Hurlburt replied that some uses are allowed. Planning Manager Senness said that the difference is in the intensity of uses. Commissioner Stein said that he could see appropriate retail or commercial office in the area. He said that he doesn't see the need for reguiding at this time. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending to the City Council to not initiate a reguiding on Study Area E, and that any reference to the area as a Study Area be removed. Commissioner Stein asked if staff would provide the Commission with any more information than what is in the current staff report if a public hearing were initiated. Director Hurlburt replied that staff has given the Commission all the information that they have thus far for consideration, but a public hearing could bring more information from the public. Commissioner Berkowitz asked what type of notification would be sent if a public hearing were to be held to retain the current guiding. Director Hurlburt explained that the legal notice should be broad enough to encompass any option that the Planning Commission wants to consider. Notices would be sent to landowners within 750 feet of the site, just as they were notified of this meeting. Approved Planning Commission Minutes October 18, 2000 Page # 11 Chairman Stulberg asked how many property owners are in the Study Area. Senior Planner Lindahl replied nine or ten. Chairman Stulberg stated that many of the property owners already attended an information meeting pertaining to the Study Area. Commissioner Reinhardt said that she won't support motion because a public hearing would finalize the issue more. Commissioner Stoebner concurred. Commissioner Stoebner said that he would like to remove the reference to study areas once the area has been studied. Substitute MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt to set a hearing date of November 15 to consider removing these properties as study areas and whether these areas should be reguided. Commissioner Berkowitz said he would prefer to call to question the motion. Commissioner Stein asked if the issue isn't closed if the Commission elects not to have a public hearing. Director Hurlburt said that the issue is closed if the City Council concurs with the Planning Commission recommendation and they adopt a resolution that the study area is complete. She added that the Council could direct the Commission to hold a public hearing. Vote on Substitute MOTION 2 Ayes. Substitute MOTION failed on a 2-5 Vote. Commissioners Stoebner, Stein, Berkowitz, Neset and Bobra Voted Nay.) Vote on MOTION. 6 Ayes. MOTION approved on a 6-1 Vote. (Commissioner Reinhardt voted Nay.) Commissioner Stoebner said that he is unable to attend the November 1 meeting. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to adjourn. Vote. 7 Ayes. MOTION approved unanimously. The meeting was adjourned at 10:42 p.m.