HomeMy WebLinkAboutPlanning Commission Minutes 03-24-1999Approved Minutes
City of Plymouth
Planning Commission Meeting
March 24, 1999
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Roger
Berkowitz, John Stoebner, Allen Ribbe, Bob Sipkins and Sarah Reinhardt
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planners John
Rask, Shawn Drill, and Kendra Lindahl, City Engineer Dan Faulkner, Clerical Supervisor
Denise Hutt
4 Approval of Minutes
Commissioner Stoebner stated that the minutes should reflect that he was not in
attendance at the March 10, 1999 meeting. Commissioner Ribbe requested a change be
made to the last paragraph on Page 25. The sentence should read "... State Highway 169,
south of State Highway 55....".
MOTION by Commissioner Ribbe, seconded by Commissioner Reinhardt to approve the
March 10, 1999 Planning Commission Minutes as amended. Vote. 6 Ayes.
Commissioner Stoebner abstained.)
6 Public Hearing
A Neil Weber Architects (99011)
Chairman Stulberg introduced the request by Neil Weber Architects for a Site Plan
Amendment and Conditional Use Permit Amendment for an approximately 2,232 -square
foot building addition and parking expansion for the Church of Latter Day Saints located
at 330 Vicksburg Lane North.
Planner Lindahl gave an overview of the March 12, 1999 staff report and noted that the
applicant recently submitted a lighting plan and that it does comply with the zoning
ordinance requirements.
Chairman Stulberg introduced Neil Weber, the petitioner. Mr. Weber stated that drainage
has been an issue with this site. They have been working with staff on some outstanding
issues related to the storm sewer and they will be presenting new plans and calculations
to the city staff for approval. Mr. Weber commented the slope is currently toward the
church site, which causes drainage problems on site.
Chairman Stulberg asked if the applicant agrees with the conditions that are in resolution.
Mr. Weber replied that they agree with everything but they philosophically disagree with
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the condition requiring them to provide additional spruce trees to screen the parking lot
from the adjacent homes. Mr. Weber said that although he may not agree with the
condition, he will comply with whatever the Commission approves.
Commissioner Reinhardt asked what day during the week the parking lot would be
utilized the most. Mr. Weber said that right now the church does not really need the
additional parking, but it is a way to deal with the existing drainage problem and provide
parking for future growth. He added that Sundays and Wednesdays are usually the
busiest days at the church.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Philip Brockman of 15730
3rd Avenue North. Mr.
Brockman stated that he never encountered any drainage or water problems on his
property until the church was built, and was glad to hear that they are proposing a system
to alleviate the problem.
Chairman Stulberg introduced Brian Berberich of 400 Upland Lane. Mr. Berberich asked
if the intention is to expand the congregation beyond what it is now. He wanted to know
if they are proposing to put a fence around the entire new area, and stated that he would
like to see screening on the north end of the property. Planner Lindahl stated that the
applicant is required to screen the new parking area from the adjacent homes on the south
and east. The parking must be completely screened to a height of six feet through
landscaping, a board fence or a combination of the two. The zoning ordinance does not
require additional landscaping on the north.
Chairman Stulberg introduced Sharon Berberich of 400 Upland Lane. Ms. Berberich
stated that the church has been a quiet neighbor but during the months of May, June, and
July, the parking lot is used by the public for softball and soccer games which creates a
lot of noise. She recognized that it is not the church's fault, but asked what could be done
about it.
Chairman Stulberg closed the public hearing.
Mr. Weber stated that this proposal is the ultimate expansion for the church. He said that
this addition essentially allows the church to have three congregations - three churches in
one. He said that the only parking issue they experience is the changeover time between
the different congregations.
Chairman Stulberg asked what the intention is for screening on the south side of the site.
Mr. Weber answered that the screen will most likely consist of a combination of
landscaping and fencing. He added that they have no intention of adding any screening
to the north side of the property. Planner Lindahl stated that the property is not adjacent
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to residential on the north; therefore, the ordinance does not require the applicant to do
any additional screening on the north.
Mr. Weber stated that there is a chain link fence on the property line, but in the summer
parents come for the ball games at Birchview Elementary and break the chain link fence
to provide access between the church parking lot and the school ballfields. He said that
the church has repaired the fence twice already but it is broken again. The church intends
to repair the fence again. He commented that there is no agreement with the church to let
others use the parking lot.
Chairman Stulberg told the applicant to let the City know when the fence has been
repaired and staff can inform the public safety division to perhaps patrol the area more
frequently. Commissioner Stoebner asked if the only way to the parking lot from the
ballfields is through the fence. Mr. Weber replied affirmatively.
Chairman Stulberg asked if Mr. Weber could explain how the drainage issue will be
addressed. Mr. Weber stated that the water will be collected from the parking lot and
drain to the catch basin. He said that the catch basin will alleviate any standing water and
drain it away into the city sewer system.
MOTION by Commissioner Stulberg, seconded by Commissioner Sipkins to approve a
Site Plan Amendment and Conditional Use Permit Amendment for a building addition
and parking lot expansion at the Church of Jesus Christ Latter Day Saints at 330
Vicksburg Lane North.
Commissioner Sipkins said that since Planner Lindahl indicated that several of the
conditions listed in the resolution have been dealt with already, he wondered if they
should be removed. Chairman Stulberg said that he didn't feel comfortable doing that
since he hasn't seen any of the information that was submitted. Roll Call Vote. 7 Ayes.
MOTION approved unanimously.
B City of Plymouth (99019)
Chairman Stulberg introduced the request by the City of Plymouth for amendments to
Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance to: 1) allow
accessory buildings to be placed within an equivalent yard, which is the area between the
main building and an abutting arterial, major collector, or other public street where access
has been prohibited; and 2) clarify that accessory buildings that are 120 square feet in
floor area or less are exempt from the requirement for a building permit.
Planner Drill gave an overview of the March 17, 1999 staff report.
Commissioner Reinhardt asked how the amendment would affect swingsets and playsets.
Planner Drill stated they are currently addressed under another provision of the code;
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however, the amendment would help to clarify that swingsets and playsets could be
located in an equivalent yard. Planner Drill added that swimming pools would also be
allowed in the equivalent yard.
Chairman Stulberg asked what accessory buildings would not be allowed under the
amendment. Planner Drill responded that the amendment would allow all types of
accessory buildings in the equivalent yard, including tool sheds, gazebos, swimming
pools, garages, and greenhouses. Director Hurlburt stated that we had a variance request
for an accessory building a couple of months ago, which still would have needed a
variance because of the setbacks.
Commissioner Berkowitz asked if there was any consideration given to relaxing the
setbacks from the major collector and arterial streets. Planner Drill stated that the
amendment would allow the same minimum setback that is required for the home.
Director Hurlburt stated that part of the rational for maintaining the same setback is
because accessory buildings can include large garages.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak.
MOTION by Commissioner Ribbe, seconded by Commissioner Reinhardt
recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the
City Code relating to accessory buildings for residential uses and the Findings of Fact for
amending the Zoning Ordinance text relating to accessory buildings for residential uses.
Roll Call Vote. 7 Ayes. MOTION approved unanimously.
7 New Business
A Moen Leuer Construction (99010)
Chairman Stulberg introduced the request by Moen Leuer Construction for consideration
and review of an Environmental Assessment Worksheet for Plymouth Ponds Business
Park Buildings 5-8, a proposed 383,964 square foot office/warehouse development, for
property located north of Medina Road, south of Highway 55, and west of the existing
Plymouth Ponds Business Park.
Planner Rask gave an overview of the March 15, 1999 staff report.
Jenny Ross, consultant from SRF gave an overview of the EAW dated March 1999. Ms.
Ross stated that the major impacts that were identified were the wetlands, water quality
and traffic issues.
Commissioner Sipkins asked if the modification from business park to industrial park
implies that the traffic would increase and include more truck traffic and more noise. Ms.
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Ross explained that the trips are based on the land use and from estimates established
using the ITE manual. She stated that according to the ITE manual, 211 trucks were
calculated for this development versus 219 trucks for the Cornerstone Commons project.
She said that for all purposes, it would be the same.
Commissioner Sipkins asked about the possibility of installing a traffic control signal at
County Road 24 and Medina Road, as he didn't see anything addressed in the EAW. Ms.
Ross stated that on Page 32 of the EAW it states that in addition to the roadway
improvements to be provided by the developer, the city plans to work with Hennepin
County in providing the installation of a traffic control signal at the intersection of
County Road 24 and Medina Road. City Engineer Faulkner stated that the intersection
currently does not meet warrants for a traffic signal. Commissioner Sipkins asked how
long before it would meet the warrants for a traffic signal. City Engineer Faulkner stated
that the number of accidents at an intersection plays a role in the determination along
with the warrants. He added that there really haven't been many accidents at that
intersection, and would assume in the next few years that the intersection would meet the
traffic warrants for a signal. Director Hurlburt commented that there was a lot of
discussion about the intersection before Plymouth Station went in and that signals were
added at the Plymouth Station entrance on County Road 24, which has helped the traffic
situation.
Commissioner Sipkins asked if any of the property owners near the proposed
development received copies of the EAW. Planner Rask replied that copies were not
mailed out, but that the property owners received notification that the EAW is available
for review at city hall. Commissioner Sipkins asked why the neighbors that have
attended various meetings were not given copies of the EAW, as they are directly
affected by the proposal. He commented that the City should be providing information to
solicit their comments early on in the process. Director Hurlburt explained that the City
of Plymouth goes above and beyond what is required by the state concerning
notifications. She said that the comment period continues to April 21st
and the
application will not go to the City Council until May
4th.
Chairman Stulberg stated that
the City has to be careful as to how we mail these out, as someone may be left out, which
could potentially cause problems. Commissioner Berkowitz pointed out that there was an
article in the Sun -Sailor which stated that the EAW is available at city hall and the
library, which should be adequate. Ms. Ross stated that meetings were held with the
neighborhood during the EAW process for the Elim Care project and staff was made
aware of the traffic issues at that time. She said that the findings of the Elim Care study
are no different for this proposal.
Chairman Stulberg asked if the 10 -acre farm site had not been put in the proposal, would
the EAW have had to be redone. Planner Rask replied negatively. Planner Rask
commented that he attended the neighborhood meeting regarding the proposal and said
that some people at the meeting were concerned with traffic and other issues, but a
number of people thought the proposal looked reasonable. Director Hurlburt stated that
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we can certainly send letters to key people in the neighborhood reminding them about the
EAW comment period.
Commissioner Reinhardt asked about the problem with the created wetland complex near
the entrance to the site, and what determines a high quality wetland Planner Rask stated
that the wetland was created in 1995 or 1996, and that the City holds money in the form
of a financial guarantee to ensure that the area takes on the appropriate wetland
characteristics. He said that in this particular case, the primary concern is the depth and
the side slopes. Planner Rask stated that staff feels that between the applicant's wetland
consultant and city staff, that they can come up with a variety of methods to enhance the
wetland so it would meet the requirements in another couple of years.
Commissioner Stein asked if a delivery van is counted the same as a semi -truck. Ms.
Ross stated that a vehicle with a longer wheel base and beyond would be counted as a
semi, and a normal truck chassis would be included as a regular vehicle. Commissioner
Stein asked what a UPS truck would be classified as. Ms. Ross replied that it would be
considered a regular car vehicle. Commissioner Stein asked if the EAW findings indicate
that the traffic for a business park would be equivalent to a industrial park. Ms. Ross
replied affirmatively.
Commissioner Reinhardt asked what areas of the farm the consultant is concerned with
pertaining to groundwater contamination and asked about the potential impact of the
contamination. Ms. Ross stated that the concern is relative to a Phase I and Phase II
assessment completed for the property. She explained that the developer will be hiring
an environmental consultant, and for the areas that are identified, there is a monitoring
process by the Pollution Control Agency. She said that the soil may have to be removed
and/or treated in a special way.
Chairman Stulberg asked if the EAW comment period closes before the project would
come back to the Planning Commission. Planner Rask stated that the application falls
under the two meeting process. The first time the application would be heard is at the
April 14, 1999 Planning Commission Meeting and the EAW comment period is open
until April 21, 1999. The application is scheduled to come back to the Planning
Commission again on April 28. 1999. Chairman Stulberg asked if that is the normal
process. Planner Rask stated that the City Council can't act on the EAW until after the
comment period. He said that it is not uncommon for the development project to follow
immediately after the public meeting on the EAW. Chairman Stulberg stated that for
future references, he would prefer to hold off the first meeting of the application itself
until after the EAW comment period is over.
Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen stated that there was
some minor staining on the farm site where they filled their tractors with fuel. He said
that they are confident that what is there will be easy to clean up, and that they will have
a yearly inspection on the wetland. Mr. Moen said that they are currently working on
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improving the wetlands. He stated that they are also staying in touch with the
neighborhood through meetings. Mr. Moen commented that currently Plymouth Ponds is
340,000 square feet and that they don't have 219 trucks a week. He said that at one point
they had someone count trucks one day and there were 14 trucks that came to the site.
Commissioner Reinhardt asked what activity is going on at the farm site currently. Mr
Moen stated that there is 140,000 cubic feet of dirt that will come off the Elim site, and
they have been working on the grading and accesses.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner to accept
the EAW for Plymouth Ponds, Buildings 5-8 located north of Medina Road, south of
Highway 55, and west of Plymouth Ponds, Buildings 1-4 (17430 Medina Road), and
further recommend that there is no need for an EIS.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Sipkins to
investigate the possibility of moving forward more quickly on the signalization for the
intersection at County Road 24 and Medina Road, and further direct the applicant to
count truck traffic for total trucks and to break it down by use and class before the full
application comes back to the Planning Commission.
Commissioner Berkowitz asked if the cost of the signal would be borne by the City and
the County, or is it possible to have the developer pick up a portion of cost. Director
Hurlburt said that it would be difficult to require the developer to pick up a portion of the
cost, because the development doesn't cause the need. She said that staff can look at
what might be needed to move the installation of a signal forward, but the County has to
weigh the request against the other signal priorities for the City. City Engineer Faulkner
said that staff is working on a report for the City Council of intersections that do meet
warrants right now for signals. Chairman Stulberg said that the intersection may meet the
warrants once this proposal is built. Commissioner Ribbe said that the important
message to relay to the City Council is that the Planning Commission feels that it is
urgent to have a signal at the intersection once the development is completed.
Commissioner Berkowitz said that while he doesn't question the urgency, he doesn't
know if it is the proper way to attach it to the EAW. Director Hurlburt said that it can be
done either way, as comments will be in the form of motions. Chairman Stulberg said
that it is not a condition, but rather just a recommendation. Roll Call Vote on
Amendment. 7 Ayes. MOTION approved unanimously.
MOTION to Amend by Commissioner Sipkins, seconded by Commissioner Stein to
mail the EAW to a number of residents in the area affected by the development.
Commissioner Ribbe noted that it is difficult to know where to draw the line as to who
should receive copies of the EAW. He said inevitably, someone will say that they were
not informed. Commissioner Sipkins asked about mailing the EAW to the president of
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the homeowners associations for the area that would be affected by the development.
Director Hurlburt said that another statement about the EAW could be added to the
property notice that will be mailed on April 2, 1999. Commissioner Reinhardt stated that
residents were notified about the EAW and the public meeting, and it is by their choice
that they did not attend the public meeting. She commented that she supports mailing the
EAW to the president of the homeowners association.
Substitute MOTION to Amend by Commissioner Sipkins, seconded by Commissioner
Stein to mail the EAW to the president of the homeowners associations that will be
affected by the development and to mail an additional notice out on April 2, 1999.
Commissioner Berkowitz commented that the notice should include a statement that the
EAW was mailed to the president of their homeowners association. Commissioner
Sipkins stated that the City does do a good job of sending notices, but people don't
respond the same to one page versus an EAW in the mail. Roll Call Vote. 7 Ayes.
Substitute MOTION to Amend approved unanimously.
Commissioner Stein asked what would happen to the full application if the City Council
requests that an EIS be done. Planner Rask stated that action on the full application
would cease. Commissioner Berkowitz asked if we then go back to meeting one for the
full application. Director Hurlburt said that if the City Council decided that an EIS
should be done, the application would be put on hold for at least one year and the
Planning Commission would again hold public hearings for the project. Director
Hurlburt stated that the Planning Commission will be holding a public hearing on April
14, 1999 while the EAW comment period is still open which may help the Commission.
Chairman Stulberg said that he's not sure he wants to deal with mixing the EAW issues at
the public hearing for the full application. Director Hurlburt said that you don't want to
delay the process too long since an EAW was already involved. Roll Call Vote on Main
MOTION. 7 Ayes. MOTION approved unanimously.
Director Hurlburt reminded the Commission about the March 31, 1999 special meeting.
Commissioner Stein commented that he would not be at the March 31st
meeting.
MOTION by Commissioner Stoebner, seconded by Commissioner Stein to adjourn.
Vote. 7 Ayes. MOTION carried unanimously. The meeting was adjourned at 9:03 p.m.