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HomeMy WebLinkAboutPlanning Commission Minutes 07-14-1999Approved Minutes City of Plymouth Planning Commission Meeting July 14, 1999 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Bob Stein, John Stoebner, Roger Berkowitz and Sarah Reinhardt MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Kendra Lindahl and Shawn Drill, Public Works Director Fred Moore and Clerical Supervisor Denise Hutt 4 Approval of Minutes MOTION by Commissioner Reinhardt, seconded by Commissioner Stein to approve the June 23, 1999 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved unanimously. (Commissioner Ribbe abstained.) 5 Consent Agenda A ERIC PEARSON (99048) MOTION by Commissioner Ribbe, seconded by Commissioner Reinhardt recommending approval of a side yard setback variance to allow construction of a three - season porch approximately 14 feet from the south property line for Eric Pearson for property located at 1015 Kirkwood Lane North. Vote. 6 Ayes. MOTION approved unanimously. 6 Public Hearings A CITY OF PLYMOUTH (98025) Chairman Stulberg introduced the request by the City of Plymouth for proposed land use guide plan amendments for the Plymouth Comprehensive Plan Update. Director Hurlburt gave an overview of the July 9, 1999 staff report. Commissioner Reinhardt stated that she would like to see some motions before the Commission hears testimony. Commissioner Ribbe concurred. MOTION by Commissioner Ribbe, seconded by Commissioner to eliminate Area 2 (#4 North of Highway 55, west of Medicine Lake Drive) and Area 11 (area south of Schmidt Lake Road, west of Northwest Boulevard and east of I-494) from further consideration. Approved Planning Commission Minutes July 14, 1999 Page #97 Commissioner Reinhardt commented that she was surprised with the number of comments made from residents of Area 11 that said that Driveway Design is a good neighbor. She stated that she would respect the neighborhood's wishes for now until a development proposal comes forward for the Commission to take another look at the area. Chairman Stulberg stated that cities have to go through the Comprehensive Plan Update process and analyzing areas of the City is not an attempt to take people's property away. He said that the process is an attempt to gain public comment and that no one from the Commission or staff is undertaking the process for a personal gain. Commissioner Berkowitz asked by voting on eliminating certain areas if the Commission would be taking away the opportunity to keep the items on the table for the public to make comments. He suggested that people be able to speak on an area if they so choose. Chairman Stulberg concurred. Vote. 6 Ayes. MOTION carried unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending Area 1 (area between East Medicine Lake City park and Highway 169, north of 13th Avenue; area west of Nathan Lane, between 13th Avenue and 10th Avenue; and area south of 10th Avenue, west of Nathan Lane and east of Revere Lane); Area 2 (#8 — south of Highway 55, Cottonwood Lane and #9 — south of Highway 55, area south of future frontage road and east of Zachary Lane); Area 3 (#10 — area west of Zachary Lane (Co. Rd. 73) and 11 — area east of Zachary Lane (Co. Rd. 73); Area 7 (#19 — residential properties between Highway 55 and Old Rockford Road); and Area 9 (area south of Bass Lake Road between Nathan Lane and Trenton Lane; northeast corner of Nathan Lane and 56th Avenue; vacant parcel south of 56th Avenue between car dealership and Nathan Lane; and, area south of 56th Avenue on Highway 169 frontage road) be designated as areas as a potential "transition area" or "study area". Commissioner Berkowitz questioned why Area 9 should be included as designated as a study area since it wasn't recommended by staff Chairman Stulberg replied that all of the comments regarding Area 9 hadn't been received when the staff report was distributed. He said that there seems to be enough question about the area to warrant recommending that it be studied. Vote. 6 Ayes. MOTION approved unanimously. Chairman Stulberg suggested that the Commission hear testimony first on the areas that are recommended to be continued for consideration as amendments to the land use plan Approved Planning Commission Minutes July 14, 1999 Page #98 and then those areas recommended to be designated as study areas, followed by areas recommended to be eliminated from further consideration. Director Hurlburt said that the areas that are ultimately designated as study areas will have to be prioritized at some point by the Planning Commission and City Council to be studied separately later. Chairman Stulberg called a recess at 7:42 p.m. and reconvened the meeting at 7:52 p.m. Chairman Stulberg opened the public hearing. TESTIMONY FOR AREAS CURRENTLY RECOMMENDED FOR CONTINUED CONSIDERATION AS AMENDMENTS: Area 3: Chairman Stulberg introduced Don Reinke of 408 Zachary Lane. Mr. Reinke commented that he has lived in Plymouth for 60 years. He congratulated the Planning Commission for finally wanting to reclassify the land. He said that the land should have been reclassified 30 to 40 years ago. Mr. Reinke commented that that the City is probably only reclassifying the property now because it wants part of the land. Chairman Stulberg introduced Bob Reinke of 418 Zachary Lane. Mr. Reinke said that most of the property in question is wetlands and is protected as such. He asked why someone else needs to own it, since there is nothing that can be done with the land. Director Hurlburt commented that the area was designated as an area of interest by the Open Space Committee. She said that when and if the landowners do something with their property, the City will take that area as dedication. She said that the land is unique enough to put in public ownership if the situation arises. Bob Reineke asked if the City would let a developer come along first and then let the developer dedicate the land. Director Hurlburt responded that it is the City's intent to wait and see what comes forward and that the City has no plans to acquire any additional parcels at this time for open space. Chairman Stulberg introduced Colleen Fontanella of 118 Union Terrace Lane. Ms. Fontanella stated that she was concerned about the significant zoning change proposed for Area 3 (#11 — area east of Zachary Lane (Co. Rd. 73). She said that the trees currently shelter a wetland with a large amount of wildlife and if higher density units are placed on the site, it could destroy the trees and wildlife. Area 4: Approved Planning Commission Minutes July 14, 1999 Page #99 Chairman Stulberg introduced Eugene Berthiaume of 16940 Highway 55. Mr. Berthiaume stated that Tri-State Drilling has been located in Plymouth since 1960 and that they have been good neighbors and have abided by the rules and ordinances. Mr. Berthiaume stated that the property has been designated Commercial since 1959, and sees no reason that it should change now. Mr. Berthiaume commented that Tri-State Drilling is a family business and that they intend to hook up to City sewer and water. He said that they plan on keeping their business in Plymouth for a long time. He stated that changing the guiding to residential would be a hardship on them. He stated that they currently put in a fence so that their property is screened from the new residential area. Chairman Stulberg asked Mr. Berthiaume what the hardship would be if the guiding was changed. Mr. Berthiaume stated that he couldn't expand or change his business if the guiding were to be changed. He added that if he ever decided to sell the property, the resale value wouldn't be as much guided residential than what it is now guided commercial. Chairman Stulberg introduced Jerry Theis of 16800 Highway 55. Mr. Theis stated that he owns Dundee Nursery and Landscaping and that their property has been commercial just as long as the property in Area 2, so that maybe their area should also be designated as a study area. Mr. Theis said that the current commercial use would generate far less traffic than the proposed residential use. Mr. Theis stated that his property becoming a non -conforming use is a real issue for him which can be devastating. He said that they have to be able to rebuild the business if needed. Mr. Theis commented that the current zoning is appropriate, and in reality it should be eliminated from further consideration or designated for further study. Chairman Stulberg introduced Joe Keller of 13200 46th Avenue North. Mr. Keller said that he hasn't heard any economic justification one way or another for changing the guiding. He asked what it means to the City if an area is changed from commercial to residential. Chairman Stulberg said that the City is only talking about the guiding right now, so there is no way to tell how many units would be going in on a piece of property. Mr. Keller asked if the economic argument ever comes into play when making a decision about the guiding of a property. Director Hurlburt replied that property taxes and economics is not the main motivation for the City's Land Use Guide Plan. She said that when staff evaluates all the proposed changes, they are looking at an aggregate and plugs those figures into the system. She said that the net impact of the proposed changes on the City is about neutral. Director Hurlburt said that the City's financial condition are not negatively impacted, and the impact on individual landowners will vary greatly. Mr. Keller asked if there is a benchmark that the City is trying to hit or obtain certain goals. Director Hurlburt explained that one aspect of the comprehensive plan is a housing plan and Plymouth is compared to the metropolitan area as a whole. She said that the City of Plymouth does have goals for affordable and diverse housing and that they City is not meeting those goals. Approved Planning Commission Minutes July 14, 1999 Page #100 Commissioner Reinhardt asked if the Dundee Nursery site was originally brought up for consideration because of transportation in that the roads around the site can't support the traffic. Director Hurlburt said that it is workable as long as the Dundee use continues, but it they weren't there, the site couldn't support more intense commercial retail use because of transportation concerns. Commissioner Stoebner commented that he wants to separate out Area 4 as a separate vote. Area 5: No comments. Area 6: No comments. Area 7: Chairman Stulberg introduced Mike Pflaum of Lundgren Bros. Construction. Mr. Pflaum stated that he is opposed to the proposed intensification of use for the northeast corner of Peony Lane and Old Rockford Road. He said that Lundgren Bros. Construction platted the surrounding land last September and the homes are projected to retail for $250,000. He said that they have no difficulty of dealing with the existing circumstances of the corner parcel of LA -1, and he had no inkling that the guiding would be changed. Mr. Pflaum stated that their property is currently being development and thinks the valuation of the surrounding homes would be negatively impacted. Mr. Pflaum commented that the detriment to the site in question is the automotive garage and the vehicles on the site, which can be dealt with by putting in a fence. He said by changing the guiding to Commercial Office there could be virtually any type of use on the site. Mr. Pflaum asked if it is a good idea to add commercial activity between the high school and Kimberly Lane Elementary. He said that some uses are not suitable for that site because of the proximity to the schools. Mr. Pflaum asked how they should deal with perspective homebuyers as to what can go in on the site is the guiding is changed. Chairman Stulberg introduced Joe Rupar of 18140 Highway 55. Mr. Rupar asked that the City make water and sewer available in his area, as there are services to the north, south and east of his property. Chairman Stulberg suggested that Mr. Rupar contact the City engineer. Chairman Stulberg introduced John Waters of 1301 E. 79th Street, Bloomington. Mr. Waters was not present to speak. Approved Planning Commission Minutes July 14, 1999 Page #101 Commissioner Ribbe suggested that Area 7 (#21 — northeast corner of Peony Lane and Old Rockford Road) be voted on separately. Area 8: No comments. Area 10: Chairman Stulberg introduced Tim Murray of 6308 Upland Lane and Boyer Palmer of 5780 Oakview Lane North. Mr. Boyer stated that when he purchased his property, it was guided commercial and about 10 years later the City changed it from commercial to LA - 1. He then built a PUD and dedicated 3 '/z acres to Hennepin County. He stated that he was unable to complete the development because Northwest Boulevard has not been completed. Mr. Boyer stated that Northwest Boulevard is now scheduled to go through within the next year and he doesn't think the City should be able to come and change the guiding now. Mr. Murray asked if there isn't an existing PUD on the property now. Director Hurlburt explained that the zoning was changed to C-4 when the Zoning Ordinance was revised and there is no longer a PUD on the property. She said that there is no contract on zoning decisions. Mr. Murray asked which of the eight goals of the comprehensive plan goal statement the proposed change fits into. Director Hurlburt replied that it related to the housing goal. Chairman Stulberg introduced Terry Schneider of 600 Highway 169. Mr. Schneider stated that the property has been guided commercial for quite some time and he hasn't been able to develop because Northwest Boulevard hasn't been completed. He said that now that Northwest Boulevard is to be completed, the City shouldn't be able to come in and change the guiding now. He should be able to continue as planned. He said that he agrees that some change might be appropriate, but would suggest that a future study be done after the road is completed or the area be eliminated completely from further consideration. Chairman Stulberg introduced David Smith of 12215 60th Place North. Mr. Smith asked if there was any other specific reason besides the housing goal to change the guiding. He asked why the guiding couldn't be LA -1 or LA -2 instead of LA -4. Director Hurlburt explained that there are several reasons for the proposed LA -4 guiding. The characteristics of the site are conducive to LA -4 guiding as there are major roads to provide a transition between guidings and the City is in need of the diversity and density of housing that LA -4 guiding offers. Mr. Smith commented that it looks like there is a concerted effort to change property to LA -4 across the City. Director Hurlburt stated that the Comprehensive Plan Goals were developed by various commissions and it is Approved Planning Commission Minutes July 14, 1999 Page #102 important for the City to meet those goals and to provide different types of housing and affordable housing to house young people that want to remain in Plymouth and to provide housing for seniors that are trying to downsize. She said that there are very few sites left in the City with utilities to provide residential development. She stated that the vacancy rate in Plymouth is very low. Mr. Smith asked if anyone has requested that this parcel be changed. Director Hurlburt responded that none of the proposed changes were driven by requests. Mr. Smith stated that he would like this area to be eliminated from further consideration. Commissioner Berkowitz asked that the area be separated. Area 12: Chairman Stulberg introduced John Starr of 3450 Fernboork Lane. Mr. Starr said that there is only one acre that is buildable. He stated that the area is controlled by the residents based on an agreement. Mr. Starr gave a history of the parcel and stated that he was strongly against the proposed change. He stated that while the boundary of the creek provides a good buffer, it takes away their rights to improve their property. He said that by reguiding the area it will only serve to allow the single adjacent developer to expand to their property border without meeting the normal rules for residential standoff distances. Commissioner Stein asked that the area be separated. Area 13: No comments. Area 14: Director Hurlburt commented that staff may initiate a change in the Zoning Ordinance to allow a veterinary clinic for the existing business in the area. Chairman Stulberg called a recess at 9:03 p.m. and reconvened the meeting at 9:12 p.m. TESTIMONY FOR AREAS CURRENTLY RECOMMENDED FOR DESIGNATION AS A POTENTIAL "TRANSITION AREA" OR "STUDY AREA": Area 1: Chairman Stulberg introduced Terrie Christian of 9910 South Shore Drive. Ms. Christian stated that residents on Medicine Lake are interested in some kind of a change that would alleviate the water quality issue of impervious surface water runoff She said that the Approved Planning Commission Minutes July 14, 1999 Page #103 residents don't want a change that would worsen existing problems or initiate new problems. Ms. Christian stated that the residents do not want high density housing or a development that would bring in tall buildings as it will change the recreational part of the lake. Chairman Stulberg introduced Linda Fisher of 1500 Norwest Financial Center. Ms. Fisher stated that she represents eight industrial park property owners in Area 1. She gave an overview of her July 14, 1999 letter that was submitted to Anne Hurlburt. She listed the eight property owners that she represents and specifics about each company including what each company does; how long they have owned the property; how many employees they have; how many square feet of space they have; and, how much they have invested in tenant improvements. Ms. Fisher stated that the proposed land use guide plan amendment will have a substantial adverse impact on the property owners and their tenants for several reasons. First, the existing businesses would generally become non- conforming uses which are not allowed in the zoning district that would implement the proposed reguiding. Additionally, a non -conforming use may not be enlarged or increased, may not be expanded to occupy a greater area of land than that occupied by such use at the time of adoption of the rezoning, and may not be moved to any other part of the parcel of land upon which the business was conducted at the time of adoption of the rezoning. Furthermore, if the use has been discontinued for one year, the new use must conform to the regulations of the zoning district in which it is located. She stated that the non -conforming use status prohibits or discourages continued investment and expansion of the affected properties and will make it virtually impossible for the owners of multi -tenant facilities to lease the property for the existing industrial use. Ms. Fisher stated that the proposed land use guide plan amendments will substantially diminish property values. Ms. Fisher said that the City is always free to study redevelopment and land use plan designations; this opportunity would continue to exist even if the potential transition or study area designation were not included in the comprehensive plan. Chairman Stulberg introduced Bruce Graybow of 2001 Norway Pine Circle (Graybow- Daniels). Mr. Graybow stated that they just entered into a lease with Creek Litho and they are concerned with the proposed guiding change. They have to have the ability for continued expansion in the building without being concerned with a non -conforming use. Mr. Graybow stated that the property is critical for his tenants and his family. He stated he is concerned with devaluation of his property if the guiding is changed. Mr. Graybow stated that he wants the area eliminated from further consideration. Chairman Stulberg introduced Steve Hedberg of 1205 Nathan Lane North. Mr. Hedberg stated that he has dramatically improved his property and has been a good neighbor by putting in berming and screening. He said that his business provides a community service to the public. Mr. Hedberg stated that any guiding change would be financially devastating. Mr. Hedberg requested that the area be eliminated from further consideration. Approved Planning Commission Minutes July 14, 1999 Page #104 Chairman Stulberg introduced Bridget Jodell of 10100 South Shore Drive. Ms. Jodell was not present to speak. Chairman Stulberg introduced John Murzyn of 10310 South Shore Drive. Mr. Murzyn was not present to speak. Chairman Stulberg introduced Jay Mutschler of 7025 Knox Avenue South, Richfield. Mr. Mutschler stated that he is the owner and manager of Medicine Lake Properties. Mr. Mutschler stated their building supports 28 businesses and over 250 employees. The average length of tenant time is 5 to 6 years. He stated that they have a well-maintained property and have invested large sums of money into the many improvements over the years. Mr. Mutschler stated that the reguiding would be detrimental to the tax base and cause a hardship to those companies and employees that would be forced to move. He requested that the area be eliminated from further consideration. Chairman Stulberg introduced Jeff Rutman of 10895 57th Avenue North (Minter - Weisman Co.) Mr. Rutman stated that they have grown at a rate of 5 to 10 percent per year. He stated that an area study would be just as detrimental to them as a reclassification of guiding. Chairman Stulberg introduced Don Smith of 10000 South Shore Drive. Mr. Smith suggested that future studies be done on each section of Area 1 one at a time. He stated that he is not against the change, but doesn't want a high concentration of people. He is concerned with surface water runoff and noise that higher density brings. He said that the area should be considered for future studying to be fair to everyone. Mr. Smith said that he would rather see LA -2 guiding or a discreet office building near 17th Avenue. Area 2: Chairman Stulberg introduced Len Lindelof of 620 Cottonwood Lane. Mr. Lindelof was not present to speak. Area 3: No comments. Area 7: Chairman Stulberg introduced Jim Yarosh and Phil Carlson of 300 1st Avenue North, Minneapolis. Mr. Yarosh stated that he represents the Fine family and objects to the any proposed change and wants the area eliminated from further consideration. Mr. Carlson stated that he is with Dahlgren Shardlow and Uban on behalf of the Fine family. Mr. Uban stated that the property is best suited for commercial uses and is ill suited for residential. He stated that because the parcel is long and narrow, the required building Approved Planning Commission Minutes July 14, 1999 Page #105 setbacks consume over 60 percent of the property, allowing only modest utilization for development with an extensive landscape perimeter, making a commercial use the most realistic land use to absorb this burden. Mr. Carlson stated that a study on the area will put a damper on potential development of the property. Mr. Carlson said that since the property is currently zoned FRD, the City would have a chance to review it when a proposal comes forward. Area 9: Chairman Stulberg introduced Krista Fragola of 5680 Trenton Lane North. Ms. Fragola was not present to speak. Chairman Stulberg introduced James Fragola of 5680 Trenton Lane North. Mr. Fragola was not present to speak. Chairman Stulberg introduced Charles Radloff of 9979 Valley View Road, Eden Prairie. Mr. Radloff stated that he is the architect representing Astleford F.L.P. Mr. Radloff stated that designating the area as a study area would be acceptable to them. Chairman Stulberg introduced Daonna Start of 5355 Union Terrace Lane North. Ms. Start was not present to speak. TESTIMONY FOR AREAS CURRENTLY RECOMMENDED FOR ELIMINATION FROM FURTHER CONSIDERATION: Area 2 (#4 — north of Highway 55, west of Medicine Lake Drive and South Shore Drive): No comments. Area 11: Chairman Stulberg introduced Joe Keller of 13200 46th Avenue North. Mr. Keller was not present to speak. Chairman Stulberg introduced Thad Lightfoot of 4640 Underwood Lane North. Mr. Lightfoot stated that he represents the Curtis Lake HOA. He thanked the Commission and staff for removing the item from consideration. Mr. Lightfoot thanked Councilmembers Black and Johnson for being so responsive to the residents' concerns. Mr. Lightfoot stated that Driveway Design is not the perfect neighbor, but in the last year the noise has lessened and there has been less equipment than in previous years. Mr. Lightfoot stated that the neighbors are opposed to the proposed guiding change because of the density. Mr. Lightfoot stated that the proposed LA -3 guiding is not compatible and is inconsistent for the area. He said that the owner of Driveway Design did not request Approved Planning Commission Minutes July 14, 1999 Page #106 the guiding change and doesn't want it. Mr. Lightfoot presented a petition against the proposed guiding change for the area. Chairman Stulberg introduced Mitch Morey of 4628 Underwood Court. Mr. Morey was not present to speak. Chairman Stulberg closed the public hearing. Director Hurlburt suggested that the Commission take each area one at a time to vote on them. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending that Area 1 (between East Medicine Lake City park and Highway 169, north of 13th Avenue) be designated as a "study area." Commissioner Stein asked if the area is designated as a study area, if it would show as such on the Comprehensive Plan Map. Chairman Stulberg suggested that we don't put dotted lines on the map. He said that he agrees that once something is down on paper, it could create problems. Director Hurlburt commented that it may be appropriate to map potential study areas. Commissioner Stein asked how potential land owners will know about the proposed changes that could occur if it's not on the map. Director Hurlburt stated that something could be put into the text of the comprehensive plan and not on the map. Director Hurlburt stated that if the Commission believes an area won't change in the next 20 years, a study may or may not be appropriate. She also noted that the designated areas should be prioritized. Commissioner Stein stated that Area 1 is appropriate to study. He said that as far as industrial parks go, it is on a high scale, but it's near Medicine Lake. He said that the end result of the study may be to leave it as industrial, but the Commission should look at the area further. Chairman Stulberg commented that designated study areas will have to be added to the Commission's work plan for further study. Commissioner Ribbe asked what the study really means if you're not designating it on the map. Chairman Stulberg said that the Commission needs to look at the City as a whole and where housing is lacking or redevelopment is needed, which is why the focus area analysis was started. Commissioner Ribbe stated that he would be inclined to vote against the motion as the property owners have stated their long term commitment to their properties. MOTION to Amend by Commissioner Ribbe, seconded by Commissioner Stoebner to eliminate Area 1 from further consideration. Approved Planning Commission Minutes July 14, 1999 Page #107 Commissioner Stoebner stated that even by removing the area from further consideration, it doesn't prohibit the City from looking at the area at some point in the future. He said that to designate the area for further study would not be well -served and would be a detriment to the property owners. Commissioner Reinhardt said that she wouldn't support the amendment because of the proximity to the lake and the natural resources that are involved. Commissioner Stein suggested that the City develop a policy that establishes how the City would get involved in redevelopment of an area. Commissioner Ribbe stated that the Commission should be practical as they have heard testimony from the property owners that there won't be an opportunity for redevelopment unless there is involvement from the City. Chairman Stulberg stated that he would abstain from voting on Area 1 as one of the land owners in the area is a major competitor. Roll Call Vote on MOTION to Amend. 2 Ayes MOTION failed on a 2-3 Vote. Commissioners Berkowitz, Reinhardt and Stein voted Nay.) (Chairman Stulberg abstained). Roll Call Vote on Main MOTION. 3 Ayes. MOTION carried on 3-2 Vote. Commissioners Stoebner and Ribbe voted Nay.) Area 2 (#4 — north of Highway 55, west of Medicine Lake Drive) is recommended to be eliminated from further consideration. MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner recommending designation of Area 2 (#5 — north of Highway 55, between Medicine Lake Drive and south Shore Drive; #6 — north of Highway 55, mobile home park; and #7 — north of Highway 55, east of South Shore Drive and north of frontage road south) for consideration as an amendment. Roll Call Vote. 6 Ayes. MOTION approved. MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner recommending designation of Area 2 (#8 south of Highway 55, Cottonwood Lane and #9 south of Highway 55, area south of future frontage road and east of Zachary Lane) as a potential "transition area" or "study area" along with mapping the area. Director Hurlburt commented that the City has received an application for a proposed redevelopment project covering both these areas. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes July 14, 1999 Page #108 Area 3 (#10 — area west of Zachary Lane (County Road 73) and #11— area east of Zachary Lane (County Road 73) was recommended to be designated as a potential transition area" or "study area." MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt recommending that Area 3 (#10 — area west of Zachary Lane (County Road 73) and #11 area east of Zachary Lane (County Road 73) be mapped as a study area. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Berkowitz recommending Area 3 (#12 — area east of Zachary Lane (County Road 73) and #13 — Apostolic Lutheran Church) be continued for consideration as an amendment. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Berkowitz recommending Area 4 (#14 — Dundee Nursery and Tri-State Drilling properties) be designated as a potential "transition area" or "study area" and that the area be mapped. Commissioner Reinhardt asked Commissioner Stein what reason(s) persuaded him to recommend that the area be studied. Commissioner Stein responded that Tri-State Drilling could be changed, but not the Dundee site. Commissioner Berkowitz concurred and added that we don't know what the best residential use could be right now and it seems that the commercial use could continue further into the future. Commissioner Stoebner said that the proposed motion is better than the proposed change, but he thinks that the current commercial guiding is appropriate. MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Ribbe recommending that Area 4 (#14 — Dundee Nursery and Tri-State Drilling properties) be eliminated from further consideration. Commissioner Stoebner stated that nothing precludes the City from studying this area in the future. He stated that he believes the current guiding is appropriate. Commissioner Reinhardt asked if the area is eliminated, if the subject area is "erased" from staff's mind. Director Hurlburt responded that it may go away with respect to the land use guide plan map that is prepared this fall. She stated that as long as Dundee is there, the use is relatively low intensity, but with the size and visibility of the property, the potential will always be there that it could change over to a more intense use that will create high traffic. Commissioner Stoebner stated that it would be a tremendous burden to the property owner to have a non -conforming use. Approved Planning Commission Minutes July 14, 1999 Page #109 Director Hurlburt stated that the reality is that commercial/retail sites in highly visible locations are very scarce in Plymouth. There is still quite a bit of uncertainty for this area. Commissioner Stein asked if mapping the area would cause the property to become non- conforming. Director Hurlburt replied negatively. She stated that the Dundee property is already a non -conforming use — the property is guided commercial, but doesn't have commercial zoning. If it is mapped as a study area and the property owner comes in for a rezoning, the City would have to give it to him because it is consistent with the comprehensive plan. Chairman Stulberg asked that Area 4 (#15 — vacant wetland site on north side of Highway 55) be included in the MOTION to Amend recommending that the area be eliminated from further consideration. Chairman Stulberg stated that the two areas are connected. Director Hurlburt stated that the areas are really separate, because it doesn't share access and the characteristics of the land area different. Director Hurlburt stated that the two areas probably should have been numbered differently. Chairman Stulberg concurred. Roll Call Vote on MOTION to Amend. 3 Ayes. MOTION to Amend failed on a 3-3 Vote. (Commissioners Stein, Reinhardt and Berkowitz voted Nay.) Substitute MOTION by Commissioner Berkowitz, seconded by Commissioner Stein recommending that Area 4 (#14 — Dundee Nursery and Tri-State Drilling properties) be designated as a potential "transition area" or "study area" but not be mapped. Roll Call Vote. 2 Ayes. MOTION failed on a 2-4 Vote. (Commissioner Stoebner, Ribbe, Reinhardt and Chairman Stulberg voted Nay.) Roll Call Vote on Main MOTION. 3 Ayes. MOTION failed on a 3-3 Vote. Commissioners Stoebner, Ribbe and Chairman Stulberg voted Nay.) Director Hurlburt commented that if a decision can't be made, then it would just move forward to the joint commission meeting for discussion to take place and a decision made. MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending that Area 4 (#14 — Dundee Nursery and Tri-State Drilling properties) be eliminated from further consideration. Commissioner Stein stated that whatever is proposed for the property has to come before the Planning Commission for consideration, so he doesn't see why it has to be studied. Approved Planning Commission Minutes July 14, 1999 Page #110 Roll Call Vote. 5 Ayes. MOTION approved on a 5-1 Vote. (Commissioner Berkowitz voted Nay.) MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending that Area 4 (#15 — vacant wetlands site on north side of Highway 55) be continued for consideration as an amendment to the land use plan. Commissioner Reinhardt asked if there enough dry land to put something there. Director Hurlburt stated that the City has seen some odd proposals for this property. She stated that there is an access from Highway 55, but there is little dry land and nothing could be developed without substantial variances. Director Moore stated that utility services would have to be extended in order to develop the site. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Ribbe recommending that Area 4 (#15 — vacant wetlands site on north side of Highway 55) be eliminated from further consideration. Director Hurlburt stated that the reason staff recommended this was because having it colored red on the map sends a message that brings us outlandish proposals that aren't worth anyone's time to consider. Roll Call Vote. 5 Ayes. MOTION to Amend was approved on a 5-1 Vote. Commissioner Reinhardt voted Nay.) Director Hurlburt commented that this area may be one where the staff may disagree with the Planning Commission's recommendation. MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending that Area 5 (residential properties on north side of Highway 55 and 41st Avenue, south of Rockford Glen development) be continued for consideration as an amendment to the land use plan. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Berkowitz recommending that Area 6 (#17 — driving range property and #18 — Len Busch Roses property) be continued for consideration as an amendment to the land use plan. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Regarding Area 7, Commissioner Reinhardt asked if there is a significant difference in monetary value of a property zoned residential. Director Hurlburt replied that often it is, but it depends on the characteristics of the site. It's not always true, but often, that you get a greater return on land that is zoned commercial. MOTION by Commissioner Berkowitz, seconded by Commissioner Stein recommending that Area 7 (#19 — residential properties between Highway 55 and Old Approved Planning Commission Minutes July 14, 1999 Page #111 Rockford Road) be designated as a potential "transition area" or "study area" and that the area be mapped. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending that Area 7 (#20 — southeast corner of Peony and Old Rockford Road) be continued for consideration as an amendment to the land use plan. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Regarding Area 7 (#21 — northeast corner of Peony and Old Rockford Road), Director Hurlburt stated that this area was one that staff struggled with as Lundgren has pretty much subdivided all the property around it, virtually isolating this property from that development. Staff did look at this and tried to realistically think what would happen if those properties were redeveloped from their current use of LA -1 guiding. Given the access and the frontage, if it was LA -1 guiding, then we would continue to have individual driveways fronting on Old Rockford Road which is less than desirable. An office designation would allow these properties to develop for one or two uses that could be compatible with the residential area and provide a service. This intersection is becoming a highly traveled crossroad in the City and staff thought that office would be a better use that would have less traffic impact. Director Moore stated that there will only be full access on the easterly side of the property for three parcels, so if they are left residential, you will have two parcels with a right -in, right -out only. Commissioner Berkowitz asked if LA -3 or LA -4 could work. Director Moore replied that it could, but all three parcels would have to be combined. Commissioner Stoebner asked if the parcels are owned by the different property owners. Director Hurlburt replied affirmatively. Regarding what to tell potential homeowners in the Lundgren development, Commissioner Reinhardt asked if we left it LA -1, if there wouldn't potentially still be the uncertainty of what would be proposed by a developer. Director Hurlburt stated that there are some unattractive things on the properties and if we leave it LA -1, it would still continue and when and if the time comes for the land to change, it probably won't be for another single family house. Therefore, there is going to be something different on that corner due to the size, shape and access of the parcel. Director Hurlburt stated that no one is living there yet, so now may be the time to change it. MOTION by Commissioner Reinhardt, seconded by Commissioner Stein recommending Area 7 (#21 — northeast corner of Peony and Old Rockford Road) be continued for consideration as an amendment to the land use plan. Commissioner Reinhardt stated that there is uncertainty with both scenarios and it makes sense with the high traffic on that street to change it to commercial office guiding. Approved Planning Commission Minutes July 14, 1999 Page #112 Director Hurlburt stated that the kind of use likely for the site would be a dental office or daycare center or perhaps a small senior development which could be quite compatible with the area. Roll Call Vote. 4 Ayes. MOTION approved on a 4-2 Vote. (Commissioner Ribbe and Chairman Stulberg voted Nay.) MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner recommending that Area 8 (two parcels at southeast corner of Nathan Lane and 45th Avenue) be continued for consideration as an amendment to the land use plan. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending that Area 9 (#23 — area south of Bass Lake Road between Nathan Lane and Trenton Lane; #24 — northeast corner of Nathan Lane and 56th Avenue; #25 — vacant parcel south of 56th Avenue between car dealership and Nathan Lane; and #26 — area south of 56th Avenue on Highway 169 frontage road) be designated as a potential "transition area" or study area" and not be mapped. Chairman Stulberg stated that he doesn't see a necessity to map any area. MOTION to Amend by Commissioner Reinhardt to map Area 9. MOTION to Amend failed, due to a lack of a second. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stein, seconded by Commissioner Berkowitz recommending that Area 10 (area north of Bass Lake Road (County Road 10) and west of Northwest Boulevard, extended) be designated as a "transition area" or "study area" and be mapped. Director Hurlburt stated that this is an area that should be mapped as the testimony from the landowner's representative indicated that commercial guiding may not be right. Everyone agrees that things have changed but are not sure what guiding is best. Commissioner Berkowitz stated that LA -4 may not be the best use, but agrees that the area should be studied. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Area 11 (area south of Schmidt Lake Road, west of Northwest Boulevard and east of Fernbrook Lane) was recommended to be eliminated from further consideration. Approved Planning Commission Minutes July 14, 1999 Page #113 MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending that Area 12 (move boundary between LA -3 and IP guided land lying east of Fernbrook Lane to follow Plymouth Creek) be eliminated from further consideration. Commissioner Reinhardt asked if a homeowner can make additions to their house if they are designated a non -conforming use. Director Hurlburt replied that a homeowner can make repairs, but if the home was destroyed more than 50 percent of its value, they couldn't reconstruct it. Director Hurlburt stated that she won't argue against the motion, but if the industrial property owner could come to an agreement with this landowner, then the boundary would be established at the creek. Director Hurlburt stated that there is an existing vacant parcel that is affected by this and the owner will probably want it rezoned to have a new home built on it. If there is a new house built on the vacant lot, then the odds of changing this is the future are nil. If the industrial owner acquired this property, they could add another building for 40,000 to 50,000 square feet. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending that Area 13 (area at southwest quadrant of I-494 and Highway 55 interchange, between Fernbrook Lane and Cheshire Lane north of 27th Avenue extended) be continued for consideration as an amendment to the land use plan. Commissioner Reinhardt stated that the area seems to have exciting potential. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt recommending that Area 14 (area west of Highway 101, north of 19th Avenue and east of Merrimac Lane) be continued for consideration as an amendment to the land use plan. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B LANDFORM ENGINEERING COMPANY (99057) Chairman Stulberg introduced the request by Landform Engineering Company for a Planned Unit Development (PUD) Amendment for Pike Lake Woods 2nd and 3rd Addition located north of Bass Lake Road and east of Hemlock Lane. The request is to increase the maximum impervious surface area coverage in the Shoreland Management Overlay District. Planner Lindahl gave an overview of the July 8, 1999 staff report. Commissioner Reinhardt asked about the calculation difference for the impervious surface coverage. Planner Lindahl explained that ultimately there is a three percent Approved Planning Commission Minutes July 14, 1999 Page #114 increase for the third addition. She said that the difference would be worked out before the item comes back to the Planning Commission for the second meeting. Chairman Stulberg questioned why this application is a two -meeting process. Planner Lindahl replied that it is because the application pertains to a PUD. Commissioner Berkowitz asked if staff look at some other environmental restoration type measures that could be done to compensate for the excess surface coverage. Planner Lindahl replied that there are already some things in place such as treatment ponds. She stated that it is not adjacent to the lake and there is a large open space between them and Eagle Lake Park. Chairman Stulberg introduced Steve Johnston, the petitioner. Mr. Johnston stated that they made a mistake and did not include covered porches because they are on the second levels of the homes and did not include sidewalk areas. The mistake wasn't caught until the 16th building permit was issued. Mr. Johnston stated that the bottom line is that the project is not changing from what was approved a year ago. Mr. Johnston stated that they are providing treatment for areas off of their property. Mr. Johnston stated that the calculation difference pertains to open space and which phase it belongs to. Commissioner Stein asked if the applicant has looked into an alternative type of landscaping to compensate for the increase in impervious surface. Mr. Johnston replied that some areas are being left natural or seeded with native vegetation and the site also has several NURP ponds. Mr. Johnston stated that they requested that the Hennepin County Park District allow them to increase the size of the pond, but were denied. Commissioner Stein asked at what height does the second story constitute an impervious surface. Planner Lindahl replied that there is no height standard. Anything with a roof is an impervious surface as well as a driveway. Director Hurlburt a cantilever can be so many square feet, but if it exceeds that, then it is considered impervious surface. Commissioner Berkowitz asked the applicant if they have prepared runoff rate calculations and if so, have they been reviewed by the City engineer. Mr. Johnston replied affirmatively. Commissioner Berkowitz stated that the runoff rate has to be less than predevelopment, so the intent of the ordinance has been taken care of. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Commissioner Stoebner stated that Commissioner Berkowitz suggested that staff review the runoff calculations before the item comes back to the Commission. Commissioner Berkowitz suggested that staff research if there has been any alternative landscaping that has been done to compensate for impervious surface. Planning Supervisor Senness stated Approved Planning Commission Minutes July 14, 1999 Page #115 that we can look at the amount of area that is left natural versus the amount of groomed lawns for a typical development. C MAXWELL JOHANSON MAHER ARCHITECTS (99046) Chairman Stulberg introduced the request by Maxwell Johanson Maher Architects for a Site Plan, Conditional Use Permit and Variances for construction of a 46,483 square foot two-story assisted living facility and a 7,800 square foot one-story Alzheimer facility to be known as "Hearthstone Assisted Living" at the northwest quadrant of Highway 169 and Rockford Road. Planner Lindahl gave an overview of the July 8, 1999 staff report. Commissioner Reinhardt asked if there is enough parking for residents that will be living there. Planner Lindahl replied that the application does comply with the ordinance requirements. Chairman Stulberg introduced Thom Rourke, the petitioner. Mr. Rourke presented elevations for the plan. He stated that the typical resident is an 85 -year old woman, and that most of the residents rarely drive. Mr. Rourke stated that he concurs with the staff report. Chairman Stulberg asked if the Alzheimer building could have been a wing of the assisted living facility. Mr. Rourke replied affirmatively. Commissioner Reinhardt asked if the parking is adequate with the number of staff and residents that will be on site. Mr. Rourke stated that they typically need between 30 and 40 spaces for a facility of this size and they have 34 spaces, which is all they need. Planning Supervisor Senness stated that this is consistent with what was approved a couple of years ago for a similar project. Commissioner Ribbe asked what the fees would be for a resident. Mr. Rourke replied 1,300/month for a shared room, up to $2,100/month for a small single room for the assisted living facility. Chairman Stulberg opened and closed the public hearing as there was no one present to speak. MOTION by Commissioner Stoebner, seconded by Commissioner Ribbe recommending approval of a Site Plan, Conditional Use Permit and Variances for Hearthstone Assisted Living Facility and Alzheimer's Facility at the northwest quadrant of Rockford Road and State Highway 169. Approved Planning Commission Minutes July 14, 1999 Page #116 Commissioner Berkowitz stated that the application meets the requirements of the zoning ordinance, but the blend of this facility with the surrounding businesses seems puzzling. He stated that nonetheless, he will support the motion. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7 OLD BUSINESS A LAWRENCE BEGIN (99041) Chairman Stulberg introduced the request by Lawrence Begin for an Interim Use Permit to allow filling of property located approximately 600 feet east of Fernbrook Lane at 43rd Avenue. He noted that the item was continued from their May 26, 1999 meeting. Planner Drill gave an overview of the July 7, 1999 staff report. Commissioner Reinhardt asked if Condition #13 required the applicant to complete the process within one year from the date of adoption of the resolution. Planner Drill replied affirmatively. Planner Drill stated that based on history, the last 4000 cubic yards could be completed within the next year. Commissioner Berkowitz asked how far into the property is the second silt fence. Planner Drill replied about 15 feet into the property. Commissioner Reinhardt asked the applicant why the process is taking so long to finish. Mr. Begin replied that he takes fill whenever he can get it from people. He stated that the process should be completed within a year. Commissioner Reinhardt stated that she hopes that it is finished within a year. MOTION by Commissioner Stoebner, seconded by Commissioner Stein recommending approval of an Interim use Permit for Lawrence Begin for property located roughly 600 feet east of Fernbrook Lane at 43rd Avenue. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Chairman Stulberg reminded the Commission of the July 19 and July 27th meetings. Chairman Stulberg suggested that someone talk to the City Council on how to handle the July 27th meeting as the public hearing has already been held and we have other business to take care of. Commissioner Stoebner stated that he would not be able to attend July 27th and July 28th meetings. Approved Planning Commission Minutes July 14, 1999 Page #117 MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 12:15 a.m.