HomeMy WebLinkAboutPlanning Commission Minutes 01-06-1998CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JANUARY 6, 1998
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Kim Koehnen,
Jeff Thompson, Bob Stein, Roger Berkowitz and John
Stoebner
MEMBERS ABSENT: Commissioner Allen Ribbe
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners Kendra Lindahl and John
Rask, and Clerical Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
Chairman Stulberg noted that Homestead Village, Inc. should be listed as 7A, as it should
be a public meeting, not a public hearing.
4. APPROVAL OF MINUTES:
Commissioner Koehnen requested that the words "..and the wetlands" be deleted from
paragraph one of Page #271.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen to approve
the December 16, 1997 Planning Commission Minutes as amended. Vote. 4 Ayes.
Commissioners Stein and Berkowitz abstained).
5. CONSENT AGENDA:
A. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT (97175)
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson
recommending approval of a request by Suburban Hennepin Regional Park District for a
Site Plan Amendment for construction of a 192 square foot storage shed in French
Regional Park located at 12615 Rockford Road. Vote. 6 Ayes. MOTION approved
unanimously.
6. PUBLIC HEARINGS:
A. MATTHEW MCLEOD AND LESLIE MCLEOD JACKSON (97174)
Chairman Stulberg introduced the request by Matthew McLeod and Leslie McLeod
Jackson for a Minor Variance for a 19.5 -foot front yard setback where 25 feet is required
in order to construct a three season porch onto an existing deck at 5267 Ximines Lane
North.
Planner Lindahl gave an overview of the December 26, 1997 staff report.
Chairman Stulberg asked what objections staff received pertaining to the proposal.
Planner Lindahl replied that the main concerns raised were the front yard variance and the
porch would not be aesthetically pleasing to the neighbors.
Chairman Stulberg introduced Leslie Jackson, the petitioner. Ms. Jackson stated that she
is a single parent and does not have the option of moving; therefore, needs the additional
room. Ms. Jackson commented that she meets all the ordinance standards, and concurred
with the conditions listed in the staff report.
Commissioner Stoebner asked if the 25 -foot setback was enacted after the new Zoning
Ordinance was adopted. Director Hurlburt replied affirmatively, explaining when the
townhome development was built it was in a Planned Unit Development, which was
changed to RMF -1 with the new Zoning Ordinance.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Sharon Brynstad of 5275 Ximines Lane. Ms. Brynstad
stated she is not against the proposal, but would rather see the roof pitched in the center
which would be more aesthetically appealing. Ms. Brynstad asked how high the wall
would be.
Chairman Stulberg closed the public hearing.
Ms. Jackson replied that the wall would be extended four feet above the existing wall.
Commissioner Koehnen commented that if the roof was pitched in the center, it would
slope and cause water runoff onto the neighboring decks. Director Hurlburt stated that
the proposed roof line would be consistent with the townhome architecture.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen to approve a
Variance for Matthew McLeod and Leslie McLeod Jackson for property located at 5267
Ximines Lane North. Commissioner Stoebner commented that he was concerned about
the hardship aspect, but since the ordinance changed the setback, the proposal should be
approved. Commissioner Thompson concurred. Roll Call Vote. 6 Ayes. MOTION
approved unanimously.
B. CITY OF PLYMOUTH (97176)
Chairman Stulberg introduced the request by the City of Plymouth to amend the text of
Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance to permit radio
receivers and transmitters in connection with essential services, and wireless antennas and
commercial facilities in City rights-of-way.
Planner Rask gave an overview of the December 29, 1997 staff report.
Chairman Stulberg asked if the amendment is approved, can different providers go on the
same structure. Planner Rask replied that NSP requires each one to be reviewed
individually, and if the tower is in City right-of-way, the City would have to review each
request on a case-by-case basis as some may require an encroachment agreement.
Commissioner Thompson asked if there is a way to make separate motions. Planner Rask
replied that the amendments is one action as proposed.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced John Theis, of NSP. Mr. Theis thanked staff for the time
spent on the amendments. Mr. Theis explained that NSP in working in conjunction with
CellNet Data Systems, Inc. to deploy technology to remotely read electric and natural gas
meters via radio signal. There will be 24,722 meters to be changed out in Plymouth. Mr.
Theis showed what the new meter and Micro Cell Controller unit will look like. Mr. Theis
stated that 214 MicroCell Controllers and two CellMaster units will be installed in
Plymouth. Mr. Theis explained that postcards will be sent out to residents three weeks in
advance to change out their meters. They will also be notifying the Public Safety
Department when they anticipate working in the area.
Chairman Stulberg asked what happened to the technology from Johnson Controls that
allowed the meters do be read while driving by. Mr. Theis replied that there has been too
much snow the last two years which caused problems trying to read the meters, and they
also received too many complaints from customers.
Chairman Stulberg closed the public hearing.
Commissioner Thompson stated he would be abstaining from voting.
MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz
recommending approval of an Ordinance amending the Plymouth City Code, by amending
Chapter 21 (Definitions, Essential Services, and Public Property/Rights-of-Way) and
Findings of Fact for amending Section 21005, 21160, and 21180 of the Plymouth City
Code (Definitions, Essential Services, and Public Property/Rights-of-Way). Roll Call
Vote. 5 Ayes. (Commissioner Thompson abstained).
7. NEW BUSINESS:
A. HOMESTEAD VILLAGE, INC. (97051)
Chairman Stulberg introduced the request by Homestead Village, Inc. for a Sketch Plan
for a 122 -unit extended stay hotel located east of Nathan Lane North, south of State
Highway 55, and west of Highway 169 North.
Planner Rask gave an overview of the December 31, 1997 staff report.
Commissioner Koehnen wanted to know if the proposal indicates any changes that would
need to be made to Bassett Creek; questioned what the possible historical features are;
and, if staff needs to consider a manager on-site changing anything. Planner Rask stated
there would be some impact to the floodplain associated with Bassett Creek. He
explained that more details would be required at the site plan stage. Planner Rask said
that the applicant would address the possible historical features of the "Little Peninsula".
The presence of an on-site manager is not relevant at the sketch plan review stage, but
would be during consideration of the site plan and conditional use permit.
Chairman Stulberg asked what staff s perspective is of the off-site mitigation that is
proposed. Planner Rask explained that the sketch plan would impact 7,740 square feet
10 percent) of the wetlands. The applicant proposes to mitigate wetland impacts on the
area known as the "Little Peninsula" on Medicine Lake. The applicant would mitigate for
wetland impacts and buffering impacts for approximately 35,000 square feet including
wetland restoration, creating a wetland and a buffer area adjacent to that. He said that
their plan seems to meet the requirements under the Wetland Conservation Act.
Director Hurlburt noted that if the applicant receives approval, they intend to donate the
land to the city, but whether the city accepts it is an issue outside of the realm of the
Planning Commission. The issue is not part of the sketch plan, and will be dealt with by
the City Council and the Park Board.
Commissioner Stein questioned that the issue of mitigation would need to be considered in
reviewing the sketch plan, and if not, when would the Commission consider it. Director
Hurlburt stated that the main issue for the Commission at this stage is whether the
proposed development is appropriate for the site. Chairman Stulberg commented that the
Commission does need to consider the mitigation, as mitigation is required in order for the
project to be approved for the site.
Chairman Stulberg introduced Paul Crabtree, representing the petitioner. Mr. Crabtree
introduced Kris Osburn and Barton Barrow (architect, landscaping), Rick Smith (wetland
consultant), John Payton, and Chris Moehrl (Westwood Professional Services - civil
engineers), and Jim Touve (land owner). Mr. Crabtree stated that they have spent a year
working with the city on the project. There is a demand for extended stay hotels for the
business travelers. Homestead Village has 70 hotels currently opened and 50 more under
construction. They have a project in Eagan opening this week and one in Eden Prairie later
this month. Their hotel rooms include a kitchenette and work station for laptop
computers. Their hotels do not include a restaurant, pool, or work-out rooms, as their
clients prefer to patronize other facilities in the community.
Mr. Crabtree gave a history of the project indicating a text amendment to the Zoning
Ordinance in March, 1997 and they applied for a Site Plan in April, 1997. Mr. Crabtree
indicated they have received favorable responses from the DNR, Army Corps. of
Engineers and the neighbors pertaining to mitigation on the Little Peninsula. Mr. Crabtree
said that there are no other sites in this particular sub -market that are available. Mr.
Crabtree commented that they think they have a good mitigation plan, and they have
developed a new proto-type by putting parking underneath the building, thus reducing the
footprint. They are proposing vacation of the right-of-way to take ownership and then
replat to combine the three lots and leave the Muellers with a cross access easement and
reciprocal parking. Mr. Crabtree stated that there is a possible archeological site on a
small portion of the peninsula, so they would not be doing any mitigation at that point.
Mr. Crabtree said the benefits of the project would include a net increase of $200,000 in
property taxes; a hotel in an area where it is needed; and, an increase of wetlands to the
area by 33,000 square feet.
Commissioner Koehnen asked what is in the archeology site. Mr. Crabtree replied that a
couple of coat buttons were found.
Commissioner Stein asked why the applicant is requesting a variance for building height
and what the height of the building would be. Ms. Obsburn replied the average height of
the building is 47 feet. Mr. Crabtree stated they needed to go higher in height because of
the parking under the building.
Commissioner Koehnen asked if the parking would be enclosed. Ms. Osburn replied
negatively, as it needs to be open mainly for ventilation reasons.
Commissioner Stein asked if the grade of the parking could be lowered, thus, lowering the
building height. Mr. Payton commented that by lowering the grade you get into floodplain
and drainage issues. Commissioner Stein asked if water issues could be handled with
sump pumps. Mr. Payton replied negatively. Chairman Stulberg asked the applicant what
they would do if one of the conditions of the approval was to lower the parking grade.
Mr. Payton replied that they are trying to keep the elevation high enough to avoid any
floodplain issues. Mr. Payton said if the parking was any lower, it would be very difficult
to maintain that area.
The Commission questioned how the building height is measured for the project as it
relates to the ordinance. Ms. Osburn commented that the top of the tower would not
exceed 60 feet. Commissioner Berkowitz asked if they didn't need to consider the top of
the tower for building height, as in the church steeple on a previously approved project.
Director Hurlburt replied that steeples may be different. Planner Rask read the section in
the ordinance pertaining to calculating building heights.
Commissioner Thompson asked if commercial office is an overused land use category.
Director Hurlburt responded that in terms of vacant land left, commercial office is the
most abundant category left, but that is city-wide, and the applicant only looked at land in
their particular sub -market area.
Mr. Payton explained the floodplain issues and how it relates to the site. Mr. Touve
commented that he doesn't remember seeing any water standing on the property this past
spring or summer. He added that he has never seen water go over Bassett Creek since
he's owned the property (1963).
Commissioner Stein questioned if the NURP pond could be made larger to allow lowering
the grade of the parking. Mr. Payton replied that they have a volume need for water
runoff from the parking and roof. He said the pond could become deeper, but then they
may get into a situation of water backing up into the pipes.
Chairman Stulberg summarized that the main concerns seem to be the parking lot design
and if it will flood. He said the Commission would like to see the feasibility of lowering
the parking so the building could be lowered to avoid the need for a building height
variance. Mr. Crabtree stated that the insurance company requires the grade to be a
couple feet higher than the floodplain.
Chairman Stulberg introduced Bruce Larson of 263 '/z Peninsula Road. Mr. Larson stated
that he represents the Association of Medicine Lake Citizens. Mr. Larson said that the
Little Peninsula is a very valuable piece of property which is favorable to the residents of
that area. The benefit would be to the City of Plymouth to receive that property as a
donation as part of the proposed project. Mr. Larson stated that the residents are in favor
of the plan and support the proposal. He said that Medicine Lake is the jewel of
Plymouth. Mr. Larson stated that if the Little Peninsula is not donated to the City, it
could then be developed as townhome units. Mr. Larson encourage the Commission to
approve the proposal.
Chairman Stulberg introduced John Felcyn of 1304 West Medicine Lake #322. Mr.
Felcyn stated that he is the President of the Sunrise Bay Homeowners Association. Mr.
Felcyn concurred with the comments made by Mr. Larson.
Chairman Stulberg introduced Erika Urban of 1541 West Medicine Lake. Ms. Urban
stated that she has lived by Medicine Lake for 33 years. She said an uneasy feeling
remains that the Little Peninsula could be developed as apartments or townhomes. She
stated she is in favor of the proposal so that the peninsula could be donated to the City.
Ms. Urban asked if the plan involves removing the foundations from old homes that are no
longer there.
Chairman Stulberg introduced Terrie Christian of 9910 South Shore Drive. Ms. Christian
presented an aerial photograph of the Medicine Lake area. She commented that she is in
favor of the development to preserve the water quality of Medicine Lake. She stated that
the Board of AMLAC supports the proposal also. Ms. Christian stated that one AMLAC
member also participated in the open space committee, and said that the Little Peninsula
was designated as the number one spot to leave as open space. Ms. Christian stated that
the proposal would increase the wetlands, and Medicine Lake deserves to be considered
for mitigation and improvement for wetland quality.
Mr. Crabtree stated that they have not looked at removing the foundations yet, but they
would be cleaned up unless it would interfere with archeological issues.
Chairman Stulberg stated that the issue regarding the City accepting the land will be dealt
with by the City Council, and the only thing the Planning Commission can discuss it how
the proposal sits on a particular site and variances that are requested.
Commissioner Koehnen asked if Homestead Village owns the Little Peninsula. Mr.
Crabtree replied that they currently have it under contract so if the project gets approved,
they can move forward to purchase the property.
Commissioner Stein commented that the general area would be good, and the hotel is a
good idea, but he wasn't sure about the particular site. He stated that he thought the
benefits would outweigh any of the negatives.
Commissioner Thompson wanted to know if staff concurs with the hardship and if the
mitigation complies. Planner Rask stated that staff believes the proposal complies with the
Wetland Conservation Act, and that there is a hardship, but staff has not reached a
conclusion as to what extent variances should be granted.
Director Hurlburt stated the sketch plan will go forward to the City Council to review and
comment on, and they would decide if they want to set a hearing to vacate the road
easement. Director Hurlburt stated that there are issues and concerns that would need to
be addressed if the City decides to take on the Little Peninsula, but that is a council issue.
Commissioner Berkowitz asked if it is feasible for the proposal to proceed without the
caveat of the Little Peninsula. Chairman Stulberg commented that the parcel could be
mitigated off site somewhere else in Plymouth. Director Hurlburt stated that it would be
hard to find an area in Plymouth for the migration. Planning Supervisor Senness
commented that it is preferred that the migration take place in the same watershed.
Commissioner Koehnen asked if staff thought there is potentially more room for
improvement of the proposal for the site. Planner Rask replied that the applicant has
come a long way in working through some issues, and they can't have a smaller building
to make the project work financially. Planner Rask commented that there could be other
uses as allowed in the Zoning Ordinance that may work on the site, but it would be
difficult to tell what impact they may have on the site.
Chairman Stulberg commented that as a sketch plan, the project passes. He said that the
variances could be addressed with more detail, and traffic is a concern that should be
looked at. He stated that he would like to see the mitigation on the Little Peninsula,
whether it is publicly or privately owned.
Commissioner Thompson stated that he thinks it is a valuable project, and fits the City's
need. It is an attractive building and meets the variance standards. Commissioner
Thompson stated the zoning of commercial office would be difficult to make economically
viable, and this proposal would clean up the junk on the site. The migration efforts are
valuable to the City, and comply with the Wetland Conservation Ordinance.
Commissioner Thompson stated that the developer has gone forward with good faith and
thanked him for the effort of sticking with the project.
Commissioner Koehnen stated her concurrence with Commissioner Thompson and
Chairman Stulberg, and that the project should move forward.
Commissioner Stein commented that staff should further investigate the possibility of the
peninsula being turned over to the City. Director Hurlburt stated that if the City Council
sets a public hearing to vacate the right-of-way, then the issue would be referred to the
park board and then that input would be part of the discussion when the item comes back
to the Planning Commission.
Commissioner Stoebner stated his concurrence with Commissioner Thompson and
Chairman Stulberg.
Commissioner Stein stated the project would fit in nicely with the Waterford Towers, and
he could support the variances if the Little Peninsula is turned over to the City.
Commissioner Berkowitz concurred.
8. OTHER BUSINESS:
Commissioner Berkowitz asked if any commissioner would be willing to serve on the Park
and Recreation Advisory Committee for 1998. Commissioner Koehnen stated she would
be willing to serve.
Chairman Stulberg stated he couldn't attend the January 27th
Planning Commission
meeting.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to adjourn.
Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at
9:00 P.M.