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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.