HomeMy WebLinkAboutPlanning Commission Minutes 01-10-1996CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JANUARY 10, 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson,
Allen Ribbe, Linda Oja (arrived at 7:10 p.m.) and Saundra
Spigner
MEMBERS ABSENT: None.
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara
Senness, Senior Planner John Keho, Planner Shawn Drill,
City Engineer Dan Faulkner, and Planning Secretary Denise
Hutt
1. Call to Order: The meeting was called to order at 7:05 p.m.
2. Public Forum: None.
3. Approval of Agenda: Approved unanimously.
4. Approval of Minutes:
MOTION by Commissioner Stimson, seconded by Commissioner Ribbe to approve the
December 13, 1995 Planning Commission Minutes.
Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Stimson, seconded by Chairman Stulberg to approve the
December 20, 1995 Planning Commission Minutes.
Vote. 4 Ayes. MOTION carried unanimously. (Commissioner Spigner abstained.)
5. Consent Agenda: No items.
6. Public Hearings
A. CITY OF PLYMOUTH (95125)
Chairman Stulberg introduced the request by the City of Plymouth for a Comprehensive
Plan Amendment to the Land Use Guide Plan Element for Plymouth City Center located
east of Vicksburg Lane between County Road 9 and Highway 55.
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Page #6
Director Hurlburt gave an overview of the City Center Plan indicating what information
was new since the earlier Planning Commission meeting on this item. She indicated that
the draft Zoning Ordinance Amendment had been prepared and was a part of the staff
report, as were several letters received from property owners. She indicated that staffs
goal would be that if the Planning Commission recommends approval of this amendment,
that the City Council would act on this at their January 23, 1996 City Council meeting.
Director Hurlburt indicated that City staff received a letter recently from Rodney
Morrisette indicating support of John Day's position concerning the potential impact of the
plan on property values. He was specifically concerned with the uses that would be
permissible under the "CC -OT Office -Tech" zoning classification.
Director Hurlburt indicated that staff had looked at the market aspects of the plan, but had
not prepared a detailed study since specific market studies are not traditionally prepared at
the Comprehensive Plan stage.
Director Hurlburt indicated that while much of the discussion during this review process
has been around specific uses allowed in specific locations, she believed that design
standards were perhaps the most critical part of this project. The design standards would
be important in the overall design of the area.
Director Hurlburt indicated that staff had received a letter from Ken Streeter with
reference to how the City is handling applications in process. Ms. Hurlburt stated that the
City Attorney's office has reviewed this issue, and stated that once regulations are adopted
by the City Council, that they can then be applied to all applications that had not yet been
approved.
Director Hurlburt also responded to a comment in Mr. Streeter's letter that this project
was directed to stop a particular development project. She indicated that this project was
a long-term project and was not developed to stop a particular individual property. She
stated that City staff had received numerous complaints from property owners in the
downtown and elsewhere in the community concerning the lack of direction that the
existing downtown plan gave to property owners in the area. She stated that she believed
that this plan would give the direction that those individuals had been asking for.
Director Hurlburt indicated that staff had also received questions concerning the
applicability of the proposed standards on the recently approved Kinder -Care project. She
stated that the Kinder -Care project was submitted at the beginning of the City Center
development process and was required to be acted on by the City Council very early into
the City Center planning process. She said that the Design Guidelines had not been
established, and the Ordinance and Comprehensive Plan had not been approved; therefore,
the Kinder -Care plan had to be reviewed under the existing regulations.
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Planning Commission Minutes
January 10, 1996
Page #7
Another concern Director Hurlburt discussed had to do with comments that this plan
would increase the property value for the City's property at the expense of property values
elsewhere in the City Center area. Director Hurlburt stated that the list of allowed uses
that would be permitted in the City of Plymouth property would be perhaps the most
narrow list of uses for the entire City Center area. She said she does not believe that the
City would be enhancing the City's property value at the expense of other properties.
Director Hurlburt stated that one additional question that needed clarification had to do
with the existing liquor store. She indicated that under the draft Ordinance that the liquor
store would be granted a Conditional Use Permit for the existing use and therefore would
be a conforming use. If, the building were to be destroyed, it could be reconstructed in a
similar fashion if the draft ordinance is adopted as currently written.
Chairman Stulberg continued the public hearing from the December 13, 1995 Planning
Commission meeting. He introduced a letter dated January 10, 1996 from Rodney C.
Morrisette of 521 N. Riverside Dr. #201, Pompana Beach, FL.
Mr. Morrisette's letter stated his support and affirmation of the opinions and sentiments
expressed by the John Day Company concerning the City Center land in their letter to the
City of Plymouth dated December 20, 1995.
Chairman Stulberg introduced Joy Rude of 16035 36th Place North.
Ms. Rude spoke in support of the City Center Concept Plan. She stated that numerous
meetings were held to review and discuss needs, wants, and visions to create a downtown.
She commented that an experienced and professional company was hired to oversee the
project. Ms. Rude stated that no plan will satisfy everyone, but the proposed Concept
Plan will prevent the downtown from becoming disjointed. She added that the approval of
the plan and immediate start of development will be beneficial for al involved.
Chairman Stulberg introduced Ken Streeter of 13100 35th Ave North.
Mr. Streeter wondered if all Commissioners had received copies of his letter dated
December 29, 1995. Mr. Streeter stated that he, along with all the other landowners,
want the downtown plan to work, but the proposed Concept Plan will not work. He
stated that retail proposals had been previously brought to the City Council for approval,
but were denied. Mr. stated that the proposed Concept Plan is masterplanning the very
same thing.
Mr. Streeter was concerned that sit-down family restaurants will no longer be allowed, but
that adult book stores would be. He commented that the proposed plan would be
enhancing the property owned by the City, while taking away from his property.
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January 10, 1996
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Mr. Streeter urged to have more market research done on the proposal. Mr. Streeter
requested that the proposed Concept Plan be denied.
Chairman Stulberg introduced Brad Lis of 45 S. 7th Street, Minneapolis.
Mr. Lis asked what the timing of the Concept Plan would be. He stated that he has
tenants lined up for early 1996 that could go in next to Cub Food Stores for
convenience/retail business. Mr. Lis wanted to know if the City would be flexible on the
placement of the street for his property.
Chairman Stulberg introduced Dan Delmore of 3888 W. Broadway.
Mr. Delmore stated that he submitted a plan for a funeral home to be located at 37th
Avenue and Vicksburg Lane. He was concerned that the proposed Concept Plan requires
his building to have a flat roof. Mr. Delmore asked that the requirement for flat roof be
reconsidered.
Chairman Stulberg introduced Jack Day of 11150 Pheasant Lane, Maple Grove.
Mr. Day stated that he was representing his father Jack Day, who owns 10 acres in
downtown Plymouth. Mr. Day would like the Concept Plan to keep retail use for his
property as an option rather than Office -Tech. Mr. Day commented that he liked the idea
of a community center proposed across the street from his property.
Chairman Stulberg introduced Bill Cavanaugh of 13020 37th Avenue North.
Mr. Cavanaugh stated that he should be able to retain some portion of the land that he
previously owned in downtown Plymouth. He wanted to know what the City intended to
do with the property, since the site was not used for a library.
Chairman Stulberg closed the public hearing.
Chairman Stulberg assured Mr. Streeter that a copy of his December 29, 1995 was
attached to Director Hurlburt's staff report dated January 5, 1996.
In response to Mr. Lis' question of the flexibility of the street proposed on his property,
Director Hurlburt stated that the proposed Concept Plan is only conceptual in nature. At
this point there should not be a concern regarding outlines of buildings or streets. She
explained that staff would look at the street issue when a development is proposed, and if
the street can follow a different route, the City may allow flexibility as long as the
proposed street can maintain traffic flow.
In response to Mr. Cavanaugh's question regarding City -owned property, Director
Hurlburt stated that the City Council will decide what to do with the property. If the
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January 10, 1996
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Council decides to sell the property, it would be for a use consistent with the proposed
Concept Plan.
Chairman Stulberg stated that the Concept Plan would be presented to the City Council at
their January 23 meeting for subsequent submission to the Metropolitan Council for
review. The Planning Commission will hold a public hearing at their February 13 on the
proposed zoning changes.
In response to Mr. Delmore's question regarding the requirement of flat roofs, Michael
Schroeder of Hoisington Koegler Group stated that the proposed Concept Plan was
structured to create an authentic center of a commerce in the community. Section 4.4 of
the Concept Plan states that every building does not have to be the same, but should
create a common thread through each design. The sloped roofs are prohibited to avoid
box" -like images and encourage building tops that reinforce their commercial nature.
Director Hurlburt commented that if the funeral home were proposed in a residential
neighborhood, a sloped roof may be permitted, as it would fit in to the surrounding area.
In response to Mr. Day's comments regarding his property, Chairman Stulberg stated that
a restaurant would be permitted, but it could not be a free-standing restaurant.
MOTION by Commissioner Stimson, seconded by Commissioner Ribbe to recommend
approval of the amendment to the Comprehensive Plan and adopt the Concept Plan and
Design Guidelines for the City Center.
Commissioner Spigner stated that there was a tremendous amount of effort and energy
that went in to the proposal and thanked the residents of Sugar Hills, businesses,
landowners and other residents for participating. She commented that the proposal is a
good plan and will benefit everyone.
Commissioner Stimson concurred with Commissioner Spigner.
Commissioner Oja stated that it is always difficult when there are changes, but the plan is
good for the City and will blend the area together.
Roll Call Vote. 5 Ayes. MOTION carried unanimously.
6B. NEW HOME SERVICES, INC. (95127)
Chairman Stulberg introduced the request by New Home Services, Inc. for a Residential
Planned Unit Development Preliminary Plat/Plan, Rezoning, and Conditional Use Permit
application for Park Woods Addition consisting of four single family detached lots and 14
single family attached lots together with the existing church located at 12300 18th Avenue
North.
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Page #10
Planner Drill gave an overview of the January 3, 1996 staff report. Planner Drill
commented that the applicant met with Park staff on January 9, 1996 to discuss the trails.
At that meeting, the applicant indicated that they would like to eliminate the existing trail
which runs through the Ponderosa Woods development. They would in turn construct a
new trail along the street in their development. Staff does not agree with the applicant's
request to eliminate the existing trail, as that trail is already in place and trees were
removed for that trail. There is more than adequate screening behind the homes and
people do not have to cross any driveways with the current trail, as they would with the
applicant's proposal. The City has essentially paid for the current trail.
Commissioner Oja asked why the petitioner is requesting a rezoning from R-1 to R-3 now
when they were just here in the last few months.
Planner Drill replied that the request was made so the development would be in
compliance with the Comprehensive Plan.
Director Hurlburt added that the previous action was only for the Comprehensive Plan,
and the petitioner now needs to go forward with the rest of the approvals needed.
Commissioner Oja questioned if the proposed townhomes had been moved closer together
from the previous plans.
Planner Drill explained that the survey was off a few feet and the petitioner needed to
make minor adjustments. The petitioner's proposal still meets the 20 -foot setback
requirement between buildings.
Commissioner Ribbe asked if the engineers were concerned with the elevation lines as it
now exists, with the elevation being 920 feet and the pads set at 911 feet.
Planner Drill replied that there are some grade changes, and the petitioner will be utilizing
retaining walls. The Engineering Department has reviewed the plans.
Commissioner Oja questioned why a six foot fence is proposed on Lot 1, when it contains
extensive forest around it.
Planner Drill replied that the six foot fence is to screen the view from the street level.
Chairman Stulberg introduced Steve Johnston of Landform Engineering Co., representing
the petitioner.
Mr. Johnston stated he concurred with the staff report, with the exception of the trail. Mr.
Johnston stated extensive grading will be done to address the significant change in
elevation on a relatively small site. There will be fill in the front of the building pads and
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cut in the back. He added that from a grading and drainage perspective, it will work and
the Engineering Department concurred.
Mr. Johnston stated that all vegetation and trees will be retained. The homeowners will
trim trees and vegetation, but the owners will still want privacy from 18th Avenue and that
is why the six foot fence in requested.
Mr. Johnston stated that the applicant would like to see the existing trail along the east
property line removed, and replaced with a sidewalk that would connect to a wood chip
trail that will be in place. He explained that originally when it was decided to put the trail
in, the church was going to retain all their property. That was five years ago, but is not
beneficial now to the homes because of loss of privacy in their backyards. The loss of 400
feet of trail is not a significant loss, and having to walk down a sidewalk for 400 feet
would not be a serious impediment. Mr. Johnston stated that the applicant is willing to
remove the existing trail and replace a new sidewalk and trail at their own expense.
Commissioner Oja asked if the trail was removed, would the petitioner consider
reforesting the areas where the trees were cut down for the existing trail.
Mr. Johnston replied that the applicant does not own that property, but would agree to a
few plantings, but not to replace significant trees.
Commissioner Stimson asked who owns the property now.
Mr. Johnston replied that the property is owned by individuals within Ponderosa Woods.
There is an easement for the trail.
Chairman Stulberg opened the public hearing. Chairman Stulberg read a letter received
January 10, 1996, from Kerry Anderson of 2016 Oakview Lane.
Ms. Anderson stated her concern with the proposal as the forest had been chopped up
enough and the destruction should stop. Ms. Anderson commented that Plymouth is
turning into a mass of homes. The speed limit is too excessive for safety. The schools are
overcrowded as it is without approving the proposal. The townhome areas was wetland
six months ago, and now it will be filled in and destroyed with cluster homes plus two
other homes.
Chairman Stulberg introduced Emmet Hume of 1845 Kirkwood Lane North.
Mr. Hume stated that he was not against a path or nature trail when he bought his home,
but the current path is 20 feet from his home. People that walk the trail don't realize that
it is so close to homes and have apologized for intruding in his backyard. He added that
people do not enjoy walking on a trail so close to existing homes.
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Mr. Hume stated that he would be happy to reforest the area if the trail is relocated. Mr.
Hume presented a petition from surrounding neighbors in support of relocating the trail.
Chairman Stulberg introduced Mrs. Mark Smith of 1820 Oakview Lane North.
Ms. Smith stated that her home does not connect with City sewer and would like to
coordinate efforts with the applicant to connect to sewer.
Chairman Stulberg introduced Jeff McCurdy of 1835 Kirkwood Lane North.
Mr. McCurdy stated that his back yard backs up to the existing path and it would benefit
existing and new homeowners to move the path. Mr. McCurdy stated that if the trail were
moved he would be willing to put additional trees in on his property to reforest the area.
Mr. Hume commented that there was a problem with the grading of the trail being too
steep. He added that it could be unsafe for children riding their bicycles.
Mr. McCurdy asked why there was a jog in the existing trail shown on the plan now, as it
was not there previously.
Chairman Stulberg closed the public hearing.
In response to Ms. Smith's questions, Engineer Faulkner stated that she would need to
meet with the developer for coordination of sewer hook-up to her property.
In response to Mr. McCurdy's question, Planner Drill confirmed that the existing plan
shows a jog in the trail, but the current trail proposal and Comprehensive Plan indicate a
straight line. This proposal now shows a small jog in the trail to move it off of Mr.
Hume's property.
Commissioner Stimson questioned why there are two trails on the north end.
Planner Drill responded that when the original plan was submitted, this trail segment was
to connect the new cul-de-sac to the existing trail. Due to the NURP pond location, the
trail was realigned to the north to tie directly to the Park land.
Commissioner Ribbe asked for clarification of staffs' reasoning for keeping the existing
trail as is.
Planer Drill replied that the trail is already in place and paid for by the City. The trail is
very natural, scenic and wooded, and eliminating it would be a loss for the trail users.
Many trees were removed for the trail. He added that the existing trail does not cross any
driveways and would provide a safer route.
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Director Hurlburt pointed out that relocation of the trail moves the trail closer to the back
of the new townhomes, than the current trail is to the existing homes.
Chairman Stulberg asked what Director Blank's response was after the meeting with the
applicant regarding the trail.
Planner Drill answered that Director Blank recommended that the trail remain as it
currently exists, but if the Commission and Council decide it should be removed, the City
would have to live with it.
Chairman Stulberg asked if the trail were moved, would the City vacate the easement and
would the land go back to the previous owners.
Planner Drill replied that the landowners could petition to vacate the easement.
Commissioner Oja asked if the land goes back to property owner, would it increase their
yard size.
Director Hurlburt responded that vacation of the easement would not increase the yard
size.
Planner Drill noted that the current trail is not unique in the City, as there are many
neighborhoods that have trails running behind the homes.
Commissioner Oja asked if the trail crosses over 18th Avenue.
Planner Drill replied affirmatively.
Commissioner Spigner asked if there were any other properties in the surrounding
neighborhood that had a six foot fence on a public street.
Planner Drill responded that there are other properties in Plymouth with a six foot fence,
but was not sure about this particular neighborhood.
Commissioner Spigner was concerned that if the fence were allowed, it would give the
appearance of not being able to access the trail, unless you were already in the
neighborhood. It may also give the appearance that the trail is only for the existing
neighborhood to use.
Planner Drill stated that the trail would still be visible if the fence were in place.
Planning Supervisor Senness commented that signage could be placed for persons crossing
the street to indicate the trail.
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Director Hurlburt pointed out that the proposed trail would be a concrete sidewalk, not a
bituminous trail.
Commissioner Spigner asked if there would be signage with a concrete sidewalk trail.
Director Hurlburt commented that she had not seen many signs for sidewalks serving as
trails. She added that if the Commission decides to recommend approval of moving the
trail, they should recommend it be in place before homes go in, as the current City survey
results indicated that citizens do not want sidewalks in their front yards.
Commissioner Ribbe stated that his neighborhood has wood chip trails in the back yards,
and they are used very little as people feel they are intruding. He commented that the City
made a mistake putting the trail in.
Commissioner Oja asked if the City has talked to the developer about putting the sidewalk
in on the church side.
Planner Drill replied affirmatively, noting that the original plan showed that trail in front of
the church. Staff recommended against the trail at that location because users would have
to cross two church driveways and the street.
Director Hurlburt stated that the traffic from the church would be greater than the
residential driveways.
MOTION by Commissioner Stimson, seconded by Commissioner Spigner to recommend
approval of the request by New Homes Services, Inc. for an Ordinance Amending the
Zoning Ordinance to classify certain land situated north of 18th Avenue and approximately
200 feet west of Kirkwood Lane, generally located at 12300 18th Avenue North.
Roll Call Vote. 5 ayes. MOTION carried unanimously.
MOTION by Commissioner Stimson, seconded by Commissioner Spigner to recommend
approval of the request by New Homes Services, Inc. for a Residential Planned Unit
Development Preliminary Plan/Plat and Conditional Use Permit for property situated north
of 18th Avenue and approximately 200 feet west of Kirkwood Lane North, generally
located at 12300 18th Avenue North.
MOTION to Amend by Commissioner Stimson, seconded by Commissioner Ribbe to add
to Condition #7 of the approving resolution to state that "The developer shall remove the
existing trail in the Ponderosa Woods development and install a sidewalk along the east
side of Magnolia Lane at no cost to the City. The sidewalk shall be installed prior to sale
of the affected lots or issuance of building permits."
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Commissioner Stimson commented that it was unfortunate that the trail was put in and
now had to be removed.
Commissioner Spigner commented that she was concerned with staff s reasoning to put
the trail in to begin with, but with the neighborhood coming together, it can be corrected.
Chairman Stulberg stated that when the trail was designed, it was all church property and
for their use only. They did not want a trail going directly through the middle of their
property.
Chairman Stulberg stated that he would support the motion, but was concerned that the
Park Department indicated that the trail should remain. He asked staff to contact Director
Blank before the item goes to City Council so if there was a concern it could be addressed.
Director Hurlburt commented that Director Blank was concerned that if the trail were
moved, it could set a precedent for removal of other existing trails.
Commissioner Spigner stated that if the Commission is able to correct a major error, they
should, instead of allowing it to go on. The applicant is willing to take on the cost of
removal of the existing trail and putting in the concrete sidewalk.
Commissioner Oja commented that it would not cost the City anything, and if others came
forward with a request to remove a trail, they would not be willing to accept the price to
remove the trail.
Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously.
Commissioner Spigner asked if staff could give examples of where there is a six foot
fence.
Engineer Faulkner replied that there is a six foot fence along the side of the property
located in Holly Creek 2nd Addition at 44th Avenue West of Dunkirk.
Commissioner Spigner asked for clarification of the purpose of a six foot fence.
Chairman Stulberg answered that it is screening for that property owner to cover the
bottom of the pruning area to the ground and to screen from the street.
Director Hurlburt stated that the Ordinance is written that if you have a side yard that
abuts a street, it is treated as a front yard.
Roll Call Vote on Main MOTION. 4 Ayes. 4-1 Vote. (Commissioner Spigner voted
nay.)
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Chairman Stulberg called a recess at 8:55 p.m. and reconvened the meeting at 9:06 p.m.
C. CALIBER DEVELOPMENT (95131)
Chairman Stulberg introduced the request by Caliber Development for a Planned Unit
Development, Preliminary Plan Amendment, and Conditional Use Permit Amendment for
Northwest Business Campus 11th Addition for construction of a 70,000 square foot
building located at the northwest corner of Northwest Boulevard and Xenium Lane.
Senior Planner Keho gave an overview of the January 3, 1996 staff report.
Commissioner Oja asked where the dock doors are located.
Senior Planner Keho pointed out that the dock doors are the a -shape area of the building,
and commented that they will not be seen from Northwest Boulevard.
Chairman Stulberg introduced John Lavander, the petitioner.
Mr. Lavander stated that he concurred with the January 3, 1996 staff report.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Stimson, seconded by Commissioner Spigner to recommend
approval of the request by Caliber Development for a Planned Unit Development,
Preliminary Plan Amendment, and Conditional Use Permit Amendment for Northwest
Business Campus 11th Addition for construction of a 70,000 square foot building located
at the northwest corner of Northwest Boulevard and Xenium Lane.
Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Oja voted
nay.)
7. New Business:
Chairman Stulberg stated that beginning in February, the Planning Commission would be
meeting on Tuesdays.
Director Hurlburt stated that the Planning Commission will meet on the second and fourth
Tuesday of the month except for December, which will be held on the 10th and 17th.
Director Hurlburt stated that at the next meeting there will be public hearings for the
Comprehensive Plan and Zoning Ordinance. Planning Supervisor Senness commented
that there will be more Zoning Ordinance work coming forward.
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Chairman Stulberg asked when the new Planning Commissioners will be in place.
Director Hurlburt thought they should be at the first meeting in February.
MOTION by Commissioner Ribbe, seconded by Commissioner Oja to adjourn.
Vote. 5 Ayes. MOTION carried unanimously.
Meeting adjourned at 9:14 p.m.
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