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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. Planning Commission Minutes January 10, 1996 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. ra 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. IVA Planning Commission Minutes January 10, 1996 Page #8 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 8 Planning Commission Minutes January 10, 1996 Page #9 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. 3] Planning Commission Minutes January 10, 1996 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 10 Planning Commission Minutes January 10, 1996 Page #11 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. 11 Planning Commission Minutes January 10, 1996 Page #12 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. 12 Planning Commission Minutes January 10, 1996 Page #13 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. 13 Planning Commission Minutes January 10, 1996 Page #14 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." 14 Planning Commission Minutes January 10, 1996 Page #15 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.) 15 Planning Commission Minutes January 10, 1996 Page #16 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. 16 Planning Commission Minutes January 10, 1996 Page #17 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. 17