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HomeMy WebLinkAboutPlanning Commission Minutes 01-24-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JANUARY 24, 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe (arrived at 7:15 p.m.), Linda Oja 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 Clerical Supervisor 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 Spigner, seconded by Commissioner Oja to approve the January 3, 1996 Special Planning Commission Meeting minutes. Vote. 3 Ayes. MOTION carried unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Spigner to approve the January 10, 1996, Planning Commission minutes. Vote. 3 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA A. MOEN LEUER CONSTRUCTION (95134) Greg Katchmark of 3475 Holly Lane North requested the item be pulled from the Consent Agenda for discussion. Chairman Stulberg introduced the request by Moen Leuer Construction, Inc. for a Mixed Planned Unit Development Final Plan for two office/warehouse building in Plymouth Ponds Business Park located at the northwest corner of Medina Road and County Road 24. Planner Drill gave an overview of the January 16, 1996, staff report. Planning Commission Minutes January 24, 1996 Page #21 Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen gave an overview of their request. Commissioner Spigner asked where the cars would be parking for Building Two. Mr. Moen pointed out the parking stripes on the Site Plan. He stated there would be flexibility for placement of the stripes depending upon the needs of the tenants. Commissioner Spigner wanted to assure that the applicant is requesting ample parking spaces so they would not have to come back to the Planning Commission next year for a parking ramp. Mr. Moen replied that they have more than adequate parking spaces and that the City would not allow a parking ramp even if they requested one. Chairman Stulberg stated that the Preliminary Plan for this proposal was approved previously. He added that the previous approval in 1995 also included loading docks if necessary. Chairman Stulberg introduced Greg Katchmark of 3475 Holly Lane. Mr. Katchmark reminded Commissioners that safety is a factor. He asked if the right-in/right-out access is for vehicle access only, or for trucks. He commented that Building One is already getting some truck traffic. Mr. Katchmark stated that the petitioner is violating the Conditional Use Permit that was approved in 1995, as they were not to occupy the building before the trail and bus stop was in. The trail has not yet been completed. Planner Drill stated that after the City Council approved the Preliminary Plat, they also approved the Final Plan for Building One. The Council stipulated that the applicant must submit plans for the trail by June 30, 1995. The applicant met that requirement. The applicant is not in violation. City Engineer Faulkner stated that the trail is under City contract, but because of bad weather, they were unable to complete it. Mr. Moen stated that the road is designed for in and out traffic and is wide enough for truck traffic. There is a letter of credit attached to the building for the right -in/ right -out lane to be done. Mr. Moen agreed that the trail did not get completed because of the early winter. Commissioner Ribbe asked about the possibility of the City requiring a right turn only on Holly Lane to Medina, instead of coming back through the intersection to get to County Road 24. Mr. Moen replied that the distance would be six times more road to travel. He did not anticipate of lot of truck traffic. Planning Commission Minutes January 24, 1996 Page #22 Director Hurlburt commented that the road issue was discussed thoroughly when the Preliminary Plat was approved. If they required a right -turn only, a person would have to go another four - tenths of a mile to go north to Highway 55. There is currently is alot of other residential development that abuts Medina road, and the impact would be greater than it is currently. Commissioner Oja questioned when the trail would be completed. City Engineer Faulkner replied that it is under contract in which the contractor has so many days to complete the job. The trail has been started, but could not be finished because of the weather. He will check on a target date for completion; however, noted it is scheduled for 1996. Commissioner Oja requested that staff let Mr. Katchmark know the target date for completion. MOTION by Commissioner Spigner, second by Commissioner Oja to recommend approval of the request by Moen, Leuer Construction for a Mixed Planned Unit Development Final Plan for two lots located at the northwest corner of County Road 24 and Medina Road. Vote. 4 Ayes. MOTION carried unanimously. 6. PUBLIC HEARINGS A. ENTRY ONE, INC. (95129) Chairman Stulberg introduced the request by Entry One, Inc. for a Preliminary Plat, Conditional Use Permit, Site Plan, and Variances for property located at 10440 Rockford Road. Planner Drill gave an overview of the January 12, 1996, staff report. Planner Drill indicated that the application was subject to the Tree Preservation Ordinance. A Reforestation Plan had been submitted because over 50 percent of the significant tree inches would be removed. Chairman Stulberg asked how many units per acre is allowed under the R-4 Zoning Classification. Senior Planner Keho replied that LA -4 guiding allows for seven to 20 units per acre. Commissioner Oja questioned why the trees needed to be removed from the southwest corner of the site. Planner Drill responded that there is an easement on that area for a new sanitary sewer line. Chairman Stulberg introduced Tom Loucks, representing the petitioner. Mr. Loucks stated that he concurs with the January 12, 1996, staff report. One issue raised by Mr. Loucks is that there is currently an existing residential family dwelling owned by Ms. Jarnes that was converted to an up and down duplex. The home is currently a non -conforming use. Mr. Planning Commission Minutes January 24, 1996 Page #23 Loucks stated that he was just informed by Ms. Jarnes that an inspection for a rental license has been performed with improvements noted and subsequently completed. Mr. Loucks asked that the Conditional Use Permit include a duplex for Lot 1, as well as, the proposed twinhomes for Lots 2 through 5. Chairman Stulberg asked if that is what was advertised in the legal notice. Director Hurlburt stated that staff had just heard about the change and had not yet had time to look at the application, or the notice that was published. Director Hurlburt stated that the Commission could make a recommendation, and staff could modify the request before the item goes to the City Council. The City Attorney would also have to review the notice to see if it was sufficient for approving the proposal. She aded that the Commission could also continue the public hearing and staff would have to renotice the request. Mr. Loucks requested that the Commission at least move forward with the Preliminary Plat and if needed, they would apply for a Conditional Use Permit later. Commissioner Spigner asked if the existing house would be sold as a duplex. Mr. Loucks replied that the intention would be to sell it as a duplex, provided the Conditional Use Permit is approved. Commissioner Spigner asked where the high density area is. Mr. Loucks stated that the property is zoned R-4, as well as the adjacent property. The proposal is for four units per acre, which is well below the minimum. There will only be six units on the entire property. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Ruth Schmidt of 4300 Trenton Lane. Ms. Schmidt stated that she lives across from the proposal. Ms. Schmidt wanted to know how much more traffic will be generated. She wondered if there would be any additional lighting with this project and if there would be speed limit signs posted. Ms. Schmidt was concerned about trees being removed, as they currently act as a buffer from County Road 9 to help eliminate noise and fumes. Chairman Stulberg introduced Clarence Shannon of 4225 Trenton Lane. Mr. Shannon was concerned that this proposal would create a nuisance with additional cars parked in the driveways, as there currently is a problem with the 12 twinhomes near his property. Mr. Shannon stated that he sent pictures of the cars to a City Councilmember. Mr. Shannon added that his median is never mowed. Planning Commission Minutes January 24, 1996 Page #24 Chairman Stulberg introduced Karen Young of 4230 Trenton Lane. Ms. Young presented a letter signed by five of the ten homeowners from Lost Lake Woods near the proposed development. The letter voiced strong opposition to the proposed construction of two twinhomes. Ms. Young stated that the neighborhoods adjacent to County Road 9 must already struggle to maintain the residential character for which they are zoned. She was concerned with the increasing traffic volume and noise on County Road 9, the presence of the large apartment complexes, and Holiday shopping center, as they all detract from the residential character of the neighborhood. Ms. Young stated that with rental units, tenants move in and out with greater frequency. She was concerned with the removal of trees, and thought the proposed project would be detrimental to their property values. Chairman Stulberg introduced Dick Lenarz of 4210 Trenton Lane. Mr. Lenarz wondered why there were no laws or ordinances to protect the homeowner. Mr. Lenarz stated that the nearby existing twinhomes have eight or nine cars parked at times, and four or five panel trucks coming and going. He was concerned that the same thing might happen with this proposal. Mr. Lenarz agreed that a person has the right to develop their property. He suspected if these are rental units that the tenants would not take pride in maintaing the units, as a homeowner would. Mr. Lenarz asked if the City has any ordinance pertaining to dandelions. Chairman Stulberg closed the public hearing. In response to questions raised regarding traffic, Mr. Loucks stated that typical traffic patterns indicate ten trips per day per single family dwelling. He speculated that there would be an increase of 40 additional trips per day generated by the proposed project. City Engineer Faulkner stated that the road system allows for more trips than what is being proposed. City Engineer Faulkner stated the speed limit is 30 miles per hour on local residential streets. Signs are not generally posted in residential areas unless coming off of a main thoroughfare into a residential area. City Engineer Faulkner explained that if residents desire additional lighting, they can present a petition to the City. If lighting is warranted, the homeowners would be assessed accordingly. Mr. Loucks stated that they would not be proposing any new lighting, but would be happy to participate with the neighborhood in the petition. In response to questions raised regarding trees, Mr. Loucks stated that the City ordinance requires replacement of 77 caliper inches of trees, and they are proposing 92.5 calipers. Planning Commission Minutes January 24, 1996 Page #25 Chairman Stulberg introduced Paul McGinley, land surveyor with Loucks and Associates. Mr. McGinley stated that they propose planting four Norway Maples, 17 Black Hills Spruce, six Green Ash, and five Austrian Pine along County Road 9. The Black Hills Spruce trees will be six foot and the Norway and Austrian trees are two and one-half inches. Planner Drill stated that the developer would be required to submit a Site Improvement Performance Agreement, so if the trees don't survive one winter, there is money to replace them. In response to previous issues raised, Planner Dill responded that a family is defined as five or less unrelated people or families related by marriage or blood. He added that on -street parking is not restricted. Mr. Loucks stated that with the garage and the stacking in the driveway, there would be enough room for four vehicles to each home. Mr. Loucks agreed that the City should pursue enforcement issues relating to parking and nuisances. Mr. Loucks stated that the intent of these homes are targeted for elderly persons. In response to Mr. Shannon's issue of parking in residential areas, Director Hurlburt stated that Councilmember Edson shared the pictures with City staff. She added that staff and the Planning Commission will be involved in reviewing and rewriting of the Zoning Ordinance and these issues will be addressed. Chairman Stulberg suggested that staff check out the issues raised by Mr. Shannon regarding the mowing of the median and of a possible home business and get back to him. Planner Drill stated that the City has a Weed Ordinance whereby if weeds get over eight inches high and there are complaints, the City sends a letter to the homeowner. If the homeowner does not comply, the City will cut the weeds and charge the homeowner. Commissioner Spigner asked if there would be a homeowner's association for the proposed twinhomes. Mr. Loucks replied negatively. Commissioner Oja asked if the units would be owner -occupied. Mr. Loucks answered that they have no control over who purchases the units. Commissioner Oja wanted to know if there was anything further the petitioner could do to provide more buffer and screening for the existing homes across County Road 9. Planning Commission Minutes January 24, 1996 Page #26 Mr. Loucks explained that they are proposing screening and berming, and the units themselves will act as a buffer from the Holiday store. He added that they are also proposing more landscaping than required. Mr. Loucks stated that the density is much higher in the surrounding areas than what is proposed with this application. Mr. Lenarz suggested that the proposed trees be placed back further from County Road 9, as they would stand a better chance of surviving. MOTION by Commissioner Oja, seconded by Commissioner Spigner to recommend approval of the request by Entry One, Inc. for a Preliminary Plat, Conditional Use Permit, Site Plan, and Variances for property situated south of 43rd Avenue at Trenton Lane, generally located at 10440 Rockford Road. Commissioner Spigner was concerned about the notification that went out to surrounding property owners, as the notice did not state anything about the single family dwelling actually being a duplex. Chairman Stulberg stated that the Conditional Use Permit before the Commission is for a single family dwelling, not a duplex. If the applicant would like a duplex, they would need to apply for a Conditional Use Permit to allow it. Director Hurlburt confirmed that it would be a separate procedure for a Conditional Use Permit for a duplex. Commissioner Oja commented that the neighbors raised valid concerns and she was confident that the City will investigate the issues. She added that this proposal may not be the best use of the property, but they are proposing less density than what the property is zoned for. MOTION to Amend by Commissioner Spigner, seconded by Commissioner Oja to add a condition requiring a Homeowner's Association to the development for purposes of architecture, landscaping and building and ground maintenance. Mr. Shannon asked why the area can't be changed to allow for only single family dwellings. Chairman Stulberg replied that the owner has presented a petition for multi -family and it is zoned accordingly. He added that the property has been zoned R-4 since at least the 1970s. Mr. Loucks stated that Mrs. Jarnes' intention is to sell the property. It is currently on the market as one piece of property. If the application is approved, the property will be bought and sold as proposed. Mr. Loucks wanted to know the precedent for requiring a homeowner's association. Planning Commission Minutes January 24, 1996 Page #27 Commissioner Ribbe stated that he could not support the amendment to require an association, as it would not be practical for four homes. Commissioner Spigner commented that since there is a homeowner's association leading up to the site why not continue it. Roll Call Vote on Amendment. 2 Ayes. MOTION failed on a 2-2 Vote. (Commissioner Ribbe and Chairman Stulberg voted nay.) Roll Call Vote on Main Motion. 3 Ayes. MOTION carried on a 3-1 Vote. (Commissioner Spigner voted nay.) B. MARY OUTCALT (95135) Chairman Stulberg introduced the request by Mary Outcalt for a Variance to allow a five-foot side yard setback, where 15 feet is required. The Variance would allow construction of a two -car garage to replace an existing single -car garage at 65 Kingsview Lane North. Planner Drill gave an overview of the January 18, 1996, staff report. Chairman Stulberg introduced Mary Outcalt, the petitioner. Ms. Outcalt stated that she concurred with the January 18, 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 Spigner, seconded by Commissioner Ribbe to recommend approval of the Variance for Mary Outcalt for property located at 65 Kingsview Lane North. Roll Call Vote. 4 Ayes. MOTION carried unanimously. C. CITY OF PLYMOUTH (96001) Chairman Stulberg introduced the request by the City of Plymouth for an Amendment to Section 11 of the Zoning Ordinance Subdivision I to provide for consistency with the Comprehensive Plan. Director Hurlburt gave an overview of the January 17, 1996, staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Planning Commission Minutes January 24, 1996 Page #28 MOTION by Commissioner Ribbe, seconded by Commissioner Spigner to approve the Ordinance amending the City's Zoning Ordinance by adding provisions requiring consistency with the City's Comprehensive Plan. Roll Call Vote. 4 Ayes. MOTION carried unanimously. 8. OLD BUSINESS A. ZONING ORDINANCE REVISION (95100) Planning Supervisor Senness presented the January 19, 1996, memo pertaining to the Planned Unit Development section of the revised Zoning Ordinance. Chairman Stulberg suggested that staff look at final documents from prior work on Planned Unit Developments pertaining to elimination of bonus points. Director Hurlburt commented that procedurally this proposal is very different, but staff would take a look at the previous work done on the Planned Unit Development section. Chairman Stulberg stated that any comments from Commissioners should be directed to Planning Supervisor Senness prior to the next meeting. Director Hurlburt added that the City Attorney is currently reviewing the revisions. 7. NEW BUSINESS Chairman Stulberg stated that the City Council appointed new Planning Commissioners and a roster would be mailed. Chairman Stulberg thanked Commissioners Oja and Stimson for their service and hard work on the Planning Commission. Chairman Stulberg announced he would not be at the February 13 meeting. Commissioner Spigner volunteered to chair the meeting. Planning Supervisor Senness announced that an Orientation Meeting will be held on February 1 at 4:00 p.m. in the Gleason Lake Room and a Study Session will be held on February 8 at 7:00 p.m. in the Bass Lake Room. MOTION by Commissioner Spigner, seconded by Commissioner Ribbe to adjourn. Vote. 4 Ayes. MOTION carried unanimously. Meeting adjourned at 8:59 p.m.