HomeMy WebLinkAboutPlanning Commission Minutes 01-28-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JANUARY 28, 1997
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Roger Berkowitz,
Kim Koehnen, John Stoebner, Jeffrey Thompson, and Bob
Stein
MEMBERS ABSENT: Commissioner Allen Ribbe
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners Shawn Drill, and Kendra
Lindahl, City Engineer Dan Faulkner, and Clerical
Supervisor Denise Hutt
1. CALL TO ORDER: 7:00 p.m.
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz to approve
the January 14, 1997 Planning Commission Minutes. Vote. 5 Ayes. (Commissioner
Thompson abstained.)
5. CONSENT AGENDA:
6. PUBLIC HEARINGS:
A. CITY OF PLYMOUTH (96181)
Chairman Stulberg introduced the request by the City of Plymouth to consider
reclassification of the commercial site located at the southeast corner of Highway 55 and
County Road 24 "Seven Ponds Commercial Site" from "C" (Commercial) to "CO"
Commercial Office) on the City's land use guide plan; and, a concurrent rezoning of the
property to "O -R" (Office Residential).
Planning Supervisor Senness gave an overview of the January 22, 1997 staff report.
Chairman Stulberg opened the public hearing.
Planning Commission Minutes
January 28, 1997
Page #8
Chairman Stulberg introduced Kelly Slavik of 3325 Everest Court. Ms. Slavik stated that
Hans Hagen met with residents concerning his proposal for the site. She stated that Mr.
Hagen is not willing to change any of his proposal, with the exception of agreeing to place
additional trees to buffer the residential from the commercial. Ms. Slavik stated that she
agrees with the City's proposal to reguide the site to Commercial Office and rezone the
site to Office/Residential. Ms. Slavik stated that the site is appropriate for the Office -
Residential Transition district, as it should provide for an orderly and progressive
transition and land use from business to residential development, and provide for
harmonious intermixing of such activities. She stated that commercial buildings under
office/residential zoning should feature businesses that have limited contact with the
general public. Ms. Slavik stated that there is not a neighborhood need for a gas station,
fast-food restaurants, grocery stores or convenience stores, as there is an adequate supply
of those establishments that meet the needs of the residents. Ms. Slavik stated that she has
a petition with over 80 signatures of residents in support of changing the zoning to
Office/Residential.
Chairman Stulberg introduced Scott Ford of 3270 Garland Lane North. Mr. Ford stated
the residents are concerned for the safety of the 24 children living in the area. He stated
that the residents are concerned with the children waiting for the bus on the corner of
Garland and Medina, which is already a bad situation. Mr. Ford stated that the residents
are concerned that there will be an increase in crime due to fast-food restaurants and a gas
station being proposed by Hans Hagen. Mr. Ford stated that if these uses are approved
for the site, it could be a potential hangout for high school kids when the new high school
is completed. Mr. Ford stated that when the traffic increases on Medina Road, it increases
traffic into their neighborhood.
Chairman Stulberg introduced Julie Johnson of 3345 Everest Court. Ms. Johnson stated
that she is concerned with additional traffic and the personal safety of the children. She
too was concerned that if fast-food restaurants and a gas station go in, it could be a
hangout for the high school kids. Ms. Johnson stated that the sidewalk is not being
plowed, so residents have to walk on Medina Road to get to the path to the neighborhood
park. Ms. Johnson stated that the fire station is in close proximity to the property, and
that they may have a hard time getting through the area in an emergency situation.
Chairman Stulberg introduced Mike Johnson of 3345 Everest Court. Mr. Johnson stated
that the area is not suitable for high levels of commercial traffic. The County will not
allow access from Highway 55 and County Road 24; therefore, access is now forced from
Medina Road. Mr. Johnson stated that the intersection at County Road 24 and Medina is
already a busy intersection and that there is discussion of putting a traffic light there. He
stated that if that occurs, a traffic light would then be needed at the intersection of Medina
and Garland Lane. He stated that the light would not be feasible because of the proximity
of a major intersection already. Mr. Johnson stated that residents will have difficulty
getting in and out of their properties. Mr. Johnson stated that Mr. Hagen stated that they
Planning Commission Minutes
January 28, 1997
Page #9
have a similar development in Woodbury that is adjacent to single family homes. Mr.
Johnson stated that the development in Woodbury would differ, as there is an access to
the development from a major highway, and traffic does not have to travel through a
residential area Mr. Johnson stated that other commercial properties in Plymouth such as
Cub Foods, Rainbow Foods, and Target have multiple accesses that do not go through a
residential area.
Chairman Stulberg introduced Paul Anderson of 3340 Everest Court. Mr. Johnson stated
his appreciation for work done in the past regarding planting, and buffering. He stated
that the Planning Commission should continue to see if they can minimize the impact of
this situation with the residential area. He stated that a commercial development should
blend in to the area, and encouraged the Commission to recommend the property be zoned
Office Residential.
Chairman Stulberg introduced Mark Capece of 3320 Garland Lane. Mr. Capece stated his
concern for odors that are attributed to fast-food and sit-down restaurants, gas/service
station, grocery stores, and increased traffic. Mr. Capece stated that additional trash and
litter would be created with a commercial area. Mr. Capece stated his preference to
rezone the property to Office Residential.
Chairman Stulberg introduced Sue McMorris of 3255 Garland Lane. Ms. McMorris
stated her concern of the noise problems that they are currently experiencing with the
Moen-Leuer property, such as trucks backing up, snow removal, delivery trucks, and
trucks running all night. Ms. McMorris stated that the Hans Hagen proposal would
increase the noise level from the proposed gas station, auto repair/service station, car
wash, and fast-food restaurants.
Chairman Stulberg introduced David Slavik of 3325 Everest Court. Mr. Slavik stated that
the roads have changed since the property was originally zoned. Mr. Stlavik presented a
map depicting Mr. Hagen's proposal and pointed out the access points to the site. He
stated that to access the site you have to enter from Medina Road. Mr. Slavik also
pointed out the proposed berms. Mr. Slavik stated that the developer's site line plan only
addresses properties that are immediately adjacent to Medina Road and neglects other
views from homes in the area. He stated that current berms are too small and contain
dips. The neighborhood is already experiencing water run-off problems, which would be
increased with the developer's proposal. Mr. Slavik stated that the Mr. Hagen told the
residents that they were aware that the property was commercial when they brought their
property. Mr. Slavik presented information that was given to him by Seven Ponds when
he purchased his home. The information from Seven Ponds depicted approximately 90
parking spaces on the map, and on the new map there are approximately 800 spaces. Mr.
Slavik stated that there is no way to build berms that would adequately block signs from
the developer's proposal. Mr. Slavik stated that he concurred with the proposed Office
Residential as proposed by the City.
Planning Commission Minutes
January 28, 1997
Page #10
Chairman Stulberg introduced Jerry Pietig of 3300 Garland Lane. Mr. Pietig stated his
concern that the Hans Hagen proposal could have a negative affect on property values.
He stated that three out of seven homes near the Moen-Leuer property have sold at a loss.
Mr. Peitig stated his preference for Office Residential zoning. He stated that it was a
mistake to zone the property commercial in the first place, and asked where else in the
City can you find intense commercial development allowed next to residential.
Chairman Stulberg introduced Kim Reaume of 3305 Garland Lane. Mr. Reaume stated
that the residents are not trying to take away the owner's rights, but that case law is on
their side. Mr. Reaume cited Parranto Bros. Vs. City of New Brighton. Mr. Reaume
stated he is in favor of changing the zoning to Office Residential. Mr. Reaume stated that
he enjoys living in Plymouth, and would not want to have to sell his home, but will have to
if it remains commercial.
Chairman Stulberg introduced Susan Schaefer of 3330 Everest Court. Ms. Schaefer
stated her support for the change to Office Residential.
Chairman Stulberg introduced Linda Fisher of 1500 Norwest Financial Center. Ms. Fisher
stated that she represents Hans Hagen Homes, the owner of the property. Ms. Fisher
stated her strong opposition of the reguiding to Office Residential. She stated that this
property is currently a Planned Unit Development. Ms. Fisher also strongly requested that
the hearing be continued to the February 11, 1997 Planning Commission meeting, as the
property notices indicated. She stated that the owner would like the opportunity to
review comments made at the meeting, and the staff report for the next meeting. Ms.
Fisher indicated that if the public hearing were to close, they would like to make a
presentation, but that if the hearing is continued, they would wait until the next meeting.
Director Hurlburt stated that the hearing should be continued since the property notices
indicated that.
Chairman Stulberg introduced a letter dated January 28, 1997 from Greg Katchmark. In
his letter, Mr. Katchmark stated that he is in favor of the request for changing the property
to Office Residential, as it will improve the private enjoyment of his home and property.
Mr. Katchmark stated in his letter that poor planning would be the result of allowing the
property to be platted for uses such as a 24-hour consumer grocery store, gas/convenience
store, automotive repair shops, and restaurants.
Director Hurlburt stated that the hearing was initiated by the Planning Commission, and
that staff is not the petitioner. She stated that staff's role is just to make a
recommendation. She stated that staff has not determined a recommendation, and will not
until they receive and review all the pertinent information. Director Hurlburt stated that
the staff report will be available to the public the Friday before the next Planning
Commission meeting.
Planning Commission Minutes
January 28, 1997
Page #11
Chairman Stulberg directed City Engineer Faulkner to forward Ms. Johnson's comments
pertaining to the sidewalk to the appropriate staff.
MOTION by Commissioner Thomspon, seconded by Commissioner Stoebner to continue
the item to the February 11, 1997 Planning Commission meeting. Vote. 6 Ayes.
MOTION carried unanimously.
B. FOURTH BAPTIST CHURCH (96185)
Chairman Stulberg introduced the request by Fourth Baptist Church for a Land Use guide
Plan Amendment, Rezoning, Preliminary Plat, Site Plan and Conditional Use Permits for
construction of a church, K-12 school, seminary, and radio station to be located on the
southeast quadrant of Forestview Lane and Old County Road 15.
Planner Lindahl gave an overview of the January 17, 1997 staff report.
Chairman Stulberg introduced Skip McCombs of 11705 -54th
Avenue North, representing
the petitioner. Mr. McCombs introduced the people involved with the project.
Chairman Stulberg introduced Douglas McLoehlin of 6342 Edgemont Circle North,
representing the petitioner. Mr. McLoehlin stated that Fourth Baptist Church is located in
Minneapolis and was built in 1881. The christian school is 30 years old and has 300
students (Kindergarten through 12th
grade). Mr. McLoehlin stated that many members
live in the western suburbs and they anticipate a congregation size of 550. The seminary is
a graduate institution for masters and doctorate level, and classes are completed by noon.
The radio station signal is conveyed through telephone lines. Mr. McLoehlin stated that
they want to be good neighbors and to make a positive contribution.
Chairman Stulberg introduced Reverend Stephen Seidler, of 11725 -53rd Avenue North,
representing Fourth Baptist Church. Reverend Seidler stated that he is the administrator
of the christian school. He stated that they began their school operation in 1966 with 45
students. Their school is a college preparation program, and school hours are 8:30 a.m.
to 3:15 p.m. The school is a closed campus. Reverend Seidler stated that the elementary
students do go outside during the day for recess, but that there would not be any night
games activities.
Chairman Stulberg introduced Scott Crosby of Dennis Batty and Associates, representing
the petitioner. Mr. Crosby presented color drawings of the site. The seminary is one level
which leads into the Church, and then to the school which is two stories. One level of the
school is partially underground. The character of the church will have a colonial theme,
and the exterior will consist of a no -maintenance type material. Mr. Crosby stated that it
is 57 feet to the top of the church roof (excluding the steeple). Most of the building falls
below the 45 -foot requirement. Mr. Crosby presented the Site Plan pointing out the
maintenance building, outdoor trash enclosures, and accesses for deliveries. He indicated
Planning Commission Minutes
January 28, 1997
Page #12
where there is room for a future expansion of the sanctuary building if needed. Mr.
Crosby stated that they tried to preserve all trees near the wetlands.
Chairman Stulberg questioned whether their variance request for 49 feet was high enough
for the steeple. Planning Supervisor Senness replied that there is a particular formula in
the zoning ordinance for calculation of height, and the variance request of 49 feet is
accurate.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Greg Deckert of 3815 Alvarado Lane North. Mr. Deckert
stated that he has been a resident for years and is a member of the Fourth Baptist Church.
He stated that he is thrilled about the prospect of having the church and school in
Plymouth.
Chairman Stulberg introduced James Gieszler of 2610 Medicine Ridge Road. Mr.
Gieszler, stated that he has lived in Plymouth since 1975, and all three of his children have
graduated from Fourth Baptist Church school. Mr. Gieszler stated that he is excited about
the possibility of the church being located in Plymouth.
Chairman Stulberg introduced Bill Goldsmith of 725 Cottonwood Lane. Mr. Goldsmith
stated his concern with how the project will impact traffic because the traffic is already
heavy on Highway 55 and the service road. Mr. Goldsmith asked what the City is going
to do with the traffic on Highway 55 and the area in general. He asked if it is legal to run
the stop sign when the light is green. Mr. Goldsmith asked if there will be a traffic light at
Forestview Lane. Mr. Goldsmith also asked how close a service road can be to a property
line.
Chairman Stulberg introduced James Martin of 10603-32"d Avenue. Mr. Martin stated
that he has been a resident of Plymouth for 38 years and his six children have graduated
from Fourth Baptist Church school. Mr. Martin stated his desire for approval of the
request.
Chairman Stulberg introduced Beverly and Don Pfaffe of 14005 -44th Place North #2. Mr.
Pfaffe stated that he is happy with the prospect of the church coming to Plymouth.
Chairman Stulberg introduced Steve Schmidt of 525 Evergreen Lane. Mr. Schmidt
thanked the representatives of Fourth Baptist for inviting the neighbors to a meeting to
explain their proposal. Mr. Schmidt stated that the building is attractive and well
designed, but is very large. Mr. Schmidt stated that there is not enough buffer around the
wetland area, especially where the soccer field is proposed to be. Mr. Schmidt was
concerned with the property values because of the loss of buffering and the noise from the
soccer field. Mr. Schmidt stated that a condition should be added that guarantees no
Planning Commission Minutes
January 28, 1997
Page #13
lights allowed on the playing field, and to require more buffering with full hedges, six to
ten feet high.
Chairman Stulberg introduced Mike Sisken of 530 Evergreen Lane. Mr. Sisken stated
that he concurred with Mr. Schmidt. Mr. Sisken stated that with a project this size, there
are couple of disadvantages. The facility will be used seven days a week, and it will be
loud at times with the kids and playing fields. He stated that extra berming would help.
Mr. Sisken stated that the steeple is a large structure that would tower over the normal
tree line. He asked if the loading zone could be relocated. He suggested that the
Commission require additional berms, reducing the steeple size, and using shared parking
spaces with Honneywell.
Chairman Stulberg introduced Karen Stenberg of 4910 Kirkwood Lane. Ms. Stenberg
stated that she is grateful for the impact that the church has had on their children and
family, and is looking forward to the church moving to Plymouth.
Chairman Stulberg introduced Connie Seidler of 11725 -
53rd Avenue North. Ms. Seidler
stated that she is in favor of the proposal.
Chairman Stulberg introduced David Whiteford of 211 Saratoga Lane. Mr. Whiteford
stated that he looks forward to the church moving to Plymouth, and supports the
recommendation.
Chairman Stulberg introduced Diane Bornhorst of 11714 Sunset Trail. Ms. Bornhorst
stated her concern with major land use changes in her area over the years. She stated that
she is concerned with the removal of the trees and that the City should require
replacement of trees with a 4 inch caliper. She suggested that they replace with older
trees. Ms. Bornhorst stated that she would like a stipulation added that no radio
transmitter can be built on the site. Ms. Bornhorst asked if there would be parking of vans
and buses and if so, they should be screened. Ms. Bornhorst also wanted to know if 6th
Avenue would be extended.
Chairman Stulberg introduced Howard Milstein of 545 Evergreen Lane. Mr. Milstin
stated that he endorses the idea of the church, but is concerned with the height of the
steeple. He asked if the drawing accurately represents the height of the steeple. Director
Hurlburt responded that the distance is measured according to the ordinance.
Chairman Stulberg closed the public hearing.
In response to questions, City Engineer Faulkner stated that if the Schiebe Hardware
shopping center is ever redeveloped, the frontage road would be redesigned at that time.
Pertaining to Highway 55, the City will not initiate that since it is controlled by the State.
He stated that no additional traffic signals are planned for the immediate area at this time.
Planning Commission Minutes
January 28, 1997
Page #14
City Engineer Faulkner commented that the proposed use would generate less traffic than
the existing guiding.
In response to Mr. Goldsmith's question, Planner Lindahl stated that a driveway is
required to be at least 20 feet from the side property line. She stated that the applicant's
plan shows 25 to 30 feet.
Mr. McCombs stated that the steeple needs to be high because of Highway 55, but they
can take another look at it to see if adjustments would be warranted. In response to other
questions/issues raised, Mr. McCombs stated that if an additional berm is put in and the
grade is raised, it would impact the wetland. The maintenance building is 20 feet by 20
feet and would be compatible with the church. There will be one large bus, four small
buses and two vans. The satellite dish will be completely screened on all sides.
Reverend Seidler stated that they have a garage in Minneapolis where the bus and vans
could be stored. There would be times that the vehicles would be on site. He stated that
there are seven vehicles total. Director Hurlburt asked if the there are spaces designated
on the Site Plan for van parking. McCombs replied negatively, but they could be put on
plan on the north side by Highway 55. Revered Seidler added that the school dismisses
classes at different times.
Planner Lindahl stated that the Ordinance allows the applicant to remove up to 75 percent
of the caliper inches of significant trees without reforestation. The applicant will remove
only 54 percent of the caliper inches, which complies with the Tree Preservation
Ordinance. In response to the suggestion to plant older trees, Director Hurlburt stated
that it would be appropriate to address that issue when the Landscape Policy is revised.
She stated that according to the City Forester, smaller trees stand a better chance of
survival. Commissioner Thompson concurred, stating that the Department of Natural
Resources suggests planting small trees, as the survival rate on large trees is relatively low.
Planner Lindahl explained that the proposed plan shows 352 parking spaces. The
Ordinance requires 263 spaces for the church and an additional 280 spaces for the school,
seminary and radio station. However, because the church is a weekend use and the other
uses will be weekday uses, shared parking spaces seems appropriate. Based on the joint
use standards in the Zoning Ordinance, staff concluded that the 352 proposed parking
spaces would adequately serve this site.
Mr. McCombs stated that it is not their intention to build a radio tower on the site.
Chairman Stulberg asked if it would cause any problem, if a condition were added to the
approving resolution prohibiting the placement of a radio tower. Mr. McCombs replied
negatively.
Chairman Stulberg asked if the steeple represents a sign that draws people to the facility,
or an integral part of the church. Dennis Batty, the petitioner, stated that the steeple is
Planning Commission Minutes
January 28, 1997
Page #15
part of the architecture and overall composition of the facility. He stated that a building
this large should have an "exclamation mark". He added that it is part of the
congregation's worship space, and a road sign was not the intent.
In response to Ms. Bornhorst's question, Planner Drill replied that the City has no plans to
construct
6th
Avenue at this time, but reserves the right as a possibility in the future.
Commissioner Berkowitz asked if a Conditional Use Permit would be required if the
applicant would want the playing field to be used at night. Planning Supervisor Senness
replied that the addition of lighting would require a Site Plan Amendment, and would have
to come before the Planning Commission, but not as a public hearing. Director Hurlburt
suggested that if it is a concern, a condition should be added to the approving resolution.
Commissioner Koehnen asked Director Hurlburt to comment on wildlife and nature issues.
Director Hurlburt stated that the city has made a lot of progress by initiating a Wetland
Ordinance and a Tree Preservation Policy. The city has conducted an open space
inventory. She stated that they have found that wildlife is adaptable, and unless an
individual or the public is willing to acquire certain property, the city can't protect it all.
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of a Land Use Guide Plan Amendment for Fourth Baptist Church
for property located southeast of the intersection of Highway 55 and Forestview Lane.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
MOTION by Commissioner Stoebner seconded by Commissioner Thompson
recommending approval of Rezoning for Fourth Baptist Church for property located
southeast of the intersection of Highway 55 and Forestview Lane. Roll Call Vote. 6
Ayes. MOTION approved unanimously.
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of a Preliminary Plat and Site Plan for Fourth Baptist Church for
property located at the southeast quadrant of Highway 55 and Forestview Lane.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen
to add a condition prohibiting placement of a radio transmitter tower; a condition
requiring an area be made available on the north side of the building for a bus/van corral;
and, a condition prohibiting lighting on the playfield.
Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION to Amend carried on a
unanimous vote.
Roll Call Vote on Main MOTION. 6 Ayes. MOTION carried on a unanimous vote.
Planning Commission Minutes
January 28, 1997
Page #16
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of four Conditional Use Permits for Fourth Baptist Church for
property located at the southeast quadrant of Highway 55 and Forestview Lane.
Commissioner Berkowitz stated that he was concerned with the height of the steeple and
cited the other two Conditional Use Permits that were granted for Glory of Christ
Lutheran Church and Plymouth Presbyterian Church.
MOTION by Commissioner Berkowitz, seconded by Commissioner Stein to delete the
height from Condition #2 of the approving Conditional Use Permits resolution.
Commissioner Berkowitz stated that by deleting the height, the applicant would have to
come back for a Conditional Use Permit for the steeple separately.
Commissioner Thompson stated that the size of the building dictates the need for a large
steeple and it is an inherent part of the church. He stated that the grounds for denying a
Conditional Use Permit is not justified.
Commissioner Berkowitz stated that he does not want a denial of the Conditional Use
Permit, and is not necessarily opposed to the 118 foot steeple, but would like to see
further analysis and consideration.
Chairman Stulberg stated that he couldn't support the motion, because he's not an expert
when it comes to what height is appropriate.
Planning Supervisor Senness stated that the Plymouth Presbyterian Church overall
proportion was much smaller that this proposal. Director Hurlburt explained that it is not
really possible to alter the applicant's plan, and cannot remove a Conditional Use Permit.
The Commission has to take action one way or another. She stated that if denied, it can't
be resubmitted for another six months. She stated that the Commission can add
conditions relative to it.
Commissioner Berkowitz withdrew his Motion to Amend. Commissioner Stein stated
his concern for setting a precedent on steeple height. He concurred that the steeple does
fit the scale of the building, but is still concerned with setting a precedent. Commissioner
Thompson stated that the size of the building warrants the height. Commissioner
Stoebner commented that he was not concerned about setting a precedent, as each
property is unique and distinct. Commissioner Stein withdrew his second on the
Motion to Amend.
Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote.
Chairman Stulberg called a recess at 9:40 p.m., and reconvened the meeting at 9:52 p.m.
Planning Commission Minutes
January 28, 1997
Page #17
C. CITY OF PLYMOUTH (96188)
Chairman Stulberg introduced the request by the City of Plymouth to consider a Land Use
Guide Plan Amendment to reguide the property located in the northwest quadrant of
Highway 55 and Dunkirk Lane from C (Commercial) and LA -1 (Living Area 1) to LA -2
Living Area 2).
Planner Drill gave an overview of the January 23, 1997 staff report. Planner Drill
explained that when Town & Country's application for LA -3 guiding was submitted, staff
only looked at their specific request. Since that time, staff has conducted a thorough
analysis, and concluded that LA -2 guiding with additional buffering could be more
appropriate.
Chairman Stulberg opened the public hearing.
Chairman Stulberg read a letter dated January 28, 1997 from Marcia Blake of 3885
Comstock Lane supporting the request to reguide the property to LA -2.
Chairman Stulberg read a letter dated January 27, 1997 from Gangadhar B. Sohoni of
16640 -39th Place North supporting the request to reguide the property to LA -2.
Chairman Stulberg introduced Robert Karon of 16910 -
41st Avenue North. Mr. Karon
stated that he supports the recommendation for LA -2 guiding. He submitted a petition
with signatures from 24 of the 26 homesites requesting the guiding be changed to LA -2.
Mr. Karon stated that the land was guided LA -1 when Holly Creek and Westbranch
owners made their investments. LA -2 guiding could preserve the quality of investments
for residents of Holly Creek and Westbranch. LA -3 guiding would be too dense. Mr.
Karon stated that LA -2 guiding is more compatible with the surrounding area. Mr. Karon
presented pictures of homes in LA -1, LA -2 and LA -3 guided property. Mr. Karon stated
that there are as many as 40 children from the age of six months to 12 years. He stated
that there are no sidewalks in the area and children play in their driveways and on the
streets in the late afternoon when the weather is nice. He stated that any rezoning to
contiguous properties that would be high density would be a breach of trust with those
residents who bought lots and built homes based upon the guiding.
Chairman Stulberg introduced Richard Aadalen of 3890 Comstock Lane. Mr. Aadalen
stated that he fully supports the recommendation for LA -2 guiding.
Chairman Stulberg introduced Stephanie Brandmeyer of 3930 Black Oaks Lane. Ms.
Brandmeyer stated that she concurred with Mr. Karon's comments, and that she
purchased her home with the intent of the contiguous property being guided LA -1 and
Commercial.
Planning Commission Minutes
January 28, 1997
Page #18
Chairman Stulberg introduced Jean McConnach of 3880 Comstock Lane North. Ms.
McConnach stated that she concurred with all comments made and that LA -2 is the
appropriate guiding for the property.
Chairman Stulberg introduced Nancy Napier of 16520 -39th Avenue North. Ms. Napier
thanked the Commission for working toward an equitable solution, and stated that LA -2 is
the appropriate and most acceptable guiding to the surrounding residents.
Chairman Stulberg introduced Randy Ridings of 16500 -39th Avenue North. Mr. Ridings
thanked the Commission for the opportunity to speak. Mr. Ridings stated that the
residents want to protect their property investment and quality of life. He stated that the
issue can be debated forever, but the solution of LA -2 satisfies the issue.
Chairman Stulberg introduced David Rowe of 3975 Black Oaks Lane North. Mr. Rowe
concurred with Mr. Ridings, and stated that he moved in with the assumption that the
property in questioned was to remain LA -1 guiding.
Chairman Stulberg introduced Jerry Theis of 16800 Highway 55. Mr. Theis stated that
this is the third time in one year that his property has come up for reguiding. He stated
that he has been in operation since 1956, and purchased the additional 20 acres in question
in 1974. Mr. Theis stated that because of assessments on the property, it is no longer
economically feasible to grow the trees and plants anymore on the 20 acres. Mr. Theis
stated that it is reasonable to guide the property LA -3. He stated that LA -2 does not fit
with commercial land to the south and to the west. Mr. Theis stated that if the City won't
agree to the LA -3 guiding, Mike Gair has a new proposal to present.
Chairman Stulberg introduced Mike Gair of 15050 -
23rd Avenue North. Mr. Gair stated
that he is representing Mr. Theis and that they are opposed to the LA -2 guiding. He
stated that as the land owner, Mr. Theis' needs should be considered and addressed. Mr.
Gair stated that some of the concern from the Town and Country proposal for LA -3 came
from people living east of Dunkirk. The Comprehensive Plan provides transition from
LA -1 to LA -2 via Dunkirk Lane. He stated that the Holly Creek subdivision was
approved with full knowledge that the Dundee property was zoned Commercial. Mr. Gair
stated that it is an unreasonable directive for the Theis property to absorb the transition
solely on their own. He stated that the property could be appropriately guided for
Commercial, LA -1, LA -2 or LA -3. Mr. Gair asked the Commission to consider the
triangular portion that is currently guided LA -1, be reguided to LA -2 providing additional
transition from the north and east, and the remainder of the site be guided LA -3. He
stated that it would be more consistent with Mr. Theis' plans.
Chairman Stulberg introduced Tom Blanck of 16605 -39th Place North. Mr. Blanck stated
that he supports the request for LA -2 guiding, as it would be more consistent with the
surrounding area. He stated that he is concerned with a negative affect on property values
if the land was guided LA -3.
Planning Commission Minutes
January 28, 1997
Page #19
Chairman Stulberg introduced Vicky Duncan of 3850 Comstock Lane. Ms. Duncan
stated that the Commission needs to focus on what exists today and base their decision on
reality. She stated that the reality is that there is commercial property and homeowners
that have spent a great deal of money for their homes. She stated that there is already a
lack of buffering and that LA -2 guiding makes the most sense now.
Chairman Stulberg introduced Fred Hulting of 16630 -
39th Place North. Mr. Hutting
stated that he supports the LA -2 guiding proposal, and is concerned with traffic and
density of LA -3 guiding.
Chairman Stulberg introduced John Byers of 3895 Comstock Lane. Mr. Byers stated that
he agrees with the request for LA -2 guiding, and it is a good compromise for everyone.
He stated that there is not a hardship on the property. Mr. Byers asked how many units
per acre is allowed for LA -3 guiding. Director Hurlburt stated that six to 12 units are
allowed for LA -3 guiding and three to six units for LA -2 guiding. Mr. Byers stated that
this is like another Seven Ponds issue.
Chairman Stulberg introduced Jacki Haughey of 16900 -41St
Avenue North. Ms. Haughey
stated that the Dundee property value has increased because of the Holly Creek homes.
She stated that Garland Lane going through is not necessarily favorable.
Mr. Karon stated that Mr. Theis bought the parcel in 1974 and the value has increased.
He stated that it is balancing the interest of one individual versus hundreds of other
residents and their property values.
Mr. Ridings stated that the proposal Mr. Gair presented increases the LA -3 area and
would not be acceptable.
Mr. Gair restated that they are proposing the northeast five acres be guided LA -2, and the
remainder of the subject property be changed from Commercial to LA -3. Mr. Gair asked
staff to clarify the history of the land guiding of the property. Mr. Gair stated that he
assumed that the Orrin Thompson property used to be guided Commercial. Planner Drill
stated that the Dundee property has not changed since the 1988 Comprehensive Plan. Mr.
Gair stated that the northeast portion is separated by a wetland area, and that the
triangular piece was created for a roadway to run parallel with Highway 55.
Chairman Stulberg closed the public hearing.
Director Hurlburt stated that the Commission is not holding a hearing on Rezoning. The
request if for a Land Use Guide Plan Amendment. If there were a development proposal,
then there would be a Rezoning application. She explained that several zoning
classifications could go with a particular guiding. Guiding does not say what kind of
structure, it pertains to density. Director Hurlburt stated that the City published a hearing
Planning Commission Minutes
January 28, 1997
Page #20
for property to reguide to LA -2, and that there was a previous hearing on all property to
LA -3. She stated that there a number of possibilities and alternatives for the property, and
the City has a great deal of discretion. She stated that the City has found support for LA -
2, LA -3 and to retain the current guiding.
MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz
recommending the approval of a Land Use Guide Plan Amendment for property located in
the northwest quadrant of Highway 55 and Dunkirk Lane.
Commissioner Thompson stated that it seems clear from the testimony that LA -2 would
provide a much better transition than LA -3. He stated that he is concerned with LA -3 on
any portion that abuts Holly Creek, so the alternative would not be acceptable to him.
Commissioner Koehnen stated that based on the information presented she would support
the motion.
Commissioner Berkowitz stated that if the guiding is changed, it doesn't prevent the
owner from coming forward with a development plan. He stated that the guiding is
appropriate for the action.
Commissioner Thompson stated that he can sympathize with the owner on hardship, but
no proof has been presented of the hardship.
Commissioner Stulberg stated that he would not support the motion, as another
alternative has been suggested. He stated he would like to see the new proposal brought
forward. He stated that normally the Commission does not deal with the financial side of
the owner or the residents. He stated that the financial hardship that Mr. Theis alluded to
was for sewer and water assessments for new homes not on his property.
Commissioner Stein stated that the alternate proposal would warrant further consideration
to see if a compromise can be reached.
Commissioner Berkowitz asked that if the motion carried, would it prevent the owner
from coming forward with another plan to reguide to LA -1 or LA -3. Director Hurlburt
replied that if the City Council approves the recommendation, it would not preclude them.
There is no limit on how many applications an owner can make. Town and Country also
has an application pending and the Commission will have to recommend approval or
denial. If both applications were disposed of, the owner can come back with a new
application.
Commissioner Berkowitz stated that this is similar to the Elim Care application. He stated
that it doesn't put a burden on the owner to come up with a new alternative. Director
Hurlburt stated that Elim Care withdrew their application and then submitted a revised
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January 28, 1997
Page #21
application. Had the City denied the application, the City may be faced with a time line as
to when the owner can submit something new.
Chairman Stulberg commented that since the City is the petitioner, he would like to see all
new information and alternatives before a decision is made.
Roll Call Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Stoebner and
Stein and Chairman Stulberg voted nay.)
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner to table the item
in order to allow staff time to gather information on the proposed alternative.
Commissioner Berkowitz asked if it wouldn't be more appropriate to dispose of the City's
petition and put it back with the developer. Director Hurlburt stated that the City has held
a hearing on LA -2 or LA -3, and both are possibilities alone or as a combination.
Commissioner Thompson requested that the item be brought back at the same time as
Town and Country's proposal. Planning Supervisor Senness stated that Town and
Country requested a delay until after the City had decided on this application. Chairman
Stulberg stated that if Town and County decides not to follow through, they can withdraw
the application.
Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote.
Commissioner Stein stated he would like the buffer information included in the next
report.
Planning Commission Minutes
January 28, 1997
Page #22
8. NEW BUSINESS
A. APPOINTMENT OF CHAIRPERSON AND VICE -CHAIRPERSON
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending Mike Stulberg for Chairman. Vote. 6 Ayes. MOTION carried
unanimously.
MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson
recommending Allen Ribbe for Vice -Chairman. Vote. 6 Ayes. MOTION carried
unanimously.
Staff was directed to put the appointment to the Park and Recreation Advisory
Commission on the next agenda.
Commissioners Stein and Koehnen stated they would not be at the February 11, 1997
Planning Commission meeting.
MOTION by Commissioner Berkowitz, seconded by Commissioner Koehnen to adjourn.
The meeting was adjourned at 11:25 p.m.