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HomeMy WebLinkAboutPlanning Commission Minutes 06-11-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 119 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Jeff Thompson, Tim Bildsoe, and Saundra Spigner MEMBERS ABSENT: Commissioner Roger Berkowitz 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: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Ribbe, seconded by Commissioner Spigner to recommend approval of the May 21, 1996 minutes. Vote. 6 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: A. WELSH COMPANIES (96069) Chairman Stulberg introduced the request by Welsh Companies for a Planned Unit Development Final Site Plan Amendment for a 2,242 square foot expansion for the Protein Design Labs located at 3955 Annapolis Lane North. MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to recommend approval of the Mixed Planned Unit Development Final Plan Amendment for Welsh Companies located at 3955 Annapolis Lane North. Vote. 6 Ayes. MOTION carried unanimously. Planning Commission Minutes June 11, 1996 Page #142 6. PUBLIC HEARINGS: A. SCHERBER PARTNERSHIP PROPERTIES C/O LOUCKS & ASSOCIATES, INC. (96005) Chairman Stulberg introduced the request by Scherber Partnership Properties c/o Loucks Associates, Inc. for a Planned Unit Development Preliminary Plan/Plat, Rezoning, and Conditional Use Permit for 34 single family detached lots for property located north of 39th Avenue and west of Dunkirk Lane. Planner Drill gave an overview of the June 5, 1996 staff report. Chairman Stulberg introduced Mike St. Martin, representing the petitioner. Mr. St. Martin stated that he concurs with the staff report. Commissioner Ribbe asked for a review of what changes were made since their meeting with the property owners. Mr. St. Martin replied that the road was realigned 20 feet further south from the wetland crossing east to Dunkirk Lane. They also are adding additional plantings to screen the existing residential development from the proposed road. There will be 20 six-foot trees added. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Mervin Swigart of 3324 Aquila Avenue South. Mr. Swigart wanted to know why his property does not meet the City's criteria to develop. Chairman Stulberg introduced Jerry Theis of 16800 Highway 55. Mr. Theis stated that he is concerned that the new residents will ask for additional berming to screen from his property, which is zoned Commercial/Industrial. Mr. Theis stated that he talked with Mr. Scherber regarding the possibility of joint berming, but does not see it mentioned in the staff report. Mr. Theis asked if Garland Lane is proposed to go through, or will it be permanent. Chairman Stulberg introduced Susan Path of 16815 -40th Place North. Ms. Path thanked City staff for working with her and her neighbors' concerns regarding the proposed project. Ms. Path asked where construction traffic would enter and stated she is concerned with the safety of the children during the construction phase. She asked if damage is done to the street due to construction traffic if the residents would be assessed for the repairs. Planning Commission Minutes June 11, 1996 Page #143 Mr. Swigart wanted to know why the City mitigated up to the northwest side of his property. He added that he thought the mitigation even encroached on his property. Mr. Swigart asked why he was required to pay for water and sewer if he can't build on his property. Chairman Stulberg closed the public hearing. In response to questions raised, Mr. St. Martin explained that the project will consist of two phases beginning on the west side of the site. Street and utility work will be completed on the western portion of the site and then home construction will begin. Construction access for both phases will be via Dunkirk Lane. City Engineer Faulkner stated that money is set aside under a performance bond for any damages that may occur from construction traffic. He explained that the life expectancy of a street is 20 years. After that period street reconstruction is done and the homeowners are assessed for the new street. In response to Mr. Theis' question regarding Garland Lane, Planner Drill replied that it is shown on the plan as a temporary cul-de-sac. There is potential for more residential development south of the site and there may need to be a potential access. Director Hurlburt added it appeared that the wetland may be a barrier and a road access may be needed to the western portion of the site. The cul-de-sac could be made permanent if needed. In response to Mr. Theis' question regarding the joint berming between properties, Mr. St. Martin stated he was not aware of any previous discussion with Mr. Theis, but thought some additional berming could be placed along the southwest area of the site. Planner Drill responded to Mr. Swigart's question pertaining to the feasibility of building on his lot. He stated that Mr. Swigart's lot is rectangular with the majority of the property containing wetlands. Planner Drill commented that Mr. Swigart would like to have an access to the east side of his property, but after wetland and setbacks are applied, there is not sufficient buildable land left on the east side of the property. Coming in from the Scherber property, there would need to be 60 feet of street for one or two homes to be built, which would not be an ideal situation. Planner Drill stated that City staff suggested to Mr. Swigart that he should concentrate his efforts on the west side of his property for a potential commercial use. City Engineer Faulkner stated that the City used land along the northwest side of Mr. Swigart's property for mitigation related to West Medicine Lake Road work, but did not think it encroached on his property. An as -built survey has not been done, but if the mitigation does encroach onto Mr. Swigart's property, it would have to be removed. City Engineer Faulkner added that Mr. Swigart was assessed for area sewer charges, as his Planning Commission Minutes June 11, 1996 Page #144 property is in the designated area for such. It would be up to Mr. Swigart to install lateral sewer when he develops. Director Hurlburt asked if the sewer charges were for his entire property, or just a portion. City Engineer Faulkner replied that it was for Mr. Swigart's entire parcel. MOTION by Commissioner Spigner, seconded by Thompson to recommend approval of the Rezoning, Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Scherber Partnership Properties for property located north of 39th Avenue and West of Dunkirk Lane. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Spigner to add a condition that would require berming on the south side of the property (Lot 1, Block 1; Lots 1 and 2, Block 2; and Lot 16, Block 2) between the residential dwellings to screen from the commercial area. Director Hurlburt stated that Lot 2, Block 2 contains wetland impact and it may not be possible for berming because of the setbacks. Chairman Stulberg replied that it was okay to have staff and the applicant work out the additional berming before the item goes to the City Council. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION carried unanimously. Roll Call Vote on Main Motion. 6 Ayes. MOTION carried unanimously. B. JAMES R. HILL, INC. (96065) Chairman Stulberg introduced the request by James R. Hill, Inc. for a Planned Unit Development Preliminary Plan/Plat, Final Plan/Plat, and Conditional Use Permit for 46 attached units located at the northeast quadrant of Vicksburg and Shenandoah Lane. Senior Planner Keho gave an overview of the June 7, 1996 staff report. Chairman Stulberg introduced Larry Laukka, the petitioner. Mr. Laukka stated that he concurs with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Dr. Tom Resnick of 1562513 -26th Avenue North. Dr. Resnick stated his concern for the placement of the trail. He wanted to know exactly where the trail would be and if any trees would be removed. Dr. Resnick was also concerned with construction noise and wanted to know the hours of operation. Dr. Planning Commission Minutes June 11, 1996 Page #145 Resnick asked if there are any plans for watering of the site during construction. Dr. Resnick stated that Planner Keho indicated that no traffic study had been done, and wanted to know when a study would be done. Chairman Stulberg introduced Merrill Albert of 1561013 -24th Avenue North. Ms. Albert commented that she was pleased to see the addition of the evergreen trees on the plan. She stated that after reviewing the plans, she is concerned with the grading of the land as it looks low at one point behind the units. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated that the trail has already been marked and there should be minimal additional grading required. He added that there should not be any impact to the existing trees because of the trail. Chairman Stulberg asked if the City is required to comply with the Tree Preservation Plan for its own projects. Director Hurlburt replied negatively when it comes to street and trail projects. In response to concerns raised by Dr. Resnick, Senior Planner Keho responded that the City does have a Noise Ordinance which prohibits noise for construction activity after 10:00 p.m. and before 7:00 a.m. Mr. Laukka stated that construction would most likely begin as early as 6:30 a.m. and continue to 4:00 p.m., Monday through Friday. Mr. Laukka stated that the trail is on his property and he dedicated the 30 feet needed for the trail. Mr. Laukka stated that he has never received any complaints on any of their previous projects relating to dust, and no dirt is going to be moved, but if needed, they will use water trucks to water down the site. Senior Planner Keho stated that a traffic study was done when the entire Parkers Lake project was proposed. The traffic study indicated that it could handle 1,147 dwelling units, and with this proposal, it does yet exceed that number. City Engineer Faulkner stated that the grading plan does not indicate any potential drainage problems. Mr. Laukka added that the drainage plan is not being altered. He added that he is continuing to work with Ms. Albert in regards to the drainage problem on the east side of her property. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to recommend approval of a Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Laukka-Williams Parkers Lake located at the northeast quadrant of Vicksburg Lane and Shenandoah lane on 25th Place North. Roll Call Vote. 6 Ayes. MOTION carried unanimously. Planning Commission Minutes June 11, 1996 Page #146 C. FRANCIS AIHE (96066) Chairman Stulberg introduced the request by Francis Aihe for a Variance to encroach seven feet into the required 25 foot rear yard setback. The Variance would allow construction of a two-story addition for property located at 12400 -28th Place North. Planner Drill gave an overview of the June 6, 1996. Planner Drill read the definition of a family from the Zoning Ordinance, indicating that the number of persons is not limited if related by blood. Chairman Stulberg introduced Francis Aihe, the petitioner. Mr. Aihe stated that he and his wife have five children and because of the death of his father-in-law, two of his wife's siblings now live with them. He added that his parents also visit them often. Mr. Aihe stated that he concurs with the staff report. Chairman Stulberg opened the public hearing. Director Hurlburt read a letter dated June 10, 1996 from Lee and Patty Daly of 28th Place North. Their letter indicated the opposition to the proposal because their neighborhood is presently zoned R -IA for low density single family residential housing and the proposal is for an addition that would increase the number of bedrooms to six. This size residential facility is much closer to multi -family or lodging type housing and therefore will not meet the intent of the R -IA zoning. The letter also indicated that because the neighborhood is single family homes with relatively small lots, and double driveways, the parking is limited per home. It is quite possible that the number of residents will increase, causing more parking and traffic problems. The letter also stated that the proposal will negatively affect the property values of all existing homes in the area. Chairman Stulberg introduced Dale Shaltz of 2815 Norwood Lane. Mr. Shaltz stated he is concerned with the upkeep of Mr. Aihe's residence. He stated that it looks good right now, but has not always been that way. He wanted to know what guarantee there is that the project will be completed and the maintenance kept up. Mr. Shaltz is also concerned with the noise from Mr. Aihe's backyard. Chairman Stulberg closed the public hearing. Senior Planner Keho stated that the addition must conform to the City's Building Codes and will be inspected by City Building Inspection staff. Mr. Aihe stated that he has lived at his present residence since 1990, and that Mr. Shaltz is just upset that he called the police regarding Mr. Shaltz's dog attacking two of his children. Mr. Aihe stated that he has never had any complaints regarding his children and Planning Commission Minutes June 11, 1996 Page #147 noise from his backyard. Mr. Aihe stated that this will be a $50,000 addition that will be contracted out, so there should not be any concern about the completion of the project. Mr. Aihe added that he has always been a good neighbor and couldn't understand why Mr. Shaltz has any concerns regarding the addition. MOTION by Commissioner Bildsoe, seconded by Commissioner Stoebner to recommend approval of a Variance for Francis Aihe for property located at 12400 -28th Place North. Commissioner Spigner suggested that Mr. Shaltz consult the Human Rights Commission, as they offer mediation services to see if they can work out their differences. Commissioner Stoebner stated that the application meets the Variance standards outlined in the Zoning Ordinance. Roll Call Vote. 6 Ayes. MOTION carried unanimously. D. THE WESTWIND GROUP OF MN, INC. (96070) Chairman Stulberg introduced the request by The Westwind Group of MN, Inc. for a Site Plan Amendment and Conditional Use Permit Amendment to add a children's play room area and remodel the existing Burger King facility located at 10000 Rockford Road. Planner Drill gave an overview of the May 31, 1996 staff report. Chairman Stulberg introduced Jack Baitinger, representing the petitioner. Mr. Baitinger stated that he concurs with the staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to recommend approval of the Conditional Use Permit Amendment and Site Plan for the Westwind Group of MN, Inc. for property located at 10000 Rockford Road. Roll Call Vote. 6 Ayes. MOTION Carried unanimously. 7. OLD BUSINESS A. ZONING ORDINANCE UPDATE Planning Supervisor Senness presented a videotape showing several neighborhoods within the City of Plymouth depicting sideyard setbacks. Planning Commission Minutes June 11, 1996 Page #148 Director Hurlburt commented that the sideyard setbacks are at a minimum. Planning Supervisor Senness pointed out that in some developments the landscaping makes it difficult to see the sideyards. Director Hurlburt noted that most homes do not have windows on the sideyard. Planning Supervisor Senness commented that the houses seem to be in scale with the various setbacks. The areas where the setbacks are greater, the homes are larger. Commissioner Spigner asked how the changes in the regulation would affect older existing homes if they need to add a garage stall. Director Hurlburt responded they still would be able to do additions, and would be treated the same as previously. The regulation change would not cause any dramatic changes to existing neighborhoods. OTHER DISCUSSION TOPICS Director Hurlburt indicated that staff will be meeting with representatives from the ham radio operators on June 18, 1996, and the item will be back before the Planning Commission on June 25, 1996. Staff has asked the representatives to provide background information as to where the antennas are and the height of each. Chairman Stulberg pointed out the open meeting law notice provided by staff for Commissioners to read. Commissioner Bildsoe asked if the Planning Commission would be looking at advertising signs as it relates to the Zoning Ordinance. Director Hurlburt replied affirmatively, but probably not until early 1997. She added that the City Council put a moratorium on advertising signs for one year to investigate the authority the City has in regards to enforcement issues. Commissioner Spigner asked if the City has a construction ordinance. Director Hurlburt replied that the City has a Noise Ordinance in which construction activity is addressed. Planning Supervisor Senness added that the City Attorney is working on a new noise ordinance, and one item that will be addressed is the hours of activity and the possibility of moving back the hours from 10:00 p.m. to 7:00 or 8:00 p.m. Director Hurlburt stated that construction doesn't mean just contractors, but residents also. Planning Supervisor Senness stated that the Attorney is looking at both stationary noise and impulse noise. Commissioner Ribbe suggested that Commissioners have a study session regarding the responsibilities of the Planning Commission. Chairman Stulberg stated that perhaps it would be appropriate to have a study session with the City Attorney. Commissioner Bildsoe asked if the City Manager should also attend. It was decided that Director Hurlburt would check with the City Attorney to see when he would be available for a study session. Planning Commission Minutes June 11, 1996 Page #149 Motion by Commissioner Ribbe, seconded by Commission Stoebner to adjourn. Meeting was adjourned at 9:03 p.m.