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HomeMy WebLinkAboutPlanning Commission Minutes 06-25-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 259 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Jeff Thompson, Tim Bildsoe, Saundra Spigner, Roger Berkowitz 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: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Thompson, seconded by Commissioner Spigner recommending approval of the May 28, 1996, Planning Commission Minutes. Vote. 7 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: No items. 6. PUBLIC HEARINGS: A. C. G. REIN (96044) Chairman Stulberg introduced the request by C. G. Rein for an Amendment to the Land Use Guide Plan Element of the Comprehensive Plan to reguide 5.76 acres from CL Limited Business) to CS (Service Business), Rezoning from B-1 (Office Limited Business District) to B-3 (Service Business District), Preliminary Plat to create three lots, Site Plan, Conditional Use Permit, and Variances for property located at the southwest quadrant of Highway 169 and Schmidt Lake Road. Planning Commission Minutes June 25, 1996 Page #151 Senior Planner Keho gave an overview of the June 14, 1996 staff report noting that on Page 5, Item E, it should state "to rezone 5.76 acres to B-3 (Service Business District)." Commissioner Ribbe stated that he is concerned with the traffic that will be generated by the proposal, and that it does not seem possible that a medical building would produce the same amount of traffic as a Class I restaurant, as the traffic report indicated. City Engineer Faulkner stated that traffic would be about the same for outbound left turns for a medical building considering the directional trip distribution during peak time. Director Hurlburt commented that an office building could be three or four times larger - 80,000 square feet, versus the proposed 15,200 square feet. Commissioner Thompson stated that his understanding is that the church is concerned with traffic on Sunday mornings, and that traffic from a restaurant can be higher on a Sunday morning. City Engineer Faulkner added that background traffic is very minimal on weekends. Commissioner Ribbe stated that the traffic study indicates that any form of development may cause some traffic problems. He wondered if the proposal is approved, and traffic gets unmanageable, can the process be sped up with the Minnesota Department of Transportation for traffic signals for the east and west ramps of Highway 169. City Engineer Faulkner replied that it is envisioned that the four way stop at Nathan Lane and Schmidt Lake Road would continue to work until 1998. Director Hurlburt added that traffic controls are needed whether this development is approved or another development goes in on the site. Commissioner Bildsoe asked what a level of service F is as indicated in the traffic report prepared by the City's consultant, Strgar-Roscoe-Fausch (SRF). City Engineer Faulkner explained that it is a stop -type condition that constitutes delays being minutes rather than seconds. Commissioner Bildsoe asked if the level of service F would happen after the site is developed and would it be acceptable if a signal was not installed. City Engineer Faulkner replied that traffic signals for the west and east ramps of Highway 169 are scheduled for 1998. Until the signals are installed, traffic will cause a slight problem, but not an unacceptable situation. Commissioner Thompson questioned if a specific finding has to be demonstrated to change the Comprehensive Plan. Senior Planner Keho explained that you do not have to rely on a specific item, rather there are goals stated in the Comprehensive Plan and staff looks at all the items together to see if the benefit of the project outweighs the negatives. Director Hurlburt added that the City has broad discretion to define the Comprehensive Plan and does not have to meet a specific criterion. Commissioner Spigner commented that since the businesses have not been named, we do not know the popularity, and there could be significant traffic difference based on the Planning Commission Minutes June 25, 1996 Page #152 popularity of the restaurant. There is no ingress/egress which causes more difficulty. There will be added traffic not only to Schmidt Lake, but to residential traffic on 45th Avenue. Chairman Stulberg stated that you need to assume that any business that goes in on the site will be successful. Commissioner Spigner stated she would rather have the facts and not assume. Chairman Stulberg stated that the applicant is not required to come forward with the names of businesses that may occupy the site. Senior Planner Keho stated that the access is a shared access built to serve this property and the church property. The potential for cut through traffic would exist no matter what business goes in on the site. Commissioner Spigner stated that an office building has a totally different traffic pattern than a restaurant and convenience store. She asked what if something larger goes in than what is proposed. Senior Planner Keho replied that the application includes a restaurant for 300 seats. If they want something bigger, they would have to come back through the Planning Commission process. Commissioner Berkowitz asked what a Class I restaurant is. Senior Planner Keho explained that a Class I restaurant does not have a drive-through facility. If the applicant would want a drive-through facility, it would have to go through the Planning Commission process. Commissioner Stoebner asked about the possibility of signalizing the entrance, or an entrance along Highway 169. City Engineer Faulkner replied that a signal would not be placed on a private drive. There are no plans scheduled to relocate the west frontage road, and the land is owned by someone other than the applicant. Chairman Stulberg introduced Linda Fisher, representing the petitioner. Ms. Fisher stated that they concur with the staff report and the listed conditions. The applicant has met with people representing the church to discuss issues. Ms. Fisher stated that the Planning Commission recommended unanimous approval of the previous request in 1989. The size of the project has decreased dramatically since the last application. The proposed development in 1989 was for a retail shopping strip mall, and the need has changed to create service type businesses. Since 1989, CS guided land is not as readily available for developing. Ms. Fisher stated that the applicant also had a traffic study prepared by BRW, Inc. She explained that traffic generation is based on two things, type of use and square footage of use. Both type of use and square footage have changed since the 1989 proposal. Ms. Fisher stated that the site will be developed whether this proposal is approved or not. Ms. Fisher stated that there is a clear finding in the both the SRF and BRW traffic studies, which is that traffic impacts would be substantially the same for the existing guiding and the proposed guiding. All four levels of service - A to D - are acceptable. Level of service D is generally considered acceptable in an urban area. She stated that there is a Planning Commission Minutes June 25, 1996 Page #153 minor left-hand turn movement at a level of service F for one hour of the day. From an overall function, the project would operate at an acceptable level of service. The applicant has offered to contribute one leg of the traffic signal, which they are not required to do. If monitoring looks to be acceptable long term at Nathan Lane and Schmidt Lake Road, the applicant would escrow money for the one leg of the traffic signal. Ms. Fisher explained that trip generation is done on the basis of category of uses. Both traffic studies indicated that the proposed use is comparable to other uses. The studies looked at the PM peak hour, and traffic generation and trip generation is comparable. The studies did not take into account Sundays, because of low background traffic. The uses such as the convenience store and auto service center, have a high percentage of pass by trips, which means that the traffic is already on the road, rather than destination oriented. Ms. Fisher commented that the proposed guiding is consistent with the Comprehensive Plan. The developer has chosen to integrate all sites, as opposed to coming in with separate applications. The auto service center is close to being leased. Chairman Stulberg introduced Tony Heppelman, of BRW, Inc., representing the petitioner. Mr. Heppelmann stated that he agrees with Ms. Fisher's analysis of the traffic report. Mr. Heppelmann presented a chart from the BRW, Inc. traffic study indicating that during PM peak hour, the trip generation for the proposed site is 115 versus 134 under a general office use. He stated that any uncontrolled intersection causes a problem for left-hand turn movement, but you then look at the amount of delay. The traffic study assumed an even split of movement, but uses are more oriented from Highway 169; therefore, there would be more right -turn movement from the site. The access can handle a queue of three or four vehicles. If the queue gets too long, people do begin to take chances at pulling out. Mr. Heppelmann presented an aerial photo of the site showing the access out to Nathan Lane is not highly visible, so it should not present a problem for cut -through traffic. Chairman Stulberg introduced John Bergly, landscape architect, representing the petitioner. Mr. Bergly stated that the applicant originally started out with a Planned Unit Development for the site, but then decided to plat into three lots. The green areas are just under 50 percent of the site. Mr. Bergly presented the Landscape Plan detailing landscape buffering between two parking areas for the restaurant and the auto service center. The site is 18 to 20 feet lower than the intersection. The building exteriors will consist of brick and stucco, and the roofs will be the same color. The canopy for the fuel island will be coordinated with the convenience store building. There will be decorative lighting around the perimeter of the site, with large overhead lighting only in the back of the site. The landscaping will consist of 76 overstory and 39 ornamental trees, and 50 shrubs. Planning Commission Minutes June 25, 1996 Page #154 Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Donald Roening of 4709 Louisiana Avenue North, Crystal. Mr. Roening stated that he is concerned with the additional traffic and the risk of damage to the curbs and driveways. He wanted to know who is responsible for the repairs to the curb and driveway. Mr. Roening asked what is the proposed height of the freestanding signs. Mr. Roening was also concerned with a restaurant going in and the potential of a liquor license next to the church. Mr. Roening would like to see a separate entrance for the proposed businesses. Chairman Stulberg introduced Paul Rodrigue of 4724 Erickson Drive, New Hope. Mr. Rodrigue states that he lives on the east side of Highway 169. He did not see the need for an additional service station since there is already one located on 49th Avenue east of Highway 169. Mr. Rodrigue stated his concern for the added traffic, loss of wildlife and what the freestanding signs would look like. Mr. Rodrigue asked why the site has to be developed at all. He stated that the proposal will add jobs, but will also add traffic. Chairman Stulberg introduced Mauri Mickelson, 6072 Rhode Island Avenue North, New Hope. Mr. Mickelson stated that the site was always intended to be a business type property and that is why the church agreed to a shared driveway. They did not agree to the proposed type of development. He stated that traffic will be a continuous problem, not just on Sundays. With the long term projection of an controlled intersection, there will be a back- up of traffic causing further hindrance to the church site. Mr. Mickelson stated that the current shape of the driveway precludes sharp turns made by semi -trailers. Mr. Mickelson did not think a "Do Not Enter" sign would be an appropriate sign for a church property. Mr. Mickelson commented that he was also concerned for building and ground maintenance of the proposed development. Chairman Stulberg introduced Dr. Bob Hoover of 2020 Orkla Drive, Golden Valley. Dr. Hoover commented that the proposal looks good from an aesthetics point. He stated that no matter what goes in, there will be the same types of problems with the internal intersection. He was concerned with the road in front of the businesses going into the church lot and then exiting out to Nathan Lane. Chairman Stulberg closed the public hearing. In response to questions raised regarding traffic, Senior Planner Keho stated that there are constraints from the wetland that would prohibit offsetting the exit from the church. The Planning Commission Minutes June 25, 1996 Page #155 road is designed to a 45 degree turning radius for fire trucks to access the site if needed. Mr. Bergly commented that alternatives were looked at that were not acceptable to the City. Offsetting the driveways to the church and the C. G. Rein site was considered, but there was not enough room to do so. Mr. Heppelmann stated that templates were applied for the turning width for trucks entering the site. The access is designed for trucks to get in and out of the site. Mr. Heppelmann stated that a "No Thru Traffic" sign would be more appropriate for the church property, and C. G. Rein would be willing to pay for the signs. In response to the question raised as to who is responsible for damage to the private drive, City Engineer Faulkner stated that the City does not get involved with private drives; it is up to the individual owner. Mr. Bergly stated that there will be two freestanding signs at 36 feet; one sign will be placed in Lot 1, and one in Lot 3. Mr. Bergly stated that the signs have not been designed yet, but will be compatible with the buildings. Chairman Stulberg added that the ordinance will not allow any reader boards or blinking lights on signs. Director Hurlburt asked how high the signs would be in relation to Schmidt Lake Road. Mr. Bergly replied that the sign on Lot 3 will be at grade level, and the one on Lot 1 will be down 16 feet from the level of Schmidt Lake Road. Senior Planner Keho explained that if the application is approved as submitted, the applicant will be required to submit a financial guarantee. Once the project is completed, and all conditions are met, the financial guarantee is returned. If the land is platted and sold and there are any changes of impact, the applicant would have to come back to the Planning Commission. A use that requires a Conditional Use Permit would also need to come back before the Planning Commission. Chairman Stulberg stated that the City has no setback regulations regarding liquor licenses being issued to establishments located near religious facilities. Director Hurlburt added that the City does not allow a liquor license without a restaurant attached. In response to Mr. Rodrigue's question, Chairman Stulberg replied that the area does not have to be developed, but the owner has the right to do so. The City can only consider the application as it relates to guiding and zoning regulations. In response to Mr. Mickelson's comments, Senior Planner Keho stated that he did not find any documentation on file regarding a covenant for the shared access. Ms. Fisher stated in talking with the applicant, there is no covenant that connects the shared access to zoning of the site. The church did not buy the property from C. G. Rein, so she did not know what may have been said verbally. Ms. Fisher offered that the applicant would work with the church on a maintenance agreement for the shared access, if development goes forward. Chairman Stulberg introduced Dennis Cavanaugh, president of C. G. Rein. Planning Commission Minutes June 25, 1996 Page #156 Mr. Cavanaugh stated that there will be a format for maintenance of all the properties. C. G. Rein would retain ownership of one of the entities and the other two would be separately owned. C. G. Rein will make sure they have a maintenance agreement with the new owners to ensure the property is maintained. Ms. Fisher stated that with regard to consideration of growth in background traffic, the traffic study done by SRF projected to the year 2015 and growth was built into the study. Commissioner Spigner asked why two Variances were granted from the Fire Code. Senior Planner Keho explained that a Variance from the Fire Code is approved by the City Council and that it is put into the resolution now, so that it is not omitted when it goes to City Council. Commissioner Spigner asked what the Fire Chief s opinion was on the issue. Senior Planner Keho replied that it was recommended for approval. Director Hurlburt added that there are issues that need to be amended in the Fire Code regulations and that the buildings on Lot 1 and 3 do not need to have a fire lane around them. Commissioner Thompson questioned what finding #3 means on Page 2 of the staff report. Senior Planner Keho explained that it was standard wording used by the City Council at that time. Director Hurlburt explained that "highest and best use" is not a planning term, rather an economic term. It is not a reason to approve or deny an application. Commissioner Berkowitz was concerned that the entry way is not large enough to serve three businesses and the church and thought there could be potential problems. He asked if there is a frontage road along Highway 169, south of Schmidt Lake Road. City Engineer Faulkner replied negatively. Director Hurlburt asked if the driveway would be widened from what currently exists. Mr. Bergly stated the roadway is built out to the edge of the easement - 33 feet, while the plan shows 40 feet. Commissioner Berkowitz commented that a "no thru traffic" sign would be more appropriate for the church. Commissioner Thompson asked what the maintenance agreement entails relating to the private drive. Ms. Fisher replied that nothing has been discussed at this point, but that the developer would work out an agreement with the church. Commissioner Ribbe stated that according to Mr. Heppelmann there would be a stronger orientation of traffic exiting right from the site toward Highway 169, but vehicles would still have to make a left turn into the site from Schmidt Lake Road. Mr. Heppelmann stated that vehicles making a left turn from Schmidt Lake Road only have to look at oncoming traffic from two lanes. Vehicles making a left turn from the site onto Schmidt Lake would have to look both left and right before exiting. There will be two exiting lanes from the site for left and right turns. Planning Commission Minutes June 25, 1996 Page #157 MOTION by Commissioner Stulberg, seconded by Commissioner Thompson recommending approval of the Land Use Guide Plan Amendment and Rezoning for C. G. Rein Industries, Inc. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Ribbe voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending approval of the Preliminary Plat, Site Plans, Conditional Use Permits, and Variances for C. G. Rein Industries, Inc. for property located at the southwest quadrant of Highway 169 and Schmidt Lake Road. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner adding Condition #14 requiring the applicant to pay for one leg of a traffic signal between Nathan Lane and Highway 169. Commissioner Berkowitz asked if the Department of Transportation would be paying for that. City Engineer Faulkner replied that a local contribution might help speed up the process through the Department of Transportation. Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner adding Condition #15 requiring the applicant to pay for signage at both church entrances to reduce cut through traffic. Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Thompson adding Condition #16 requiring the applicant to enter into a maintenance agreement concerning the shared driveway with the church property owners. Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously. Roll Call Vote on Main Motion as Amended. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Ribbe voted Nay.) Chairman Stulberg called a recess at 9:10 p.m. and reconvened the meeting at 9:28 p.m. B. ROGER SCHLUSSEL (96074) Chairman Stulberg introduced the request by Roger Schlussel for a Planned Unit Development Amendment and Conditional Use Permit Amendment for an addition that would encroach four feet into the required side yard setback for property located at Planning Commission Minutes June 25, 1996 Page #158 11400 -39th Avenue North. The Amendment would allow construction of an addition onto the rear portion of the garage on the east side of the home. Planner Drill gave an overview of the June 14, 1996 staff report. Chairman Stulberg introduced Roger Schlussel, the petitioner. Mr. Schlussel stated that he concurs with the staff report and conditions. He noted that the as -built survey indicates that the addition can be a maximum width of 8.5 feet rather than 8.83 feet, as was originally requested. Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe recommending approval of the Residential Planned Unit Development Amendment and Conditional Use Permit Amendment for Roger Schluessel for property located at 11400 -39th Avenue North. Roll Call Vote. 7 Ayes. MOTION carried unanimously. C. CITY OF PLYMOUTH - ZONING ORDINANCE AMENDMENT (96078) Chairman Stulberg introduced the request by the City of Plymouth for a Zoning Ordinance Amendment establishing antenna regulations, including definitions, allowable uses and performance standards. Planning Supervisor Senness gave an overview of the June 20, 1996 memo and presented a City map depicting tower locations. Planning Supervisor Senness also provided pictures of existing towers and antennas. Consultant David Licht gave an overview of the changes to the proposed Zoning Ordinance Amendment. He stated that changes were made based on suggestions from ham radio operators in a joint meeting with City staff. Mr. Licht stated that "Federally - licensed amateur radio stations" replaced the term "ham radio transmitters". Mr. Licht suggested that an amendment be made to Page 2, Section 50 to insert the wording limited to one support structure per property" before .....as regulated in Section 10, Subdivision F. of this Ordinance. Any additional structure will require a Conditional Use Permit. Mr. Licht noted that a change may need to be made to Page 6, Item 2b., that an applicant may not need a Conditional Use Permit or Administrative Permit, but may need a building permit. Mr. Licht stated that the maximum height of an antenna used in amateur radio service remains the same as it is in the City's current ordinance, which is 70 feet. Federally- Planning Commission Minutes June 25, 1996 Page #159 licensed amateur radio operators are exempt from the requirements that antenna installation and minimum height necessary to function be verified by a professional engineer (General Standards c., f., and i., Page 6). The exception to these changes is where a Conditional Use Permit is required. In these instances, the applicant needs a professional engineer to verify that the height of the antenna is the minimum necessary to function satisfactorily (General Standard f., Page 6). The ordinance does require that towers be installed in the accordance with the manufacturer's instructions or with modifications that do not exceed the published allowable load. Mr. Licht stated that under General Standards, items f. and i. need to be taken in concert. Under item h., there may be licenses that come in after the tower application. That would be acceptable, provided there is demonstration of the use of the antenna. Mr. Licht pointed out a correction that item m. should be item 1. Mr. Licht stated that the word continuous" should be deleted from item c2b. on Page 10. Chairman Stulberg continued the public hearing. Chairman Stulberg introduced Hans Brakob of 1610 Weston Lane. Mr. Brakob thanked the consultant and City staff for the time spent meeting with the ham radio operators and that the modifications to the proposed Zoning Ordinance Amendment are fair and acceptable. Chairman Stulberg closed the public hearing. MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe recommend approval of the ordinance amending the Plymouth Zoning Ordinance by establishing antenna regulations, including the changes noted. Roll Call Vote. 7 Ayes. MOTION carried unanimously. D. ON -BELAY OF MINNESOTA, INC. (96079) Chairman Stulberg introduced the request by On -Belay of Minnesota, Inc. for a Conditional Use Permit Amendment to increase the number of beds from 15 to 20 for an existing Juvenile Treatment Program located at 115 Forestview Lane North. Planner Keho gave an overview of the June 21, 1996 staff report. The license from the State has been issued to increase the number of beds to 20. Chairman Stulberg introduced Sharon Foster, representing the petitioner. Planning Commission Minutes June 25, 1996 Page #160 Ms. Foster, Business Manager for On -Belay of Minnesota, stated that she is available for questions, if needed. She noted that the agenda indicates the address of On -Belay of Minnesota as 105 Forestview, and it should be 115 Forestview. Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe recommending approval of a Conditional Use Permit Amendment for On -Belay of Minnesota, Inc. for property located at 115 Forestview Lane. Commissioner Berkowitz commented that with notices being mailed to all residents within 1,320 feet of the applicant, it should speak highly of the business, since no one showed up to speak against the request to expand. Roll Call Vote. 7 Ayes. MOTION carried unanimously. At 9:55 p.m., Chairman Stulberg called for the meeting to be continued to the Bass Lake Room. Meeting continued at 10:10 p.m. 7. NEW BUSINESS A. ZONING ORDINANCE UPDATE (95100) Planning Supervisor Senness indicated that staff is looking for additional input on the residential sections of the new ordinance so they can move toward the wider public process to discuss the changes. Questions were raised about the need for estate lots. Staff responded that we would look at this issue when we get into the planning for Northwest Plymouth. There was also a question about regulations for cats as well as dogs. Consultant David Licht noted that other communities that tried regulating cats encountered strong opposition. It was also noted that dogs are licensed and cats are not. The need for schools in Northwest Plymouth was raised. Staff noted that this is a planning, rather than a zoning issue and further, that schools typically do not purchase land in advance of need, based on budget factors. In response to a question about CUPS for churches, Consultant Licht noted that the City will want to control certain types of activities in churches and that land use compatibility is a real issue with them. The Commission discussed Livable Communities goals. Staff noted that a number of changes in the ordinance are intended to remove zoning as a barrier to affordable housing. Planning Commission Minutes June 25, 1996 Page #161 The Commission also reopened their discussion on the C.G. Rein application. Several Commissioners indicated that they had concerns about the project that they did not voice during the earlier discussion because they were unsure about other Commissioners positions. They also raised the appropriateness of raising objections to the Council once the Commission had voted. Staff noted that the Commission may want to consider ground rules. After considerable discussion, staff indicated that the Commission could vote to reconsider their earlier motion, even with the applicant absent. MOTION by Commissioner Spigner to reconsider the earlier motion failed for lack of a second. The meeting adjourned at 11:35 p.m.