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HomeMy WebLinkAboutPlanning Commission Minutes 08-27-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES AUGUST 27, 1996 MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John Stoebner, Saundra Spigner, Roger Berkowitz and Jeff Thompson (arrived at 7:04 p.m.) MEMBERS ABSENT: STAFF PRESENT: 1. 2. 3. CALL TO ORDER: PUBLIC FORUM: Chairman Mike Stulberg and Commissioner Tim Bildsoe, Community Development Anne Supervisor Barbara Senness, Planner Engineer Dan Faulkner, and Clerical Hutt APPROVAL OF AGENDA: 7:02 p.m. 4. APPROVAL OF MINUTES: No minutes. 5. CONSENT AGENDA No items. 6. PUBLIC HEARINGS A. PLYMOUTH PONDS DEVELOPMENT, L.L.C. (96096) Hurlburt, Planning Shawn Drill, City Supervisor Denise Acting Chairman Ribbe introduced the request by Plymouth Ponds Development, L.L.C. for a Planned Unit Development Preliminary Plan and Final Plan/Plat for a 110,632 square foot industrial building at Plymouth Ponds Business Park located south of Highway 55 and north of Holly Lane. Planning Supervisor Senness gave an overview of the August 23, 1996 staff report. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Steve Frangier of 3445 Holly Lane North. Mr. Frangier stated that he was concerned with additional traffic and the safety issues involved with having a bus stop near a busy intersection. Mr. Frangier stated that when Planning Commission Minutes August 27, 1996 Page #198 this project received initial approval, the City Council issued a moratorium for six months for industrial uses to address and revise the Zoning Ordinance. Mr. Frangier stated that any additional building for the proposed site were to be under the new Zoning Ordinance standards. Mr. Frangier commented that there was to be no outside storage, but yet he has consistently seen unattended or unattached trailers on the site. Mr. Frangier commented that it is time to change the ordinance so the Commissioners have something more to base their decisions on. Acting Chairman Ribbe introduced Greg Katchmark of 3475 Holly Lane North. Mr. Katchmark presented pictures of the industrial site to depict what residents look at on a daily basis. Mr. Kathcmark commented that the Zoning Ordinance needs to be reviewed and changed immediately. Mr. Katchmark complained about the amount of truck traffic and noise coming from the site. Mr. Katchmark stated that the residents were told there would not be any distributors on the site, but yet the Star Tribune is a tenant. Mr. Katchmark stated that the industrial park is not conducive next to a residential area. Mr. Katchmark suggested that the applicant put in fencing and additional berming. Mr. Katchmark asked for clarification of the total square footage that has been approved to date, and what additional square footage is being requested. Acting Chairman Ribbe introduced Daniel McCarthy of 3455 Holly Lane North. Mr. McCarthy expressed his opposition to the industrial development adjacent to the residential development. He voiced his dissatisfaction with the lack of real meaningful movement by staff for a new Zoning Ordinance. He stated that the citizens recognized that the standards of the ordinance were inadequate when this first came before the Planning Commission, and that is why the City Council put a six month moratorium on any new applications. Mr. McCarthy stated this development should not be expanded until the ordinance is revised. Mr. McCarthy asked since the time this issue originally came up, how much industrial land has been approved. Mr. McCarthy stated that if the City has the time to expand City offices and public recreation areas, then they should have the time to update the ordinance. Mr. McCarthy added that he is concerned with traffic patterns and noise. Director Hurlburt stated that while it probably looks like staff hasn't made any headway on the ordinance, it is tentatively scheduled to be released in draft format on September 20, 1996. Director Hurlburt stated that the ordinance is a total rewrite except for the sign regulations, complete with a new zoning map and Land Use Guide Plan map. There will be at least six public meetings in October (open house format) to discuss the ordinance. There will be a public hearing set for the first meeting in November, and should move forward to the City Council for approval in December. Director Hurlburt stated that there is currently only one classification for industrial and in the new ordinance there will be many more. The noise ordinance is set to go to the City Council in September, which will also have a direct bearing on the industrial areas. Planning Supervisor Senness stated that Planning Commission Minutes August 27, 1996 Page #199 staff had originally hoped to revise the commercial/industrial districts by themselves, but the further they got into the process, they realized it needed to be done all together. Commissioner Ribbe asked if any property or building not occupied will be subject to the new ordinance. Director Hurlburt replied affirmatively. Director Hurlburt add that if there is turnover in a 10 year old building, it would be subject to the new ordinance. Acting Chairman Ribbe introduced Brad Moen, the petitioner. Mr. Moen stated that this is the final building in the industrial park. Mr. Moen commented that this site was originally zoned industrial. There were previous applications to reguide to residential, which did not receive approval. Mr. Moen stated that people that bought their homes did so knowing that the land was zoned for commercial/industrial. Mr. Moen stated that he is currently working with Elim and the Leuers to realign Holly Lane to go through. Mr. Moen stated that they have done everything the City has required to date and have tried to work with the surrounding residents to address their concerns. Mr. Moen agreed that there is heavy traffic at this time, but it is due to construction traffic which should be alleviated after the industrial park is completed. Director Hurlburt asked Mr. Moen to explain the total square footage with the addition of the fourth building. Mr. Moen replied that with the addition of the fourth building, they will be at 25 or 26 percent impervious coverage, which is under the Zoning Ordinance requirements. Commissioner Ribbe asked Mr. Moen to address the issue of noise from the site. Mr. Moen replied that he was aware of one incident about a week ago pertaining to a truck that dropped off a refrigeration unit. He discussed the issue with the tenant and was assured that it would not happen again. Mr. Moen stated that trucks typically enter during business hours only. Mr. Moen stated that there are no tenants with heavy distribution. There are restrictions on building one and limitations on building two. Mr. Moen stated he will continue to work with the other two landowners to continue Holly Lane and then the trucks will be using County Road 24. Commissioner Ribbe asked what the Star Tribune's hours are. Mr. Moen responded that one truck comes in nightly between 2:00 a.m. and 4:00 a.m. and drops off papers for the individual route drivers to pick up for distribution. Commissioner Spigner stated that she was under the impression that the majority of businesses operate from 8:00 a.m. to 5:00 p.m. Mr. Moen replied that the Star Tribune is the only exception. Commissioner Spigner asked if there was any way to make these buildings more attractive. Mr. Moen replied that the buildings are leasing quickly, and does not see any problem with the aesthetics. Mr. Moen that the buildings are nicer than most industrial buildings. Planning Commission Minutes August 27, 1996 Page #200 Commissioner Spigner asked why the applicant is requesting a change in size from what was approved originally. Mr. Moen responded that this parcel was originally an outlot, and it is crucial that it be approved so they can move ahead with the continuation of Holly Lane. They are still 10 percent below the allowable impervious coverage. Mr. Moen stated that they never been able to maximize the site because of roads and wetlands. Commissioner Thompson wanted to know if the applicant had prepared an Environmental Assessment Worksheet (EAW) since the approving resolution noted that any increase may require it. Planning Supervisor Senness replied that staff asked the Environmental Quality Board (EQB) to determine if the increased building size would require the preparation of an EAW. The EQB staff indicated that a mandatory EAW would not be required since the change would be to an existing industrial park. Commissioner Spigner commented that the letter from the EQB stated that staff could order a discretionary EAW. Planning Supervisor Senness stated that the City can always require a discretionary EAW. Commissioner Spigner wanted to know why the City is not requiring an EAW. Planning Supervisor Senness replied that we don't have any reason to require it, in that the type of data gathered in an EAW is already available based on the earlier phases. She added that traffic and wetland issues were addressed with the earlier phases. Commissioner Spigner asked if an applicant comes forward next year with an industrial use adjacent to this property, would an EAW be required. Planning Supervisor Senness responded that if the request is under 300,000 square feet, the City would not need to require it. Commissioner Thompson stated that the staff report indicates limiting loading docks on two of the buildings and asked what the conditions were. Planning Supervisor Senness stated that they were limited to 16 dock doors between the two buildings. Director Hurlburt stated that the primary reason for limiting the number of docks was due to the proximity of the residential area, even though they were beyond 300 feet. The City Council felt since the buildings would be facing a residential area, that by limiting the number of dock doors, it would decrease truck traffic. Acting Chairman Ribbe introduced Harry Lindberg of 3435 Holly Lane. Mr. Lindberg stated that noise has not been a big issue, but he is concerned with truck traffic and safety. Mr. Lindberg stated it would be beneficial to have Holly Lane continue to County Road 101. Mr. Lindberg stated he was concerned with size of the project. He thought it was convenient that the initial proposal fell 8,000 square feet below 300,000, so no EAW was required and now the applicant is proposing an expansion. Mr. Lindberg wondered if an EAW should now be done. Mr. McCarthy stated that he was not aware of the proposed square footage expansion, but feels it is appropriate and necessary for an EAW. Planning Commission Minutes August 27, 1996 Page #201 Director Hurlburt stated that staff has not recommended doing a discretionary EAW. Director Hurlburt explained that after receiving a denial, Elim has requested their application be stayed. Elim is meeting with staff, and may be submitting a new application that encompasses some industrial close to this site, and residential on the western portion of their site. Director Hurlburt stated that it looks unlikely that Holly Lane would extend all the way to County Road 101. It is more likely that Holly Lane will loop back to Medina Road further to the west. The wetlands on Elim's property would separate residential and industrial areas. At that time, the City would decide if an EAW is mandatory, or if a discretionary one is required. Acting Chairman Ribbe closed the public hearing. Commissioner Stoebner asked if an additional 40,000 square feet would have a negative affect on safety. Planning Supervisor Senness replied that since the area is guided for industrial it should not have a negative affect. City Engineer Faulkner concurred that roads were planned and built to handle the traffic. The traffic will depend on the nature of the tenants. Director Hurlburt noted that originally there was discussion of traffic controls at Holly Lane and Medina, which may need a signal at some point. MOTION by Commissioner Spigner, seconded by Commissioner Thompson to recommend to the City Council to require a discretionary Environment Assessment Worksheet. Commissioner Berkowitz commented that with three buildings already in use, an EAW will not shed any new light on the issue, but will only result in a delay. Commissioner Thompson stated his concern is that if the original proposal had been for 330,000 square feet, an EAW would have been required. Roll Call Vote. 3 Ayes. MOTION carried on a 3-2 Vote. (Commissioners Stoebner and Berkowitz voted Nay.) Director Hurlburt stated that she will attempt to get the item on the September 4 City Council Meeting Agenda. B. MAERTENS-BRENNY CONSTRUCTION CO. (96105) Acting Chairman Ribbe introduced the request by Maertens-Brenny Construction Co. for a Site Plan Amendment and Conditional Use Permit Amendment for a 4,305 square foot expansion and for 26 additional parking stalls to be added to St. Barnabas Church located at 15600 Old Rockford Road. Planner Drill gave an overview of the August 20, 1996 staff report. Acting Chairman Ribbe opened and closed the public hearing as there was no one present to speak on the issue. Planning Commission Minutes August 27, 1996 Page #202 MOTION by Commissioner Spigner, seconded by Commissioner Thompson to recommend approval of a Conditional Use Permit Amendment and Site Plan Amendment for Maertens-Brenny Construction Co. for improvements at St. Barnabus Church, 15600 Old Rockford Road. Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. 7. OLD BUSINESS A. MARFIELD, BELARDE, AND YAFFE. (96075) Acting Chairman Ribbe introduced the request by Marfield, Belgarde, and Yaffe for Sign Variances for a Home Depot store to be located at the northeast corner of I-494 and County Road 6. Planning Supervisor Senness gave an overview of the August 23, 1996 staff report. Planning Supervisor Senness presented imaging of Home Depot signs on I-494 northbound and southbound. Commissioner Berkowitz asked if the sign will be illuminated. Rosalyn Holderfield, representing the petitioner, replied affirmatively. She stated that the sign is internally lit and set to turn off one hour after the store closes (11:00 p.m.). Acting Chairman Ribbe introduced Tom Magers, representing the petitioner. Mr. Magers presented pictures of the proposed signs for the site depicting where they would be located. MOTION by Commissioner Thompson, seconded by Commissioner Spigner recommending approval of the Variances identified as items numbered 15, 16, and 17 in the resolution approving Preliminary Plat, Site Plans, Conditional Use Permit for Marfield, Belgarde and Yaffe Companies for property located at the northeast quadrant of County Road 6 and I-494. Roll Call Vote. 5 Ayes. MOTION carried unanimously. B. HUTCHINSON TECHNOLOGY, INC. (96099) Acting Chairman Ribbe introduced the request by Hutchinson Technology, Inc. for a Planned Unit Development Final Plat Amendment and Conditional Use Permit to allow two outside storage tanks for property located at 5905 Trenton Lane North. Planner Drill gave an overview of the August 21, 1996 staff report. Commissioner Berkowitz commented that report submitted by the applicant does not contain the type of detail that was requested by the Commission. The Commission Planning Commission Minutes August 27, 1996 Page #203 requested modeling of a worst case catastrophic release. He stated his concern that there is not enough detail in the Emergency Response Plan pertaining to notification and evacuation of the public. Acting Chairman Ribbe introduced Mike Johnson from B.A. Liesch Associates, Inc., consultant for Hutchinson Technology. Mr. Johnson stated that he modeled 60 pounds of a whole tank, which is a credible release. Mr. Johnson stated that according to Mr. John Anderson of LaRoche Industries, Inc., a catastrophic failure of an ammonia tank at an industrial site has never occurred in the United States. In comparison, the agricultural industry uses a large quantity of liquid ammonia. Trucks with over 10 times the amount of ammonia that will be stored at Hutchinson Technology Incorporated are traveling our roads every day. They did model the worst case scenario, but did not submit that in the report, as the odds are so extremely remote of that happening. Mr. Johnson stated that there is more likelihood of a release with trucks carrying 4,000 gallons versus a 1,000 gallon tank as the applicant is proposing. Commissioner Thompson asked what the worst case scenario was. Mr. Johnson replied that if the whole tank releases, it will model beyond the fence line, about 500 meters. Commissioner Ribbe asked if they would consider grain elevators to be an industrial site, as there was a catastrophic release in a grain elevator in Indiana. Mr. Johnson replied grain elevators would not be included as an industrial site, but you need to look at many factors that could have contributed to that, such as was the tank protected. Commissioner Spigner commented that the report was good, but the applicant underestimated the Planning Commissioners in being able to look at the whole picture and decipher what is likely to happen. Acting Chairman Ribbe introduced Todd Wrucke, representing the petitioner. Mr. Wrucke gave an overview of the Hazardous Waste Contingency Plan and Emergency Procedures. Mr. Wrucke commented that they have made arrangements with the different agencies regarding the procedures. Commissioner Berkowitz did not think ammonia should be mixed with a Hazardous Waste Contingency Plan. He asked what they are going to do in the event of a release such as broken fittings or overfilling of tanks. Commissioner Berkowitz stated he would like to see more of the specific actions outlined. He stated that they haven't taken into consideration the public, after evacuation. Mr. Wrucke replied that once public safety personnel is notified, they take charge of the public evacuation. Acting Chairman Ribbe introduced Dave Reynolds of B.A. Liesch and Peter Torrasani of Hutchinson Technology. They stated they were available to answer questions. Planning Commission Minutes August 27, 1996 Page #204 Commissioner Berkowitz stated that he is in a quandary as to whether to table because of the lack of detail requested by the Commission, or recommend denial because of the same lack of detail. He stated he did not want to deny the application, as it can installed and run safely, but wants to bring to public attention some of the new environment regulations that could apply to this. MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson to recommend the application by Hutchinson Technology for an MPUD Final Plan Amendment and Conditional Use Permit be tabled for more detailed information. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Stoebner voted Nay.) Commissioner Thompson stated he didn't have the data to study for reasonable judgment on the application. Mr. Wrucke reiterated that the applicant needs to submit the worst case modeling, and control procedures for smaller incidents pertaining to what action would be taken. Commissioner Berkowitz replied affirmatively and also suggested they look at the recently released EPA Risk Management Rule when responding to this. C. ZONING ORDINANCE UPDATE Director Hurlburt stated that there may be a special meeting on September 25, 1996, for the City Council to review the proposed Zoning Ordinance and the Planning Commissioners are welcome to attend that meeting. Director Hurlburt stated that the September 10, 1996 Planning Commission Meeting will start at 8:00 p.m. MOTION by Commissioner Spigner, seconded by Commissioner Berkowitz to adjourn. Meeting adjourned at 9:12 p.m.