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HomeMy WebLinkAboutPlanning Commission Minutes 03-25-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 25, 1997 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Jeffrey Thompson (arrived at 7:03 p.m.), Allen Ribbe, Bob Stein, and Kim Koehnen MEMBERS ABSENT: Commissioner Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners Shawn Drill, Kendra Lindahl, and John Rask, Public Works Director Fred Moore, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: Chairman Stulberg requested that an additional sentence be added to Page #60, Paragraph 4 stating that "Chairman Stulberg explained that he made the motion for approval because he did not want a negative motion put on the table." MOTION by Commissioner Koehnen, seconded Commissioner Stoebner to approve the March 11, 1997 Planning Commission Minutes as amended. Vote. 3 Ayes. (Commissioners Ribbe and Stein abstained). 5. CONSENT AGENDA: A. HENNEPIN COUNTY PROPERTY SERVICES (97020) MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of a Site Plan Amendment for Hennepin County for the Driving Range Facility located at the Adult Correctional Facility, 1145 Shenandoah Lane North. Vote. 6 Ayes. MOTION carried on a unanimous vote. 6. PUBLIC HEARINGS: A. CITY OF PLYMOUTH (96106) Planning Commission Minutes March 25, 1997 Page #66 Chairman Stulberg introduced the request by the City of Plymouth for a Comprehensive Plan Amendment to the City Water Supply Plan. Public Works Director Moore gave an overview of the March 20, 1997 staff report. Commissioner Thompson asked what the adjustable rate on usage is based on. Director Moore explained that they use a mean average of a typical single family household's usage. Commissioner Thompson commented that he has been in a city where they used that structure, and it doesn't make sense. Commissioner Stein questioned if the 10 percent unaccounted water use is normal. Director Moore replied that it is not abnormal. He added that the water flushing could account for five percent. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of the Comprehensive Plan Amendment for the City of Plymouth for adoption of the Conservation and Emergency Management Plan. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. B. CITY OF PLYMOUTH (97017) Chairman Stulberg introduced the request by the City of Plymouth for Rezoning of five commercial lots from C-1 (Convenience Commercial District) to C-2 (Neighborhood Commercial District) for 11520, 11530, 11540, 11550, and 11610 County Road 10. Planner Lindahl gave an overview of the March 19, 1997 staff report. Commissioner Thompson asked if staff is recommending approval because the Zoning Map must be consistent with the Land Use Guide Plan. He asked if the current use is non- conforming. Planner Lindahl explained that when the City revised the Zoning Ordinance and Map in 1996, the City rezoned each parcel to the new district that most closely paralleled the existing district and limited non -conformities. Under the current C-1 Convenience Commercial) zoning, the existing liquor store and restaurant are non- conforming uses. The C-2 (Neighborhood Commercial) zoning district is a better fit for this site, as it more closely parallels the previous B-2 zoning district. It should have been rezoned to C-2 last December as it was the closest designation to the previous B-2 zoning district. Chairman Stulberg opened the public hearing. Planning Commission Minutes March 25, 1997 Page #67 Chairman Stulberg introduced Dwight Tschetter of 15815 Sunset Road. Mr. Tschetter stated that he has made an offer to purchase the property. He commented that zoning the property as C-1 was an error, and that the C-2 zoning is more appropriate for the current uses. Chairman Stulberg closed the public hearing. MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of an Ordinance amending Chapter 21 of the City Code to classify certain lands located north of Bass Lake Road, west of Zachary Lane and east of Hemlock Lane from C-1 (Convenience Commercial) to C-2 (Neighborhood Commercial) and the Findings of Fact for Rezoning of five commercial lots located north of Bass Lake Road and West of Zachary Lane. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. C. CITY OF PLYMOUTH (97018) Chairman Stulberg introduced the request by the City of Plymouth for Rezoning of 12 residential lots from P -I (Public/Institutional District) to RSF-2 (Single Family Detached Dwelling District 2) for property located south of 23rd Avenue, north of West Medicine Lake Park, and west of Medicine Lake Drive West. Planner Lindahl gave an overview of the March 19, 1997 staff report. Chairman Stulberg asked how these parcels were missed. Director Hurlburt explained that several things were used, including the GIS (Geographical Information System) when staff prepared the new zoning map. Typically, anything south of 23rd Avenue shows as a park, and these parcels were picked up as such. Staff did not check every individual parcel when the new zoning map was prepared. Director Hurlburt stated that there may be other minor errors that staff have not caught, but they will be brought forward as they are discovered. This particular situation was raised by one of the residents that was going to improve their property and called to check on the zoning. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Steve Chase of 11901 - 23rd Avenue North. Mr. Chase asked if the City is going to make the alley a usable road or has any intention of turning it over to the residents to maintain. As it is, there are four homes that are affected by the alley, and do not have appropriate access to their garages. He stated that he would like the City to abandon the alley so the residents can get to their garages. Chairman Stulberg introduced Roger Meyerhofr of 11825 -23rd Avenue. Mr. Meyerhofr asked if the city had wanted to own these properties at one time. He stated that he wants to make repairs to his property, but is limited as to what he can do. Planning Commission Minutes March 25, 1997 Page #68 Chairman Stulberg closed the public hearing. City Engineer Faulkner stated the city has no plans of doing anything with the alley at this time. The residents would need to make a formal, written request to vacate it, then the city would consider it. He stated that he has seen a request previously, but has no formal position on it at this time. Director Hurlburt commented that the vacation of the alley would be a separate action from the rezoning. Director Hurlburt stated that the boundaries of the park on the Comprehensive Plan have always been larger, and if the parcels were to become tax delinquent, the city would probably accept them. She said that prior to the new zoning ordinance, there wasn't a district for parks. She indicated that the city does not have any plans at this time to purchase the lots in question. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of an Ordinance amending Chapter 21 of the City Code to classify certain lands located north of West Medicine Lake Park, west of Medicine Lake Drive, and south of 23rd Avenue North from P -I (Public/Institutional) to RSF-2 (Single Family Detached 2) and the Findings of Fact for Rezoning of 12 residential lots located north of West Medicine Lake Park, south of 23rd Avenue and west of Medicine Lake Drive North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. D. JANCO, INC. (96150) Chairman Stulberg introduced the request by Janco, Inc. for a Land Use Guide Plan Amendment, Rezoning, Conditional Use Permit, Variances and Preliminary Plat for 19 single family detached homes and 46 multi -family homes known as Conor Meadows, Plat Two, for property located northeast of Peony Lane and the Soo Line Railroad. Planner Drill began his overview of the March 18, 1997 staff report. City Engineer Faulkner gave an overview and history of Schmidt Lake Road. Chairman Stulberg asked how the residents south of County Road 9 would gain access to the north. City Engineer Faulkner indicated that they would go up new Holly Lane and then back to the east to an intersection. Director Hurlburt asked what would cause Holly Lane to be changed from its current alignment. City Engineer Faulkner replied that an expansion of Hollydale Golf Course could cause the change. The single family residence south of the golf course would be affected, but they have been included in discussions of the realignment of Holly Lane. Commissioner Koehnen asked if there are any changes proposed to the railroad line. City Engineer Faulkner replied negatively, as it is a main railroad line. Commissioner Stein wanted to know if the section of Schmidt Lake Road, east of Holly Lane would be built now. City Engineer Faulkner replied that it is not scheduled for construction yet, and is not currently listed in the five year Capital Improvement Program. He added that it is unlikely that it will be completed until the determination is made as to what will happen in northwest Plymouth until right-of-way is dedicated. Planner Drill continued with the overview of the March 18, 1997 staff report. Commissioner Thompson asked what the bump is in the a -shape on the plat. Planner Drill replied that it is additional right-of-way. Planning Commission Minutes March 25, 1997 Page #69 Commissioner Ribbe asked if the City has any responsibility or authority over the private entrances if they are approved. Planner Drill responded negatively, and added that they would be maintained by the homeowner's association. Commissioner Ribbe asked if this proposal makes it necessary for the relocation of Holly Lane. Planner Drill replied that this proposal allows for that to happen. It would be stubbed to allow for future expansion. Director Hurlburt commented that this proposal doesn't require Holly Lane to be realigned, but it does allow for it to happen. Existing Holly Lane would remain to the east of the tracks, and placed so that it could be the new crossing if the City decided to do that in the future. Commissioner Thompson asked about the feasibility of continuing the fence for the entire length of the project. Planner Drill replied that there may be some opportunities to include a fence further east. Commissioner Stoebner asked if safety and access had been addressed with regard to the private drives. Planner Drill responded that it was addressed by the Fire Inspector through the Development Review Committee (DRC) process. Commissioner Koehnen asked what the reason is for the fence. Planning Supervisor Senness replied that it is primarily for screening. The developer proposed the fence, which was not required. Commissioner Thompson asked if staff sees any potential safety problems with multi -family homes in close proximity to the railroad tracks. Planning Supervisor Senness stated that the intent of the setback is to achieve a reasonable distance for safety issues. Director Hurlburt added that it is impossible to completely fence a railroad track. Chairman Stulberg introduced Tom Graham, the petitioner. Mr. Graham introduced Mike Gair, representing the petitioner. Mr. Gair gave an overview of the plan for Schmidt Lake Road. Mr. Gair stated that Holly Lane will remain in its current alignment until property is vacated and the proper alignment can be made through Conor Meadows Two. Conor Meadows Two is a continuation east from Conor Meadows. Mr. Gair explained that the outlot is for potential townhomes that will be held until the looping of roads can be continued. Mr. Gair commented that Mr. Graham concurs with the staff report and related conditions. Commissioner Thompson asked about the feasibility of continuing the fence. Mr. Gair explained that there is a dramatic drop off point, but stated that Mr. Graham would be willing to consider additional fencing if the Commission deems it appropriate. He added that the evergreen trees are a landmark for Mr. Graham's developments and serve as a very nice buffer. The evergreens would be 10 feet tall and placed 15 feet on center along both the northern and southern edges of the project. Chairman Stulberg opened the public hearing. Planning Commission Minutes March 25, 1997 Page #70 Chairman Stulberg introduced Lisa Gustafson of 5185 Holly Lane. Ms. Gustafson stated that she is against the proposal due to the extreme high density and the noise and traffic that the project will bring to the area. She stated that low income housing will reduce their property values. She stated that it appears that the townhomes will have access to their easement and their private road. She stated that they would like a barrier to prevent them from using the dirt road. Ms. Gustafson commented that they want to maintain their direct access to County Road 9. They want to continue to have a bus turn around, and if the mailboxes have to be relocated, they don't want it at their expense. She stated that her biggest concern is that they will be subjected to noise, exhaust and light pollution and a diminution of property values because of the change in route. Chairman Stulberg introduced Tom Quanbeck of 5155 Holly Lane North. Mr. Quanbeck stated that he is concerned with the density. He asked if the development would be built as proposed. He suggested that the City should consider something more than 500 feet for property notices. He asked what other means are available to residents to find out about upcoming projects. Chairman Stulberg introduced Roger Schmidt of 4835 Holly Lane North. Mr. Schmidt stated that he concerned about safety, and asked if it is necessary to have another railroad crossing. Chairman Stulberg introduced Harry Wickman of 4935 Holly Lane North. Mr. Wickman stated his concern about additional traffic on Holly Lane and the railroad crossing with the new high school in close proximity. Chairman Stulberg closed the public hearing. Pertaining to the easement, City Engineer Faulkner stated that the easement would remain status quo pertaining to the bus turn around and the mail drop. He commented that the city will need to look at providing access. Residents in Conor Meadows Two would not have a right to use the road. Planner Drill pointed out the present Holly Lane and the configuration of the proposed townhomes. He stated that the townhomes in the outlot wouldn't be built until Holly Lane is realigned. Mr. Gair stated that the grading of the entire property would be done at one time. He added that there could be some control built into the homeowner's association pertaining to access and berming. Director Hurlburt asked if there is an easement on the outlot. Mr. Gair replied affirmatively. Director Hurlburt suggested that unless the easement is vacated, the townhomes can't be built. Mr. Gair replied affirmatively. Commissioner Thompson asked if the applicant would be black -topping the area. Mr. Gair replied not until the easement is vacated. Planner Drill stated that the application includes rezoning and plat approval. If the applicant decided at some point not to pursue the plat, the property would remain RMF -2. If someone else wants to build, they would have to reapply for a plat. Planning Commission Minutes March 25, 1997 Page #71 Pertaining to property notices, Director Hurlburt stated that up until three years ago, notices were sent to property owners within 350 feet, now it is 500 feet. The City publishes notices in the official city newspaper and places a development sign on the property for those that are not within 500 feet. Director Hurlburt stated that the notification system will be looked at in the near future, and if anyone has suggestions on an appropriate distance, they should contact staff. She stated that the city will begin publishing agendas on the web site. City Engineer Faulkner stated that if Holly Lane was to be relocated, he would anticipate crossing gates at the new Holly Lane to improve safety. He stated that there is no intention to close existing crossings. City Engineer Faulkner said that staff needs to look into preventing access to the private road. Ms. Gustafson commented that the Holly Lane alignment on the plat is incorrect. Director Hurlburt stated that it would be appropriate to add a condition to make sure that there is no direct access from the proposed plat onto the private road. Commissioner Ribbe commented that the crossing signals would have to be approved by the railroad. City Engineer Faulkner commented that it would have to be a cooperative effort with the railroad, and it is likely that the city would have to pay the majority of the cost. He added that there are federal funds available for safety improvements. Chairman Stulberg stated that a lot will hinge on the development of northwest Plymouth. Director Hurlburt stated that staff will be looking at the transportation plan next year. At that time, one of the issues will be if Holly Lane will need to continue north of Schmidt Lake Road. That decision is not being made with this development, but it does give that alternative. Commissioner Stein stated that traffic leaving the high school would not normally go east on Schmidt Lake Road since it is not being constructed east of Holly Lane. City Engineer Faulkner stated that Schmidt Lake Road will be constructed to 100 feet east of Holly Lane. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Land Use Guide Plan Amendment for Janco, Inc. for property located north of the Soo Line Railway and east of Peony Lane and the Rezoning and the Findings of Fact for Rezoning of land located north of the Soo Line Railway and east of Peony Lane from FRD (Future Restricted Development) to RMF -2 (Multiple Family 2). Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending approval of a Preliminary Plat for Janco, Inc. for property located north of the Soo Line Railway and east of Peony Lane. Planning Commission Minutes March 25, 1997 Page #72 MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen to add new condition prohibiting access from the plat onto the Holly Lane easement. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved on a unanimous vote. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Ribbe to add a condition requiring continuation of the fencing along the southern edge of the project. Commissioner Ribbe commented that with the homes so close to railroad, the city should require whatever they can to ensure the safety of children. Commissioner Thompson stated that the request is not an indication to criticize the proposal, as the developer has done a good job, but rather an additional safety measure. Mr. Graham indicated that he is willing to go along with the concept and asked if a cyclone fence weaved through the southern edge would be appropriate. Director Hurlburt asked how tall would the fence be. Mr. Graham replied six feet. Commissioners concurred with Mr. Graham's suggestion. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION carried on a unanimous vote. Roll Call Vote on Main MOTION. 6 Ayes. MOTION carried on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending approval of a Conditional Use Permit and Variances for Janco, Inc. for property located north of the Soo Line Railway and east of Peony Lane. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg called a recess at 8:44 p.m. and reconvened the meeting at 9:00 p.m. E. HOYT PROPERTIES, INC. (97003) Chairman Stulberg introduced the request by Hoyt Properties, Inc. for a Comprehensive Plan Amendment, Rezoning, Planned Unit Development General Plan, and Preliminary Plat to allow construction of five office/industrial buildings totaling 213,943 square feet on five lots for property located at the northwest quadrant of Interstate 494 and Schmidt Lake Road. Planner Rask gave an overview of the March 19, 1997 staff report. He noted an error in the Preliminary Plat and PUD General Plan resolution and that item #10h. should be deleted. Commissioner Thompson questioned if the proposal includes a variance, since reference was made to it only once on the first page of the staff report. Planner Rask stated that the requirement to have frontage on a public street is in the Subdivison Ordinance, and that is Planning Commission Minutes March 25, 1997 Page #73 why the applicant wanted to go with a PUD. Internal setbacks, shared driveways and parking, and street frontage requirements could not be achieved under the current zoning. He stated that the city is allowed more flexibility under the PUD with respect to protection of sensitive natural features. Commissioner Thompson asked if the application is a variance. Director Hurlburt replied that it is intertwined as part of the PUD. This is an example of an outdated Subdivision Ordinance and the relationship with the new Zoning Ordinance. Chairman Stulberg introduced Gary Lally, the petitioner. My Lally presented a colored site plan. He stated that they are trying to be sensitive to the residents on the south side of Schmidt Lake Road and TURK, Inc. You can drive all around the buildings and not see a loading dock. The buildings will be all brick except for rear loading dock areas. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Kristine Erickson of 4815 Cheshire Lane North. Ms. Erickson stated that she lives in the Savannah development and was told that it was zoned light industrial that would consist of businesses that would operate during the day only. She asked who the potential tenants would be. She wanted to know if there is a plan for an interchange on Interstate 494 and Schmidt Lake Road and questioned the traffic patterns to this project. She voiced her appreciation for the proposed landscaping. Mr. Lally and Planner Rask talked about possible tenants/businesses that would be allowed with this proposal. Planner Rask stated that the uses would be similar to the I-1 Light Industrial) district. Planner Rask stated that the interchange for Interstate 494 and Schmidt Lake Road is not listed in the Capital Improvement Plan for the next five years. Director Hurlburt commented that the area could be similar to the PDQ center located at County Road 9 and Interstate 494, which is an example of C-2 zoning. Commissioner Thompson asked if a newspaper distribution center, similar to the one currently at the Plymouth Ponds center, would be allowed. Director Hurlburt replied the definition is "over 50,000 square feet", and it would be allowed on existing Lot 3 if it was less than that in size. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Land Use Guide Plan Amendment, Ordinance Amending Chapter 21 of the City Code to classify certain lands, and the Findings of Fact for Rezoning from I-1 (Light Industrial), I-2 (General Industrial) and C-2 (Neighborhood Commercial) to PUD (Planned Unit Development) for Hoyt Properties, Inc. for property located north of Schmidt Lake Road and west of I-494. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. Planning Commission Minutes March 25, 1997 Page #74 MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of a Preliminary Plat and Planned Unit Development General Plan, as amended by deleting item #10h for Hoyt Properties, Inc. for property located north of Schmidt Lake Road and west of I-494. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. F. SIDNEY BRENNAN (97004) Chairman Stulberg introduced the request by Sidney Brennan for a Preliminary Plat and Final Plat to replat Lot 11, Block 6, Sunny Acres 2nd Addition, and Outlot B, Sunny Acres 3rd Addition for the creation of two lots, and a Variance from the minimum lot size standards. The purpose of the request is to construct a single family dwelling on the newly created lot for property located at 17105 24th Avenue North, east of Holly Lane. Planner Lindahl gave an overview of the March 20, 1997 staff report. Commissioner Thompson questioned if it was true that an applicant does not have to meet all of the variance criteria in order to be approved. Planner Lindahl replied affirmatively. Chairman Stulberg introduced Sidney Brennan of 17105 -24th Avenue, the petitioner. Mr. Brennan stated that he has owned the property since 1969, and his intent is to exercise his right to subdivide his lot. He asked if there is any developer that doesn't wish to benefit monetarily He stated that his lot is unique because of the outlot and believes that he has met each of the variance standards. Mr. Brennan stated that he can stipulate covenants on the value of the house to be built. Mr. Brennan stated that when he purchased the outlot, he knew that the lots in Fazendin were smaller than the minimum standards. He stated that Mr. Leppla had wanted to purchase a portion of his lot for his driveway. Director Hurlburt asked for clarification of how long he has owned the property. Mr. Brennan replied that the property has been in joint ownership with his parents since 1969, and he purchased the outlot in 1995. Chairman Stulberg opened the public hearing. Chairman Stulberg indicated that the city received letters from Alan Wendler of 17205- 23rd Avenue North dated March 16, 1997, Susan & Craig Rohlf of 17335 23rd Avenue North dated March 18, 1997, Jay Leppla of 2200 Holly Lane dated March 19, 1997, and Mary Norris of 2240 Holly Lane North dated March 19, 1997, all in opposition to the proposal. Chairman Stulberg also introduced letters from Mervin & Geraldine Winston of 2205 Holly Lane dated March 23, 1997, John Haurykiewicz of 17210 24th Avenue North dated March 24, 1997, Gloria & Hal Biermann of 17225 24th Avenue North, dated March 21, 1997, Doug & Marilynn Grant of 17005 24th Avenue North dated March 25, 1997, Betty Bacon of 2410 Holly Lane dated March 25, 1997, Anthony Schumacher of 17110 Planning Commission Minutes March 25, 1997 Page #75 24th Avenue North dated March 20, 1997, and a petition signed by 22 people opposing the proposal. Chairman Stulberg introduced Jay Leppla of 2200 Holly Lane. Mr. Leppla stated that he represents a group of homeowners from Willow Bend, and Sunny Acres 2 and 3rd Additions. Mr. Leppa stated that Outlots A and B are privately owned. Outlot A is owned by the Willow Bend Association and is maintained by them. These outlots were designed by an agreement in which the Brennan family was a major participant in the early 1970s. According to city records, the outlots were established because they were too small to build on in comparison to the surrounding lots. Mr. Leppla stated that even though the proposal meets the minimum setback requirements, it would not match the minimums existing on the other corner lots or of the direct neighborhood. The maximum house size which could be placed on Outlot B would not match or reflect the neighborhood. This construction would also set a precedent and allow additional homes to be constructed on Outlot A which has more buildable land. Mr. Leppla stated that Mr. Brennan was a strong advocate of keeping the lot the way it was. He stated that Mr. Brennan has known all along the problems, restrictions and limitations regarding Outlot B before he purchased it. He said that Mr. Brennan is currently in the process of building a house in Orono and would be selling his current house. Chairman Stulberg introduced Bev Coyne of 17230 -24th Avenue North. Ms. Coyne ceded to Mr. Leppla. Chairman Stulberg introduced Fred Coyne of 17230 -24th Avenue North. Mr. Coyne ceded to Mr. Leppla. Chairman Stulberg introduced William Davis of 17205 - 24th Avenue North. Mr. Davis stated that he was involved with Sidney Brennan Sr., regarding the property and making sure that the outlots were not built on. Mr. Davis stated that the proposal does not conform with the surrounding properties. If this variance is granted, the Willow Bend Association could then request a variance for their outlot. Chairman Stulberg introduced Sharrie Flaig of 2415 Holly Lane. Ms. Flaig ceded to Mr. Leppla. Chairman Stulberg introduced Cal Flaig of 2415 Holly Lane. Mr. Flaig ceded to Mr. Leppla. Chairman introduced Chris Garin of 17215 -23rd Avenue North. Mr. Garin ceded to Mr. Leppla. Chairman Stulberg introduced Kari Miller of 2215 Holly Lane North. Ms. Miller ceded to Mr. Leppla. Planning Commission Minutes March 25, 1997 Page #76 Chairman Stulberg introduced B. J. Miller of 2215 Holly Lane North. Mr. Miller stated that all seven of the variance criteria must be met, and the applicant only has met one of them. He stated that the applicant knew when he purchased the outlot, he was aware of the restrictions. Mr. Miller said that the easement and potential drainage to the south could devalue the property. Mr. Miller commented that the applicant has not demonstrated a hardship. Chairman Stulberg introduced Mary Norris of 2240 Holly Lane North. Ms. Norris ceded to Mr. Leppla. Chairman Stulberg introduced John Norris of 2240 Holly Lane North. Mr. Norris ceded to Mr. Leppla. Chairman Stulberg introduced Anthony Shumacher of 17110 -24th Avenue North. Mr. Shumacher ceded to Mr. Leppla. Chairman Stulberg introduced Mervin Winston of 2205 Holly Lane. Mr. Winston stated that the proposal is also an issue of safety. The outlot has served as a bus stop for the children and has provided good visibility of the children. Chairman Stulberg closed the public hearing. Chairman Stulberg stated what someone does, where they live or where they are going to live, is not taken into account by the Commission or City Council. Chairman Stulberg didn't believe he was being deceived by Mr. Brennan. Director Hurlburt just cleared up a question of how long he has owned the outlot. Pertaining to safety issues, sight lines, and the school bus stop, Planner Lindahl commented that the outlot is privately owned and the front yard setbacks apply on Holly Lane and County Road 24 which gives clear visibility. Chairman Stulberg noted that since the outlot is privately owned, the children could be restricted from waiting for the bus. Commissioner Ribbe commented that the opposition seems to be the anticipation of what is going to be built, and that the applicant indicated the willingness to place a covenant on what can be built. Chairman Stulberg stated that it is not appropriate to discuss what exactly would be built, only if variance standards are met, or not. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending denial of a Preliminary Plat and Variance for Sidney Brennan for property located at the southeast quadrant of Holly Lane and 24th Avenue North. Commissioner Thompson stated that it is not relevant where the applicant is going to live, only whether the hardship was self created. The variance standards are clear, and the Planning Commission Minutes March 25, 1997 Page #77 applicant has not shown an undue hardship. There is no indication of uniqueness that would support the variance. The purpose of the request is to increase the value. Chairman Stulberg commented that the hardship is caused by the applicant and that is the overriding factor. Commissioner Koehnen concurred. Commissioner Stein stated that if this request was approved, it may create a precedent for other lots. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. G. TOBIN REAL ESTATE (97013) Chairman Stulberg introduced the request by Tobin Real Estate for a Planned Unit Development General Plan Amendment and Interim Use Permit to construct an 80,000 square foot medical building to the existing West Health complex located at 2855 Campus Drive. Planner Drill gave an overview of the March 19, 1997 staff report. Chairman Stulberg introduced Tom Sexton, the petitioner. Mr. Sexton 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 Stoebner, seconded by Commissioner Thompson recommending approval of a Planned Unit Development General Plan Amendment and Interim Use Permit for Tobin Real Estate Company for property lcoated at the northeast corner of Highway 55 and Interstate 494. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. H. HOMESTEAD VILLAGE, INC. (97016) Chairman Stulberg introduced the request by Homestead Village, Inc. for an Ordinance amending the O -R (Office Residential) Zoning District to allow extended stay hotels. Planner Rask gave an overview of the March 19, 1997 staff report. Commissioner Koehnen asked if the definition limits someone from staying less that one week. Planner Rask replied that the definition is based on state statute and the difference between an extended hotel and a hotel is the cooking facilities. Director Hurlburt said that it should not prohibit someone from renting for five days, but the definition is needed to clarify the intent. Planning Commission Minutes March 25, 1997 Page #78 Chairman Stulberg introduced Paul Crabtree, the petitioner. Mr. Crabtree stated that he concurs with the staff report, but would like to get a better definition, so that it does not prohibit them from renting on a three or four day basis to companies that may be having a business conference. He explained that with an extended hotel, they do not advertise a daily rate. A discussion ensued between the Commissioners and staff as to whether the definition would prohibit the applicant from renting rooms for less than one week. The intent is to advertise a weekly rate, but the city can't prohibit them from quoting rates less than a week. It would be too hard for the city to police advertising and quoting of prices. A Conditional Use Permit can be revoked if it is abused. Director Hurlburt suggested that the definition could be changed to "A building or structure intended as...". Mr. Crabtree said that wording would be acceptable to him. Chairman Stulberg stated that he would be willing to approve it as is, but before going to City Council, staff and the applicant could work on the wording. Commisioner Thompson asked if language could be added that says no less than three consecutive nights. Planning Supervisor Senness replied that a week is where an extended stay hotel is focused on. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending approval of an Amendment to Chapter 21 of the Plymouth City Code (Definitions and Office/Residential Transition Zoning District) including the change in the wording of the definition to include the word "intended", and to have staff check with the city attorney and work with the applicant on more appropriate or clearer language and the Findings of Fact for Amending Section 21005 and 21450 of the Plymouth City Code. Commissioner Thompson stated his preference for tabling the application until such time that the city attorney and staff can work on more appropriate wording and bring it back to the Commission. MOTION by Commissioner Thompson to table the application. MOTION failed due to a lack of a second. Roll Call Vote. 5 Ayes. MOTION approved on a 5-1 vote. (Commissioner Thompson voted nay.) 7. OTHER BUSINESS Planning Commission Minutes March 25, 1997 Page #79 Commissioner Koehnen thanked the city for sending her to the planning commission seminar. Commissioner Stein concurred. Commissioner Thompson stated his concern with the approval of the Homestead Village, Inc. application as the motion was too broad to tackle it. Director Hurlburt replied that if there are substantial changes, it would be brought back to the Planning Commission to approve on an informal basis. MOTION by Commissioner Koehnen, seconded by Chairman Stulberg to adjourn. Vote. 6 Ayes. MOTION was approved on a unanimous vote. The meeting was adjourned at 10:48 p.m.