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HomeMy WebLinkAboutPlanning Commission Minutes 04-08-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES APRIL 8, 1997 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Roger Berkowitz, Allen Ribbe, and Kim Koehnen MEMBERS ABSENT: Commissioners Bob Stein and Jeff Thompson STAFF PRESENT: Planning Supervisor Barb Senness, Planners Shawn Drill, and Kendra Lindahl, 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 Koehnen, seconded by Chairman Stulberg recommending approval of the March 25, 1997 Planning Commission Minutes. Vote. 4 Ayes. MOTION carried on a unanimous vote. (Commissioner Berkowitz abstained.) 5. CONSENT AGENDA: 6. PUBLIC HEARINGS: A. PAUL HANSON AND REMAX RESULTS, INC. (96177) Chairman Stulberg introduced the request by Paul Hanson and Re/Max Results, Inc. for a Lot Division and lot width Variances for property located at 9705 -27th Avenue North. Under the proposal, the site would be subdivided into two lots. The existing home located in the east portion of the site would remain, and a new home would be constructed in the west portion of the site. The variances would allow the lots to be 97 feet wide, where 110 feet is specified under the ordinance. Planner Drill gave an overview of the April 1, 1997 staff report. Commissioner Ribbe asked where the pipe would begin. Planner Drill replied at the front lot line along 27th Avenue. Planning Commission Minutes April 8, 1997 Page #81 Commissioner Berkowitz asked if the pipe would be a catch basin. City Engineer Faulkner explained that there would be a 21 -inch pipe with a flared end section that ties into the 42 -inch storm sewer line in the north portion of the westernmost lot (Parcel A). Commissioner Stoebner asked when the ordinance was enacted that would require a 110 - foot setback. Planner Drill answered that its been roughly since the late 1960s. Commissioner Stoebner asked if the applicant has owned the property since 1950. Planner Drill replied affirmatively. Chairman Stulberg introduced Paul Hansen, representing the petitioner. Mr. Hansen stated that his parents own the property in question and he is representing them. He stated that his parents have owned and lived on the property since 1950. It was always their intention to someday divide the property for their financial retirement. Mr. Hansen explained that the topography of the lot is very steep and is unique. The proposed new lot would not interfere with the neighborhood's view as it is further down the hill. Both parcels would be about 27,000 square feet. He stated that the parcel across the street was originally sold as two properties for homes, but regularly flooded so they were not built. The City acquired the property and turned it into a park. Mr. Hansen stated that he concurs with the staff report with the exception of Condition # 13 of the approving resolution. Mr. Hansen stated that he proposes a 24 -inch corrugated metal pipe as it has more resistance and has one and three-fourths more handling capability than the existing 18 -inch pipe. Mr. Hansen did not think that the City should require a small land owner to be responsible for the cost of the improvement, as it would benefit developers north of the site. Commissioner Ribbe asked if the applicant was confident that the reduced size of pipe would handle the drainage runoff. Mr. Hansen commented that it is a difficult site, but assured that the 24 -inch pipe will handle the runoff better than the existing culvert under the road. City Engineer Faulkner stated that the reason the City is requiring a 42 -inch pipe is because it is a requirement of the Comprehensive Storm Drainage Plan. The City has allowed some leeway by not requiring it all the way to 26th Avenue. He offered that if the applicant has an engineer that can rebut the Comprehensive Storm Drainage Plan, staff would take the matter under consideration. City Engineer Faulkner stated that the reason the City is not requiring it all the way to 26th Avenue is that the open channel that is in place now will handle the flow. Mr. Hansen stated that a typical developer is causing some of the additional water burden, but they are not doing anything that would increase the flow. Commissioner Koehnen asked that with the recommendations made by the City, will the lot be buildable. City Engineer Faulkner replied that the applicant would have to do soil Planning Commission Minutes April 8, 1997 Page #82 borings to see if the lot is buildable; staff is indicating that the storm drain would handle the additional home. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Stanley Lueck of 9710 - 26th Avenue North. Mr. Lueck stated that a 24 -inch pipe would not handle the water. He commented that water comes over 27th Avenue now, and if the applicant isn't required to put it through to the road, it won't help the situation. He stated that it will erode the line of the creek. Mr. Lueck stated that it would be a safety hazard for children. Mr. Lueck asked if there was a possibility that he could sell off a portion of his lot. Chairman Stulberg introduced Sandy Peterson of 9730 - 26th Avenue North. Ms. Peterson stated her concern with the safety issue of the storm drain and asked if it would be blocked off, as children play at the nearby park. She stated that there were trees cut down last year on the applicant's property and asked if they were considered in the calculation for the Tree Preservation Ordinance. Chairman Stulberg introduced Bill Thompson of 9640 -26th Avenue North. Mr. Thompson stated that his main concern is the creek and the direction that the water will flow through the pipe. He stated that the water will run at a faster pace through the pipe straight down in into the creek. He commented that a redirection of this flow will erode his property. Mr. Thompson stated that he wants the city to put in writing that they will repair his property if it is eroded because of the approval of this application. Mr. Thompson stated that the 24 -inch pipe proposed by the landowner will not handle the flow of water. Mr. Thompson also indicated a concern with a 42 -inch pipe and children playing nearby at the park. Chairman Stulberg introduced Thomas Zaun of 9700 -26th Avenue Noth. Mr. Zaun stated that he has been maintaining the creek since he purchased his property in 1982. He stated that he is opposed to putting in a culvert all the way to 26th Avenue, as it would flow into his back yard. Erosion is a problem that he is constantly dealing with. Mr. Zaun stated that straightening out the pipe will only make the water flow faster, and the water can't be handled the way it is now. Mr. Zaun wants a guarantee from the City to make repairs if his property gets flooded. Mr. Zaun added that the safety of the children in the neighborhood is also a major factor that should be considered. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated that the Comprehensive Storm Drainage Plan has shown a 42 -inch pipe basically the length of the property since 1980. The water that couldn't get into the 42 -inch pipe would swale overland and then dump back into the existing open channel. He stated that the City requires a trash guard over both sides of the pipe. They would need to put in sufficient rip -rap to slow the water down and then get back into the Planning Commission Minutes April 8, 1997 Page #83 existing flow. The City also requires a Site Improvement Performance Guarantee for a two year period, and that if erosion occurs, the developer would have to remedy it. The proposed change would basically maintain a status quo in the water condition as it is today. Planner Drill stated that there is presently an informal trail through the site, but could not predict if a new owner would allow it to continue. There is a fairly wide grassy area along the eastern route near the Highway 169 entrance/exit ramps. The informal trail is not part of the City's Comprehensive Plan, so staff did not require the land owner to dedicate land or easement. Planner Drill explained that the Tree Preservation Ordinance requires a survey at the time of application. Trees cut down previously were not counted, as the City can not dictate how many trees an owner can cut down on their own property. Commissioner Koehnen asked if the property north of the site is already developed. Planning Supervisor Senness replied affirmatively. Chairman Stulberg asked if the pipe would have to be straightened and then go down to 26th Avenue. City Engineer Faulkner stated that there is an existing open channel that can handle more than the pipe can. He explained that there is currently an 18 -pipe along 27th Avenue that goes under 27th Avenue and goes south. The pipe is undersized for what currently occurs. In the future the City could put in a 42 -inch pipe to tie into the existing 42 -inch pipe. Commissioner Koehnen asked if the City would go ahead and make changes if this application were not approved. City Engineer Faulkner replied negatively, as the existing channel already handles the current flow. The problem is north of 27th Avenue. Commissioner Koehnen asked if the temporary piece of pipe would go in only if this application was approved. City Engineer Faulkner replied affirmatively. Commissioner Ribbe asked how temporary the pipe would be. City Engineer Faulkner responded that it is already an existing condition, and it would wait until the City Council decides to upgrade the street and then the storm sewer would be done at that time. Commissioner Ribbe stated that it seems that the pipe would accelerate the flow of water and create an even worse situation. City Engineer Faulkner replied that the development would replicate existing conditions and not worsen it. MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner recommending approval of a Lot Division and Variances for Paul Hansen and Re/Max Results, Inc. for property located at 9705 -27th Avenue North. Commissioner Ribbe commented that he would not support the motion due to the fact that he feels the application does not meet #3 and #5 of the Variance Standards. Planning Commission Minutes April 8, 1997 Page #84 Commissioner Koehnen commented that the proposal may not meet #7 of the Variance Standards, but she would have to rely on City staff for their expertise and recommendation. Commissioner Berkowitz stated that most applications have some water concerns, but the City does require a Site Improvement Performance Agreement and inspections. Commissioner Stoebner stated that a lot of the problems brought up already exist and will continue because the current pipe under 27th Avenue is inadequate, but will be remedied when the City updates the street. This application will not increase the problem. Commissioner Berkowitz commented that Parcel A is being used for pedestrian traffic to the park, and an easement for a trail at this location would be nice. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Ribbe voted Nay.) B. INDEPENDENT SCHOOL DISTRICT 284 (97022) Chairman Stulberg introduced the request by Independent School District 284 for an Interim Use Permit to continue use of the relocatable classroom structure at Greenwood Elementary School, 3635 County Road 101. Planner Drill gave an overview of the March 27, 1997 staff report. Chairman Stulberg introduced Natalie Malphrus, representing the petitioner. Ms. Malphrus stated that she concurs with the staff report. She explained that the school district has done several things to help with the overcrowding, including changing their internal boundaries to redistribute some students to other schools. She indicated that next year the elementary schools will have Kindergarten through fifth grade, the middle school will have sixth through eighth grade, and the new high school will have ninth through twelfth grade. Chairman Stulberg introduced Joe Mattson, representing the petitioner. Mr. Mattson stated he was also available to answer any questions. 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 Koehnen recommending approval of an Interim Use Permit for Independent School District #284 to allow continued use of a relocatable classroom structure at Greenwood Elementary Planning Commission Minutes April 8, 1997 Page #85 School, 3635 County Road 101. Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg called a recess at 8:15 p.m., and reconvened the meeting at 8:29 p.m. C. MOEN LEUER CONSTRUCTION (97012) Chairman Stulberg introduced the request by Moen Leuer Construction for Rezoning from FRD (Future Restricted Development) to B -C (Business Campus), Preliminary Plat, Site Plan and Conditional Use Permit for construction of two office/showroom buildings of 82,747 square feet and 56,000 square feet to be known as West Glen Corporate Center for property located south of 36th Avenue North, east of Dunkirk Lane, north of Highway 55. Planner Lindahl gave an overview of the April 4, 1997 staff report. Chairman Stulberg asked if the City has been advised as to the ownership of Outlot B. Planner Lindahl replied that the City does own it, and retained ownership for access to this property. Commissioner Ribbe asked if the City Attorney had made a ruling that the City has clear title to Outlot B. Planning Supervisor Senness stated that all information was referred to the attorney and he has determined that the City owns the parcel, and any outstanding issues are being taken care of. Commissioner Ribbe asked what the elevation is of Building #2. Planner Lindahl replied that the applicant may be better able to answer the question, but the clear height inside the building is 18 feet. Commissioner Berkowitz asked what the difference is between the O -R and B -C zoning districts. Planner Lindahl answered that the B -C district has a higher level of amenities, landscaping and building finish, multiple tenants, and multiple buildings. Planning Supervisor Senness added that the O -R district is a transitional district, offices are permitted uses, and higher density residential uses are conditional. Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen stated that with the proposal, they wanted to create an appearance of one building. He stated that these buildings are not office/warehouse buildings, but rather showrooms. He indicated that they don't have to do the berming along the 36th Avenue side, it is just indicated on the plan as an alternative. He stated that if the residents don't want it, he would eliminate it from the plan. Chairman Stulberg stated that if the applicant can't get an easement from the residents, they couldn't put in the berming. Planner Lindahl stated that if the applicant does not do the berming, they would have to come back for a Site Plan Amendment. Mr. Moen commented that he was not aware of that, and if that is the case, he would like to Planning Commission Minutes April 8, 1997 Page #86 take the berming off of the plan. Mr. Moen stated that they are trying to attract tenants that generates traffic during normal business hours. Commissioner Berkowitz asked the applicant what sort of truck traffic is anticipated. Mr. Moen replied that they are not anticipating any big truck traffic, mainly U.P.S. vans or small mini -vans. He stated that the height of the building does not denote high manufacturing or warehousing use. They are looking at high tech office, showroom, and laboratory uses. Commissioner Ribbe asked what the exterior plan elevation is of building two. Mr. Moen replied that the height does go up and down about one and one half feet, but is approximately 21 -feet. He added that the residents will almost be looking over the top of the building, but with berming, they would not be able to see the building. Commissioner Ribbe asked if the Conditional Use Permit is essential since the applicant anticipates mainly office use. Mr. Moen explained that they would like a blanket Conditional Use Permit, so they don't have to come to the City for approval of prospective tenants. It would cause a time delay and they may lose prospective tenants because of it. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced letters that were attached to the staff report from Terence Moriarity, President of Sugar Hills Townhomes Association, Inc, dated March 19, 1997, Elizabeth & John Wirig of 3635 Zanzibar received March 25, 1997, Bruce Overlid of 3605 Zanzibar Lane dated March 16, 1997, Terence Moriarity, Donald Butler, Charles Prescott, and Richard Kenny dated March 12, 1997, Stephen & Jill Wolpert dated March 8, 1997, Roger and Carol Handberg of 3630 Zanzibar Lane North dated March 6, 1997, all in opposition to the proposal. Chairman Stulberg introduced letters received at the meeting from Burton Schwarz of 3650 Black Oaks Lane dated March 31, 1997, Roger Handberg of 3630 Zanibar Lane received April 7, 1997, and Joe Richter, Hydrologist from the Minnesota Department of Natural Resources dated March 5, 1997. Chairman Stulberg introduced Deb Dybdahl of 3610 Archer Lane. Ms. Dybdahl stated that she is the only person that has children in the townhomes. She indicated that it is already dangerous for her children to walk to the bus stop and with the proposal, and the traffic that will be generated with the fitness center and ice arena, it will be even more dangerous. She asked why you can't build a road over a wetland out to Dunkirk Lane, if you can put a building on a wetland. Chairman Stulberg introduced Roger Handberg of 3630 Zanzibar Lane North. Mr. Handberg submitted an outline of his concerns and questions. Mr. Handberg asked the Planning Commission Minutes April 8, 1997 Page #87 following questions: 1. Has there been any changes in the designated land use guide for the plat being considered between January 1, 1995 and December 18, 1996? 2. When was this specific plat designated as Future Restricted Development? Why was this plat changed when the abutting undeveloped properties remained as Office Residential? Mr. Handberg commented that he looked at several properties in Plymouth that are designated Business Campus districts and every one of them have been constructed with excellent designs and usage to match the abutting properties plus they have multiple access to major or minor street connectors, plus controlled accesses at nearby arterials. 3. How has the City designated 36th Street and how does this meet the requirements of the City Code and Comprehensive Plan? 4. What is the anticipated average daily trips for this area and especially 36th Street in the Sugar Hills area? 5. How will this plan meet the pedestrian circulation requirements of the Comprehensive Plan? Mr. Handberg stated that he performed a brief study of the present traffic densities and speeds to understand the impact of access for the new development onto 36th Street at Zanzibar Lane. He stated that without some kind of traffic controls at the intersections of 36th Avenue with County Road 9 and/or Vicksburg Lane, he believed that the proposal would create a major public safety problem. 6. Has Plymouth considered other possible accesses such as a frontage road next to Highway 55 for this Site Plan? 7. Is there a conformance matrix available to look at? If not, when will there be one? 8. How does the site meet the requirements of Section 21002.02 of the Zoning Ordinance as is related to the first paragraph and items 1, 5, 6, and 9? 9. How will the Planning Commission address the potential adverse effect of the proposed amendment as defined in Section 21010.01, Subdivision 5? 10. How will the Commission address 21015.01 and the possible adverse affects of Section 21015.02, Subdivision 5, b, and c? 11. Has an environmental assessment worksheet or impact statement been initiated and or completed for this proposal? Mr. Handberg commented that since the neighbors are all owners of Outlot C, they are very concerned about the outcome of these evaluations. 12. Has the City defined the level of wetland for Outlot C and do the neighbors have to be concerned with any other wetlands on the abutting properties that they own? 13. The proposal seems to be in non-conformance with several of the requirements in Sections 21670.04 and 21670.05. Do these have to be resolved before approval of a Conditional Use Permit? 14. When will the City determine if it meets all the requirements of Section 21045.07, and will this evaluation be available to the public? 15. What is the plan to meet glare as referenced in Section 21105.06? Mr. Handberg stated that staff has already answered the question. 16. Why does the plan not seem to conform to Section 21105.11, Subdivision 2 a., b. and c.? 17. Why does the plan not seem to meet Section 21130.3, Subdivision l.b. or Section 21135.01 and 21135.05? 18. How was the number of parking spaces determined? 19. What assumptions were made to establish the number of loading spaces? 20. What is the signing plan? Mr. Handberg commented that staff has already answered the question. 21. What specific permitted use is it to be an accessory to? 22. Can staff identify the percentage of the total gross square footage and for what permitted use? 23. Can staff show how the percentage requirement is met with this proposal? Planning Commission Minutes April 8, 1997 Page #88 Mr. Handberg stated that the plan looks like more for industrial use than for Business Campus, and there seems to be numerous requirements that are not being met. He recommended that the Commission reject the Conditional Use Permit as presently submitted. Mr. Handberg suggested that the Commission reject the rezoning request as the application does not meet the Comprehensive Plan nor does it meet the requirements of the Business Campus District. Reject the application of the Preliminary Plat and Site Plan since the application is not in conformance with the Zoning Ordinance. Chairman Stulberg introduced Donald Butler of 3640 Black Oaks Lane. Mr. Butler stated that the residents have had a short amount of time to review the proposal, and that there seems to be a lot of unanswered questions. He stated that the residents would like more time to review the proposal. He stated his concern for the type of facility and the potential traffic hazards. Chairman Stulberg introduced Louis Cerulli of 3675 Black Oaks Lane. Mr. Cerulli stated that he is concerned with the traffic and the question of safety with no sidewalks. He commented that there has to be a better alternative. Mr. Cerulli stated that the aesthetics of the building look fine. Chairman Stulberg introduced Jackie Dailey of 3615 Zanzibar Lane North. Ms. Dailey declined to comment. Chairman Stulberg introduced Jack Dailey of 3615 Zanzibar Lane North. Mr. Dailey commented that it is already a traffic hazard on 36th Avenue and this proposal would make it a complete disaster. Chairman Stulberg introduced Terence Moriarity of 3630 Black Oaks Lane. Mr. Moriarity, stated that he is the President of Sugar Hills Homeowners Association. Mr. Moriarity stated that in a letter from the applicant, it referred to a neighborhood meeting. He stated that none of the townhome owners were present at that meeting. He stated that many of the residents didn't learn about the proposal until after that meeting. He stated that the residents don't object to the architecture of the building, but rather are concerned with traffic and safety. Mr. Moriarity stated that the residents did not know that the City acquired Outlot B to be used as an access for 36th Avenue. He commented that the original traffic study plan was based on two streets, one wider one and one residential. The City chose to change that by softening the curve and renamed the street to 36th Avenue. He stated according to Director Moore, the reason for the curves and changes in elevation is to deter speed. Mr. Moriarity commented that the change has not deterred the speed. Mr. Moriarity stated that at the time the traffic study was done, it didn't take into account this proposal. Mr. Moriarity stated that he has not seen a development sign for the proposal. He asked how the City can assure that the landscaping for the project is done accordingly to the Landscape Plan. Planning Commission Minutes April 8, 1997 Page #89 Chairman Stulberg introduced Carol Siefert of 3620 Black Oaks Lane North. Ms. Siefert stated that she has no particular issue with the architecture of the proposed buildings. She stated that safety and access are the main issues. Chairman Stulberg introduced John Seifert of 3620 Black Oaks Lane North. Mr. Siefert stated his concern is traffic and the access point of the proposal. Chairman Stulberg introduced Clark Tyler of 3600 Archer Lane. Mr. Tyler commented that when he purchased his home, he looked forward to the short walking distance to Cub Foods, Hennepin County Library, the theater and the fitness center. He said because of the high speed of traffic on 36th Avenue and Vickburg Lane, it makes it virtually impossible. He is concerned with the increased traffic that this proposal would bring. Chairman Stulberg introduced Elizabeth Wirig of 3635 Zanzibar Lane. Ms. Wirig stated that she is concerned with the rezoning from Future Restricted Development to Business Campus. She said that traffic and safety is what she is concerned with. She commented that she wouldn't see the proposed ponding and other landscaping from her home, as it is proposed to be along the Highway 55 side. Ms. Wirig stated that there has to be another way to handle the traffic. She suggested that access from Highway 55 be checked into further. She asked if the proposed buildings would be finished at one time. Ms. Wirig wanted to know if there will be any shift workers or trucks at night. She asked if the City has any ordinance pertaining to trucks. Chairman Stulberg introduced John Wirig of 3635 Zanzibar Lane North. Mr. Wirig stated his concern with an increase in traffic and the safety of adults and children that have to walk along 36th Avenue. Chairman Stulberg introduced Jill Wolpert of 3625 Zanzibar Lane North. Ms. Wolpert stated that the proposal does not meet the Conditional Use Permit standards. She stated that the proposal will endanger public safety. The traffic study indicated that it could handle this type of business, but 36th Avenue isn't even shown on the plan. She asked staff to comment on the existing study and the rejection of any further traffic study. She stated that the staff report referred to diminishing of property values. She commented that a warehouse would diminish property values. She stated her concern for communication to the residents. She said there was no evidence of a sign on the site, and that if there was a sign, it should have been posted on the 36th Avenue side, as it affects the residents. She requested further consideration be given for an alternative access to the site. Chairman Stulberg introduced Charles Prescott of 3660 Black Oaks Lane North. Mr. Prescott stated his concern is with the existing traffic, which is already bad. He asked if there would be any overnight truck parking. Mr. Prescott asked if the square footage allowed is cumulative or in each building. He asked how the City would police the warehousing/manufacturing percentage, and if they would give notice to the owner before going to the site. Planning Commission Minutes April 8, 1997 Page #90 Chairman Stulberg introduced Carl Fazio of 16015 - 36th Place North. Mr. Fazio stated that he was concerned with diminished property values. Mr. Fazio suggested that 36t' Avenue be cut in half with two dead ends streets to prohibit traffic going through. By doing so, it would provide more of a walking community. Chairman Stulberg introduced Joy Rude of 16035 - 36th Place North. Ms. Rude stated that there have already been major accidents on 36th Avenue and Vicksburg Lane. She stated that she is not opposed to the outside of the building, but her main concern is with the traffic it will generate. She stated that she would like consideration of a different access to the site. Chairman Stulberg introduced Andrew MacKenzie of 3665 Yuma Lane North. Mr. MacKenzie concurred with all issues brought up by the residents. He stated that the City needs to look at a better access solution, and a better definition and limitation of warehousing. He anticipates the proposal would cause a reduction in his property values. He commented that the developer should consider what will go on the top of the building since the neighbors will see it. Mr. Moriarty asked if any consideration has been given to using another parcel owned by the City along County Road 9 for access to the site. Chairman Stulberg introduced Jackie Brenner of 3665 Black Oaks Lane. Ms. Brenner stated her concern with safety. She stated that the possibility of increasing the number of buildings on the site would be hard to accept. She stated that the applicant shouldn't need 14 loading docks for the use they anticipate. She commented that a computer operation normally goes 24 hours per day. Chairman Stulberg closed the public hearing. Planner Lindahl stated that the majority of Mr. Handberg's questions were addressed in the staff report. She stated that the property was never zoned Office Residential (O -R), it has always been zoned Future Restricted Development (FRD). Planning Supervisor Senness stated that if a property was FRD prior to December 1996, it remained FRD after the new Zoning Ordinance took affect. Planner Lindahl commented that other properties currently zoned O -R were part of a PUD. Since the guiding of these parcels is commercial office, when the City eliminated the PUD in December, the commercially guided sites in the PUD were zoned O -R. They could also have been zoned B -C and been consistent with the plan. In response to specific questions raised by Mr. Handberg, Planner Lindahl stated that the Comprehensive Plan has a trail/sidewalk plan. This site does not have frontage along 36th Avenue, so it would be difficult to require a trail or sidewalk. The proposal does comply with the current comprehensive plan. Staff have considered other accesses to the site, but Planning Commission Minutes April 8, 1997 Page #91 Outlot B was designated to provide access to this particular site, which limits staff s ability to require the applicant to consider something else. Planner Lindahl stated that FRD is considered a holding zone until development is proposed, and B -C is compatible with the commercial guiding. An EAW is required only when the floor area exceeds 300,000 square feet. The proposal complies with all sections in the ordinance pertaining to wetlands, and DNR approval is required, and is a condition of approval. No outside storage is allowed, and is a condition of approval. Planning Supervisor Senness stated that overnight parking would be allowed in compliance with the screening requirements, so it would be possible. The City has a general nuisance ordinance and state noise requirements that would have to be complied with. Planner Lindahl stated that Building 2 does provide screening from the residential area, and screening is also provided for rooftop equipment. Pertaining to determination of parking spaces, you have to take the square footage of building, and take 10 percent off the top for hallways and wasted space. Then staff looked at office use of one parking space for each 250 square feet of floor area. Staff had to generalize, as there are no specific tenants. If it was all office space, 499 parking spaces would be required. Chairman Stulberg stated that with office use, you could be forcing more traffic into a difficult traffic situation. Planner Lindahl stated that the site is required to have minimum of six loading areas. The applicant has more than met that requirement. It is difficult to estimate the overhead doors that will be needed and some may be eliminated. Chairman Stulberg stated that six to 20 loading docks would be possible. Planner Lindahl concurred. Planner Lindahl stated that two signs are allowed per the Zoning Ordinance. No blinking or flashing signs are allowed. A monument sign can be up to 36 feet high. Planner Lindahl commented that a minimum of 67 percent would be permitted uses. Planner Lindahl stated that the plan of eight loading spaces complies with loading area requirements and accessory area. Pertaining to the staff report referring to a reduction in home values, Planner Lindahl explained that she was quoting the Conditional Use Permit standards. In reference to issues raised on notification of residents, Planner Lindahl explained that notices were sent to those residents within 500 feet of the subject property and a legal notice was published in the Plymouth Sun -Sailor. As a courtesy, the development sign was placed on this property. Planning Supervisor Senness commented that staff has had some trouble recently communicating with public works in the placement of the development signs, but they are trying to work through the issue. She admitted that the development sign was probably not in the best location for people to see. City Engineer Faulkner said that the City purchased the two lots near County Road 9 because of the wetland mitigation requirements for the County Road 9 project. Planner Lindahl stated that the Comprehensive Plan and the Land Use Guide Plan takes into account an entire area, but staff can only look at specific proposals by a particular land owner, and not properties that are under a separate ownership. Planning Commission Minutes April 8, 1997 Page #92 Planner Lindahl stated that the a traffic study is done when guiding is changed, and this proposal is consistent with the Comprehensive Plan, therefore no traffic study is required. This was guided as limited business and office uses were taken into account with the last study. Chairman Stulberg asked if Building One had a permitted use, and they could fit the entire 33 percent warehouse use in that building, would it be allowed. Planner Lindahl replied affirmatively, if square footage worked out. The City would monitor the percentage through the tenant finishes, as it is constructed. An inspection is not necessarily announced, but staff does need permission to go into the facility. An inspection may or may not be scheduled in advance. Mr. Moen stated that they intend on building one building at a time. The project should be completed by mid -summer. He stated that he doesn't foresee any shift work, but couldn't guarantee that there would not be any. He stated that the project alludes to more showroom uses. He said that they have looked at using 15 -foot clear ceilings, but it is hard to obtain financing. With the proposed buildings, it has a number of constraints would not allow traditional warehousing. The more office use you have, the more traffic it generates. Pertaining to whether they could add another building, Planner Lindahl stated that they couldn't fit another building on the site because of the wetlands. City Engineer Faulkner stated that the PUD was approved in 1992, and the developer suggested 36th Avenue to perform a minor type collector function. The City required the developer to dedicate Outlot B to the City. The City purchased and created three acres of wetland mitigation for the County Road 9 project. He said that the City is looking at 36th Avenue and Vicksburg Lane pertaining to the number of accident reports. The City will probably need to monitor the accesses off of 36th Avenue and County Road 9 for future warrants. City Engineer Faulkner stated that with the other O -R site, there may be some opportunity to look at other possibilities. With the development of the O -R site, it could be a possibility to dead-end 36th Avenue, but then you would force traffic out through Yuma Lane. By doing that, there would be cul-de-sac and fire lane issues. The O -R property could be a chance to require a sidewalk when it comes forward for development. All plans go through the Development Review Committee process, in which all City departments are involved to ensure that proposed developments meet all the safety requirements. City Engineer Faulkner stated that streets are designed a little wider for bikers and pedestrians to be on the side. Planning Supervisor Senness stated that there really isn't any property in this proposal to dedicate for a sidewalk since they are getting their access through an outlot. Mr. Moen presented the Landscape Plan. Planner Lindahl commented that the City requires a Site Improvement Performance Agreement to ensure that the landscaping is Planning Commission Minutes April 8, 1997 Page #93 done. Planning Supervisor Senness stated that a letter of credit will also cover erosion control. Mr. Moen apologized for his narrative in the staff report, indicating that he had mixed up the dates that they met with residents. He commented that this proposal has the lowest impact on traffic. Commissioner Koehnen asked if the developer were planning to eliminate the berm that is indicated on the plan. Chairman Stulberg replied that since it currently shows on the plan, the developer would have to come back to the Commission with a Site Plan Amendment if they decided not to do the bermining, or couldn't get an easement from the homeowners. Commissioner Koehnen asked if the Commission can address the school bus stop concern, and if staff could address the reference to accessory use and the percentage. Planner Lindahl replied that the school bus stop issue would have to be taken up with the school district. Planning Supervisor Senness stated that the 30 percent in Mr. Handberg's letter was referring to accessory uses, which are permitted uses. Accessory use in this case is conditional, and there is not a stated percentage associated with that. The steps are outlined in the staff report as to how staff came to the conclusion. Commissioner Ribbe commented that most of the residents are worried about traffic and safety, and wondered if there could be a way to construct an exit to enable traffic to go across those tiny City owned parcels, or to construct an interior road to the project. Mr. Moen replied that the outlots are all water. There isn't anything out there but wetland, and a bridge would cost more than the proposed buildings. Planning Supervisor Senness stated the other issue would be how to get to it. The wetland precludes how to get to it even if you could have access. Commissioner Berkowitz asked if staff received a clarification of the possibility of potential access to Highway 55. Planner Lindahl replied that staff did not submit this proposal to MnDot for access to Highway 55. City Engineer Faulkner stated that the question has been asked on previous proposals along Highway 55, and the answer has been no. MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending approval of the Rezoning from FRD (Future Restricted Development) to B -C (Business Campus) and Findings of Fact for Rezoning of property located south of 36th Avenue, north of Highway 55, and east of Dunkirk Lane. Commissioner Koehnen stated her reason for approval is that the application complies with the Comprehensive Plan. Commissioner Berkowitz commented that the zoning is appropriate for the site. He stated that he sympathizes with the residents concerns about vehicle and pedestrian traffic, but the greater impact will be from Cub Foods and the Planning Commission Minutes April 8, 1997 Page #94 fitness center, and not necessarily with this application. He encouraged the residents to talk to the City regarding this issue. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Ribbe voted Nay.) MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending approval of a Preliminary Plat and Site Plan for Moen Leuer Construction for property located north of Highway 55, south of 36th Avenue, and east of Dunkirk Lane. Commissioner Ribbe voiced his frustration that there are no answers for the traffic issues. He stated that he can't accept that 36th Avenue is a safe and logical thoroughfare for traffic. Commissioner Stoebner stated that the rezoning is appropriate, but access is a problem. Commissioner Berkowitz asked if the Engineering Department looked at installing stop signs, although he acknowledged that 400 cars per day probably wouldn't warrant one. MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Ribbe to add a condition to the approving resolution requiring a four-way stop at Zanzibar Lane and 36th Avenue. Chairman Stulberg stated he would prefer recommending that the City Council order a traffic study. He believes that the rezoning is appropriate, and the Conditional Use Permit is in order. Commissioner Koehnen stated her preference for a traffic study, and therefore, would not support the amendment requiring a four-way stop. Roll Call Vote on MOTION to Amend. 2 Ayes. MOTION failed on a 2-3 Vote. Commissioners Stoebner, Koehnen and Chairman Stulberg voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending tabling the application to request that the City Council order a traffic study and bring the findings back to the Planning Commission. Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending tabling the Conditional Use Permit application. Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg directed staff to notify anyone that submitted a blue card when the application is scheduled to come back to the Planning Commission. Chairman Stulberg called a recess at 11:40 p.m., and reconvened the meeting at 11:45 p.m. Planning Commission Minutes April 8, 1997 Page #95 D. CARLSON REAL ESTATE & MANN THEATRES (97033) Chairman Stulberg introduced the request by Carlson Real Estate & Mann Theatres for a Site Plan for a retail development and a 12 -screen theater, Conditional Use Permit to allow two principal structures on one lot and a Variance for lot coverage for property located on the northeast corner of Vicksburg Lane and Highway 55. Planning Supervisor Senness gave an overview of the April 4, 1997 staff report. Chairman Stulberg introduced Jim Gruepner, representing the petitioner. Mr. Guepner stated that he concurs with the staff report and is available to answer any questions. Chairman Stulberg introduced Brad Lis, of Carlson Real Estate. Mr. Lis asked staff to consider an amendment to Condition #14 of the approving resolution, as they don't know if they can get the easements recorded by the time they need to apply for a building permit. Planning Supervisor Senness agreed that staff could take a look at other possible options. With that, Mr. Lis stated that he concurs with the staff report. Mr. Gruepner stated that they would like to begin operation by Thanksgiving. Chairman Stulberg introduced Kathy Anderson, of FFE Architects. Ms. Anderson presented pictures of the proposed project. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Bob Guth of 2925 Holly Lane. Mr. Guth stated that he is in favor of the project. Chairman Stulberg introduced Bill Cavanaugh of 2015 N. Aquila Avenue. Mr. Cavanaugh stated that he is in favor of the project, but still questions the legal title to the site. Chairman Stulberg introduced Joe Damagala of 17705 County Road 24. Mr. Damagala stated that he approves of the project, but is concerned with traffic issues. He stated that the City needs to keep development of the "downtown" going, but they should install traffic lights as needed. He stated that the standards of City Center" need to be maintained and the City should require painting of galvanized things on the rooftops. Chairman Stulberg commented that rooftop equipment is required to be screened. Chairman Stulberg closed the public hearing. MOTION by Commissioner Berkowitz, seconded by Commissioner Ribbe recommending approval of a Site Plan, Conditional Use Permit, and Variances for Carlson Real Estate and Mann Theaters for property located at the northeast corner of Vicksburg Lane and Highway 55 Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. Planning Commission Minutes April 8, 1997 Page #96 Commissioner Berkowitz stated that he would not be able to attend the April 22 Planning Commission meeting. MOTION by Commissioner Stoebner, seconded by Commissioner Ribbe to adjourn the meeting. Vote. 5 Ayes. The meeting was adjourned at 12:07 a.m.