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HomeMy WebLinkAboutPlanning Commission Minutes 04-22-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES APRIL 22, 1997 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Allen Ribbe, Bob Stein, Jeff Thompson, and Kim Koehnen MEMBERS ABSENT: Commissioner Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners Shawn Drill, and John Rask, 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 Commissioner Ribbe recommending approval of the April 8, 1997 Planning Commission Minutes. Vote. 3 Ayes. Commissioners Thompson and Stein abstained.) 5. CONSENT AGENDA: A. JAMES R. MCCLEARY. (95015) Site Plan Amendment to construct a 320 -foot long, 16 to 20 -foot high noise wall on the west side of the Ameridata site located at 10200 -51st Avenue North. Planning Supervisor gave a brief overview of the revised staff report and resolution. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for James McCleary for property located at 10200- 51St Avenue North. Vote. 6 Ayes. MOTION carried on a unanimous vote. Planning Commission Minutes April 22, 1997 Page #98 6. PUBLIC HEARINGS: A. PATRICK BUSCH (97021) Chairman Stulberg introduced the request by Patrick Busch for a Conditional Use Permit and Variance to build a single family dwelling on a lot with no frontage on a public road for property located south of Highway 55, east of Brockton Lane, and north of Medina Road. Planner Rask gave an overview of the April 17, 1997 staff report. He presented a revised resolution noting that Condition #5 was deleted due to the fact that a drainage easement is not needed at this time. When and if the property is subdivided, the owner would need to provide the appropriate drainage and utility easements at that time. Chairman Stulberg introduced Patrick Busch, the petitioner. Mr. Busch stated that the reason he chose this property was because of its proximity to his business, and its proximity to the wooded part of the land. 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 a Conditional Use Permit and Variance for Patrick Busch for property located north of Medina Road and east of Brockton Lane. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. B. KENNETH STREETER/TCF FINANCIAL CORPORATION (97027) Chairman Stulberg introduced the request by Kenneth Streeter/TCF Financial Corporation for a Site Plan to construct a 4,856 square foot TCF Bank and Variances from the 20 -foot minimum front yard setback, the 20 percent lot coverage minimum and for two signs on one lot for property located north of Highway 55, and south of 34th Avenue and Plymouth Boulevard. Planning Supervisor Senness gave an overview of the April 18, 1997 staff report. Planning Supervisor Senness stated that the applicant has agreed to one free-standing sign and one directional sign for the site, consistent with requirements in the Zoning Ordinance. She suggested that the Commission may want to add a condition requiring the applicant to submit a new sign plan that is consistent with the Zoning Ordinance before the item goes to City Council. Chairman Stulberg introduced Ken Streeter, the petitioner. Planning Commission Minutes April 22, 1997 Page #99 Mr. Streeter explained that their reason for the second (monument) sign is because of the topography and the difficulty it would cause in seeing the building. He stated that he is in agreement with the directional sign as suggested by staff. Mr. Streeter 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 Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan and Variances for building coverage and building setback for Kenneth Streeter and TCF Financial Corporation for property located north of Highway 55 and south of 34th Avenue and Plymouth Boulevard. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen recommending a new Condition #5 in the approving resolution requiring the applicant to submit a new sign plan consistent with the Zoning Ordinance for one freestanding sign and one directional sign. Commissioner Stein asked if the directional sign would replace the applicant's request for a monument sign. Planning Supervisor Senness replied affirmatively. 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. C. TOBIN REAL ESTATE (97028) Chairman Stulberg introduced the request by Tobin Real Estate for a Preliminary Plat to replat Lot 1, Block 1, West Suburban Health Campus together with vacated old right-of- way into three lots for property located at the northeast corner of Highway 55 and I-494. Planner Drill gave an overview of the April 17, 1997 staff report. Commissioner Ribbe asked about the reasoning behind the request. Planner Drill replied that it primarily has to do with the requirements of the lending institutions for the Phase I and Phase II buildings. Commissioner Thompson noted that regardless of the reason, it does comply. Planner Drill replied affirmatively. Planning Supervisor Senness stated that this platting request is similar to the LifeTime Fitness and the Ice Arena situation. Chairman Stulberg opened and closed the public hearing as there was no one present to speak. Planning Commission Minutes April 22, 1997 Page #100 MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending approval of a Preliminary Plat for Tobin Real Estate Company for property located at the northeast corner of Highway 55 and I-494. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. 8. NEW BUSINESS: A. KRIS BRANSFORD Director Hurlburt gave an overview of the April 18, 1997 staff report. Director Hurlburt stated that State law requires the zoning to be in compliance with the Comprehensive Plan by the end of 1998. Chairman Stulberg asked if any applications have been brought forward to the Planning Commission on the affected parcel since 1988. Director Hurlburt replied negatively. An informal meeting was held by staff recently, but there has not been an application. Chairman Stulberg asked if a PUD designation is allowed in LA -2. Director Hurlburt replied that the current PUD designation allowing commercial use of the property is not consistent with the LA -2 guiding. A PUD can be in any zoning classification, but it needs to be in compliance with the Comprehensive Plan. Commissioner Thompson asked if there was a problem with the parcel that is designated LA -4 within the PUD, since it has not been developed. Director Hurlburt replied that the City received an application last Friday for that property. Commissioner Ribbe asked if any action was taken by the City Council on this property between 1988 and 1993. Director Hurlburt responded negatively. In March, 1993, the City Council approved a Concept Plan which consisted of a combination of residential, commercial, industrial and park uses. Commissioner Thompson asked if the site would meet the Metropolitan Livable Communities Act if it remained LA -2 guiding and was rezoned to RSF-3 or RSF-4. Director Hurlburt answered that if the site was rezoned to RSF-3 it would comply, but RSF-4 would not. She explained that for detached housing, the Metropolitan Livable Communities Act encourages two units per acre for unattached housing and 10 units per acre for attached housing. Under LA -2 guiding, attached housing is not possible to meet that density goal. Planning Supervisor Senness added that there are numbers attached to this particular development pertaining to density. Director Hurlburt commented that if the Commission decides to schedule a public hearing, staff would need to look at the numbers of the entire PUD to ascertain if there is adequate Planning Commission Minutes April 22, 1997 Page #101 sewer for any change in zoning. There could be some constraints on the sewer flow depending on the number of homes. Chairman Stulberg introduced Kris Bransford of 16085 -21st Avenue North. Ms. Bransford submitted a petition with 329 signatures opposing commercial development at the southeast corner of Vicksburg Lane and 22"d Avenue. Jim Chiles of 16120 -21st Avenue North stated that the PUD is not in accordance with the City's Comprehensive Plan. He stated that the residents are concerned with increased traffic, public safety, noise, and lighting spill. Mr. Chiles commented that the original PUD adopted in 1977 was for residential. Mr. Chiles stated that commercial development does not fit with the surrounding character of the neighborhood and causes public safety problems. Mr. Chiles urged the Commission to consider rezoning of the property to be brought in conformance with the LA -2 guiding. He stated that he is opposed to anything higher than LA -2 guiding. He commented that not all residenctial areas in Plymouth have berms and cited Maple Creek development as an example. He suggested that there are other options for berming such as a noise wall. Chan Handberg of 16090 - 21st Avenue stated that commercial development does not fit with the surrounding character. He commented that most commercial sites are not surrounded by residential. Mr. Handberg stated that the residents already have several commercial sites with services available to them within a one mile radius. He commented that it doesn't make sense to promote "downtown" Plymouth and then put a commercial site within close proximity. Mr. Handberg is concerned about the additional traffic that will be created and a potential loitering problem. Ken Ferguson of 2195 Weston Lane stated his concern for the safety of the children in the area. He stated that the children will be at a greater risk since Oakwood Elementary has changed its starting time to pick up children at 7:30 a.m. Mr. Ferguson stated that they have 232 total students that ride buses, and their neighborhood has 1.5 school children per house versus the City average of one school-age child per every two households. Mr. Ferguson commented that Vicksburg Lane has no left -turn lane, which would not be suitable for a commercial site. Mr. Ferguson stated that the commercial site at Highway 101 and County Road 6 has experienced many problems with loitering. Ms. Bransford stated that the residents are requesting that the Planning Commission consider rezoning to be consistent with the Land Use Guide Plan for LA -2. She asked that the residents be kept informed of procedures and asked what would happen next. Chairman Stulberg noted that if a public hearing is scheduled, property owners within 500 feet of the site would be notified and a legal notice would be published in the Plymouth Sun -Sailor. Planning Commission Minutes April 22, 1997 Page #102 Kay Marie Colaizy of the Minneapolis Community Development Agency, representing the property owner, stated that the appraised value is higher for commercial versus residential. Ms. Colaizy referred to a letter dated August 29, 1997 from their attorney Bruce Malkerson and stated that their position has not changed. She stated that a decision was made and reaffirmed by the City Council for the site to be commercial, and sees no reason to rezone it. Ms. Colaizy stated that the City of Minneapolis has paid taxes and assessments and invested substantially in the infrastructure. Ms. Colaizy stated that if any change is made, it should be to reclassify the site from LA -2 to Commercial. Commissioners Thompson and Stoebner submitted an e-mail message from Patrice Thaler on April 22, 1997 stating her opposition to the proposed commercial development. Pat Hallisey of 4065 Quantico Lane stated that he has a purchase agreement with the City of Minneapolis to buy and develop the site. He has not submitted a formal application yet, but is working diligently to conform to the ordinance, so an application can be submitted. Mr. Hallisey stated that at the time the Zoning Ordinance went to City Council for approval, he asked how the change would affect the property. He was assured at that point in time that there was no change in the City's thinking in what was approved in 1988. Mr. Hallisey stated that he lives near an Amoco station and believes that residential and commercial can co -exist, and does not adversely affect property values. Mr. Hallisey said that if the status is changed, it should be commercial. Anders Myhran of 2145B Shenandoah Court North stated that the prospect of the site being developed as commercial has already had an adverse affect on his property value. He said that his townhome was on the market and had two offers fall through because of hearing that the site may be developed commercial. Chairman Stulberg asked when he built his home. Mr. Myhran replied in 1992. Chairman Stulberg commented that the intention of the site has not changed since Mr. Myhran purchased his home. Barry Winston of 16005 - 26th Avenue North stated that he attended the City Council meeting in 1988 and asked why commercial development is being proposed and never got a good answer. He commented that the only answer he ever received was that older people needed a place close enough to walk to for shopping. Tom Hagen of 2405 Black Oaks Lane stated that there is currently enough retail shopping in the area. Retail development exists to serve the residents and most of the residents do not want it. He stated that there is already a traffic flow issue between Dunkirk Lane and Vicksburg Lane and additional retail will increase the traffic flow. He commented that Mr. Malkerson's letter seemed like a threat to the City, and that it should not deter the City from doing anything. Planning Commission Minutes April 22, 1997 Page #103 Chairman Stulberg stated that City staff and consultants decide how to address traffic flow issues. He assured Mr. Hagen that the Commission does not consider Mr. Malkerson's letter a threat. He commented that if the City is taken to court, we, as residents pay for it. Dick Bergquist of 2185D Shenandoah Court stated that a commercial site brings a lot of traffic and noise to the area He tried to find out what was going in before he purchased his home, but was told no application had been submitted for the site. Lousie Wahl of 16015 -26th Avenue North stated that all the dollars in the world are not worth the lives of children. Ms. Wahl commented that it is a residential area and commercial does not fit. Teresa Kedzuf of 16110-22"d Place North did not think it was necessary to have another gas station in the area. She stated that it is a major residential area and commercial does not fit. Ed Smith of 2235 Xene Lane North stated that there are plenty of high density homes in the Laukka development already. There is no need to put commercial or high density on the site. He suggested that the City consider a park for the site. Kris Bransford stated that the residents are only requesting rezoning to be consistent with the Land Use Guide Plan LA -2 because the PUD is not in accordance with the City's Comprehensive Plan; commercial development does not fit with the surrounding character of the neighborhood; and, safety concerns. Commissioner Ribbe commented that it is refreshing that citizens express feelings in advance of a particular proposal. He stated that he appreciates the opportunity to think ahead about a proposal. Commissioner Koehnen stated that it would be appropriate to schedule a public hearing. Commissioner Thompson agreed with Commissioner Ribbe that citizens should be proactive. The rezoning or reguiding has to be done according to State Law. He stated his preference for acting on the request, and that a pubic hearing would be appropriate. MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending a public hearing be held amending the Land Use Guide Plan to LA -3 and for staff to recommend a specific zoning. Chairman Stulberg stated that he would have a problem with the motion because you can't notice that. He said that you need to take action to reguide and rezone to something specific. Director Hurlburt commented that a legal notice can be published reguiding to LA -3 and rezoning to RMF -3 or RMF -4, or other options. Planning Commission Minutes April 22, 1997 Page #104 Substitute MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to schedule a public hearing to amend the Land Use Guide Plan from LA -2 to LA -3 and consider rezoning of RMF -2 or RMF -3. Commissioner Ribbe stated the issue is the character of an existing residential neighborhood. He commented that there is too much placement of commercial next to residential areas. Commissioner Stein said that additional study of the area is needed. Chairman Stulberg commented that he will not support the motion, as he would prefer to look at the commercial as it is, and vote it up or down, and then move on and decide what else it should be. Roll Call Vote. 5 Ayes. Substitute MOTION carried on a 5-1 Vote. (Chairman Stulberg voted nay.) Director Hurlburt asked if there is a date preference for scheduling the public hearing. Commissioner Thompson answered a hearing should be scheduled after staff has had an opportunity for analyzing the site and suggesting appropriate zoning options. Director Hurlburt stated that a notice will go to all property owners within 500 feet of the site informing them of the public hearing. A legal notice will be published in the Plymouth Sun -Sailor and a development sign will be placed on the site. Chairman Stulberg commented that Ms. Bransford should be kept updated on the issue. Commissioner Koehnen asked what would happen if an application for the site and public hearing comes before the Planning Commission before this issue comes back to the Planning Commission. Director Hurlburt explained that this issue does not prevent anyone from making an application for development. The City has 60 days to act on an application, with an option of an additional 60 days. The timing begins when staff receives a complete application. OTHER BUSINESS: Commissioner Ribbe stated that the Park and Recreation Advisory Committee watched a video on skateboarding at their last meeting. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to adjourn. Vote. 6 Ayes. The meeting was adjourned at 8:59 p.m.