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HomeMy WebLinkAboutPlanning Commission Minutes 08-12-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES AUGUST 12, 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe, Bob Stein, Roger Berkowitz, Kim Koehnen, John Stoebner, and Jeff Thompson MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Kendra Lindahl, Shawn Drill, and John Rask, Public Safety Director Craig Gerdes, Public Safety Education Specialist Sara Cwayna, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: Lynn Markey of 230 Quaker Lane asked if there are any plans for the Brown's Market site. Director Hurlburt replied that there are plans in the development stage for the property directly east of the site. Mr. Markey requested to be notified of any development plans for the property. Director Hurlburt asked Mr. Markey to leave his name and address with staff to be notified. 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Ribbe, seconded by Chairman Stulberg to approve the July 22, 1997 minutes. Vote. 7 Ayes. MOTION approved unanimously. 5. CONSENT AGENDA: No items. 6. NEW BUSINESS: A. PRESENTATION BY PUBLIC SAFETY DEPARTMENT Public Safety Director Gerdes gave a presentation on Plymouth Police statistics. He stated Plymouth Police compile statistics by grouping calls for service into several classifications: Crimes (Part I and II), Traffic, and Non -criminal services (Parts III, IV Planning Commission Minutes August 12, 1997 Page #175 and V). Director Gerdes presented statistics for the years 1993 to 1996 for each of the categories. Director Gerdes explained that beginning in 1998 with the new computer technology changes the City will be able to provide crime statistics by map grid, individual addresses or GIS selected areas. Public Education Specialist Sara Cwayna gave a presentation on the Crime Free Multi Housing Program. The program is sponsored through law enforcement agencies using national program standards. It is a voluntary program for rental properties. The Crime Free Multi Housing program consists of three phases: management training, crime prevention though environmental design, and resident training. Once a manager or owner completes all three phases, they are certified. The public safety department also facilitates the Neighborhood Watch Program, McGruff House Program, Plymouth Apartment Managers Association, National Night Out, and Prevention Workshops. Commissioner Ribbe asked what type of items are typically in a lease addendum. Public Safety Education Specialist Cwayna replied the lease addendum lists eight criminal behaviors that are held up in courts on convictions. An example would be excessive noise. 7. PUBLIC HEARINGS: A. HOLIDAY STATIONSTORES, INC. (97071) Chairman Stulberg introduced the request by Holiday Stationstores, Inc. for a Site Plan and Conditional Use Permit to construct a Holiday Stationstore at the northwest corner of Highway 169 and Betty Crocker Drive. Chairman Stulberg commented that he would be abstaining from the item as he has a conflict of interest. Planner Lindahl gave an overview of the August 8, 1997 staff report. Planner Lindahl presented a revised resolution with a change to Condition #7 indicating that no cross easement is required for parking. Planner Lindahl presented the lighting plan indicating the .5 foot candle contour. Chairman Stulberg introduced Mark Nelson, the petitioner. Mr. Nelson, manager of real estate for Holiday Companies introduced Dave Hoeschen, director of real estate and Craig Freeman, the property owner. Mr. Nelson stated that they are proud of the building that is being proposed. It has a residential feel even though it's a commercial building. The building will consist of columns and pillars with recessed block. Commissioner Stein asked where the Holiday sign would be on the building. Mr. Nelson indicated on the Site Plan that the word "Holiday" would be just below the roof line. Planning Commission Minutes August 12, 1997 Page #176 Chairman Stulberg opened the public hearing. Chairman Stulberg presented a petition received on August 12, 1997 with 178 signatures opposing the proposal due to traffic congestion, noise, intrusive effects of lights, air quality, undue adverse effect on the environment and water tables, and possible negative impact on property values. Chairman Stulberg introduced a letter dated August 12, 1997 from Welsh Companies. Welsh Companies manages Willow Creek Plaza and stated their concern with the proposal due to security for a 24-hour operation and traffic with an uncontrolled intersection. The letter also stated they were interested in making certain the trees located along their east property line remain. Chairman Stulberg introduced Susan Davies of 310 Ford Road South #4. Ms. Davies stated that the proposal would increase traffic and refuse. She stated that traffic and trash has been a problem since the theater was built. She asked why the store would have to be open 24 hours. She commented that the Commission should consider the proposal for the negative impact rather than a tax base issue. Chairman Stulberg introduced Jean Dunn of 491 Shelard Parkway. Ms. Dunn stated her concern with personal safety. She commented that traffic has increased in the past several years. There are already stations within one mile, so the residents don't need another facility. She suggested that the Commissioners visit the site before making a recommendation. Chairman Stulberg stated that all Commissioners visit the sites before the item goes to the Planning Commission. Chairman Stulberg introduced Sandra Huber of 330 Ford Road #8. Ms. Huber had left the meeting. Chairman Stulberg introduced Barbara Fishman of 340 Ford Road. Ms. Fishman stated the area is unsafe already with heavy traffic and bad air quality. The water table is already a problem. She asked why the store had to operate 24 -hours a day. She stated the business would be detrimental to the safety of the residents. Chairman Stulberg introduced Phyllis Gubernan of 35 Nathan Lane North. Ms. Gubernan commented that she had just found out about the proposal when she stopped at a nearby convenience store and saw the petition. She stated that they do not need a convenience store, as there is already too much traffic in the area with the theater. She commented that at least the movie theater closes at night. Ms. Gubernan stated that the Commissioners do not live in the area, and asked them to consider what it would be like to live next to a commercial area. Chairman Stulberg introduced Pam Larson of 385 Shelard Parkway #104. Ms. Larson asked about the underground storage of gas, and how it would affect the neighborhood if there was a leak. She commented that the City of St. Louis Park has had to replace the Planning Commission Minutes August 12, 1997 Page #177 water mains because of chemicals in the ground eating away at the pipes. Ms. Larson stated that there have been 11 known accidents in the area in the last year, and the area needs to have stop signs or a stop light. Ms. Larson said they don't need another convenience store in the area. She stated she is concerned about the floodplain. Ms. Larson asked why there are no sidewalks since the Holiday store is supposed to be for the neighborhood. Chairman Stulberg introduced Chad Sylwester of 300 Ford Road #1. Mr. Sylwester stated his concern about traffic and how the proposal would affected the wildlife in the area. He commented that the trees in the southwest corner should be required instead of just a recommendation. Chairman Stulberg introduced Fred Webb of 310 Ford Road #5. Mr. Webb concurred with comments already made. Chairman Stulberg introduced Shirley Winlaw of 340 Ford Road #4. Ms. Winlaw stated that she wants the application denied. She said that the area is high residential and the intersection is already too dangerous. Chairman Stulberg introduced David Evans of 350 Ford Road #2. Mr. Evans stated he is opposed to the project and concurred with the previous comments. He said he is concerned with lights and traffic. Chairman Stulberg introduced Sharon Gunther of 340 Ford Road #3. Ms. Gunther stated that she was in favor of the proposal but would like to see a four way stop or stop light. She stated that the area also needs a pharmacy or drug store. Ms. Gubernan asked if it would do any good to obtain more signatures opposing the proposal. She asked if the proposal is already a done deal. Chairman Stulberg explained that the role of the Commission is to make a decision based on the Zoning Ordinance. He commented that the item would still need to go the City Council for approval or denial. Chairman Stulberg closed the public hearing. Planner Lindahl said that a traffic signal has been planned and approved with the cost to be spilt between the cities of St. Louis Park and Plymouth. She commented that as part of this approval, the developer would be responsible for a portion of the cost of the intersection signalization at Betty Crocker Drive and the entrance to the site. City Engineer Faulkner stated that the City of St. Louis Park had plans for approval, but were unable to gain right-of-way from a property in St. Louis Park, so they didn't proceed. He said that a traffic signal is warranted now for the intersection. City Engineer Faulkner stated that public stop signs have a warning that westbound traffic does not stop, but that Planning Commission Minutes August 12, 1997 Page #178 maybe the private access drive signs should also have that warning. Director Hurlburt concurred and stated that maybe staff can follow up with the owner. Director Hurlburt commented that the City of Plymouth will initiate a conversation with St. Louis Park regarding the traffic signal. City Engineer Faulkner stated that he knows that St. Louis Park is replacing water mains, but does not know how critical the situation is. He is not aware of any problems with the proposal, and the Pollution Control Agency monitors the underground gas tanks. Mr. Hoeschen explained that the tanks are self-contained tanks, that have a dual wall system with a space between the walls containing a monitoring system. He explained that any gas that leaks would fall into a catch basin. He said that gas leaks usually take place in couplings, and their double wall system does not use couplings. Each dispenser is monitoring the pressure with an automatic shut-off. The tanks are steel with fiberglass coating. Mr. Hoeschen stated that the traffic and population of the geographic area warrants a store. Planner Lindahl said that the City publishes notices of proposals in the Plymouth Sun - Sailor and mails notices to property owners within 500 feet. Director Hurlburt said that the site did not have a development sign, as the City is short of signs, and the signs are placed on properties that have Rezonings or Comprehensive Plan Amendments first. She added that the City is in the process of acquiring new signs. Planner Lindahl explained that the application was received by the City in May, and reviewed by a representative of each department including the Public Safety Department. She stated that there is no sidewalk planned for the area, and that she does not know what St. Louis Park has in mind for the south side of Betty Crocker Drive. Chairman Stulberg stated that tax base is not an issue for the Planning Commission. He said that a property owner can bring forth an application and the Commission looks at whether it meets zoning requirements. Commissioner Ribbe asked if there was any room for compromise on the hours of operation. Mr. Hoeschen explained that part of the attraction to the site is that there is no competition for 24-hour service. He said that due to the location near the intersection they want to operate 24 hours a day. Commissioner Koehnen commented that one of the conditions listed in the approving resolution addresses collection of litter on a daily basis. Planning Commission Minutes August 12, 1997 Page #179 Planner Lindahl said that the proposal complies with the wetland ordinance, and the majority of the site will remain as undisturbed wetland. MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of a Site Plan and Conditional Use Permit for Holiday Stationstores, Inc. for a 24-hour convenience grocery market with motor fuel sales located at the northeast quadrant of Highway 169 and Betty Crocker Drive. Commissioner Thompson stated that 30 to 40 percent of his daily work is dealing with legal issues on leaking storage tanks. He stated that the environmental concerns are worthy of note, but this is a new facility and the equipment is up to standards. He commented that a condition in the approving resolution requires that trash must be picked up at least once a day. Commissioner Thompson stated that there are no grounds to deny the Conditional Use Permit. Commissioner Ribbe stated his concern that the traffic light issue is in the hands of another city, and that Plymouth doesn't have control over it. He commented that the Commission can't do anything about the traffic signal unless the Commission would delay approval of the application until a traffic signal is installed. City Engineer Faulkner stated that he has not talked to the City of St. Louis Park about the traffic signal, but will contact them. Director Hurlburt stated that the gas station does not create the need for the signal. She suggested that the residents of St. Louis Park should contact their councilmembers with traffic concerns. Commissioner Thompson concurred. Commissioner Stein stated his concern for the store being open 24 hours a day. He said that it should support the neighborhood, and the residents don't want it open 24 hours a day. MOTION to Amend by Commissioner Stein, seconded by Commissioner Ribbe to limit the hours of operation from 6:00 a. m. to 11:00 p.m. Commissioner Thompson said he would vote against the amendment as the 24 hours is available under a Conditional Use Permit and does not see any reason to deny it that would hold up in court. He said that they have not heard testimony that a 24 hour operation would endanger the health and safety of the residents. Commissioner Berkowitz stated he would vote against the amendment, as the site is different since it is located near a major highway intersection. Commissioner Koehnen stated her appreciation for the testimony, but said that the Commission is limited to the standards. She said that a lot of the issues raised have to do with the existing site, not because of this plan. Planning Commission Minutes August 12, 1997 Page #180 Roll Call Vote on MOTION to Amend. 2 Ayes. MOTION failed on a 2-4 Vote. Commissioners Stoebner, Koehnen, Thompson and Berkowitz voted Nay. Chairman Stulberg abstained.) Roll Call Vote on Main MOTION. 5 Ayes. MOTION carried on a 5-1 Vote. Commissioner Ribbe voted Nay. Chairman Stulberg abstained.) B. LITTLE ACORN'S PRESCHOOL, INC. (97102) Chairman Stulberg introduced the request by Little Acorn's Preschool, Inc. for a Conditional Use Permit to operate a daycare facility in the Plymouth Creek Christian Church, 16000 41st Avenue North. Planner Lindahl gave an overview of the August 6, 1997 staff report. Planner Lindahl noted that an afternoon class may be added in the second year of operation. The hours of the preschool would coincide with Wayzata's school hours. Commissioner Berkowitz questioned why a Variance was needed for a five foot fence at another daycare. Chairman Stulberg commented that it was due to the roadway system. Commissioner Thompson noted that there are certain state requirements for fencing. Director Hurlburt stated that a four, five or six foot fence would fit within the Zoning Ordinance standards. Chairman Stulberg introduced Rhonda Doyle, the petitioner. Ms. Doyle stated her concurrence with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Jerry Hagberg of 4100 Xene Lane North. Mr. Hagberg stated that there is currently a drainage problem with the water run off from the site onto his property. He has already talked with the Engineering Department regarding the issue. Mr. Hagberg asked where the fence would be on the property. Planner Lindahl noted the fenced area on the plan. Director Hurlburt stated the fenced area would be on the north side of the building facing Rockford Road. Mr. Hagberg asked the distance of the fenced area is from the residents. He stated that a six-foot privacy fence would be better instead of four -foot chain link fence. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated that he can work with the church on the drainage issue to resolve the problem. He added that he will keep Mr. Hagberg informed of the progress. Ms. Doyle commented that she did look at other fencing, such as a picket fence, but it was not economically feasible. Planning Commission Minutes August 12, 1997 Page #181 Director Hurlburt stated that the fence would be approximately 200 feet from the residential area. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Conditional Use Permit Amendment for Rhonda Doyle for operation of Little Acorn's Preschool at Plymouth Creek Christian Church at 16000 41st Avenue North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg called a recess at 8:59 p.m. and reconvened the meeting at 9:12 p.m. C. HANS HAGEN HOMES, INC. (96193) Chairman Stulberg introduced the request by Hans Hagen Homes, Inc. for Rezoning from FRD to MPUD, Preliminary Plat, and PUD General Plan Amendment for Plymouth Station, a roughly 141,000 square foot commercial development with a grocery store, three restaurants, including fast food, general retail, gas convenience, auto service, office and day care uses, located at the southeast quadrant of Highway 55 and County Road 24. Planning Supervisor Senness gave an overview of the August 8, 1997 staff report. Planning Supervisor presented computer imaging of the site. Chairman Stulberg noted the revised resolution with a change to Condition #19 of the resolution approving the Preliminary Plat and General Plat Amendment - the words "and Office building" was inadvertently omitted. Commissioner Ribbe asked if the computer imaging is subject to the same kind of orientation as taking a picture with a camera. Planning Supervisor Senness replied that the elevations are taken into account, and the trees that are on the computer imaging are typically depicted at about a 10 year growth. Director Hurlburt said the computer imaging starts with a photograph and so initial placement is critical, and the rest of the elements are plugged in. Commissioner Thompson asked why the fence is on the residential side of the street. He asked why a fence is needed if the berm is high enough. Planning Supervisor Senness responded that the neighbors requested the fence. Commissioner Koehnen asked about the status on the signs. Planning Supervisor Senness said all signs have to be approved as part of the master signage plan. Chairman Stulberg introduced Hans Hagen, the petitioner. Mr. Hagen stated the guide plan has been reaffirmed as commercial twice in the last 12 months. All the uses are permitted uses and are within the setbacks; therefore, no variances are required. The quality is a good mix of tenants, with Rainbow as a major anchor tenant. Mr. Hagen Planning Commission Minutes August 12, 1997 Page #182 stated that the developer's cost to close Garland Lane as per the residents' request was 450,000, and in order to do that you need an economically viable unit. Mr. Hagen said community grocery stores have changed over the years by the demand of the public. People want bigger stores with more variety. They want to be able to do their shopping in one trip. Mr. Hagen said that Cub Foods is 65,000 square feet, Lunds in Wayzata is 39,000 square feet and Byerly's near Ridgedale Mall is 67,000 square feet. Mr. Hagen presented the traffic circulation plan. Truck traffic would come out on Highway 55 and go south on County Road 24 and move around internally on the site and come back out County Road 24 back out to Highway 55. They will be proposing "no trucks" on the Dunkirk entrance/exit onto Medina Road. Mr. Hagen presented the site plan, stating numerous changes that were made: no access from Garland Lane and therefore no truck traffic; the privacy fence extended with brick monumentation; commitment from the grocery store to limit delivery times; relocating the daycare; and reconstruction of County Road 24. Mr. Hagen presented the architectural design depicting Rainbow Foods and the retail area. There will be brick on all four sides and a good pedestrian system. He stated that he would like to add language for temporary buffering. He stated his concern about the height of the sign for the gas facility. He stated that if they increase their coniferous trees to 25% there would be overscreening for a commercial facility. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Ken Solom of 3295 Garland Lane. Mr. Solom stated that he is concerned that when he is on his deck he will be looking at a service station. He wants the office and daycare as a transition like his neighbors. He is concerned about the noise and said the garage should be moved out near Highway 55. Mr. Solom said that commercial next to a residential area is not right. Mr. Solom said that he was happy to see the changes to Garland Lane. He said that the proposal is a far cry from what was initially proposed when they built their homes. He commented that the residents don't want a grocery store and urged the Commission to downsize the project. Chairman Stulberg introduced Eva Sipkins of 2621 Comstock. Ms. Sipkins asked how many Rainbow stores does Plymouth need, and how many grocery stores do the residents need. She asked whose needs are being met - the residents' or the developer's. Ms. Sipkins asked how the change to Garland Lane will affect the traffic flow on Dunkirk Lane. Chairman Stulberg introduced David Slavik of 3325 Everest Court. Mr. Slavik stated that the grocery store was not included in the traffic study. He asked where trucks are going to park while waiting for the loading docks. He commented that the noise from the trucks is a concern. He asked how the trucks will be prevented from using the other accesses. Planning Commission Minutes August 12, 1997 Page #183 Mr. Slavik wanted to know what would happen if the developer can't get tenants. He said no one is going to want to put in a daycare or office next to loading docks. He asked what guarantee do the residents have as to what businesses are proposed will actually go into the site. Chairman Stulberg introduced Kelli Slavik of 3325 Everest Court. Ms. Slavik stated the residents do not need another grocery store, nor is another Rainbow store needed in Plymouth. Ms. Slavik stated her concern for the safety in the neighborhood pertaining to traffic and crime. She said the bus stop at Garland Lane still needs to be addressed. She said that commercial property will limit the access for emergency vehicles. Ms. Slavik stated that the residents have no guarantee that deliveries will be limited. She said that traffic will be constant to the site. She asked how the signs and lights will affect the residnets. Ms. Slavik stated that the issues with the Moen Leuer property are still not being handled. She asked who would be responsible for trash clean up. Ms. Slavik said there needs to be additional work on the landscaping and berms. She asked who will maintain the fence and berms. She commented that the developer committed fraud when presenting his other plan when they bought their home. She cited case law studies indicating that the City Council can deny an application based on complaints from residents. She asked if their property taxes would be lowered to reflect their loss of property value if the proposal is approved. Chairman Stulberg introduced Vickie Ruegemer of 3290 Garland Lane. Mr. Ruegemer stated that she is strongly opposed to the development and the rezoning. The proposal will adversely affect their quality of life. She said that there is already of problem with drainage on the walkways, and the sidewalk in not plowed in the winter. Ms. Ruegemer asked if the gas station would be open 24 hours a day. She stated she would like a buffer of a lower density building for her area also, as the grocery store is high density. Chairman Stulberg introduced Julie Johnson of 3345 Everest Court. Ms. Johnson stated that she can't imagine having to put up with five years of construction noise. She presented pictures from her home and the repaving that is currently going on. No amount of berming and fencing will block her view of the buildings. She stated that the proposal will force the neighbors out, and asked who will want to buy their homes with the construction going on. Chairman Stulberg introduced Mark Capece of 3320 Garland Lane. Mr. Capece stated that the residents bear the risk. The residents want a less dense retail neighborhood, along the lines of what was presented to them when they purchased their homes. Mr. Capece stated his concern with the grocery store and auto service station being too close to the residential area, and that he does not want any fast food restaurants. Mr. Capece asked if there was a change in the way the residents address the City Council. Planning Commission Minutes August 12, 1997 Page #184 Chairman Stulberg stated the public hearing is held by the Planning Commission to hear and document the concerns and issues of a proposal. Director Hulburt replied that the Council held a conversation reaffirming their current policies. She said that the City Council will not hold another public hearing, but rather only listen to new testimony or information since the Planning Commission Meeting. Mr. Capece questioned the new traffic study pertaining to the number of trips on Medina Road. He asked if the City knows what the impact would be on crime to the neighborhood, and asked if they would conduct a formal study. He asked if a formal wetland study had been done. Mr. Capece stated that the project can be scaled back. He asked if the City needs to consider the developer's likelihood of finding financing and tenants. Mr. Capece asked what the City's role is in protecting the citizens from what was originally intended for the site to what is now being proposed. Mr. Capece presented pictures depicting the views from different rooms in his house. Chairman Stulberg introduced Paul Anderson of 3340 Everest Court. Mr. Anderson stated his concurrence with previous statements. He stated that the Commission has already recommended less dense use for the property. Mr. Anderson said that 800 parking spaces exceeds the city's guidelines. He stated that if the proposal could be scaled down, it could be a good project. Chairman Stulberg introduced Tom Krueger of 3310 Garland Lane. Mr. Krueger stated that he doesn't want to be fenced into his neighborhood. He said that the proposal is not a good plan for the property. Chairman Stulberg closed the public hearing. Planning Supervisor Senness stated that the auto service is a 9:00 a.m. to 5:00 p.m. type of operation with no overhead doors allowed. She said that staff is recommending that some of the parking be removed and additional landscaping be put in. Staff is also recommending that the proposed berm go all the way to the corner. Planning Supervisor Senness stated that the traffic flows on Dunkirk Lane would not materially be affected by this change. Director Hurlburt commented that the Transportation Plan anticipated commercial development and no widening of Dunkirk Lane. Mr. Hagen stated that Rainbow did a market study on locations, and the site was approved by the national management. Mr. Hagen apologized for any misinformation that may have been given to purchasers, and stated that the information was not inaccurate for the land that was owned at the time. He said that it was their goal to inform potential residents that the land was zoned for commercial. Mr. Hagen said no other tenants will be signed up until he has confirmation of the application. Mr. Hagen stated that he can get financing and build out the project. Planning Commission Minutes August 12, 1997 Page #185 Chairman Stulberg stated that staff is not asking to Rezone the property, and not fighting for or against the proposal, only as the proposal pertains to the Zoning Ordinance. Planning Supervisor Senness stated that staff did not look at the bus stop on Garland Lane directly as part of their analysis. She said that it is generally up to the school district. Mr. Hagen stated that the grocery store will be open 24 hours a day. The gas station will operate from 6:00 a.m. to 11:00 p.m. Director Hurlburt noted that the gas station is restricted to those hours unless they apply for a Conditional Use Permit to extend the hours. Mr. Hagen said that Rainbow has indicated in a letter that they would be willing to limit their deliveries. Director Hurlburt asked if Mr. Hagen would agree to putting that as a condition in their lease. Mr. Hagen replied affirmatively. Mr. Hagen said he would be happy to work with the residents on the bus stop issue. Planning Supervisor Senness stated that there are no sign approvals with this recommendation. She stated that the Star Tribune located in the Plymouth Ponds Development will be moving to Building #4, which is further away from the residential area. Mr. Hagen stated that the landscape easement for Seven Ponds would be maintained by the association. He said that he couldn't comment on the association's agreement for the fence, which was initiated by Mike Johnson. He said that he would be agreeable to not putting in a fence if that's what the residents want. City Engineer Faulkner stated that he would mention the drainage issue and snow removal to the appropriate City personnel and get back to Ms. Ruegemer. City Engineer Faulkner said that the traffic projection for the year 2020 indicates 520 total trips going east and west on Medina Road. 85 eastbound movements will turn into the site, and the rest of the trips are going south on Dunkirk, or east on Medina Road. He stated that the truck traffic is included, but it doesn't separate out the numbers. City Engineer Faulkner said that the study did not look at an alternate if Medina Road doesn't go through. He said that at some point in the future, Medina Road will have to go through, but he does not know when. Planning Supervisor Senness said that crime studies are not typically done with a development application. Whatever kind of development, the City is proactive to eliminate crime in the community. The more dense an area is, the more calls you receive. She stated that a formal wetland study was done, and applicant is required to show actual delineations and what area is to be filled, mitigated and replaced. The application will go to City Council for approval. Director Hurlburt said the City does not do market studies, and does not require a developer to prove he can finance it. She stated that if the developer can't get financing, it Planning Commission Minutes August 12, 1997 Page #186 won't be built. If the developer needs to change the plan, it has to come back to the Planning Commission for approval. Director Hurlburt said the City has no control on individual people or their marketing literature. She said that plans change, and all staff can do is provide the information that is available. Planning Supervisor said that the grocery store will have two loading docks. City Engineer Faulkner said that if the application is to move ahead there will needs to be discussion with the County pertaining to the intersection of Medina Road and County Road 24 to see if a signal is warranted early on in the development. He stated that the intersection has not met warrants yet, but not much more additional development would be needed to warrant it. He said that access off of County Road 24 would take a big burden off of the Medina Road intersection, and would lessen the need for the signal on Medina, but eventually there will be a signal needed at Medina Road. Commissioner Ribbe asked what the procedures are regarding enforcement of existing ordinances, and what part can neighbors play. Director Hurlburt explained that staff investigate complaints that are received through the various appropriate departments. The City has the power to enforce ordinances through citations, or negotiate to handle civilly. If there is a Conditional Use Permit, it can be revoked if it is being violated. Director Hurlburt explained that the caller's name is kept confidential. She said that some complaints are not violations of the law. Commissioner Koehnen asked if the gas station has to be in that location. Chairman Stulberg introduced Dan Robbins of 2585 Brockton Lane. Mr. Robbins reapplied affirmatively to Commissioner Kohenen's question, as it is his piece of property. He stated that the service area is for oil changes, and the building to the south is for car repairs. The doors were moved around, and there are no windows or signs from the south. Ms. Sipkins stated that if the traffic study is for the trips in the year 2020, then the numbers are worthless to that point. City Engineer explained that the traffic study gives the ultimate amount of traffic. The numbers are less than that now with a progression to that point of traffic in the year 2020. Director Hurlburt asked if all the cars came up on Dunkirk Lane, would it have to be widened. City Engineer Faulkner replied negatively. Mr. Solom stated that it is virtually impossible for a school bus to turn around on a cul-de- sac, that is why the bus stop is at the corner of Garland Lane and Medina Road He asked why there couldn't be some land swapping to move the service station closer to Highway 55. Planning Commission Minutes August 12, 1997 Page #187 Commissioner Koehnen asked if the lease condition could include the hours of delivery and limit the number of deliveries. Mr. Hagen replied that Rainbow schedules their deliveries so that trucks don't stack up. They will limit the hours of delivery and no deliveries on Sunday. He said that the bulk of the deliveries occur from 9:00 a.m. to noon. MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending approval of an Ordinance Amending Chapter 21 of the City Code to classify certain lands located southeast of the intersection of Highway 55 and County Road 24; Approving Findings of Fact for Rezoning for Hans Hagen Homes, Inc. for property located south of Highway 55 and East of Old Dunkirk Lane; and a Preliminary Plat and PUD General Plan Amendment for Hans Hagen Homes, Inc. for Plymouth Station for property located southeast of the intersection of Highway 55 and County Road 24 . Commissioner Thompson stated that there have been a lot changes to the proposal since the last time it was before the Commission. The petitioner's statements were on the substance. The issues related to traffic have been addressed. The guiding issue was resolved by the City Council. The zoning for the property is ordained by the guiding issue. Commissioner Thompson added that all the uses are permitted uses within the allowed setbacks; therefore, no legal grounds for denial are present. Commissioner Ribbe stated that the Commission had voted for less development, but the City Council made the final decision. Commissioner Ribbe stated that the City and a developer encourage development of high cost homes and the residents were led to believe that there would be a less dense development across the street. He commented that the proposal is not compatible with the residential area because of its close proximity. Commissioner Ribbe added that the proposal will have a detrimental affect on the neighborhood. Commissioner Koehnen commented that she was pleased to see the changes, but there are still too many situations that do not make it good for the neighborhood. She questioned how much latitude does the staff have with the developer. Director Hurlburt explained that the proposal is not just a Preliminary Plat, but also a PUD Amendment that sets the uses and conditions that would be attached to it. There are detailed standards on signage and architecture. She stated that there has never been this amount of detail with a project before, not even with the City Center. Director Hurlburt stated that the Commission can add additional conditions to the PUD. Commissioner Koehnen commented that no matter how much berming there is, the project this will still be very obvious for the neighbors. Director Hurlburt stated that screening and berming is always a difficult issue. You really can't screen out large buildings, and you will always see other buildings from properties. Planning Commission Minutes August 12, 1997 Page #188 Commissioner Thompson noted that another change was the economically viability which was which was not rebutted, and add the proposal works. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen to add the wording "or satisfactory buffering", to Condition #19 of the approving resolution. Commissioners Stein stated that more control over the buffering is needed by precise wording in the resolution. Commissioner Berkowitz added that Phase I construction of the day care and its buffering is crucial. Commissioner Koehnen concurred. Roll Call Vote on MOTION to Amend. 1 Aye. MOTION failed on a 1-6 Vote. Commissioners Stoebner, Koehnen, Berkowitz, Stein, Ribbe and Chairman Stulberg voted Nay.) Commissioner Stoebner asked if the proposal were not a PUD, would this size of a project be feasible without a Variance. Director Hurlburt replied affirmatively. Commissioner Thompson stated that the PUD allows the City greater control with design standards. Roll Call Vote on Main MOTION. 5 Ayes. MOTION carried on a 5-2 Vote. Commissioners Koehnen and Ribbe voted Nay.) Chairman Stulberg called a recess at 11:52 p.m. and reconvened the meeting at 11:58 p.m. D. TOWN AND COUNTRY HOMES (97011) Chairman Stulberg introduced the request by Town and Country Homes for a Land Use Guide Plan Amendment to reguide property from C (Commercial) and LA -1 (Living Area 1) to LA -2 (Living Area 2) and LA -3 (Living Area 3), Rezoning from FRD (Future Restricted Development) to RMF -1 (Multiple Family 1), Preliminary Plat and Site Plan to construct a 114 -unit residential townhome development for property located in the northwest quadrant of Highway 55 and Dunkirk Lane. Planner Drill gave an overview of the August 5, 1997 staff report. Due to the late hour, Chairman Stulberg asked if the Commission wanted to table the item or continue with the public hearing. The Commission decided to continue with the public hearing. Chairman Stulberg introduced Al Block, the petitioner. Mr. Block gave on outline of the changes made to the proposal since the item was last heard by the Planning Commission. The units dropped from 118 to 114 and will be for -sale units on individual lots. The average selling price will run from $135,000 to $140,000. Mr. Block stated that they are Planning Commission Minutes August 12, 1997 Page #189 willing to put a conservation easement over the wetland area. A considerable amount of buffering was created along Dunkirk. There were also changes in landscaping and ponding. Mr. Block stated that the main neighborhood issue that remains is traffic, but it is a manageable situation according to the City's traffic consultant. Mr. Block introduced Mike Gair and Bob Smith who would also be available for questions. Chairman Stulberg introduced Jerry Theis, who said he also would be available for questions. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced John Byers of 3895 Comstock North. Mr. Byers stated that at a meeting that was held by Town and Country Homes, a councilmember brought up the idea of moving the road to have traffic go out to Dunkirk Court. Mr. Byers stated that everyone at the meeting including the applicant agreed to that idea. Mr. Byers said that the City's traffic consultant stated in their report that the road could go either way, but the City has decided that it can't. Mr. Byers suggested that the road be moved and let Town & Country get on with their project. Chairman Stulberg introduced Scott Kuhne of 3860 Comstock Lane North. Mr. Kuhne stated that he was surprised that the road was not moved after all parties involved had agreed on the change to the road. He stated that on Page 9 of the traffic report it states that the majority of the traffic will go south on Dunkirk Lane and exit onto Highway 55. He stated that Dunkirk Lane to Highway 55 does not exist. Mr. Kuhne commented that everyone at the meeting on June 23 wanted the road to go to Dunkirk Court rather than 39th Avenue. Chairman Stulberg introduced Carla Madel of 3855 Comstock Lane North. Ms. Madel stated her concern for the road connecting with 39th Avenue. She stated that she would also prefer that all of the site was guided LA -2. Chairman Stulberg introduced Jim Blake of 3885 Comstock Lane North. Mr. Blake stated that Town and Country has agreed to do additional landscaping along his property line. Mr. Kuhne stated that on Page 2 of the traffic report, the developer changed the units to 114 so they could change the road to access off of Dunkirk Court. Mr. Kuhne stated that on Page 4 of the traffic report, it states that access for the Town and County Townhome development could be provided at either alternative access location. Chairman Stulberg closed the public hearing. Mr. Block stated that he will build all landscaping and berming along Dunkirk Lane at the first phase of construction to help buffer traffic. Planning Commission Minutes August 12, 1997 Page #190 In response to the issues raised on the access, Planner Drill stated that the traffic study found that the access should line up with 39th Avenue. If traffic from this site is directed to Dunkirk Court, it would mix with future commercial traffic. Director Hurlburt commented that the idea of moving the road to tie into Dunkirk Court was not a commitment on behalf of the City. The long term plan is to close the accesses off of Highway 55. It is the City's responsibility to look out for the residents in these townhomes, Holly Creek, and across the street. The City does not want to mix residential and commercial traffic at this location, and must look at the long-term traffic flows. Director Hurlburt stated that staff knows that Dunkirk Lane does not connect to Highway 55 and so did the traffic consultant. Planning Supervisor Senness pointed out that on Page 3, the traffic consultant stated that mixing residential and commercial traffic is not good. MOTION by Commissioner by Thompson, seconded by Commissioner Stoebner recommending approval of a Land Use Guide Plan Amendment for Town and Country Homes, Inc. for property located in the northwest quadrant of Highway 55 and Dunkirk Lane; Ordinance Amending Chapter 21 of the City Code to Classify Certain Lands located in the northwest quadrant of Highway 55 and Dunkirk Lane; Findings of Fact for Rezoning of land located in the northwest quadrant of Highway 55 and Dunkirk Lane; and, Preliminary Plat and Site Plan for Town and Country Homes, Inc. for property located in the northwest quadrant of Highway 55 and Dunkirk Lane. Commissioner Koehnen commended the residents and developers for their work on the proposal. Commissioner Ribbe stated that he was still concerned with the road and asked what commercial traffic is near the site. Director Hurlburt replied that Dundee and Tri-State Drilling is commercial. The traffic study modeled potential development. Commissioner Koehnen stated that she will vote in favor of the proposal as it provides good transition. Roll Call Vote. 7 Ayes. MOTION approved unanimously. E. THE ROTTLUND COMPANY, INC. (97080) Chairman Stulberg introduced the request by The Rottlund Company, Inc. for Rezoning from FRD to PUD, Preliminary Plat, Interim Use Permit for parking reduction and PUD General Plan for a 46 -unit mid -rise senior apartment, 182 units of multi -family for -sale units, and an office building for property located in the northwest quadrant of Highway 55 and Revere Lane. Planning Commission Minutes August 12, 1997 Page #191 Planner Drill gave a brief overview of the August 6, 1997 staff report. Planner Drill noted that the correct square footage of the office building should be 30,000 square feet and that the resolution will be corrected accordingly. Chairman Stulberg introduced Richard Palmiter, the petitioner. Mr. Palmiter stated that they have been working on the project for 20 months. He said that a developer has not yet been chosen for the office space. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated August 12, 1997 from Bonnie Huettle of 320 Quaker Lane North. Chairman Stulberg introduced Bonnie Huettl of 320 Quaker Lane North. Ms. Huettle stated that since the Rainbow complex went in, the traffic on the south side of Highway 55 has increased beyond any projected volumes. She stated that this proposal will increase traffic as cars cut through her area to reach Betty Crocker and access Highway 169. This problem will only be increased further with the Holiday Stationstore. She urged the Commission to give some consideration for the traffic that will be impacted on her side of the street. Chairman Stulberg introduced Harley Greenberg of 1000 Trenton Circle North. Mr. Greenberg stated his concern over parking. He asked where they will put snow after the private streets are plowed. He was concerned about water run-off and speeding traffic. Mr. Greenberg stated that these additional units will only aggravate issues of concern already. Mr. Greenberg stated that he doesn't want people parking their cars at Trenton Ponds. He said that there is no guarantee that the buyers of the units will be single professional individuals. Chairman Stulberg introduced Lynn Markey of 230 Quaker Lane North. Mr. Markey stated that the residents on Quaker Lane seem to be forgotten. There is too much traffic on the frontage road. Mr. Markey asked if they would be digging up the entire site to redo it. He asked if the taxpayers are subsidizing the redoing of the soils. Chairman Stulberg introduced Marshall Rappaport of 1044 Trenton Circle North. Mr. Rappaport stated that the density of the project has increased and now they are asking for an Interim Use Permit for reduced parking. Mr. Rappaport questioned the $3,000,000 TIF money for the project. Chairman Stulberg introduced Leo Rogers of 1076 Trenton Circle North. Mr. Rogers stated that the parking is not adequate, and there should be another 100 spaces. He said that the number of units should be reduced. He asked if the site wouldn't be better left as Planning Commission Minutes August 12, 1997 Page #192 Commercial. Mr. Rogers wanted to know why the taxpayers are subsidizing the developer for $3,000,000 over the next 12 years. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated that staff did not look at the snow storage issue. Director Hurlburt asked if the snow could be piled in the wetland area. City Engineer Faulkner replied it could be stored in the water treatment pond area and maybe in the wetland. Planner Drill stated that the applicant did request an Interim Use Permit for parking reduction. The applicant provided a traffic study for similar developments throughout the region that indicates 1.5 spaces per unit is adequate for this type of development. The garages on the Gable homes would be 32 feet deep to provide adequate space for storage and parking. The applicant is providing 71 offstreet parking spaces. Planner Drill stated that he reviewed other similar developments and found the parking was under utilized. City Engineer Faulkner stated that drainage will have to be designed with the Comprehensive Storm Water Plan and comply with the 100 year flood. The plan will be reviewed in detail by staff as it moves forward. He said that no water flows towards Trenton Ponds, but rather the creek. He stated that when Prime West was developed, the City required temporary drainage easements, and the City would vacate temporary easements and get new easements with the new plan. City Engineer Faulkner stated that he is aware that there is a sight distance problem on the Quaker Lane cul-de-sac, and staff may need to look at that in more depth. Commissioner Thompson commented that there is a real problem with the south frontage road. Director Hurlburt asked if there would ever be a point that there would be a traffic signal for the frontage road. City Engineer Faulkner said that since it is so close to Highway 55 it would be unlikely. In reference to speeding, City Engineer Faulkner said that the more congestion there is, the more it slows traffic. The City has to request MnDot to conduct a speed study. Director Hurlburt offered that the Public Safety Department now has the resources to target an area for speeding. Mr. Palmiter stated that they have to remove almost all of the soils and replace them. Director Hurlburt stated that the City Council has given the go ahead for a Public Hearing on September 3 regarding the TIF money. She stated that the senior apartment project has received some allocation of federal funds. She added that an application was submitted for State program funds through the Livable Communities Act. Planning Commission Minutes August 12, 1997 Page #193 Commissioner Koehnen questioned the private drives. Planner Drill indicated the private drives on the Site Plan and stated that they would be 22 feet in width, which is acceptable to staff. Mr. Palmiter offered that the units would sell for approximately $109,000 to $139,000. 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 in the northwest quadrant of Highway 55 and Revere Lane as PUD and Findings of Fact for Rezoning for The Rottlund Company, Inc. for property located in the northwest quadrant of Highway 55 and Revere Lane. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of a Preliminary Plat and PUD General Plan for The Rottlund Company, Inc. for property located in the northwest quadrant of Highway 55 and Revere Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending approval of an Interim Use Permit for The Rottlund Company, Inc. for property located in the northwest quadrant of highway 55 and Revere Lane. Chairman Stulberg stated he would vote against the motion, as he feels more parking is needed. Commissioner Thompson concurred. Commissioner Koehnen said that she lives in a similar development, and that she feels the proposed parking would be more than adequate. Commissioner Ribbe stated that the price range of the units will attract single professional individuals and doesn't think there will be a spillover of parking to other developments. Chairman Stulberg stated that he is concerned with snow removal. Roll Call Vote. 3 Ayes. MOTION failed on a 3-4 Vote. (Commissioners Stoebner, Thompson, Berkowitz and Chairman Stulberg voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending denial of an Interim Use Permit for The Rottlund Company, Inc. for property located in the northwest quadrant of Highway 55 and Revere Lane Roll Call Vote. 4 Ayes. MOTION carried on a 4-3 Vote. (Commissioners Koehnen, Stein and Ribbe voted Nay.) F. THE DAMONE GROUP (97094) Chairman Stulberg introduced the request by The Damone Group for Planned Unit Development General Plan Amendment for a 52 -resident senior assisted living residence for property located at the southeast corner of Vicksburg Lane and 22" d Avenue. Planning Commission Minutes August 12, 1997 Page #194 Planning Supervisor Senness gave an overview of the August 8, 1997 staff report. Chairman Stulberg introduced Mike Parks, the petitioner. Mr. Parks stated that Alternative Living Services (ALS) is a senior managing caregiver. Chairman Stulberg introduced Linda Nelson, regional director for ALS in Minnesota. Ms. Nelson stated that the concept is a homelike atmosphere to make an easy transition for residents from their homes. The facility is locked and secured to prevent residents from wandering. She stated that there is also a nursing staff on site. Commissioner Ribbe asked if they limit their clients. Ms. Nelson stated that a resident would have to be diagnosed or treated for memory loss. Commissioner Ribbe asked what other developments they have done. Ms. Nelson replied that they do not have any Claire Bridge models yet, but have been approved in three other cities to build their facility. She stated that they are based out of Wisconsin in which they have 150 facilities. Chairman Stulberg opened the public hearing Chairman Stulberg introduced Chris Chiles of 16120 21st Avenue north. Ms. Chiles stated her support for the project over commercial use. She asked about a berm that was that was missing from this plan that the residents thought would be along Vicksburg Lane. Chairman Stulberg asked Ms. Chiles if she knew if the people that had already left were in favor of or opposed to the project. Ms. Chiles responded that they were in favor of the proposal. Chairman Stulberg closed the public hearing. Planning Supervisor Senness stated that the berm and landscaping across Vicksburg on Steeplechase is more than substantial, and the developer is only required to screen the parking. Director Hurlburt asked if the plan ever indicated a berm along Vicksburg. Mr. Parks replied negatively, but that he did discuss a berm along Vicksburg Lane with the residents and said he would be happy to comply as long as it doesn't kill the vegetation. He said that a large berm in not possible. Chairman Stulberg asked if a three foot berm would fit. Jennifer Posma, Civil Engineer for the project, stated that it may be possible for a two to three foot berm along a portion of it. She stated that it would work better without the berm, but could possibly fit it in. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Planned Unit Development General Plan Amendment for The Damone Group for property located at the southeast corner of Vicksburg Lane and 22"d Avenue. Planning Commission Minutes August 12, 1997 Page #195 MOTION to Amend by Chairman Stulberg, seconded by Commissioner Koehnen directing staff and the petitioner to look at what and how much of a berm could be placed along Vicksburg Lane. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved on a 6-1 Vote. Commissioner Thompson voted Nay.) Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of an Ordinance amending Chapter 21 of the City Code to amend PUD 81-1 for property located at the southeast corner of Vicksburg Lane and 22nd Avenue North and the Findings of Fact for Amending the Zoning Ordinance Text for property located at the southeast corner of Vicksburg Lane and 22nd Avenue North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg stated that he may not be at the August 26 Planning Commission meeting. Commissioners Koehnen and Berkowitz also noted conflicts. Commissioner Thompson stated that he may be able to make the meeting. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to adjourn. Vote. 7 Ayes. The meeting was adjourned at 1:43 a.m.