HomeMy WebLinkAboutPlanning Commission Minutes 09-23-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1997
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe
arrived at 7:20 p.m.), Bob Stein, and Kim Koehnen,
MEMBERS ABSENT: Commissioners Roger Berkowitz, John Stoebner and Jeff
Thompson
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners Kendra Lindahl, and
Shawn Drill, City Engineer Dan Faulkner and Clerical
Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA: Approved.
4. APPROVAL OF MINUTES:
Commissioner Koehnen requested a change be made to Page #214, paragraph one adding
the words "to Amend" and to Page #216, paragraph 10, changing "district" to "ward".
MOTION by Commissioner Ribbe, seconded by Commissioner Stein to approve the
September 9, 1997 Planning Commission Minutes as amended. Vote. 4 Ayes.
MOTION approved unanimously.
5. CONSENT AGENDA:
A. OPUS (97123)
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of a Site Plan Amendment for Opus for Nebco/Evans (Ameriserve) for a 44,880
square foot building addition and parking lot expansion at 4150 Berkshire Lane North.
Vote. 4 Ayes. MOTION approved unanimously.
B. CITY OF PLYMOUTH (97104)
Planning Commission Minutes
September 23, 1997
Page #218
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of the additional language concerning home occupation regulations for Chapter
21 of the Plymouth City Code, the Plymouth Zoning Ordinance.
Vote. 4 Ayes. MOTION approved unanimously.
6. PUBLIC HEARINGS:
A. THOMAS WILLIAM PROKASKY ARCHITECTS (97114)
Chairman Stulberg introduced the request by Thomas William Prokasky Architects for a
Site Plan Amendment and Variance from parking setbacks for Topaz Trucking at 9909
South Shore Drive.
Planner Lindahl gave an overview of the September 17, 1997 staff report. Planner Lindahl
noted a change to the resolution adding a new Condition #5 stating "The trucks with
refrigerator units located in space A --south of the building --shall be parked with the
refrigerator units facing away from the adjacent residential homes."
Commissioner Stein asked when trucks arrive, and if the problem that exists, is due to
trucks coming in at late hours. Planner Lindahl replied that trucks arrive at all hours,
which does cause a problem.
Commissioner Koehnen questioned if the Encroachment Agreement involved the City of
Medicine Lake. Planner Lindahl replied negatively, and added that it involves a company,
Medicine Lake Properties of Plymouth, L.P.
Chairman Stulberg asked if the application is denied, can the applicant continue with the
existing business use. Planner Lindahl replied affirmatively. Chairman Stulberg
commented that the proposal may alleviate some of the existing problems.
Commissioner Stein wanted to know if decibel readings were conducted for the site, and if
they were, do they exceed the noise ordinance. Planner Lindahl responded that no
readings were done, and that she didn't know if noise levels exceed the ordinance.
Chairman Stulberg introduced Tom Prokasky, representing the petitioner. Mr. Prokasky
stated the owner has agreed to try to alleviate the problem with the noise from trucks
running all night by requesting the Variance and moving the trucks to the eastern portion
of the site, while also trying to address the parking issue. He stated that in response to the
City's request, they have requested another strip of parking along the west side of the site.
Mr. Prokaksy stated that it is not a matter of the trucks with the refrigeration units on the
southeast corner, they might physically have the units on the trucks, but they can't be on
during the night. He commented that they will adhere to that condition and notify their
drivers of that in writing, and it would also be a part of their tenancy. Mr. Prokasky stated
Planning Commission Minutes
September 23, 1997
Page #219
that Topaz is agreeable to the condition, and it will be enforced. Mr. Prokasky
commented that they are proposing to add landscaping along
13th
Avenue to help solve
problems and improve the area.
Commissioner Stein asked for an explanation of the operation of the trucks, and what
happens to the trucks when the business opens.
Mr. Prokasky explained that when the office opens, the drivers check in with their
dispatching office to see where they go next and then leave. At the same time, new trucks
are also coming in. He stated that some trucks remain, and if they have a refrigeration
unit, they have to park on the east end.
Commissioner Stein asked why a special location is being proposed for the trucks, and
why the trucks can't park behind the building on the east side. Mr. Prokasky replied that
trucks come in at all hours for many of the tenants, not just Topaz, and they need the
space during the day.
Chairman Stulberg introduced Jay Mutschler, building manager. Mr. Mutschler stated
that he has been trying to work with Topaz on the noise problem regarding trucks with
refrigerator units. He stated that the problem has improved, but is not solved. Mr.
Mutschler commented that they only have room for two to three trucks, and there are
other vehicles in the way, so they need a permanent solution. Mr. Mutschler stated that a
special parking area for trucks with refrigerated units that are running would help to
alleviate the noise problem along the north side.
Chairman Stulberg introduced Doug Stahl, representing the petitioner. Mr. Stahl stated
he would be available for questions.
Chairman Stulberg opened the public hearing. Chairman Stulberg introduced letters from
James & Roberta Craig of 10008 South Shore Drive, dated September 21, 1997; Dave &
Anna McQuid of 9930 South Shore Drive, dated September 21, 1997; and, Terri & Kevin
Christian of 9909 South Shore Drive, dated September 15, 1997. All letters stated
opposition to the proposal.
Chairman Stulberg introduced Bridget Jodell of 10100 South Shore Drive. Ms. Jodell
stated that there has been a long history of noise problems with trucks to the Topaz site.
She stated that she has contacted Topaz numerous times to resolve the issue. Ms. Jodell
stated that they have had some agreements, but it has been very difficult for Topaz to
manage drivers that come at night. She commented that they have talked about other
possibilities, but there is no consistency. Ms. Jodell said that the letters to the drivers are
not working. She stated that the problem is worse in the winter because of the loss of the
trees. Ms. Jodell commented that the noise doesn't only affect the residents, but also
those that will be using the bike path along the area. Ms. Jodell stated her concern with
the effect on the lake water quality, and is opposed to increasing the impervious surfaces.
Planning Commission Minutes
September 23, 1997
Page #220
Ms. Jodell presented a water study conducted by the citizens of Medicine Lake. Ms.
Jodell quoted a statement from the Plymouth Sun -Sailor made by Councilmember Black
pertaining to improvement of the quality of recreational waters.
Chairman Stulberg introduced Don Smith of 10000 South Shore Drive. Mr. Smith
questioned why he didn't receive a notice about the proposal, as he should be within 200
feet of the site. Mr. Smith questioned a letter from Tom Hovey of the DNR to Berit Stom
stating that the applicant greatly exceeds the 25% impervious coverage. Mr. Smith stated
that he understands the "grandfathering" in process, but the applicant should not be
allowed an additional amount. Mr. Smith stated that by adding more parking spaces, it
will create more water runoff. Mr. Smith did not think that moving the trucks two feet
further to the east will alleviate the problem. Mr. Smith said that the City should not give
any land away, as it could be blended in with the railroad land at a later date. Mr. Smith
stated that the applicant has created the existing problem by allowing the trucking terminal
operation in the employee parking lot.
Chairman Stulberg introduced Hana Tomasek of 10024 South Shore Drive. Ms. Tomasek
stated that the noise from the site has been terrible. She questioned why the City prohibits
certain noises at 10:00 p.m., but they are subjected to noise all night from the site. Ms.
Tomasek stated that she supports the Site Plan Amendment to move parking to the east
side, and trucks with non -refrigerator units to the west side, as long as there is no running
of the trucks. She stated that she does not want additional parking, and is opposed to the
loss of City park land. She stated her support for berming and landscaping. Ms. Tomasek
said that she is disappointed that the area of Medicine Lake is turning into a truck stop.
Chairman Stulberg asked Ms. Tomasek if she sent a FAX earlier supporting the motion.
Ms. Tomasek replied affirmatively, and added that it was before she was aware of all the
issues.
Chairman Stulberg introduced Gene Sullivan of 9920 South Shore Drive. Mr. Sullivan
stated that homeowners are interested in the quality of lakes and water. He stated that the
City shouldn't allow any more paving, as it will cause additional water runoff to his
property and negatively affect the lake.
Chairman Stulberg closed the public hearing.
In response to questions/concerns, Planner Lindahl stated that residents within 200 feet of
the site were notified, and a development sign was also placed on the site. Planner Lindahl
stated that she could not comment on the letter from the DNR, as she had not seen it.
Planner Lindahl commented that staff talked about the possibility of treatment on the site,
but found it had limited options. She stated that staff felt that the proposal had benefits,
and that it met the Variance Standards.
Planning Commission Minutes
September 23, 1997
Page #221
Planning Supervisor Senness stated that the site is zoned I-2, which allows a truck
terminal and truck movement. She explained that the City does not have an Ordinance
pertaining specifically to noise; therefore, there is no standard in place. The State does
have standards, and they could come out and monitor the decibel levels, but they lack
follow up. Depending upon the request, the State generally can't afford to pursue smaller
issues. Planning Supervisor Senness stated that the residents would have to contact the
State to request testing.
City Engineer Faulkner stated that the site does not have enough room for a water quality
treatment pond that would be required under current requirements. He stated that staff is
aware of the problems in the area and hopefully will come up with suggestions for
improvement. He said that there may be some opportunities to use park land to construct
a pond and store some water. City Engineer Faulkner stated that trying to put
requirements on Topaz would be beyond staff s control, but he would like their
cooperation if staff can come up with some ideas. He said that the actual increase in
pavement would not cause a lot of additional water runoff.
Commissioner Ribbe asked if the City has any measurement of the quality of the water
from this particular site. City Engineer Faulkner replied negatively, but would like to get
into the monitoring to allow improvement of the lake quality.
Commissioner Koehnen questioned the loss of park land. Planner Lindahl stated that the
Park and Recreation Department was not even aware that the piece was part of the park.
She added that the City is not giving the land away; the encroachment agreement can be
terminated at any time by giving the owner notice. Planner Lindahl stated that the City is
not using the land and thought it was a good tradeoff to improve the noise problem.
Commissioner Stein asked where the trucks currently park. Planner Lindahl replied that
the majority of the trucks park along the furthest west boundary of the site.
Chairman Stulberg noted that he has known the area for 42 years and is well aware of the
history of the site and the problems that exist.
Commissioner Koehnen asked if a condition needed to be added to the resolution
addressing Ms. Tomasek's statement from the petition. Planner Lindahl responded that
Condition #4 of the resolution addresses that issue. Director Hurlburt commented that the
wording of the condition could be modified to "any running engines at all". Chairman
Stulberg stated that this is a permitted use within the I-2 area, and there is not enough
parking in the new space to put all of the trucks in the winter time. He said that in the
petition the residents said they don't want any trucks running. Director Hurlburt
explained that if the Variance isn't granted, the City has no grounds to add conditions.
The Variance is what allows the City to place conditions. She said that if the trucks are
quiet, the owner is entitled to move the trucks around where they want to on the site.
Planning Commission Minutes
September 23, 1997
Page #222
Mr. Prokasky commented that the owner is very sensitive to being a good neighbor, and is
willing to not park trucks that have engines or refrigeration units running from 10:00 p.m.
to 7:00 a.m., and be allowing them only on the east end. He said that the owner is also
willing to remove the 15 parking stalls and driveway along 13th Avenue, and replant with
grass.
Commissioner Stein asked what the net additional spaces would be if 15 were removed.
Planner Lindahl replied there would be a net of 12 parking spaces.
Chairman Stulberg asked if the item should be tabled to allow staff time to look at the
changes the owner is proposing.
Mr. Prokasky stated that they would like to begin the project as soon as possible so the
work can be done this fall. City Engineer Faulkner said that staff could review the
proposed changes before the item goes to the City Council.
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of a Site Plan Amendment and two Variances for Medicine Lake Properties of
Plymouth L.P. for property located at 9909 South Shore Drive subject to review of
applicant's proposed changes which includes eliminating 15 parking stalls, looking at the
retention area or barrier in the snow storage area, and limiting all operating noises from
trucks to the east side between the hours of 10:00 p.m. to 7:00 a.m.
MOTION to Amend by Commissioner Stein, seconded by Chairman Stulberg
recommending a change to #4 of the Encroachment Agreement to require that the
property owner shall remove the portion of the paved parking area and restore it to its
original condition.
Roll Call Vote on MOTION to Amend. 4 Ayes. MOTION approved unanimously.
Commissioner Stein commented that he wasn't going to support the original request by
the applicant, until they revised their request. He said that he doesn't think moving the
trucks will resolve the problem, but he is willing to see if reducing the parking spaces and
impervious area will improve the water quality.
Roll Call Vote on Main MOTION. 4 Ayes. MOTION approved unanimously.
B. MOEN LEUER CONSTRUCTION (97130)
Chairman Stulberg introduced the request by Moen Leuer Construction for a Variance for
an entrance monument sign for The Courts at Nanterre located south of Schmidt Lake
Road at Comstock Lane.
Planner Drill gave an overview of the September 17, 1997 staff report.
Planning Commission Minutes
September 23, 1997
Page #223
Chairman Stulberg introduced Richard Bloom, representing the petitioner. Mr. Bloom
stated that they considered locating the sign on the east side of Comstock Lane, however,
existing wetlands precluded placement in that area. Mr. Bloom also stated that they
originally applied for a larger monument sign, but agreed to reduce the size of the sign
after discussions with the Planning Staff.
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 Koehnen recommending
approval of a setback Variance for an entrance monument sign for The Courts at
Nanterre, located south of Schmidt Lake Road at Comstock Lane. Roll Call Vote. 4
Ayes. MOTION approved unanimously.
C. CITY OF PLYMOUTH (97134)
Chairman Stulberg introduced the request by the City of Plymouth for Rezoning of the
Westbranch 4th Addition site from RSF-2 (Single Family Detached 2) to RSF-4 (Single
and Two Family Dwelling District) located north of Rockford Road between Dunkirk
Lane and Vicksburg Lane.
Planner Drill gave an overview of the September 17, 1997 staff report.
Chairman Stulberg noted that the request is not to change the approved development
plans, as the City Council has already reviewed and approved the development plans and
the number of dwelling units through the preliminary plat.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced David Bartos of 3930 Zanzibar Lane North. Mr. Bartos
stated that most of his issues and questions probably should be directed to Orrin
Thompson Homes and not the City of Plymouth. Mr. Bartos said that they were originally
told by Orrin Thompson Homes that no building would take place near their lot. Later,
they were told of a possibility of single family homes, and now the plan is for twin homes
and one single family home. Mr. Bartos said they invested $30,000 to upgrade their lot
for privacy. He asked if there were any steps they could take because of the
misinformation by the developer.
Chairman Stulberg asked when Mr. Bartos purchased his property. Mr. Bartos replied
that construction began in November of 1996 and they closed in April of 1997.
Chairman Stulberg introduced Lisa Wagner of 3940 Zanzibar Lane North. Ms. Wagner
stated that she purchased her property in the fall of 1995 and it was completed in June,
Planning Commission Minutes
September 23, 1997
Page #224
1996. She said they were told that there would never be anything behind them except for
a cul-de-sac with a few single family homes. She stated that she put calls in to Orrin
Thompson Homes to question why pipe was being installed, and they stated that the pipe
is for the rest of the development. She asked if anything can be done now.
Chairman Stulberg introduced Bill Pritchard representing U. S. Home Corporation and
Orrin Thompson Homes. Mr. Pritchard commented that the rezoning is simply to correct
the City's error in classifying this site under the new zoning map. Mr. Pritchard stated
that he would be happy to stay after the meeting to discuss issues with residents.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated that the issue before the Planning Commission was decided by
the City Council on March 20, 1996. The zoning does not agree with what was decided
for the guiding. He said that the Commission cannot address what individuals were told
by the developer, and the City is not a party to that. He added that those issues have to be
taken up with Orrin Thompson Homes privately.
MOTION by Chairman Stulberg, seconded by Commissioner Koehnen recommending
approval of an Ordinance Amending Chapter 21 of the City Code to reclassify lands
located north of Rockford Road, between Vicksburg Lane and Dunkirk Lane from RSF-2
to RSF-4, and recommending approval of the related resolution making Findings of Fact.
Chairman Stulberg said the recommendation is strictly based on what is in front of the
Commission. Commissioner Koehnen noted that potential buyers should always check
with the City to see what is being planned for a particular area. Roll Call Vote. 4 Ayes.
MOTION approved unanimously.
7. NEW BUSINESS
A. Selection of Consultant and Draft Work Program for Comprehensive Plan
Update.
Director Hurlburt gave an overview of the September 18, 1997 memo. She noted that the
Planning Commission would be the lead group on the Comprehensive Plan.
B. Other Business
Chairman Stulberg stated that he wouldn't be at the October 14 meeting. Director
Hurlburt said that staff would check on phone numbers for Commissioners to call after
hours if they can't attend a Planning Commission meeting at the last minute.
Commissioner Ribbe stated that one of the items that came out of the Transition
Committee was that the City needs to move toward recommending criteria for guide plan
Planning Commission Minutes
September 23, 1997
Page #225
amendments that they would be comfortable with. He said that they hope to tackle the
concept of how proactive the Commission and the City Council should be and take the
lead on guiding changes. Director Hurlburt stated that one of the things staff is talking to
the consultant about, is that criteria should be built into the Comprehensive Plan for the
whole City. Chairman Stulberg said the consultant group has a lot of experience that
could help with those parameters.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen to adjourn.
Vote. 4 Ayes. The meeting was adjourned at 9:28 p.m.