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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.