HomeMy WebLinkAboutPlanning Commission Minutes 12-16-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
DECEMBER 16, 1997
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe,
Kim Koehnen, Jeff Thompson (left at 9:55 p.m.) and John
Stoebner
MEMBERS ABSENT: Commissioners Bob Stein and Roger Berkowitz
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:
4. APPROVAL OF MINUTES:
Correction to Page #261 - Commissioner Roger Berkowitz to be deleted from "Members
Present". Correction to Page #265, Paragraph 7, change "bus" to "but". MOTION by
Commissioner Ribbe, seconded by Commissioner Thompson to approve the December 9,
1997 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved unanimously.
Commissioner Stoebner abstained.)
5. CONSENT AGENDA: No Items.
6. PUBLIC HEARINGS:
A. EAGLE CREST NORTHWEST, INC. (97089)
Chairman Stulberg introduced the request by Eagle Crest Northwest, Inc. for Rezoning
from FRD (Future Restricted Development) to RMF -1 (Multiple Family 1), Preliminary
Plat and Site Plan to allow construction of a 48 -unit townhome development on a 9.7 acre
site located southeast of Fernbrook Lane and 43rd Avenue.
Planner Drill gave an overview of the December 10, 1997 staff report.
Chairman Stulberg introduced Bill Gleason, 3030 Harbor Lane, the petitioner. Mr.
Gleason stated that because of the wetlands the majority of the units are set up as
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December 16, 1997
Page #268
ramblers, which are typically purchased by "empty nesters". They anticipate that the two
story units would be purchased by mainly young, working couples. Mr. Gleason said that
they would have extra ponding for water retention because of the wetlands.
Chairman Stulberg introduced John Gleason, 3030 Harbor Lane, the petitioner. Mr.
Gleason stated he would be available for questions.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Grant Heino, 4016 Harbor Lane. Mr. Heino stated he is a
board member for the Kingsview Heights Homeowners Association, although he does not
speak for everyone. He commented that their homeowners association has been involved
with community action regarding development of surrounding land. They objected to the
Goff Homes development because of the loss of trees and the Fernbrook Townhome
project. He asked if the City has released the funds from the financial guarantee since the
developer did not put up the brick trim on the Fernbrook Townhome project as indicated
in the approved plans. Mr. Heino stated that he wants to ensure that the adjacent
properties are built to be architecturally pleasing and fits in with the surrounding
neighborhoods. Mr. Heino asked what the distance is of the tree buffer between
Fernbrook Lane and the back elevation of the building. Mr. Heino suggested that if there
is a change in the scope of the development or developer, the plans be resubmitted for
approval and Kingsview Heights neighbors be notified. He said that the City needs to
ensure that the elements such as brick and maintenance free exterior siding be installed on
the buildings.
Chairman Stulberg introduced Scott Nelson of 4170 Empire Lane. Mr. Nelson stated that
he is the President of Plymouth Oaks Homeowners Association. He asked if there is an
established price range for the proposed homes. He stated he was confused on the
elevations that will face the ponds, and asked how the scale of those building heights
compare to the single family homes and the setbacks off of the water. Mr. Nelson
questioned if the Landscape Plan depicts the significant trees on the site currently, or if it
is how the project will look after completion. He asked if the existing oak trees will
survive the intensity of the development, and if it will comply with the tree ordinance. Mr.
Nelson stated that the City should require mitigation of wetlands off site and place the
townhomes closer together, as it has a "donut" affect now. He asked if there is any way
the medium quality area can be filled in to push the townhomes away from the single
family dwellings. He questioned where the storm sewer water run off will drain. Mr.
Nelson asked if there would be any possibility of the future homeowners of the proposed
project joining their homeowners association to ensure maintenance of the wetlands.
Chairman Stulberg introduced Ronn Ponath of 14020 42"d Avenue North. Mr. Ponath
asked if some of the townhomes will have a much higher elevation in the southeast corner
of the site than the other homes, and if it will it cause a problem. Mr. Ponath wanted to
why there has to be an emergency trail off of 42"d Avenue and Dallas, when there are two
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December 16, 1997
Page #269
entrances off of
43rd Avenue onto the private road. Mr. Ponath stated his concern
regarding the removal of trees, and asked what will protect the significant existing trees in
the southeast corner of the site. He said that he was told no trees were to be removed
until the entire plan had been approved, but there have been trees removed.
Chairman Stulberg introduced Ted Smetak of 14010 42"d Avenue North. Mr. Smetak
stated the decision regarding preserving the wetland may impact the whole development.
He said that the wetland is not worth saving. He stated that the City would be requiring a
trade off for a wetland that serves no purpose for trees that serve both. He suggested that
the Commission have the applicant reconsider moving the townhomes; excavate some of
the southeast corner, which would allow the "donut" to close up and create a larger
buffer.
Chairman Stulberg closed the public hearing.
Planner Drill showed the Site Plan and pointed out the landscape buffer between
Fernbrook Lane to the back wall of the units, which is over 50 feet. Planner Drill showed
the elevation plans again and where the different types of units would be located on the
site. Director Hurlburt stated that the tuck -under units would appear as two stories on the
back side. Planner Drill explained that if there is a change in the scope of the
development, such as density, the proposal would need to come back to the Commission
as a new application. He stated that if the applicant were proposing a minor change, such
as moving a building over a few feet, it could be approved administratively. Director
Hurlburt noted when the City approves a development, it does not approve a developer.
She stated that as long as the applicant complies with all City requirements, the City
wouldn't dictate who the developer or contractor would be. Planner Drill commented that
if the elevation plans indicate maintenance -free siding and brick trim, then that's what staff
would expect to see on the building.
Chairman Stulberg asked to staff to investigate the Fernbrook Townhome issue raised by
Mr. Heino and get back to him with their findings.
Planner Drill stated the elevation would be a side view of the rambler from the south
wetland. From the southeast corner, it would be a two story elevation. He indicated that
the setback buffer is 45 feet from the edge of the wetland to the building on the southern
portion of the site.
Planner Drill stated that the Landscape Plan indicates how the project would look after the
project is completed. He said that the plan was reviewed and approved by the City
Forester. Planning Supervisor Senness said if the City Forester thinks trees will not
survive, staff requires the applicant to revise the plan accordingly.
Planner Drill stated that in order to fill the wetland, the applicant would have to show why
they need to fill, and then mitigate at a 2:1 ratio. There is a federal law protecting the
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December 16, 1997
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wetlands. Planning Supervisor Senness commented that staff has to determine whether
mitigation can be avoided. If mitigation can be avoided, as shown by this plan, then they
have no choice but to protect the wetland. She stated that staff tries to balance trees and
wetlands whiles considering each individual case. City Engineer Faulkner commented that
it doesn't matter if a wetland is low, medium or high quality, as long as it is designated a
wetland, it has to be protected.
City Engineer Faulkner stated that according to the Grading Plan, a storm water retention
pond will be provided in the southwest corner of the site. Storm water run-off from the
streets, drives, and other areas will be routed through this pond prior to discharge into the
adjacent wetland. He stated that there would be some run-off from the center of the site,
but it would be an insignificant amount that would drain toward the northwest.
Planner Drill commented that the emergency access/trail is required by the fire department
because a second means of access (for emergency vehicles) is needed for residential
development on all roads over 750 feet long.
Mr. Gleason stated they anticipate the sale price of the ramblers to be $160,000 to
180,000 or higher, and have not established pricing for the tuck -under homes yet. He
stated they would consider the possibility of joining the Plymouth Oaks Homeowners
Association with regards to maintenance of the wetlands. Mr. Gleason stated that he was
unaware of any removal of trees, but would look into it. He commented that they have
not taken possession of the property yet. Planner Drill stated that during a recent site
visit, he noticed that a large tree had been cut, but it was hollow on the inside. Planner
Drill said the current owner should not be removing any healthy trees since there is a
development application for the site.
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson
recommending approval of an Ordinance amending Chapter 21 of the City Code to
classify certain lands located southeast of Fernbrook Lane and 43rd Avenue from FRD
Future Restricted Development) to RMF -1 (Multiple Family 1); Findings of Fact for
Rezoning of land located southeast of Fernbrook Lane and 43rd
Avenue; and Preliminary
Plat and Site Plan for Eagle Crest Northwest, Inc. for property located southeast of
Fernbrook Lane and 43rd Avenue.
Commissioner Thompson stated his concurrence with the comments made by Mr. Smetak
regarding the wetlands and destruction of trees. He said that the Commission is not the
body that can change the state laws; the Commission can only address whether the
Preliminary Plat complies with the ordinance standards. Commissioner Koehnen stated
her appreciation for the work the neighbors are doing to improve the wetland, and that the
new owners of the townhomes will appreciate space between their homes.
Roll Call Vote. 5 Ayes. MOTION approved unanimously.
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Page #271
B. UNITED PROPERTIES (97160)
Chairman Stulberg introduced the request by United Properties for a Preliminary Plat, Site
Plan, Conditional Use Permit, and Variance for an office development located at the
southeast corner of Fernbrook Lane and 43rd Avenue.
Planner Drill gave an overview of the December 10, 1997 staff report.
Chairman Stulberg introduced David Thorsen, the petitioner. Mr. Thorsen stated that St.
Paul Companies and St. Paul Properties hired United Properties for this project. He said
that Goff construction has been selected as the contractor for the project. Mr. Thorsen
said that this is the first phase of a two phase project. The intention is to build as soon as
possible, and when the market demands, they will build Phase II. Mr. Thorsen commented
that they are cognizant that they are cutting down a lot of trees, but they worked with staff
for the best solution and mitigation. Mr. Thorsen presented an exterior colored rendering
of the building.
Chairman Stulberg opened and closed the public hearing as no one present to speak on the
issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending
approval of a Preliminary Plat, Site Plan, Conditional Use Permit and Variance for United
Properties for property located southeast of Fernbrook Lane and
34th Avenue, subject to
the conditions listed in the resolutions.
Commissioner Thompson noted that, if staff brings forth an amendment to increase
compact parking for office developments, he would like to see more up-to-date
information pertaining to the percentage of cars sold in the United States that are
considered to be small cars. There are many more mini -vans and sport utility vehicles
being sold now that could change the figures used two years ago.
Roll Call Vote. 4 Ayes. MOTION carried unanimously. (Commissioner Thompson
abstained.)
Chairman Stulberg called a recess at 8:16 p.m. and reconvened the meeting at 8:31 p.m.
C. MOEN LEUER CONSTRUCTION (97170)
Chairman Stulberg introduced the request by Moen Leuer Construction for a Conditional
Use Permit Amendment to allow up to 40 percent of the total building area for assembly,
manufacturing and warehousing as accessory uses in the B -C (Business Campus) Zoning
District for their office/showroom building to be located north of Highway 55, south of
36th Avenue and east of Rockford Road.
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Page #272
Planner Lindahl gave an overview of the December 11, 1997 staff report. Planner Lindahl
commented that there was a mistake in the legal notice that was published and the
property notice that was sent out, but a revised property notice was sent. She stated that
the legal description and map were correct; there was a typo in the general description.
Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen presented a
proposed layout of the building. He stated that they have a prospective client,
MotivAction that would like to go into the building. MotivAction is currently located in
Plymouth on Highway 169 and Betty Crocker Dive. MotivAction would have no docks
or trucks, but because of current restrictions on the site, Moen Leuer can't sign a lease
with them.
Commissioner Stoebner asked the applicant what he meant by the project design doesn't
work because of the bay depths, referred to in the applicant's narrative. Mr. Moen stated
that the proposal was created under the Business Campus guidelines, and the design of the
building doesn't make sense for 25 percent limitation. They should have done long,
straight buildings, but there is no market for it. Mr. Moen stated that they need flexibility
for expansion of accessory use.
Commissioner Thompson questioned how the applicant became out of compliance on the
fill issue, and asked if they are now in compliance. Mr. Moen explained that he thought he
had the permit, but in the approving resolutions from the City, it said that a grading permit
would be required. Mr. Moen assumed the contractor checked with the City to see if a
permit was needed. He said the permit is with the Engineering Department now for
approval.
Commissioner Koehnen asked how much of space is office and how much is warehouse
on the proposed floor plan the applicant submitted, and if the parking is considered
separately. Mr. Moen replied that for this particular tenant, the warehouse is 23.18 percent
and the parking is 7.34 percent. He said the proposed tenant would like more space for
expansion later. Director Hurlburt said that city staff would interpret that the indoor
parking area would not be included in the 25 percent allowed. She stated that the
warehouse is just under 25 percent.
Chairman introduced letters from Don Butler of 3640 Black Oaks Lane dated December
8, 1997, Dr. & Mrs. Burton Schwartz of 3650 Black Oaks Lane received December 9,
1997, Jill & Stephen Wolpert of 3625 Zanzibar Lane North dated December 8, 1997, John
Casey of 3620 Archer Lane dated December 9, 1997 and Bruce Overlid of 3605 Zanzibar
Lane dated December 10, 1997 which were included in the staff report. Chairman
Stulberg also introduced a letter dated December 15, 1997 from John & Carol Siefert of
3620 Black Oaks Lane.
Chairman Stulberg opened the public hearing.
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Page #273
Chairman Stulberg introduced Jackie Brenner of 3665 Black Oaks Lane. Ms. Brenner
stated she was concerned about safety with only one entrance to the site. She said if you
allow 40 percent manufacturing, it could be detrimental to the neighbors. She asked what
the procedure is if staff finds out the applicant exceeds the 40 percent. Ms. Brenner asked
why she was not notified of the public hearing since she had filled out a blue card at a
previous meeting.
Chairman Stulberg introduced Don Butler of 3640 Black Oaks Lane. Mr. Butler
presented pictures of the area depicting the access and surrounding neighborhood. Mr.
Butler stated his main concern is the site only having one access, which causes a problem
with traffic and safety. He still questions the legality of the access and who owns the
outlot. He commented that they should have the access off of Highway 55. Mr. Butler
thought the property should be limited to residential vehicle type traffic until another
access is secured. He asked why they are not required to have an emergency access. Mr.
Butler commented that he was glad to see the limitation of 40 percent for each tenant in
the resolution. He stated he is concerned with what would happen if there was a sale of
the building.
Mr. Butler presented a letter dated December 16, 1997, from Clark Tyler. Mr. Tyler's
letter stated his concern regarding no sidewalks and safety issues from children at bus
stops and the amount of traffic this proposal would generate.
Mr. Butler asked about the status of the "no parking" issue on
34th Avenue. Mr. Butler
questioned why he was told that staff would not be making a recommendation, but rather
just passing it along to the City Council.
Chairman Stulberg introduced Marlin Sjaarda of 11720
38th Avenue North. Mr. Sjaarda
stated he represents MotivAction. He commented that they would like to move their
company into a building like this, as it would allow flexibility that their current facility
does not. He explained that MotivAction is a performance improvement company, which
helps clients determine their business needs and come up with incentives and monitor
performance. They do not warehouse any catalog items, only process orders. Mr. Sjaarda
said there is no warehouse staff, only professional office staff. They put together travel
packets, which includes schedules, tickets, and travel wallets. They only receive deliveries
from U.P.S. or FedEx trucks. They may have a delivery every two or three weeks from
the printer. Mr. Sjaarda stated the would like to have an expansion option of 10,000
square feet for future office use.
Commissioner Ribbe asked if their operation is similar to Gage Marketing. Mr. Sjaarda
replied negatively, as Gage Marketing deals more with consumer promotions.
Chairman Stulberg introduced John Wirig of 3635 Zanzibar Lane. Mr. Wirig stated he is
concerned about only one entrance to the property. He said that there is no guarantee if,
and when the property to the east will develop for a future entrance. Mr. Wirig said that
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December 16, 1997
Page #274
the Commission should consider an emergency access. Mr. Wirig commented that this
particular tenant indicates no truck traffic or bays, but asked about future tenants.
Chairman Stulberg introduced Jill Wolpert of 3625 Zanzibar Lane. Ms. Wolpert asked
who the residents can trust. She stated that the general description was wrong in the legal
notice and the property notice. She said just re -mailing the notice doesn't cover everyone
that lives outside 500 feet. Ms. Wolpert stated that staff told her the only thing that has
changed is the request to allow up to 40 percent of the gross building floor area for
accessory use. She said she was told that staff's recommendation had not changed. Ms.
Wolpert asked how conditional use permits are monitored, and how nonconformance
issues are addressed. Ms. Wolpert referenced Resolution 97-343 asking how the city can
give property to a developer for private use and economical gain. She asked if
MotivAction would exceed the 40 percent if they expand. Ms. Wolpert wanted to know
why a fire lane isn't required on the site. Ms. Wolpert presented a letter dated December
9, 1997 from Roger Handberg of 3630 Zanzibar Lane.
Chairman Stulberg introduced John Dixon 3605 Black Oaks Lane. Mr. Dixon stated his
primary concern is safety.
Chairman Stulberg closed the public hearing.
In response to issues raised, Planner Lindahl stated that the site only has one access over
the outlot. The State would not allow access onto Highway 55, and wetlands prevent
access off of Rockford Road. A condition of the Site Plan that was approved is that they
look into the possibility of securing access over the property to the east. City Engineer
Faulkner commented that it is not unusual for developments to go in with only one access
with the possibility of future accesses. Director Hurlburt stated that the city has not
received any current development plans to the east. She said that depending upon what
may be proposed for the Harstad property, they may not be able to have access from that
site. The only access to that property is off of Vicksburg Lane, and the traffic studies
indicate that it may be more dangerous to have added traffic onto Vicksburg Lane. She
indicated that there may be a possibility of seeing something proposed for the Harstad
property by early spring. Commissioner Thompson asked if the current access is safe,
given the assumption for no other access. Director Hurlburt replied affirmatively.
Director Hurlburt stated that staff did discuss emergency access and where they would be
responding from. Staff concluded they would be coming from Fire Station III on Dunkirk
with
36th
Avenue as the most likely route. She said that there are representatives from fire
and public safety that reviewed the plans for this project.
Planner Lindahl explained that there is a process for any ordinance violation. If there is a
violation, staff notifies the property owner in order to obtain compliance. If they refuse to
comply, there is legal action that can be taken, but it is a lengthy process. The percentage
for accessory use will be monitored through the building permit review for tenant finishes.
Director Hurlburt noted that building inspectors would also be reviewing it as they are
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December 16, 1997
Page #275
inspecting the tenant finishes. She stated that if there is a condition for monitoring as part
of the Conditional Use Permit, staff would go out and inspect at certain times.
Commissioner Thompson asked what would be involved in the annual review of the
Conditional Use Permit. Director Hurlburt responded that staff would look at all of the
permits that were issued, talk to the owner, and go to the site if needed.
Planner Lindahl stated that the issues related to ownership of Outlot B were discussed as
part of the Site Plan and are not part of the Conditional Use Permit Amendment. She said
that the City Attorney has opined that the City owns Outlot B.
Planner Lindahl stated that the sidewalk plan does not show a sidewalk in this area, but
the City Council decided that the issue should be addressed when the Sidewalk Plan is
updated.
Director Hurlburt stated that the City Council did discuss the issue of posting "no
parking" signs along
36th Avenue, but some of the residents were concerned that they
might be short of guest area parking thus, needing the street for extra parking. The City
Council referred the issue to the Public Safety Sub -Committee, and to her knowledge they
have not talked about it yet.
Mr. Moen commented that his current plan is to build both buildings at the same time to
try to minimize the cost and the disruption to the neighborhood.
Planner Lindahl presented the Landscape Plan that was previously approved.
Planner Lindahl commented that when errors are made in notices staff addresses those
when they are brought to their attention. She explained that there is no official staff
recommendation until the final copy of the staff report is ready for distribution, as
information may come in that changes a position. She said that there is no change to the
Site Plan or Preliminary Plat as a result of this request. Planner Lindahl stated that no
tenant can have more than 40 percent gross floor area for accessory warehouse, assembly,
etc. She said that MotivAction intends to build out some office space and use the
remainder as warehouse.
Commissioner Ribbe commented that the one tangible thing that has changed is there is a
proposed tenant, which should answer many of the concerns. He asked if there a method
to add to the conditions of the Conditional Use Permit Amendment that relates it to the
type of tenant that MotivAction represents. Director Hurlburt replied negatively, as it is
too difficult to cast definitions to one use, as you have to encompass a whole district for
uses.
Commissioner Thompson thanked the neighborhood for using a spokesperson and keeping
the comments to a minimum. He said that the City Council didn't agree with the Planning
Commission and changed the percentage of accessory manufacturing, assembly and
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December 16, 1997
Page #276
warehouse uses to 40 percent allowed. He stated that in order for the Planning
Commission to deny the Conditional Use Permit Amendment, the City would have to
prove that the project will negatively impact the neighborhood. Commissioner Thompson
stated that he is convinced the safety issue is handled. He said he would like staff to take
a serious look at the annual review process if the project is approved so the truck traffic
does not become overwhelming. Commissioner Thompson concluded, stating he is in
favor of the proposal.
Commissioner Koehnen asked if Condition #5 of the resolution is enough to ensure
compliance. Director Hurlburt replied affirmatively. The staff has to review all conditions
of the Conditional Use Permit Amendment. If staff find that the project doesn't meet the
conditions, the City can take action by either revocation or modification of the Conditional
Use Permit Amendment. Planning Supervisor Senness added that planning staff reviews
all building permit applications for commercial sites.
MOTION by Commissioner Ribbe, seconded by Chairman Stulberg recommending
approval of a Conditional Use Permit Amendment for Moen Leuer Construction for
property located south of
36th
Avenue, north of Highway 55 and east of Rockford Road.
Commissioner Koehnen commented that she would support the motion, as the concerns
have been outlined and she has faith that staff will follow through and check for
compliance. Commissioner Ribbe stated he would like to be able to separate and identify
functions to eliminate heavy truck traffic. Director Hurlburt responded that the
commission would need a basis of fact for doing so. Chairman Stulberg stated that if the
truck docks are glassed in, it would be hard to conduct a business for manufacturing.
Commissioner Stoebner stated that there is no assurance that the developer would do that.
Planner Lindahl stated that the applicant has to show they can provide a loading dock for
each space - glassing them in is a minor Site Plan Amendment and can be done as part of
the building permit. Director Hurlburt commented that there is no assurance that
MotivAction will be the tenant for the building.
Roll Call Vote. 4 ayes. MOTION approved unanimously.
7. NEW BUSINESS
A. COMPREHENSIVE PLAN UPDATE
David Licht of Northwest Associated Consultants gave an overview of the Tactics Report.
He stated that the Tactics Report is an attempt to set the direction of the Comprehensive
Plan.
Mr. Licht stated that they are underway with the inventory document to be largely
completed by the first of the year. He hopes to have draft planning documents by the first
of February, along with schedule of public meetings.
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Page #277
Commissioner Stulberg asked for the Commission to be notified as soon as feasible with
possible dates for the public meetings.
Commissioner Ribbe stated he could not attend the January 6th Planning Commission
Meeting. Commissioners Koehnen and Thompson were unsure if they could attend either.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner to adjourn.
Vote. 4 Ayes. MOTION carried unanimously. The meeting was adjourned at
10:23 p.m.