HomeMy WebLinkAboutPlanning Commission Minutes 08-06-2014Approved Minutes
City of Plymouth
Planning Commission Meeting
August 6, 2014
MEMBERS PRESENT: Chair James Davis, Commissioners Bryan Oakley, Marc Anderson,
Dick Kobussen, Gary Goldetsky, Gordon Petrash, Jim Kovach
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior
Planner Marie Darling, Associate Planner Kip Berglund
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Kovach, seconded by Commissioner Goldetsky, to approve the
August 6, 2014 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE JULY 16, 2014 PLANNING COMMISSION MEETING
MINUTES
B. EGAN COMPANY (2014051)
Request by Egan Company for a site plan amendment to allow a rooftop generator at the building
located at 14305 21st Avenue.
C. HEDBERG AGGREGATES, INC. (2014062)
Request by Hedberg Aggregates, Inc. for a variance to allow a six-foot fence/gabion wall in a
front yard and to allow welded -wire gabion walls as a permitted fence style on property located
at 1125, 1135 and 1205 Nathan Lane.
MOTION by Commissioner Goldetsky, seconded by Commissioner Kobussen, to approve the
consent agenda. Vote. 7 Ayes. MOTION approved.
6. PUBLIC HEARINGS
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A. LAKE WEST DEVELOPMENT, LLC (2014035)
Chair Davis introduced the request by Lake West Development for a preliminary plat for
Fretham 23rd Addition" for five single family lots on property located at 18025 County Road 6.
Senior Planner Darling asked the Commission to open the public hearing and continue it to the
September 3, 2014 meeting to allow the applicant time to address an outstanding issue.
Chair Davis opened the public hearing.
MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to recommend
continuing the public hearing to September 3, 2014 for the request by Lake West Development
for a preliminary plat for "Fretham 23rd Addition" for five single-family lots on property located
at 18025 County Road 6.
Vote. 7 Ayes. MOTION approved unanimously.
B. PLYMOUTH HOLLY CREEK LLC (2014050)
Chair Davis introduced the request by Plymouth Holly Creek LLC for a preliminary plat for
Serenity on Plymouth Creek" for ten single family lots on property located at 4225 and 4245
Dunkirk Lane.
Associate Planner Berglund gave an overview of the staff report.
Commissioner Kobussen confirmed that the City still requires two trees to be planted in the front
yard of each home and questioned why the trees are placed on the property line. He explained
that with this placement it makes it difficult to determine who owns the tree and who is
responsible for the maintenance of the tree.
Associate Planner Berglund stated that staff agrees with that point and has discussed the item
with the applicant and project engineer. He believes that the location of the trees will be slightly
different to ensure that they do not straddle the lot line.
Chair Davis referenced an application, which came before the City in 2007, that had been
proposed by another developer, with ten homes proposed in the preliminary plat and nine homes
approved in the final plat. He questioned why that change occurred and why this request is again
at ten homes.
Associate Planner Berglund responded that the sizes of the house pads had changed in the 2007
review between the preliminary and final plats. He confirmed that this request is using the
smaller house pads, which would meet the setbacks and accommodate ten lots.
Chair Davis introduced the applicant, K.C. Cermak, Plymouth Holly Creek LLC, who stated that
he owns a home building company titled Pillar Homes. He stated that it has been pleasant to
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work with staff and noted that this project is similar to the 2007 project with some changes to
bring it better in tune with today's market. He believed that the product he is proposing would
do well in today's market.
Chair Davis opened the public hearing.
Chair Davis introduced Michael Peterson, 16810 41" Avenue. Mr. Peterson stated that he would
like to hear more regarding the potential impact to the stream and water management as well as
running additional power lines, specifically the Xcel project. He also referenced the home sizes
and wanted to ensure that there was consistency in home size and product with adjacent
neighborhoods.
Chair Davis closed the public hearing.
Mr. Cermak stated that the pond will accommodate the water onsite and overflow water will be
released into the creek. He noted that the water requirements will be met in accordance with the
watershed. He referenced the issue of power lines, noted that he intends to bury all power lines,
and would have no control over the Xcel project. He referenced the issue of home values and
sizes and noted that the market is gearing towards smaller homes but would be priced in the
800,000 range. He stated that the end product will not detract from adjacent home values,
noting that homes in an adjacent neighborhood have recently sold in the $500,000 range. He
stated that although the homes are smaller, the product quality is higher as these are custom
homes.
Chair Davis questioned if there is a sidewalk proposed along Dunkirk.
Associate Planner Berglund responded that there is an existing sidewalk along the east side of
Dunkirk but advised that at this point there is not a sidewalk proposed along the west side of
Dunkirk.
Commissioner Petrash noted that this proposal meets all the City requirements.
MOTION by Commissioner Petrash, seconded by Commissioner Goldetsky, to recommend
approval of the request by Plymouth Holly Creek LLC for a preliminary plat for "Serenity on
Plymouth Creek" for ten single family lots on property located at 4225 and 4245 Dunkirk Lane.
Roll call vote. 7 Ayes. MOTION approved unanimously.
C. PLYMOUTH INDUSTRIES (2014056)
Chair Davis introduced the request by Plymouth Industries for a conditional use permit to allow
retail sales of asphalt emulsion on property located at 2601 Niagara Lane.
Senior Planner Drill gave an overview of the staff report. He said one letter has been added to the
public hearing record.
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Commissioner Petrash questioned the odor requirements within the City.
Senior Planner Drill responded that there is a nuisance ordinance and noted that the City follows
the State Pollution Control Agency (PCA) requirements regarding odor but would be able to
enforce under the nuisance ordinance.
Commissioner Goldetsky questioned if the commission would be able to detect the odor if a five -
gallon pail of the substance were in the room.
Senior Planner Drill responded that the applicant would be able to provide further input but
noted that the system would be closed and would never be in an open bucket situation.
Commissioner Petrash noted that in many instances a dike is required in the case of a chemical
spill and confirmed that there would be a requirement of that nature included in the building
permit.
Chair Davis introduced the applicant, Michael Anderson, representing Plymouth Industries, who
stated that he is present to answer any questions. He referenced the issue of odor and noted that,
as with any odor, someone would be able to detect it if left in an open container in the room. He
explained the process that includes a pressurized container that forces the mixture together with
rock to fill potholes. He stated that you would not detect the odor when filling potholes. He
stated that the PCA does not require a dike to be installed but advised that the tank is reinforced
with two layers.
Commissioner Kovach referenced the MPCA standards and confirmed that there would not be
contamination of groundwater.
Mr. Anderson explained that because of heating requirements the equipment would only be
usable during approximately nine months of the year. He confirmed that there would be
containment measures onsite. He confirmed that the equipment would be in an area setback
from the fence and would be protected from traffic.
Commissioner Oakley asked the applicant to trace the path of an outbound load.
Mr. Anderson identified the dock doors of the building and traced the path that would be used for
outbound load, noting the existing fence would be moved to allow for easier maneuvering.
Chair Davis opened the public hearing and closed the public hearing, as there was no one present
to speak on the item.
MOTION by Commissioner Oakley, seconded by Commissioner Kovach to recommend
approval of the request by Plymouth Industries for a conditional use permit to allow retail sales
of asphalt emulsion on property located at 2601 Niagara Lane.
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Roll call vote. 7 Ayes. MOTION approved unanimously.
D. SCHERER LIMITED PARTNERSHIP (2004051)
Chair Davis introduced the request by Scherer Limited Partnership for a conditional use permit
and variance amendment to allow medical, dental and chiropractic uses in the office building
located at 18205 45th Avenue.
Senior Planner Darling gave an overview of the staff report.
Commissioner Petrash stated that his perception is that these buildings have been vacant and that
it has been hard to retain occupancy. He questioned the percentage of occupancy of the
buildings at this time.
Senior Planner Darling stated that currently seven of the 11 units have been sold and are
occupied, which is 64 percent of the units. She confirmed that the potential for medical uses
would apply to all units of this building, should that be approved. She advised that any
additional medical uses would need to come back before the commission to ensure parking could
be provided.
Chair Davis questioned if the 11 units were housed in the one building or between the two
buildings.
Senior Planner Darling responded that there are three buildings within the development and
specific to the two buildings in reference, there are four condominiums in each building. She
confirmed that parking is shared between the buildings within the same development. She noted
that there would be sufficient parking should all 11 units be occupied as general office but noted
that additional parking spaces would be needed should all 11 units be occupied as medical.
Planning Manager Thomson noted that the patronage, given the size of the units, would be less
than a typical medical clinic, which is why the parking requirement may be lessened.
Commissioner Petrash believed that a sleep study center had been planned in this area
previously.
Senior Planner Darling responded that several years prior, there was a request to use both
buildings as a memory care facility, but that proposal did not move forward.
Commissioner Goldetsky questioned if there were any objections from the other tenants in
regard to the possible change to allow medical and dental uses.
Senior Planner Darling responded that she has not received any calls or concerns from other
tenants regarding this request. She stated that the applicant spoke with the tenants and would be
able to provide additional input.
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Chair Davis questioned the number of parking stalls existing in the lot.
Senior Planner Darling indicated there are 77 parking stalls.
Commissioner Petrash noted that this request would allow for less parking than required.
Chair David noted that he drives past this location and notices that there is a lot of vacant parking
stalls.
Commissioner Petrash stated that this appears to have been vacant for some time and believed
that it would be nice to see occupancy.
Commissioner Oakley questioned if there is a plan or consideration to modify the parking
ordinance for smaller office uses.
Senior Planner Darling responded that there is language included in the ordinance, which allows
staff to amend the parking requirements if the applicant can provide proof that their parking
demand is lessened. She provided examples where staff has exercised this option in the past.
Planning Manager Thomson added that staff was unable to process this request administratively
because of the condition previously noted and explained that is why an amendment was
necessary. She noted that if the specific condition had not been included in the conditional use
permit (CUP), staff may have been able to process the parking request administratively.
Commissioner Anderson questioned what would occur if the parking estimations were not
correct and the parking demand exceeds the available spaces.
Senior Planner Darling responded that the applicant would then be required to review their site to
determine where additional parking could be provided, or to review their tenant regulations to
limit parking.
Commissioner Petrash stated that there are a lot of parking lots within the City that could use
more parking and questioned if the addition or more parking stalls could be driven by the City or
whether that is market driven and left to the building owner.
Senior Planner Darling stated that if the situation causes a public hazard, the City can then
require additional parking, noting that this instance would be governed by a CUP, which the City
can use to enforce additional parking if needed.
Planning Manager Thomson reviewed the language in the draft resolution that states the City can
require additional parking if necessary.
Chair Davis introduced the applicant, David Olson, representing Scherer Limited Partnership,
who explained that he has a potential occupant that would like to open a dental practice in the
location. He believed that there would be sufficient parking available and noted that he would
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not want to place himself in the position where parking is not available for future tenants. He
believed that this tenant would fit with the professional mix of occupants.
Commissioner Goldetsky questioned if there have been any objections from the existing tenants
to this use.
Mr. Anderson responded that he had emailed the current tenants to notify them of this potential
use and did not receive any response or concern. He noted that there have been other businesses
that expressed interest in the sites but did not fit with the professional setting of the buildings.
Chair Davis confirmed that the units are composed of two stories.
Commission Petrash questioned if some of the units have garages.
Mr. Anderson confirmed that there are units with garages and noted that some of the tenants like
to park their vehicles inside the garages, while others use their garage as a display area.
Chair Davis opened the public hearing and closed the public hearing, as there was no one present
to speak on the item.
Commissioner Petrash stated that he was supportive of the request, as he would like to see the
site occupied.
Chair David stated that he would also like to encourage more units to be occupied.
MOTION by Commissioner Petrash, seconded by Commissioner Goldetsky to recommend
approval of the request by Scherer Limited Partnership for a conditional use permit and variance
amendment to allow medical, dental and chiropractic uses in the office building located at 18205
45th Avenue.
Roll call vote. 7 Ayes. MOTION approved unanimously.
7. ADJOURNMENT
MOTION by Chairman Davis, with no objection, to adjourn the meeting at 7:58 P.M.