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HomeMy WebLinkAboutPlanning Commission Minutes 10-10-1990CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 10, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m, MEMBERS PRESENT: Commissioners John Wire-, Hal Pierce, Dennis Zylla, Joy Tierney, Larry Marofsky, and Michael Stulberq (arrived at 8:55 p.m.). MEMBERS ABSENT: Chairman R4chard Plufka. STAFF PRESENT-. Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Sr. Clerk/Typist Denise Lanthier. MINUTES 40 MOTION by Commissioner Zylla, seconded by Commissioner Tierney, to approve the Minutes for the September 26, 1990, Planning Commission Meeting. Vote. All Ayes, MOTION carried. Acting Chairman Wire introduc-d the continuation of Public Hearing on the 1991.1995 Capital Improvements Program. Acting C'hairr,,-N Wire introduced Fred Moore, Director of Public Works. Mr. Moore stated that lie had no comments and that he would be available to answer any questions. Acting Co airman Wire opened the Public Hearing. Acting Chairman Wire introduced Marilyn Thompson of 11018 Old County Load 15. Ms. Thompson asked f Item 912 under "Street Improvements" is still being proposed for the year 1992 since, Robert Larsen Partners has withdrawn its application for development of a shopping center,. Ms, Thompson stated she would Tike to see this street !Improvement moved back to a later date. MOTION TO APPROVE VOTE - MOTION CARRIED 1991-1995 CAPITAL IMPROVEMENTS PROGRAM Planning Commission Minutes October 10, 1990 Page 114 Mr. Moore responded that it is unlikely this street improvement would happen afty sooner, but he stated that some other developer may make application for development in that area which would move it forward. He would not recommend moving it back at this time either. Acting Chairman Wire introduced Sherin Goldberg of 12115 45th Avenue North. Mr. Goldberg asked why Item #26 under "Street Improvements" does not show the extension of Vinewood Lane south to Xenium Lane. Mr. Goldberg stated he would like to see this street improvement moved forward to the year 1991. Commissioner Marofsky asked Mr. Goldberg how he thinks the City should handle the cost of this street improvement. Mr. Goldberg responded that the City has policies on how to assess the cost of such an improvement. Commissioner Marofsky a, -!,.Pd Mr. Moore if he had any more thoughts on the extens 4i of 26th Avenue North, to East Medicine, Lake Boulevard. Mr. Moore responded that the extension would depend upon development in that area,. Commissioner Marofsky asked if the Trammell Crow project on Berkshire Lane will generate enough traffic on County Road. 9 to warrant a traffic signal. Mr. Moore responded that a traffic signal is warranted Mw, and stated that it is part of the Capital 11,11provements Program under Item #11. MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to recommend approval of tho "Street Improvements" portion of the 1991.1995 Capital Improvpments Program. MOTION by Commissioner Marofsky, seconded by Commissioner Zylla, to amend Item, #14 under "Street Improvements"' to include the, extension of 26th Avenue North to East Medicine Lake Bo4levard. Roll Call Vote. 5 Ayes. MOTION to amend carried. MOTION, by Commissioner Zylla, seconded by Commissioner Pierce, to amend Item #12 (County Road 73) under "Street Improvements" to move the date of improvement from 1992 to 1993. MOTION TO APPROVE STREET IMPROVEMENTS" PORTION OF THE CAPITAL IMPROVEMENTS PROGRAM MOTION TO AMEND UTE - MOTION TO A'"Nrl CARRIED MOTION TO AMEND 0 Planning Commission MinL,-.,os October 10, 1990 - Page 175 Commissioner Zylla stated that the need for this improvement is based on traffic count and that it is not likely to happen in 1992. Poll all. Vote. 5 Ayes. MOTION to amend carried. MOTION by Commissioner Marofsky, seconded by Commissioner Zylla, to amend Item #26 (Xenium Lane) under "Street Improvements" to move the date of improvement to 1993. Roll Call Vote. 5 Ayes. MOTION to amend carried. Roll Call Vote on Main Moticn. 5 Ayes. MOTION carried. MOTION by Commissioner Marofsky, seconded by Commissioner Pierce lo recommend, approval of the "Sewer and Water" portio, i the 1991-1995 Capital improvements Program. Roll Call Vote. 5 Ayes. MOTION carried. MOTION by Commissioner Marofsky, seconded by Commissioner Zylla, to recommend approval of the remaining 1991-1995 Capital Improvements Program with no recommendation mad-, regarding the Community Center. Commissioner Zyfla stated that by this motion the Planning Commission is assuring they are not making a political statement regarding the Community Center. Roll Call Vote. 5 Ayes. MOTION carried. Acting Chairman Wire introduced the continuation of Public Hearing for Markham Sporting Goods for a rezoning, Conditional Use Permit, and variance to the Urban Development Policy for Markham Sporting Goods located north of Highway 55 and west of Peony Lane (18110 Highway 55). Coordinator Dillerud gave an overview of the September 6, 1990, staff report. Acting Chairman Wire introduced Richard Bloom, representing the petitioner. Mr. Bloom stated that they desire to withdraw their application for Urban Development Policy variance and rezoning and apply for a Conditional Use Permit for Lots 8 and 7. Mr. Bloom stated that they also want to make modifications to the Site Plaii. Acting Chairmidan Wire opened the Public Hearing. VOTE - MOTION TO AMEND CARRIED. MOTION 1*0 AMEND VOTE - MOTION TO AMEND CARRIED VOTE - MAIN "TION, CARRIED MOTION TO AK -":,,VE SEWER AND WATER"" PORTION OF THE CAPITAL IMPROVEMENTS PROGRAM VOTE - MOTION CARRIED MOTION TO APPROVE REMAINING CAPITAL IMPROVEMENTS PROGRAM VOTE - MOTION CARRIED MARKHAM SPORTING GOODS 90041) Planning Commission Minutes October 10, 1990 Page 176 Acting Chai,xtwa% Wire introduced Pat Rupar of 18140 Highway 55 Ms. Rupar stat --d she did not desire to comment Acting Charman Wire closed the Public Hearing. Commissioner Marofsky askedstaff what happens to the existing violations following the withdrawal.. Coordinator Dillerud responded that the City has not received a written notice for withdrawal., If such notice is given, the violation processing will proceed, MOTION by Commissionei rlarofsky, seconded by Commissioner Zylla, to recommend denial of the request by lay kham Sporting Goods for variances to the urban Devel, cent Policy for Markham Sporting Goods located north of Highway 55 and west of Peony Lane (1811.0 Highway 55) , subject to the findings set forth by staff in their September 6, 1990, staff report.. MOTION TO DENY Commissioner Marofsky stated that by this motion the Planning Commission is "putting the ball back in the petitioner's hand. is Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Acting Chairman hire introduced. the request by Trammell TRAMMELL CROW COMPANY Crow Company for a Land Use Guide Plan amendment, Mixed (90063) Planned Unit Development Concept Plan and Preliminary Plan/Plat/Conditional Use Permit; and, rezoning for Plymouth Business Center 6th Addition" located between Eernbrook Lane and Interstate 494 at 34th Avenue north. Coordinator Dillerud gave an overview of the October 5, 1990, staff report. Commissioner Marofsky asked why it would be an advantage for the petitioner to have a Planned Unit Development.. Acting Chairman Wire introduced Linda Fisher, representing the petitioner. Ms. Fisher stated' that they have made many alterations to their plan based on a neighborhood meeting in August and numerous Development Review Committee meetings. She stated the DNR regulates the Shoreland area and the City regulates the rest, so they may be able to increase the number of units. She stated that the materialsproposed to be used for the industrial portion of the site is aesthetically similar to the neighborhood and that the tenants of those buildings deal mainly, with high-tech computers. Planning Commission minutes October 10, 1990 Page 177 Ms. Fisher addressed Commissioner Marofsky's question by responding that the main reason for a PUD is because of the, City's concern of locking in the entire parcel. She added that it is cleaner to have two buildings on one lot with a PUD than as a variance in a conventional plat. Acting Chairman Wire introduced Gene Ernst, landscape architect representing the petitioner. Mr. Ernst gave a presentation on the transition from the adjacent neighborhood to the proposed industrial site and. multi -family residential. He emphasized that there is adequate buffering between the sites due to the natural site features (tree density), retaining walls, and long distances between the sites. Commissioner Wire asked what buffering would be available for the proposed townhomes from the industrial site. Mr. Ernst responded that there are dense conifers to screen the residents of the townhomes from the industrial site. Commissioner Tierney asked how the road access to Annapolis Lane versus 35th Avenue North will impact the proposed residential area. Coordinator Dillerud responded that it is a factor of relative. incompatibility. The multi -family traffic on 35th Avenue North would be less desirable than the multi- family access to Annapolis Lane. Acting Chairman Wire opened the Public Hearing. Acting Chairman Wire introduced Lowell Turner of 3430 Fernbrook Lane North. Mr. Turner st6ted he was not in favor of the proposed plan. He expressed concern for inadequate screening and the traffic and noise that would be generated by this industrial site. Commissioner Wire noted the Planning Commission's receipt of a letter from John and Jeanne Starr of 3450 Fernbrook Lane North expressing opposition of the proposed, plan. Commissioner Marofsky asked what the property on the northwest corner of the site will be used for. Mr. Griffith, representing the petitioner, responded that the property on the northwest corner is City-cwned for a culvert under Fernbrook Lane. Planning Commission Minute4 October 10, 1990 Page 178 Commissioner Marofsky asked if there was a study done for increased traffic.,.- , as done in 199.9 per theMs. Fisher respor' 11, hat twl, I City's request, -.ere that the land use change will have "'Iffect on traffic. City Engineer Fauli that there would be a right turn lane for north hound traffic off Fernbrook Lane to 34th Avenue North. Commissioner Zylla asked what the construction timing will be on Building C. Mr. Griffith responded that it would be a minimum, or 4 years before they tiould,begin construction of Building C. Commissioner Zylia asked if there was anything on the west side of Annapol.s to be developed now. Mr. GriFfithresponded negatively. Commissioner Zylla asked if it would be possible to not develop the multi -family site or to reguide differently, suet as single family. Mr. Griffith respondedthat they cannot achieve much more density than now proposed. Commissioner Tierney expressed concern for the children of the proposed residential area because of the volume of large trucks that will be going to and from the industrial situ on Annapolis Lane. She noted that they may have to catch the school bus on, Annapolis Lane. Mr. Griffith stated that staff is recommending 35th Avenue North be terminated with a cul-de-sac. Acting Chairman Wire introduced John Ephardt of 14140 35th Avenue North. Mr. Ephardt stated that neither Annapolis Lane nor Fernbrook Lane are good for bus stops. Acting Chairman Wire introduced Carlton Edman of 14130 35th Avenue North. Mr. Edman stated he is in opposition of the proposed plan. Acting Chairman Wire closed the Public Hearing, Commissioner Stulberg arrived at 8:55 p.m. Planning. Commission Minutes October 10, 1990 Page 179 MOTION by Commissioner Zylla, seconded by Commissioner Marofsky, to recommend approval of the Land Use Guide Plan amendment, Mixed Planned Unit Development Concept Plan and Preliminary Plan/Plat/Conditional Use Permit; and, rezoning for "Plymouth Business Center 5th Addition" located between Fernbrook Lane and Interstate 494 at 34th Avenue North, subject to the conditions set forth by staff in their October 5, 1990, staff report. MOTION by Commissioncr Maraftsky, seconded by Commissioner Zylla, to amend the main motion by adding a condition to the Mixed Planned Unit Development Preliminary Platt/Plat and Conditional Use Permit approving resolution stating that landscaping on Lot 2, Block 2 shall be done at existing grades to the maximum extent possible concurrent Aith the development of the initial plat and/or Site Plan within the PUD. I Commissioner Zylla stated that development adjacent to existing homes is likely to be several years away. Any potential conflicts may be rasolved by that time. Roll Call Vote. 5 Ayes. Commissioner Stulberg abstained. MOTW11'. to amend carried. Coi iniasioner Zylla stated that he believes this is a reasonable plan. He stated that he prefers down -guiding to keep scale and density down. Commissioner Tierney stated she concurs with Commissioner Zylla, She stated she believes the proposed, multi -family residential area does not fit in with the rest of the site be-ause of access to Annapolis Lane. She stated that the petitioner should construct the entire site as R-3 or somehow tie the residential area in to 35th Avenue North. Commipzsioner Tierney stated the proposed plan, makes the residents of the proposed multi -family site "second class citizens." Roll Call Vote on Mair Motion. 5 Ayes Commissioner Stulberg abstained. MOTION carried. Acting Chairman Wire called for a recess at 9:20 pm. Acting Chairman Stulberg reconvcned the meeting at 9.25 p.m. Acting Chairman Stulberg introduced the request by Independent School District #284 (Wayzata) for an amended Site Plan, Conditional Use Permit and Zoning Ordinance variance to increase off-street parking for "Gleason Lake Elementary School" located at the northwest corner of First Avenue North and County Road 101. MOTION TO APPROVE MOTION T9 AMEND VOTE - MOTION TO AMEN' CARRIED. VOTE - MAIN MOTION CARRIED INDEPENDENT SCHOOL DISTRICT #284 (90065) Planning Commission. Minutes October 10, 199O Page 180 Acting Chairman Stulberg waived the overview of the October 3, 1990, staff report. Acting Chairman Stulberg introduced Stan Tikkanen, Executive Director of Independent School Distric:' #284 representing the petitioner. Mr. Tikkanen stated that their intent is to provide additional parking, light, and sionage. He stated that he believes there is, a hardship basis for the north setback variance: because of the small site and the necessity of maintaining the play areas. qe stated that the public and neighborhood will benefit greatly by improving existing parking conditions and removing congestion from City streets. Acting Chairman Stulberg introduced Jack Weeks, principal of Gleason Lake Elementary School representing the petitioner. Mr. Reeks stated that his school employs 70 people and they only have 66 parking spaces. He stated this causes a problem along with the other activities the school conducts during, the day. He stated the public is getting tagged for parking on streets. Mr. 'Meeks stressed that the proposed variance is for normal, every day use.. Acting Chainr.an Stulberg opened the Public Hearing. There was no one present to speak on the issue. Acting Chairman Stulberg closed the Public Hearing. Commissioner Pierce asked if the setback would be the same if the Luce Line were not there. Coordinator Dil4erud responded affirmatively. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Zylla, to recommend approval of the request by Independent School District #284 (Wayzata) for an amended Site Plan, Conditional Use Permit and Zoning Ordinance variance to increase off-street parking at "Gleason Lake Elementary School" located at the northwest corner of First Avenue North and County road 101, subject to the conditions set forth by staff in their October 3, 1990, staff report. Commissioner Marofsky stated that City needs to amend the Ordinance for the provision of adequate parking. Coma4ssioner Tierney stated that she has visited the school, and she believes there is a definite need for additional parking. Planning Commission Minutes October 10, 1990 Page 181 Commissioner Marofsky stated that if this were a business, the site would be considered over -utilized. MOTION by Commissioner Tierney to amend the main motion by adding a condition to the approving resolution stating that berming shall be required parallel to the Luce Line. Motion failed for lack of a second. Commissioner Stulberg stated he believes the variance criteria have not been met. MOTION TO AMEND MOTION FAILED NO SECOND MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO AMEND Marofsky, to amend the main motion by deleting Condition 7 of the approving resolution and adding a conditio.-i stating that no variances are granted due to the finding that the criteria have not been met. Roll Call Vote. 2 Ayes. Commissioners Wire, Pierce, Zylla, and Tierney Nay. MOTION to amend failed. Roll Call Vote on Main Motion. 4 Ayes. Commissioner Marofsky and Acting Chairman Stulberg Nay. MOTION carried. Acting Chairman Stulberg introduced the request by Independent School District #284 (Wayzata) for an amended Site Plan and Conditional Use Permit to increase off- street parking at "Plymouth Creek Elementary School" located at the southwest corner of 41st Avenue North and Vicksburg Lane. Acting Chairman Stulberg waived the overview of the October 3, 1990, staff report. Acting Chairman Stulberg introduced Stan Tikkanen, Executive Director of Independent School District #284 representing the petitioner. Mr. Tikkanen asked the Commission for their consideration to keep the paving at the southeast corner that is currently in violation of the Zoning Ordinance for purposes of snow removal storage. Acting Chairman Stulberg asked staff if they agreed with the petitioner's reason for keeping the improvement. City Engineer Faulkner responded negatively. Acting Chairman Stulberg opened the Public Hearing. There was no one present to speak on the issue. Acting Chairman Stulberg closed the Public Hearing. VOTE - MOTION TO AMEND FAILED VOTE - MAIN MOTION CARRIED INDEPENDENT SCHOOL DISTRICT #284 Planning Commission Minutes October 10, 1990 Page 182 MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to recommend approval of the request by Independent School District #284 (Wayzata) for an amended Site Plan and Conditional Use Permit to increase off-street parki=ig at "Plymouth Creek Elementary School" located at the southwest corner of 41st Avenue North and Vicksburg Lane, subject to the conditions set forth by staff in their October 3, 1990, staff report. Commissioner Marofsky asked staff what harm there would be by keeping the improvement and posting a "no parking" sign. Coordinator Di'llerud responded that would be tempting utilization for parking purposes. Cominissioner Stulberg stated that the public could also impede on the fire lane. Coordinator Dillerud stated the petitioners could put up a concrete bollard for this area. Commissioner Pierce asked if shortage of parking at schools is a common problem within the City of Plymouth. Co,'rdinator Dillerud responded that current school utilization may differ from Zoning Ordinance assumptions that are the basis for the parking standards. MOTION by Commissioner Wire to amend the main motion by deleting Condition #7 on the approving resolution. Motion failed for lack of a second. Roll Call Vote, 6 Ayes. MOTION carried. ADMINISTRATIVE MOTION by Commissioner Marofsky, seconded by Commi-_:sioner Pierce, to direct staff to review the Ordinance for parking at schools. Vote. All Ayes, ADMINISTRATIVE MOTION carried. Acting Chairman Stulberg introduced the request by Baton Corporation for an amended Residential Planned Unit Development Plan, Conditional Use Permit, and Final Site Plan to increase off-street parking at "Parkside Apartments" located at the southwest corner of Old County Road 9 and 41st Avenue North. Coordinator Dillerud gave an overview of the October 4, 1990, staff report. MOTION TO APPROVE MOTION TO AMEND MOTION FAILED NO SECOND VOTE - MOTION CARRIED ADMINISTRATIVE MOTION VOTE - ADMINISTRATIVE MOTION CARRIED BATON CORPORATION (A- 338) Planning Commission Minutes October 110, 1990 Page 183 Commissioner Tierney asked if the ora for one tree replacement is to replace trees species by species. Coordinator Dillerud responded the one for o -i-, ratio is for numerical replacement by size based on the, Landscape Policy of minimum size standards. Acting Chairman Stulberg introduced Randy 7-eidlik, representing the petitioner. Mr. Zejdlik stated that Parkside Apavtments is running into problems with residents having dual autos, boats, etc. He stated that Parkside Apartments are willing to buy back garage spetces from tenants to provide for more parking spaces. Acting Chairman Stulberg opened the Public Hearing. Acting Chairman Stulberg introduced Bob Donley of 11740 38th Avenue North. Mr. Donley stated be is in favor of the proposed plan. He stated that 41st Avenue North and Jonquil Lane should have no parking" posted on the streets. He stated there is insufficient lighting for those streets and that he would like to see 41st Avenue North realigned. City Engineer Faulkner stated that Mr. Donley could petition his requests to the City. Coordinator Dillerud stated that the current parking at Parkside Apartments meets Zoning Ordinance standards. Commissioner Stulberg stated that the Zoning Ordinance does not regulate how many cars a person can own. Mr. Zejdlik stated the tenants are aware that tthey are not allowed to park ct-1 the streets. He further stated that the current parking situation will impact Parkside Apartments' ability to rent out units. MOTION by Commkssioner Zylla, seconded by Commissioner Wire, to recommend approval of the request by Baton Corporation for an amended Residential Planned Unit Development Plan, Conditional Use Permit, and Final Site Plan to increase off-street parking at "Parkside Apartments" located at the southwest corner of OTd County Road 9 and 41st Avenue North, subjp-t to the conditions set forth by staff in their October j, 1990, staff report. Roll Call Vote. 6 Ayes. MOTIOR carried, Acting Chairman Stulberg continued the Public Hearing for amendment to the Zoning Ordinance to the October 24, 1990, Planning Commission Meeting. MOTION TO APPROVE VOTE - MOTION CARRIED ZONING ORDINANCE AMENDMENTS Planning Commission Minutes October 10, 090 Page 184 Acting Chairman Stulb,ra introduced the request by CVN Companies, Inc. for an amended Site Plan and Zoning Ordinance variances for existing front building and parking setback for the former C.O.M.B.S. building located at the Tiorthwest corner of 27th Avnue North and 28th Avenue Forth (14605 28th Avenue North). Acting Chairman Stulberg waived the overview of the October 4, 1990, staff report. Acting Chairman Stulberg introduced Dennis Buratti, representing the petitioner. Mr. Buratti stated that QVC has taken over management for CVN Companies, Inc. and that the parking lot problem was not created by the current owner. Commissioner Marofsky asked what hardship exists. Mt. Aratti responded that 0e hardship lies in the cost of redesign due to the unique shape of the property with three street frontages/setbacks. Coimnissioner Pierce asked if the parking lot is removed, will the petitioner's use still meet Zoning Ordinance parking standards. AWL IV Coordinator Dillerud responded that he does not know the proposed uio- Acting Chain Wire introduced Michael Marqu I i ca, representing vain -';e . Mr. Margulica stated that there may be other cc rots, and they woald like to maiptai flexibility. Ht Mated they must resolve, this issue now. "e also added that the hardship lies in the functional use of the property. Commissioner I -lire asked Mr. Margulica if 47;iey will need the parking spaces. Mr. Margulica, responded affirmatively. MOTION by Commissioner Wire, seConded by Commissioner Pierce, to rocommend approval of the request by CVN Companies, Inc. for an amended Site Plan and Zoning Ordinance variances for existing buiding setback of 32.79 feet versus the Zoning Ordiannce standard of 50 feet anu parking setback to 28th Avenue Nlorth of a minimum of 25 feet versus the Zoning Ordinan,'.ae standard of 50 feet for the former C.O.M.B.S. building located at the northwest corner of 27th Avenue North and 28th Avenue N,:,Y-=h (14605 28th venue North) , deleting the last sentence in Cor d'.1t0-n #2 of the approving resolution regarding removal of asphalt. CVN COMPANIES, 90096) MOTION TO APPROVE I tic. Planning Commission Minutes October 10, 1990 Page 185 MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to amend the main motion by changing Condition #2 of the approving resolution to bring the parking into compliance with the Zo-,-.ing Ordinance and deny the narking setback variance. Roll Call Vote. 2 Ayes. Commissioners Wire, Zylla, Tierney and Acting Chairman Stulberg Nay. MOTION to amend failed. MOTION by Acting Chai rman Stulberg, seconded by Commissioner ZY'lla, to amend the main motion by adding to Condition #2 of the approving resolution a statement of findings that the Zoning Ordinance variance, criteria have been met. Roll Call Vote. 5 Ayes. Commissioner Vlarofsky Nay. MOTION to amend Carried. MOTION TO AMEND VOTE - MOT ILON TO AMEND FAILED MOTION TO AMEND VOTE - MOTION TO AMEND CARRIED Roll Call Vote on Main Motion. 117- Ayes Commissioner VOTE - HA I N Ve, T 10 N Marofsky Nay. MOTION carried. CARRIED Acting Chairmen Stulberg adjourned the meeting at 10:45 p.m.