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HomeMy WebLinkAboutPlanning Commission Minutes 01-26-1994CITY OF PLYMOUTH PLANNING COMbMSSION MDRYM JANUARY 26,1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Julie Witt, Ed Albro and Dennis Zylla. MEMBERS ABSENT: None STAFF PRESENT: Director Anne Hurl6urt, City Engineer Dan Faulkner,;, Assistant City Attorney Paul Ymninski, Associate Planner John Keho, and Planning Secretary Jackie Watson CONSENT AGENDA: RYAN CONSTRUCTION COMPANY (93140) MOTION by Commissioner Stimson, seconded by Commissioner Albre to recommend approval of the inquest by Ryan Construction Company for a Site Pian A mendment for a 75,760 square foot building expansion to the Ameridata Systems Build og at 10200; 51st Avenue North. Vote. 5 Ayes. Motion cae;ed MINUTES: MOTION by Commissioner Stimson, seconded by Commissioner Albro to approve the January 12, 1994 Planning Commission minutes. Vote. 5 Ayes, Motion carried. CARL -SON REAL ESTATE (93117) Chairman Stulberg introduced the discussion of a Land Use Guide Plan Amendment from IP to CR -2; Rezoning from I-1 to B-2 and, General Development Plan Amendment for property located at the southeast comer of Carlson Parkway and 1-494. Director Iiudburt reviewed the January 18, 1994 staff report. a Planning Commission Minutes January 26, 1994 Page 6 Assistant City Attorney Paul Kaminski stated that this is a compIttely new review and the Commissioners are not bound by any of their former actions. Chairman Stulberg opener the Public Hearing,. Chairman Stulbergintroduced I&. Robert Hoffman, representing Carlson Real Estate Company. Mr. Hoffman stated that the entire public record of events leading up to this meeting including the joint public bearing in Minnetonka were considered to be included as a part of his presentation. He stated that on December 20, 1993 the City Council made a legislative decision which approved the reguiding of this site to CR -2 and the rezoning to B-2 as being in the best interest of the community. He said that all the testimony from the public was considered by the Council in making this decision. He said that this issue tonight is completely different and questioned whether there was a legal and factual basis to reguide this property from CR -2- and B-2. He said that the typical test usually used in matters like this was whether there was a change or new information presented since December 20, 1993. He said that to rescind a zoning ordinance, the City must make their finding based on the entity= record. He said that the record contains no new information. He stated that if the guiding and rezoning were rescinded by the City that Carlson Real Estate Company would be faced with some significant damages. He said that they have spent over $250,000 already on this request, and they would suffer a $4,000,000 loss of value and $6,000,000 TIF liability if the reguiding was rescinded. He said that the Planning Commission findings for denial of the proposed project were properly rejected by the City Council, and, that there were no facts in the public record to support the findings of the Planning Commission. He said that the findings of the Planning Commission in November 1993 were ones that could not be sustained by the record. He said these were no facts in the record to support the denial of the CR -2 finding. He stated that the CR -2 site was across from a pond and not across from a residential site. He said that the other CR -2 guided sites across from this CR -2 property was adjacent to residential. He said there were several places in Plymouth where CR -2 abuts residential property such as Roeldbrd Road, the Old Plymouth Shopping Center on Highway 55, and, the area northwest of County Road 6. He said that the Downtown Plymouth area permits retail uses. Mr. Hoffman stated that the finding that CR -2 guiding will negatively impact other CR -2 guiding existing inPlymouth had no factual information supporting this in the record. He said that the finding that the reguiding would insult in an inappropriate transition between the project site and an existing residential neighborhood had no facts in the record to support this statement. Sam's would be 680 feet from the neatest residence, whereas only a 260 foot setback would be needed for an industrial site: The Planning Commission Minutes January 26, 1994 Page 7 Sam's proposal was much smaller than the previous Wal-Mart proposal and would have more landscaping, mom tree preservation and less visibility from the residential neighborhood. He said there was nothing in the public record to dispute this. Mr. Hofhnan stated that the finding of a negative impact on neighbors due to increased traffic, timing of traffic and noise generation had nothing in record to support this, such as a traffic study. He said Sam's would generate less traffic and would not affect the Transportation Plan, Sam's would generate less P.M. traffic, but more evening and weekend traffic. He said that Carison's information supported thew items. He mid that this plan does not exceed roadway design, or noise, and, that it was only a perception that tuPse impacts would be negative. He said that the finding tfA3, ; the site could be reasonably developed under the IP guiding had nn facts in the record to support this finding. The Economic Research Corporationstudy explained the unreasonableness of an industrial project. Mr. Hoffman stated that the City Council recognized the benefits that a Sam's Club would have on the community. Fre showed a chart comparing the attributes of an industrial use versus a Sam's use regard to site lines, setbacks/landscape, offsite amenities, truck traffic, building distance from homes, tax base, jobs timing, design framework manual, and weekend/evening traffic, and that even though there were some increases in the noise and traffic operations, they would have no adverse affects, Mr. Hoffman stated that the City Council asked that a covenant be required for the site to assure that a Sam's Club only would be allowed cn the site and this would run for 30 years, and would run with the land. He said he felt this covenant would have a more limiting control than the zoning. He explained that when the site was zoned I-1 it was limited in not being able to have all the uses of I-1 under the general development plan. He said it would not be easy to overturn a contractual agreement in the courts unless both sides agreed. He cited some other developments where covenants exist in Plymouth. Mr. Hoffman asked if there was in therecordthe reasonable facts needed to rezone this site. He said that there was not now nor were there any reasonable facts to support the denial of the reguiding by the Planning Commission in November 1993. He said that the City Council believed that there wee not reawnable facts to support the denial of the request. Chairman Stulberg stated that the reason the Planning Commission denied the request. for reguiding of the site at a previous' meeting was because the reguiding to CR -2 would result in an inappropriate transition between the large retail center and an existing residential neighborhood. Planning Commission Minutes January 25, 1994 Page 8 Chairman Stulberg introduced Mr. Richard Stewart of 13910 Knollway Drive South, Minnetonka. Mr. Stewart stated that he lived'behind the Toys 'R' Us store. He said that the motion. at the City Council meeting on December 20, 1993 was stated as a negative. After the vote was taken he. said he asked if this motion was properly voted on and passed. He said he felt the vote was incorrect. He stated that the covenant was not and. explained - at the Council meeting, and that because of some heavy lobbying on one individual, the decision to approve. Mr. Stewart stated that the plan approved in the early 80's established the process for development of this site, and he Carlson was asking for a major variance. He said he did not feel Carlson needed the break they are asking for. n He said that in the cases cited by Mn Hoffman where retail abutts residential property, the retail development was thele in most cases before the residential arra was developed. h Mr. Stewart stated that Carlson submitted a study stating that there would be no changes in the noise levels a.d they downplayed the fact that traffic would not impact the neighborhood. ' He said he felt the intent was to create a link between the Ridgedale Shopping Center and this site. Mr. Stewart stated that noise is difficult to project as an impact. He said the traffic on Cheshire lane was already heavy, and has been increasing. He said that industrial noise could be higher than that of a retail development, but it could also be lower. He said that most of what you are hearing are guesses. He said he did not think a two-lane road would be wide enough to handle the traffic generated from this proposal; He said that Carlson Real Estate had stated that they would not take the responsibility to widen the road if it was neoded. He said they would maim that the traffic was coming from I- 494 or Carlson Parkway. He said he was afraid that if a Sam's was constructed on this site that the developer would go back to Minnetonka to find a retail use in that City which would add to the traffic problems. He said he was also concerned with drainage from the site affecting the Knollway neighborhood. Chairman Stulberg introduced Mr. rave Nygmn of420 Berkshire Lane. Mr. Nygren commented that Mr. Hoffman was skillful and had done Ids homework. However, Mr. Hoffman stated that some of the neighboring residents were in favor of this proposal. He said that there had been only one citizen who had spoken in favor of this proposal, and that this person would not be affected by this development. He said that the Council that voted on this matter had two outgoing members, and, that this should have been held off until the new Council tookplace. He said that the addition of a required covenant created a totally different animal, changing the nature of the business. He said this was still a retail busivess and he felt it was necessary to keep residents interests at heart; Planning Commission Minutes 4_ January 26, 1994 Page 9 Chairman Stulberg introduced Mr. Dwayne Noren of 13612 5th Avenue North. _ Mr. Noren stated that this development would curate an environmental change to the Cheshire Lane area in the evenings and on the weekends, whereas an office type development would not change the environment. Chairman Stulberg introduced Mr. Jerry Leininger of 13624 5th Avenue North. Mr. Lcininger stated that previous Planting Commission decisions were in the best interest of the neighborhood and he asked them to approve the rescission. He said that the future of the neighborhood rests on the decision tonight. He said that covenant was new information. He said he spoke with two Council Members and was told that they felt they had made a hasty decision.. Chairman Stulberg introduced Ms. Dannette Hensersky of 225 Zinnia Lane. Ms. Hensersky stated that she disagreed with the comment by Mr. Iioffman that there would be no negative impact resulting from a Sam's on this site. She said that aSam's would create a huge negative impact, including a loss in value to the existing residential property, She said that the City could be creating a slum area within Plymouth if the residential area deteriorated because current owners would move to get away from such a development. She said that development should enhance all property. She said she was also concerned with water runoff, and traffic. She said that if the traffic caused a lot of congestion people would not shop at Sam's Club and it would possibly rxrt be as profitable as they hoped. She suggested that something should be done on this site that would give something back to the community, such as a park. Chairman Stulberg commented that the Planning Commission does not deal with land values. This is discussed at the Council level. Chairman Stulberg introduced Ms. Sharon Carrington of 415 Berksftire Lane Ms. Carrington stated that the Planning Commission had recommended denial of this request for 10 months. She stated that the residential development around the Target Greatland area on Rockford Road was developed after the'farget Store was completed and that those residential citizens knew that there was a retail development near their homes. She stated that the access roads to Rockford Road Plaza also do not through . the residential area as would this proposed development. She said the increase in traffic would impact the children in the neighborhood and she would prefer an industrial site that would be quite at nights and on the weekends. Chairman Stulberg introduced Mr. Doug Webber of 13627 Sth Avenue North. a Planning Commission Minutes January 26, 1994 Page 10 Mr. Webber stated that the CR -2 guided site across from this site would ptovide'a greater distance from the closest residence. He said that there currently are no street lights in the neighborhood, only light from Carlson Parkway. He said that lights from a Sam's Club would negatively impact the neigb,torhood. He said that increase in traffic was a concern as well as an increase in noise. He said that the noise level tests which were presented at an earlier meeting by the petitioner cannot be believed. Chairman Stulberg introduced Ms. Marilyn Gordon of 410 Zinnia Lane. Ms. Gordon stated that the guide plan has been in place for years and she had expected it to stay as it was. She said that the jobs created by a Sam's Club would below paying jobs. She',said she objected to the increased traffic, and believed that the roadway would have to be increased to 4 lanes to handle the traffic. Chairman Stulberg introduced Ms. SusanBlomker of 205 Zinnia Iane. Ms. Blomker stated she did not know that this item was going to be discussed at the December 20, 1993 City Council meeting. She said she was told that some Council members stated that theymisunderstood the situation on December 20. She said she was concerned with an increase in traffic, noise and air pollution in this area. She said she felt that any paid studies could be biased by the person paying for them. Chairman Stulberg, introduced Mr. Kenneth Olson of 277 Berkshire Lane. Mr. Olson stated that there was new information resulting from the December 20, 1993 meeting. He said that many of the neighbors did not know about that meeting. He commented on Mr. Hoffman's statement that the neighbors only have feelings, and that Carlson heal Estate had the facts, stating that this is a case of the law versus opinion. He said that governments are supposed to be by, for and of the people, and that those who voted to approve the reguiding did not represent the people. Chairman Stulberg introduced Mr. Patrick Cannon of 260 Berkshire Lane. Mr. Cannon stated that he felt the information given by Carlson Real Estate regarding the noise measurements was biased. Chairman Stulberg closed the Public Hearing, City Engineer Faulkner discussed the site drainage that would flow to the south, stating that a more precise plan would need to be submitted at later stages in the development. Planning Commission Minutes January 26, 1994 Page 11 Associate Planner Keho stated that other CR -2 guided sites in the City would not be large enough for this type of request. He said that this area was not identified as a future park site as suggested by one of the citizens. Chairman Stulberg stated that a lighting plan was required to be submitted at a later stage in the development process. Commissioner Zylla asked when discussion began regarding a covenant. Director Hurlburt stated 'hat a covenant was discussed at the December 6, 1993 Council meeting. It would be contingent upon City Attorney review. She said that the applicant had submitted a Final Plat application for this site but it has not yet been reviewed. She said that the Comprehensive Plan Amendment for the site would not be submitted to the Metropolitan Council for review until all discussions of this application have been completed. Assistant City Attorney Kaminski stated that procedures for publication of an Ordinance for Rezoning would not be published until approval was received from the Metropolitan Council and the Final Plat was filed with the County. Commissioner Zylla asked if the Commission was really rescinding a legal action. Chairman Stulberg stated that it did not matter whether it was a legal action or someone's opinion. Commissioner Albro asked if the covenant was a part of the action taken on December 6, 1993 by the City Council. He said that conversation that night was not as specific as what is in the current staff report. Assistant City Attorney Kaminski stated that information regarding the covenant was available on December 6, 1993, but the language was very brief. Commissioner Albro stated that he did not see any difference in the information tonight as to what was available at previous'meetings. He said the traffic was the main issue and it would have a significant impact on the neighborhood. He said nothing has changed and the increase in traffic would be objectionable. He said that the facts that Carlson Real Estate presented are no better than the opinions presented by others. MOTION by Commissioner Albro, secandedby Chairman Stulberg to recommend the rescission of Resolution 93-817 the Land Use Guide Plan Amendment; the rescission of Resolution 93-818 setting conditions to be met prior to publication of the ordinance rezoning land; and; the rescission of Ordinance 93-21 to classify certain lands located at the southeast comer of Carlson Parkway and I-494, subject to all conditions listed in the January 18, 1994 staff report. Planning Commission Minutes January 26, 1994 Page 12 Commissioner Zylla stated that the planning Commission had previously -examined this request thoroughly. He said he was still a little doubtfid that this was actually rezonert by the Council action. Commissioner Witt stated she'ias seen no new evidence and she supports the rescission. She said it an unfortunate circumstance that it was approved previously by. the Council. Associate Planner Keho read the two resolutions and the ordinance items recommended for rescission. Chairman Stulberg stated that all information ofpublic record bad been considered in this decision by the Planning Commission. Roll Call Vote 5 Ayes. Motion to Rescind carried on an unanimous vote. Chairman Stulberg called a recess at 8:45 p.m. The meeting was reconvened at 8:55 p.m. ZONING ORDINANCE AMENDMENT REGARDING AUTO SALES IN THE INDUSTRIAL DISTRICT (94002) I Chairman Stulberg introduced request by the City to Amend the Zoning Ordinance y regarding automobile sales in the Industrial District. i Director Hurlburt reviewed the January 19, 1994 staff report. Associate Planner Keho stated that the City Council had previously approved a track:' repair business and Hedberg Aggregates business in this industrial area. Associate Planner Keho stated that he checked with the State to see what their regulations were for auto sales. He said that auto dealers were not allowed to sell cars on Sundays and they would not be allowed in this type of operation. He said that property owners also could not be involved in the auto sales, that they would have to lease the space to someone operating this type of sates. Commissioner Albin how many property notices were sent to surrounding, neighbors of the industrial site. Director Hurlburt responded that the Public Hearing notice was published in the Official City Newspaper but no notices were sent to property owners because the amendment at this time is to the Zoning Ordinance. If the amendment is approved, a Planning Commission Minutes January 26, 1994 Page 13 anyone wishing to sell automobiles in the industrial districts would have to submit an application to the City and go through the established procedures required to obtain a Conditional Use Permit. At this time, property owners surrounding the site in question would be notified of the Public Hearing. Chairman Stulberg stated that anyone requesiipt,.this type of a Conditional Use Permit could notbe car dealers; that this type of business would only match a seller with a buyer for a fee. Chairman Stulberg introduced Mr. Gary Rude of 10200 32nd Avenue North, and Mr. Rick Ponthan of 2634 Rice Creek as the persons who initiated the request for this change in the Zoning Ordinance. Mr. Rude stated that he did not have an auto dealership and would not have a dealers license. He said he would lease space to provide this service. He said that the current owner of the site he was considering was interested in leasing the space for this type of operation on Saturdays and Sundays. He said this type of business would operate somewhat as a flea market does. Mr. Ponthan stated that this was a new concept for selling vehicles. He said that theywouldonlybeinoperationduringweekenddaylighthoursandnolightswouldbe installed. He said that theywould, have enough puking on the industrial site they are considering accommodate customers, and they have planned for security and signage on the site. Commissioner Zylla asked if they owned the land and was this type of sales being done anywhere. else. Mr. Ponthan said they did not own the site they were considering; they would lease the site. I Mr. Rude stated this was being done in California and was also being done in White Bear lake. He said they would also provide rest room.facilities on the site and all parking would meet requirements to allow emergency vehicles access. Chairman Stulberg opened and closed the Public Hearing as no one was present to speak on the issue. Commissioner Albro asked if they would allow consignment vehicles from automobile dealers. Mr. Rude responded that vehicles would be strictly from private owners. 0 Planning Commission Minutes January 26, 1994 Page 14 Commissioner Albro stated that he did not find ibis type of use objectionable, although he thought that property owners surrounding a site might find it objectionable once a request had been submitted. MOTION by Commissioner Zylla, seconded by Commissioner Witt to recommend approval of the Zoning Ordinance Amendment to allow automobile sales in the Industrial District, as drafted by staff. Chairman Stulberg stated that he felt this was an energetic and necessary business which would help residents get rid of vehicles parked in their yards; but that he objected to the retail use in an industrial area. He said that a retail use has been allowed in an industrial area on a one-time basis before, but not on a continuous basis. He said he believed it was a good idea but not in the industrial area. Commissioner Stimson stated that she agreed with Chairman Stulberg. Commissioner Zylla stated that he accepted what Chairman Stulberg said but he felt that we would not be stampeded with this type of request in the industrial arra.. He said the site currently under consideration was the former auto auction which was in use for many years. He said he felt there was a valid need for this type of service and he was willing to take the risk to reward the entrepreneurial use. Commissioner Albro stated he would like to see this go forward to see what the reaction of the public would be. He said he felt the industrial area would be the best area for this type of use. Chairman Stuiberg asked if those who lease cars are considered dealers. Associate Planner Keho stated that he did not check this out with the State. Chairman Stulberg stated that this would affect every industrial site in the City of Plymouth. Commissioner Albro asked why Chairman Stulberg would prefer this use in a commercial area. Chairman Stulberg stated that retail sales are allowed in a commercial area. Commissioner Zylla asked if a Conditional Use Permit could be revoked, Director Huriburt responded that it could be if the conditions of approval were violated. 0 Planning -Commission Minutes January 26, 1994 Page 15 Commissioner Zylla stated that this was unique and if it serves a legitimate public service with minimal cost, we should allow the public to do this. He said than a petiticner may or may not get; approval. Roll Call Vote 3 Ayes. Commissioner Stimson and Chairman Stulberg voted Nay. Motion passed on a 3 to 2 vote. OTHER BUSEMS Director Hurlburt discussed the public forum and that it be incorporated into the regular meeting rather than prior to the meeting. She suggested that a time limit be set, and that no action be taken. Director Hurlburt discussed the Public Hearing times being published on the agendas and said that since the meetings are now being broadcast live and taped that it would interrupt the continuity of the meeting if they would have to wait until a scheduled time for an item. She suggest doing away with the published times on the agenda. It was the unanimous consensus of all the Commissioners that the public forum be incorporated into the regular agenda schedule and that the times for public hearing items be eliminated from the agenda. Director Hurlburt stated that there would not be a Planning Commission meeting on February 9, 1994 due to the fact that there would not be a quorum. The City Council was in the process of appointing new members to the Commission and this would not be done in time for the February 9 meeting. l Director Hurlburt stated that she would like to schedule a workshop meeting on February 16 as orientation for the new members as well as the continuing Commissioners. I Chairman Stulberg suggested that Commissioners start thinking about representatives from this Commission to other Boards. Commissioner Albro asked if a date had been set for a joint meeting with the City Council. Director Hurlburt stated that no date has been set as of yet. Chairman Stulberg thanked Commissioner Zylla for the true he has spent on the Planning Commission. a Planning Commission Minutes January 26, 1994 Iage 16 Commissioner Zylla stated that he had enjoyed the 6 years he had spent on the Commission. i Motion by Commissioner Zylla , seconded by Commissioner Stimson to adjourn the meeting. i Vote. 5 Ayes. s The meeting adjourned at 9:40 p.m: i s j