Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 03-09-1994CITY OF PLYMOUTH PLANNING COMMISSION MINUM MARCH 9, 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 Virginia Black, Jack Hill, Ed Albro and Linda Oja. MEMBERS ABSENT. Commissioners Barb Stimson and Allen Ribbe. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barb Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: MOTION by CommissionerA;bm, seconded by Commissioner Oja, to approve the February 23, 1994 Planning Commission Minutes, Vote. 4 Ayes, Commissioner Black abstained. Motion carried. CARLSON REAL ESTATE COMPANY (940:0) Chairman Stulberg introduced the request by Carlson Real Estate Company for a Preliminary Plat and Final Plat for Carlson Center 12th Addition fora 3 -lot commercial subdivision located at the southeast comer of I-494 and Carlson Parkway. Associate Planner Keho reviewed the February 28, 1994 staff report. Commissioner Black asked about the number of parking spaces which would be required and how our requirements compared to those of the City of St. Louis Park. Associate Planner Kelm stated he was not familiar with St. Louis Park's requirements and that staff would not review this count until the Site Plan application. Director Hurlburt stated that when the Site Plan is,presented we can expect the parking spaces to meet requirements, Chairman Stulberg introduced Ms. Linda Fisher representing the petitioner. Ms. Fisher stated that they concur with the conditions in the staff report and Were available to answer any questions. a Planning Commission Minutes Match9,1994 Page 21 Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the request. MonON by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Estate Company for a Preliminary Plat for Carlson Center 12th Addition for ar3-lot commercial subdivision located at southeast comer of I-494 and Carlson Parkway, subject to the conditions listed in the February 28, 1994 staff report. Commissioner Albro asked at what stage the site considerations would be discussed. Chairman Stulberg stated that site considerations are discussed at the Site Plan stage. Director Hurlburt stated that staff has already been discussing some of these things such as elevations, landscaping, driveways, and parking which will be a part of the Site Plan. Fhe said that she expects a Site Plan could be submitted in about a month. Commissioner Albro stated that there were two stands of trees on the site that he would like to see remain intact. Ms. Fisher stated that the general grading plan shows that these wooded areas would remain intact. Commissioner Albro asked if a privacy fence would be built the full length of the site to buffer the neighborhood. Ms. Fisher stated that Carlson Real Estate stated at previous hearing that they would be wilting to erect an 8 foot fence along Berkshire. Lane to buffer the neighborhood She said that staff advised them that this fence would require the full appnrval of the neighborhood because this height was higher that what was allowed in the ordinance and it would have to be placed on private property. She said they were still willing to install this fence. Chairman Stulberg stated this could be discussed at Site Plan stage. Roll Call Vote. 5 Ayes, Motion to approve the Preliminary Plat carried on an unanimous vote. MOTION by Commissioner Atbro, seconded by Commissioner Black to recommend approval of the Final Plat for Carlson Center 12th Addition for a 34ot commercial subdivision located at the southeast corner of 1494 and Carlson Parkway, subject to all conditions listed in the February 28, 1994 staff report. p Planning Commission Minutes Wmh 9,.1994 Page 22 Roll Salt Vsf . t.carried en an.nnanimous-vote: - CARLSON REAL ESTATE COMPANY (94014) Chairman Stulberg introduced the inquest by Carlson Real Estate. Company for a Preliminary Plat, Site Plan and Conditional Use Permit for a Super America convenience store; a Conditional Use Permit and Site Plan for a fast food restaurant; and, a Variance from the Subdivision Code for the creation of a lot without frontage on a public street, for property located at the southeast comer of 1494 and County Road 6. Associate Planner Keho reviewed the February 28, 1994 staff report. Commissioner HiL asked if the City had any standards as to how close a gas station should be to another gas station, or how large an area a gas station should service. Associate Planner Keho responded that the City did not have any data on this subject. Commissioner Black asked if the storm water pond would be separated from the wetland to keep out the oil, gas and other chemicals from the service station; City Engineer Faulkner stated that the storm water pond location had not been fully addressed at this time but would be done when the weather is nicer. It is classified as a wetland: Director Hurlbutt stated that the design of the storm water pond was not complete but it would have to meet NURP regulations. Commissioner Hill asked if the possibility of people driving down the street and making a U -tum had been addressed. City Engineer Faulkner stated that a "No U -Turn" sign may have to be installed. Chairman Stulberg introduced Mr. John Paulson, of KKG Architects, representing the petitioner. Mr. Paulson reviewed the request, and stated that the site would not be visible from the Interstate Highway. He said that pylon signage was not planned because the site would be strictly for use by the surrounding industrial arra. He displayed the building exterior design and discussed the restaurant size footprint as being typical of any fast food restaurant. He said that two issues remain; the removal of the advertising sign along 1-494; and; the traffic signalization at the intersection on County Road 6. 0 Planning Conunission Minutes March 9, 1994 Page 23 Chairman Stulberg introduced Mr. Steve Pellinen, HTPO Engineering, Inc., also representing the petitioner. Mr.. Pellinen stated that the billboard sign was currently within the existing property line and he proposed that the property line be relocated so that the billboard could remain, Asking that this request be approved with this line relocated. He said that the right-of-way ramp line used was from an old survey and that theStateof Minnesota did not obtain the propertyright-of-wayat the time the ramp was built. Mr. Brad Lis from Carlson Real Estate Company stated that the dedication of the right- of-way became a complicated issue because of the sign and there never was a meeting of the minds as to where the new property line should have been after the right-of-way was dedicated. The issue got dropped and it was never finished. The sign was the problem and it was always the intent that the sign remain on the Carlson property. Commissioner Black asked who owned the property. Mr. Lis stated that Carlson Real Estate Company owned the property including the portion that was to be dedicated to the State as right-of-way. Mr. Pellinen stated that the State would determine whether the fence on the property would remain or have to be removed and they would abide by the State's decision. Commissioner Black asked if a variance would be. required if the sign was to remain. Associate Planner Keho stated that the State may requi..: iSat the sign be removed if it is located on the right-of-way. Commissioner Black asked if it was up to the Commission to determine where the new property line would be. Chairman Stulberg stated that the Plasming Commission could determine whether or not they want the sign removed if it remained on Carlson property. Mr. Lis stated that the movement of the property line was a new issue that arose after the staff report was written. He said they bad just discovered the history of the property line. Director Hurlburt stated that there would need to be a condition added to the staff report if the sign was tosemaM, if it was on the Carlson site. Commissioner Oja stated that she was concerned that Lot 4 did not have street access and that she did nct feel this was the best way to develop the site. Plammng.Commission Minutes March 9, 1994 Page 24 Mr. Lis stated that the easement proposed would allow access to this site. Mr. Lis stated that any development on this site would result in the same traffic concerns. Chairman Stulberg asked if more cuts onto County Road 6 would eliminate the traffic concerns. Associate Planner Keho stated that Hennepin County stated that only one access would be allowed onto County Road' 6 as shown in the current design. City Engineer Faulkner stated that the storm drainage pond was currently in place, but would be expanded to accommodate the drainage. Commissioner Oja stated that she did not feel that the design of having to drive through the Super America site to get to the fast food restaurant was the best way to plan the traffic flow rind that it seemed it might cause some congestion. Commissioner Black asked why run the buildings north/south rather than east/west Mr. Lis stated that an east[west design would cause more congestion. He said that there was enough stacking for 10 cars for the fast food restaurant which would be more than enough to eliminate any congestion. Mr. Paulson concurred that there would not be enough space if the design were turned around as suggested. Director Hurlburt stated that a sign could be placed at the entrance driveway for Super American encouraging drivers to proceed to the far entrance for entrance to the fast food restaurant. Chairman Stulberg oper3d the Public Hearing. Chairman Stulberg introduced Mr. Robert Videen of 1151 Kingsviewlane. Mr. Videen stated that he was happy to see this plan, as the neighborhood really needs this development. He said he Would like to have a sidewalk along County Road 6 so thosein the neighborhood could ride bikes or walk to the site. He said he wanted the advertising sign removed because it would become their advertising sign if left on the property. He said that he also had concerns about the storm water drainage pond.. Chairman Stulberg closed the public Hearing. Planning Commission Mmocs March $.1994 Page 25 Associate Planner Keho stated that the trail plan does not show an extension of the tail along County Road. Chairman Stulberg asked ifthe parking stalls against the proposed fast foot restaurant building would interfere withthosedriving to the driveup window. He said that if stacking was more than 10 cars it would extend into the parking stalls for use by the indoor patrons of the restaurant. Mr. Paulson responded that it would be very unlikely to have stacking of over 10 cars. Director Hurlbmt stated that the drive aisles were wide enough for 2 cars to pass easily. Commissioner Albro asked if the existing CMG parking lot would be separated by some sort of barrier to discourage access into the lot for drives wanting to drive down the road so that they could turn around to drive back east. Associate Planner Keho stated that no changes were planned to other property in the area such as CMG industrial building. CommissionerHill stated that traffic might use this lot to make a U-turn. Commissioner Oja asked if any thought had been give to placing a public street in this area. Associate Planner Keho stated there were no plans for any additional public streets in this area. City Engineer Faulkner stated that it would cost of $60-$70 thousand to install a traffic signal at this intersection. Mr. Lis stated that they want the traffic signal at this intersection. He said it would benefit this site as well as truck tic from the CMG building. He said be did not feel people would use the CMG site as through street. M01TON by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Estate Company fora Preliminary Plat fora Super America gas station located southeast of 1-494 and County Road 6, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Albro, seconded by Commissioner Hill, changing Conditions No. 10 to state that the removal of the sign on Lot 4 must be done prior to recording of the final .plat. Planning CorrmMon Minutes AUmh 9,1994 Page 26 Commissioner Albro stated that be thought they would need a pylon sign on the site. Associate Planner Keho stated that pylon signage was prohibited by a condition in the staff report. Roll Call Vote on Motion to Amend. 4 Ayes. Commissioner Oja voted Nay. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albru to recommend that PRAC review the trail plan to continue the trail along County Road 6 to this' site. Associate Planner Keho stated that there were no future plans for a trail on the east side ofthis site which would connect to this proposed amendment. Chairman Stulberg withdrew the amendment, Commissioner Albro concurred. Roll Call Vote on Main Motion. 4 Ayes. Commissioner Oja voted Nay. Motion carried on a 4-1 vote. MOTION by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Fstate Company for a Site Plan and Conditional Use Permit for a Super America Convenience Store, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Albro, seconded by Commissioner Black to include a condition which states that entrance signage shall be installed to indicate that the fust entrance on the site would be for access to the gas station, and, that patrons of the fast food restaurant were to use the next entrance on the site for access. Commissioner Hill stated he felt the applicants would do whatever is best to move the traffic on the site. Director Hurlburt stated that it would be useful to have this language as a condition in the resolution. Roll Call Vote. 5 Ayes. Motion carred on an unanimous vote. Commissioner Hill stated that he was not a proponent of having a traffic light at this intersection,, but questioned whether there would be a safety issue in the future without one. He asked if a traffic signal should be considered at this time or if we should wait until it's needed. City Engineer Faulkner stated there was the potential in the future that this intersection would become a safety issue without a traffic signal. 0 Planning Commission Minutes March 9,1994 Page 27 Chairman Stulberg stated 'that if a left tum was restricted at the intersection, it would be unusual for someone to make a left tum. Commissioner Hill asked if Hennepin County made any reference to any signalization at this intersection. Associate Planner %eho stated that Hennepin County stated that they would go along with whatever the City decided. Commissioner Albro stated that the petitioner should pay for the traffic signal if it was recommended and approved. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albro to add to Condition No. 12 language stating "unless signalization is approved' Commissioner Hill stated that language should be added to the Motion to Amend stating that "unless signalization is approved for safety reasons"; and, that "the applicant would pay for the installation of the traffic signal Chairman Stulberg and Commissioner Albro agreed to have this language added to their Motion to Amend. Mr. Lis stated that they met with County and were told they were not concerned with a traffic signal at this location. He said he would have Strgar look at the site intersection as a safety issue, Director Hurlburt stated that the Strgar report did state that a signal would be warrented at the intersection. City Engineer Faulkner stated that be would like to see some additional analysis done on this intersection relating to die safety issue. Roil Call Vote on Motion to Amend 5. 5 Ayes. Motion carried on an unanimous vote. Roll Call Vote on Main Motion as twice amended 5 Ayes. Motion carried on an unanimous vote. MOTION by Commissioner Albro, seconded by Commissioner Black to recommend approval of the request by Carlson Real Estate Company fora Site Plan and Conditional Use Permit for a Class II Restaurant to be located at the southeast comer of I-494 and County Road 6, subject to all conditions listed in the February 28, 1994 staff report. a Planning Conunission Minutes March 9, 1994 _ Page 28 - Commission Albro asked why pylon signage was prohibited in Condition No. 11. . Associate Planner Keho stated that this condition was requested'by petitioner. He said this retail use was to serve only the industrial district. MOTION by Commissioner Albro to delete Condition No. 11 which prohibited pylon signage. MOTION died for lack of a second. Commissioner Albro Stated that tds intent was to leave the door open in case the site occupants felt additional signags was needed. Associate Planner Keho stated that the applicant could come back to the Planning Commission with a Conditional Use Permit Amendment for additional signage. Roll Call Vote, 4 Ayes. Commissioner Oja voted Nay. Motion carried on a 41 vote. Chairman Stulberg called a recess at US p.m. The meeting reconvened at 8:45 p.m. METROQUIP, INC. (94015) Chairman Stulberg introduced the request by Metroquip, Inc, for a Conditional Use Permit for an industrial equipment rental business and outside storage at 25th Avenue North just east of Cheshire Lane. Associate Planner Keho reviewed the February 28, 1994 staff report. Chairman Stulberg introduced Mr. George Klein representing the petitioner. Mr. Klein stated that. he was in agreement with the staff report., Commissioner Hill asked if this request was for a new use. He asked if had only been a corporate use equipment up to this time, Mr. Klein stated that it was a new use. The company saw the need for rental of industrial equipment to enhance their business. Commissioner Oja asked if the storage arca would be blacktop, and whether the fence would be outside or inside the line of trees. Mr. Klein responded that the trees would be would on the outside of the fence. He said they would plan 4 -foot Mugho pines. 0 Planning Commission Minutes March 9, 1994 Page 29 Commissioner Oja asked if additieial trees could be staggered along the storage area. Associate Planner Keho stated that the other side of the storage area was the access point to the site and the parking area. Mr. Klein stated that additional trees in this area would screen the old building from the new building and divide the site. Commissioner Oja asked in the applicant would add additional trees on south side of the site. Mr. Klein stated that this would be agreeable. Chairman Stulberg opened and clused the Public Hearing as there was no one present to speak on the application. MOTION by Commissioner Black seconded by Commissioner Albro, to recommend approval of the inquest by Metroquip, Inc. for a Conditional Use Permit for an industrial equipment rental business and outside storage at 25th Avenue North just east of Cheshire Lane, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Oja, seconded by Commissioner Albro, to add 11 additional trees for a total of 22 evergreen trees, in addition to the fencing and the trees already proposed on the south side of the site. Roll Call Vote on Motion to Amend. 4 Ayes. Commissioner Hill voted Nay. Associate Planner Keho discussed the wetland mitigation plan that was approved for this site previously at the request of Commissioner Hill. Commissioner Albro commented that this was a good location for this type of business Roll Call Vote on Main Motion as once amended. 5 Ayes. Motion carried on an unanimous vote. WETLAND OP,DINANCE AND SCHEDULE Barb Senness discussed the schedule for the: approval of this ordinance stating that the schedule was set by the City Council. She discussed the memo presented to the Commissioners relating to setbacks, buffer zones and classifications, The present ordinance allows for wetlands to be part of the Planning Commission Minutes March 9,1994 Page30 rear yard setback. 'Tins proposal calls for a rear yard setback and buffer zone between a principal structure and the wetland. She showed some mapping of the effects of this proposed ordinance on two current developments in process with examples of rear yard setbacks of 25 feet and buffer zones of 30 and 50 feet, which showed the number of building sites that would be lost with each setback. She said that these setbacks and buffers could affect city design, sprawl, undevelopable land, etc. She said that buffer areas in residential areas could eventually become part of the back yards and that enforcement is an issue. Commissioner Oja asked who owned the wetland areas. Planning Supervisor Senness responded that the homeowner would own the area but it would be controlled by the City. Commissioner Black stated that at the Water Quality Commission meeting on Tuesday evening an informal vote was taken and most participants wanted a 50 -foot buffer around the wetlands. She said most research indicated that a 50 -foot buffer would be best. She said she felt that natural and ag/urban classified wetlands should have the same requirements as the ag/urban could rejuvenate itself. She said that the artificially created ponds did not need a buffer. Commissioner Hill asked if the primary reason for a buffer area was to protect the wetland from runoff and/or sediment. Commissioner Black stated that a 30 -foot buffer protects the wetland from runoff and/or sediment but that a Luger buffer was better protection for wildlife. ii Commissioner Hill stated that he would like staff to bring back information on what other communities are doing to protect the wetlands. City Engineer Faulkmer stated that the protection of water quality is affected by phosphonis in fertilizers and these chemicals should be restricted next to wetlands. Director Hurlburt stated that use of chemicals could be restricted for the entire City. Commissioner Hill asked what actually was the goal the City wanted to accomplish. Commissioner Oja'asked how the ordinance would it be enforced. Planning Supervisor Senness stated that Maple Grove intends to use helicopters. 0 Planning Commission Minutes March 9, 1994 Page31 Commissioner Hill asked if the City had agood inventory of the wetlands. City Engineer Faulkner stated that the City does not have a good inventory of the wetlands. Director Hurlburt stated that developers will have to have their parcels surveyed as part of their application. Planning Supervisor Senness stated that the City of Chanhassen had all their wetlands classified prior to development and it was very costly. She suggested it be done at the time of development. Chaitmau Stulberg stated that the purpose and intent of the ordinance could change the density. He said that the past few years smaller lot sizes were approved which created more density. He said that we needed to be cautious that this ordinance does not increase density and in tum create traffic problems. Director Hurlburt stated that this ordinance would not necessarily change density, but would change lot lines. She said we need to look at the developable portion of the site and change the layout to respond to the characteristics of the site. Commissioner Albro stated that he was distressed at the push to get an ordinance : enacted: He said the staff should come up with an interim plan so there would be a lot more time to study this issue. He said that a reduction in density where City streets and services are already in place would take more houses off the tax roles and the services would not be used to capacity. He said that the reductions in services would increase costs to existing taxpayers. He said he felt a'thorough study needed to be done, or this could be a potential disaster for the City; Planning Supervisor Senness stated that the City Council directed the pace of the schedule and that there could be some legal problems with future development if an interim ordinance is enacted. Commissioner Albro asked if the State Wetlands Act of 1991 established a buffer zone. He said he can see a need for a buffer but would like to know what was in excess of the State Wetlands Act. Planning Supervisor Senness stated that a buffer was not it part of the Wetland Act, and the State does not specify classification of wetlands. She said the State maybe looking at classification in the future, Director Iiurlburt stated that the ordinance will need to be to crafted for existing development as well as new development impacts, Planning. Commission Minutes March 9, 1994 Page 37. Commissioner Albro asked what legal problems an interim ordinance would create. Director Hurlburt stated we could be said to be arbitrary and capricious by approving an interim ordinarez for a short time; and, developments already in process could create problems. Commissioner Black stated that a quick decision would protect the City from being accused of taking or being arbitrary and capricious. She said that taking issues would have the most impact on developments already in process, and less impact on future developments. Director Huriburt stated that those applications in process will have to be defined as to how they would be phased into the new plan. Commissioner Albro asked for a definition of the mission for this ordinance; was it water quality, habitat or what. He said that Plymouth was a City, and there are places for the type of living being discussed regarding wetlands. Planning Supervisor 5enness stated that primary consideration has been preservation of water quality. Commissioner Albro stated that he wants to see,a matrix of the proposal, what others are doing, and, what are we doing that is in excess of the wetland act. Planning Supervisor Senness stated that the buffer and classification of the different wetlands were the only differences from the wetland act. DirectorHurlburt asked who would decide the classification of the different wetlands Planning Supervisor Senness responded that the City would identify the criteria to be used to identify each type of wetland. Criteria would indicate type of species found and adjacent land uses, Commissioner Albm asked itthue would be some provisions made for changes in holding ponds. City Engineer Faulkner stated that them could be provisions for exemptions, Commissioner Black stated that changes from NURP ponds to wetlands could be protected: Comarvision Albro stated that a 4th classification ought to be artificially created areas that have regenerated into a wetland. a Planning Commission Minutes March 9,.1994 Pagc 33 Associate Planner Keho stated that the only unprotected areas would be sedimentation ponds, even though they take on wetland characteristics. Chairman Stulberg stated that with the many issues raised at tonight's meeting, the deadline for adoption may be too fast. He said he viould have to wait until he sees the drafted ordinance. i Commissioner Black stated that an interim ordinance would create more problems and in order to avoid battles the City needs to come to a decision. Planning Supervisor Senness stated the wetlands need to be looked as a valueadded and we should use the wetlands as a positive advantage in the City. Commissioner Albro stated that there are wetlands on most of the land left in the City that has not been developed. i Commissioner Slack stated that that is the reason we need an ordinance. I Director Hurlburt stated that the Commission was also going to have to relook at the Shorehmd issues. Chairman Stulberg;asked that any wetland reports be mailed to the Commissioners as soon as they are wady. Planning Supervisor Senness gave the dates of the meetings that will be held the week of March 14 - 1S with developers and the public regarding the proposed wetland ordinance. Motion to adjourn the meeting by Commissioner Albro, seconded by Commissioner Oja. Vote. 5 Ayes, Ile meeting adjourned at 10:15 p.m. I.