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HomeMy WebLinkAboutPlanning Commission Minutes 05-11-1994CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 11, 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, Ed Albro, Jack Hill, Virginia Black, and Linda Cja. MEMBERS ABSENT. Commissioner Allen Ribbe. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barbara Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson PUBLIC FORUM Mr. Clayton Ziebatth of 2715 Sycamore Lane stated that he lives across from where the Tricord Systems building is proposed. He said that he has maintained the buffer area on this site and he wanted to make sure that the trees are preserved. Mr. Jack Groves of 12850 28th Avenue North stated that the holding pond proposed for the Tricord site backs up to his back yard. He said that his concern is the drainage from this pond since his back yard is lower than the proposed pond. He said the construction of the pond would destroy the creek and all the trees in his back yard. He said there should be some provisions for drainage from his back yard or the drainage should flow away from the creek. He also indicated that the part of his backyard across the creek may be a more appropriate place for the pond. Mr. Ronald Thomas of 12840 28th Avenue North stated that he lives one lot away from the proposed Tricord development and is concerned that the tree buffer may be destroyed which will affect the peace and enjoyment of adjoining property owners. He suggested that the developer should meet with the adjoining property owners prior to the Planning Commission meeting of May 25, 1994 where this request will be considered.. He said he thought the retention pond should be relocated to another place on the site. Mr. Ziebarth staled that he agreed with Mn Thomas that the developer should meet with the neighborhood residents prior to the Planning Commission meeting. Mr. Graves stated that the original plan for this site had the loading dock on the side of the building, the current plan shows the docks at the rear of the site against the residential area. He said that the dock in this location would require light standards which would be intrusive to the residential neighborhood. Planning Commission Minute. May 11, 1994 Page 68 Commissioner Oja requested a change on page 63 of the minutes on line 4 stating that she thought the temporary sign on 36th Avenue North was ugly". M01TON by Commissioner Stinson, seconded by Commissioner Oja, to approved the April 27, 1994 Planning Commission minutes as amended. Vote. 5 Ayes. Commissioner Hill abstained. Motion carried. HOLIDAY COMPANIES (93100) Chairman Stulberg introduced the request by Holiday Companies for a Preliminary Plat, Conditional Use Permit, Site Plan and Variances for a convenience store and gasoline station to be located at the northeast comer of South Shore Drive and highway 55. Associate Planner Kohn reviewed the May 2, 1994staff report. He explained all the variances requested.which related to the conditional use permit. Commissioner Hill asked if the traffic study factored in the increased traffic. Associate, Planner Keho replied that it did. Commissioner Albro asked why a noise wall would not work to buffer the noise for the mobile home park. City Engineer Faulkner stated that the majority of the noise would be from Highway 55 which a noise wall would not shield because it is so close. Associate Planner Keho stated that noise wall needs to be a certain length to provide an impact and the length needed would not be available on the site. Commissioner Albin asked if staff considered s tree barrier. Director Hurlbuit stated that there is no room for the installation of additional vegetation to shield the site. Commissioner Black asked whether a higher fence or a different type of fence would fie more effective to reduce noise, City Engineer Faulkner responded that neither would have an impact on the noise. 0 Planning Commission Minutes May 11;1994 Page 69 Commissioner Black asked why no holding pond wz% required and which direction the runoff would flow. City Engineer Faulkner stated there would be an on site storm sewer but there was no room for a holding pond on the site. He said the runoff would flow to the west to West Medicine Lake Road. He said there would be no increase in impervious surface. Chairman Stulberg stated he would conduct the Public Hearing and then step down for the discussion andvote on this request. Chairman Stulberg introduced Mr. Tom Gedde representing the petitioner. Mr. Gedde passed but a colored rendering and elevation sheet of the site. Mr. Gedde stated that this redevelopment will create a much improved comer at this location. He said that the relocation of the road is a critical safety feature for this redevelopment and that they have done everything possible to minimize the variances requested. Mrs Gedde asked if Condition 3 on the Preliminary Plat resolution was pertinent to this application. Associate Planner Kelm responded that it could be deleted as it was not applicable. Mr. Gedde stated that they may have some title issues which could take some time to clear up and asked if the developer could provide the City with a letter of undertaking so that the Final Plat could be recorded with the County thus allowing them to file for building permits as stated in Condition 7. He said that the underground tanks could be installed while the demolition work is being done. He said he just learned a couple days ago that Strgar-Roscoe-Fausch, Inc. indicated that an additional 5 feet ofright-of-way would be needed along South Shore Drive and that the west driveway entrance would need to be moved to the east 5 feet because of this. He said that they had no problems accommodating this 5 feet and the movement of the driveways except for the westerly end of the west driveway. He said that the west driveway was designed to allow enough turning room for trucks and loosing this 5 feet would effect the turning room. He said he recommended that they accept the additional 5 foot tight -of -way tut that staff reduce the setback required from South Shore drive from 40 to 35 feet, and reduce the other driveway openings from 35 to 30 feet. Mr. Geddo asked that staff consider changes to Condition 12 and 17 of the Site Plan adding under No. 12 "I. 35 feet to west driveway entrance from South Shore Drive" and No. 17: changing; 40 feet to 35 feet. 0 Planning Commission Minutes May 11, 1994 Page 70 Mr. Gedde discussed Condition,4 regarding the wood fence and said it was his understanding the City had agreed to pay for the installation of the fence or noise wall. He asked who would be responsible for the maintenance of the fence. He said he would like this condition modified to indicate that the developer and the City will negotiate an agreement for the construction and maintenance of the fence. Mr. Gedde asked that the same conditions regarding the Final Plat filing on the Preliminary Plat resolution be used fcr Condition No. 11 on the Site Plat resolution. Mr. Gedde stated he concurred with the remaining conditions. Mr. Gedde stated that he had two concerns regarding the Engineer's Memo; No. 3 the SAC and REC charges were not appropriate here; and he wanted to discuss No. 29 on the fence issue. Chairman Stulberg stated that the minutes would reflect the concerns on the Engineer's Memo but that the Planning Commission cannot alter the Engineer's Memo. This can be done by the City Council. Commissioner Oja asked if the applicant had discussed the fence with the trailer park residents and whether they were concerned with the noise levels. Mr. Gedde stated that they met with the residents and the owner and their only concern was that the new fence be a tight solid fence. He said that a representative from Strgar- Roscoe-Fausch, Inc, was at the meeting to discuss the noise and to explain that the noise from Highway 55 overshadowed the noise from the frontage road. Commissioner Oja asked if there were any plans for a future car wash on the site, what VAX of trucks would be used for delivery; and, at what time of day would deliveries be made to the store. She said that these concern could affect other residential areas close by. Mr. Gedde stated the there are no plans for a car wash as there is not enough space on the site. He said the Lloyd Land transports come in now in the late evening. Merchandise for the store would be delivered once a week, some on transports and some from smaller vendors. He said deliveries will certainly not be made during peak hours and normally are made in the afternoon or around 10:00 p.m. Chairman Stulberg opened and closed the Public Hearing as there was no one present tospeakontheissue. Chairman Stulberg stepped down from the table. a Planning Commission Minutes May 11, 1994 Page 71 Commissioner Oja stated that she was concerned with noise levels affecting the trailer park residents. She said she felt the fence was a good idea and that the petitioner should pay for the fence and some additional landscaping should be added. Director Hurlburt stated that there is no room between curb and fence, nor between fence and mobile homes to add additional landscaping. Commissioner Black asked why the. 30 foot driveway was specified rather than a 35footdriveway. Associate PLumerKeho stated that the Conditional Use Permit requirements for a gasoline service station specifies that the driveway be 30 feet. He said that staff did not see a clear mason for the wider driveway on the west drive. Commissioner Albin stated that he found it hard to believe there would not be an increase in noise on the back side of the building since the road is closer to the trailer pa.k. City Engineer Faulkner stated there would not be an increase in traffic from the current conditions. Associate Planner Keho explained that the traffic study is done for peak hours. City Engineer Faulkner stated that traffic was acceptable at other times. Director Burlburt stated that on page 6 of the traffic study the report showed that there would be some increase in noise but the level of increase would not be perceptible. She said that the building would be further away from the mobile homes, thus the activity and car doors slamming would be less perceptible. Commissioner Black asked if there would be an increase in the number of gas pumps.. Lloyd Lehnen, a representative for the petidoner, stated that there are currently 16 pumps, the new design will have 18 pumps, but the area will not be as congested withthenewdesign. Mr. Gedde stated that currently customers padr next to the fence. The parking will bemovedawayfromthefencewi',b the new design. Commissioner Black stated she was concerned with runoff of fluids such as gas, oil and antifreeze into Medicine Lake. She said that she was concerned that the City was notdoingsomethingtoeliminatedamagetotheenvironmentinthiscase. She said something should be mitigated, and the City should use this project to begin working toimprovewaterquality. a Planning: Commission Minutes May 11, 1994 Page 72 Commissioner QJa asked if the petitioner knew if the existing tanks leak and whether they had any cleanup solutions if they do. Mr. Bob Sedey stated that when the tanks are removed from the Amoco and HolidaysitestheMinnesotaPollutionControlAgencymustbenotified. If any problems are found the petitioner would be responsible and any problems would be cleaned up. DirectorHuriburt advised the Commission that on the Preliminary Plat resolutionConditionNo.3 did not apply to this request and that the Commission could add something to Condition No. 7 regarding the title work. She said that they could leave this decision to the City Attorney if they are comfortable doing that. Director Hurlburt stated that on the Site Plan resolution Condition No. 4 regarding the fence and who would pay forfence or noise would be determined by the City Council. She said that the change requested regarding title work and the filing of the Final Plat in Condition No. 11 could be handled as above by the City Attorney. She said that the 35 foot width driveway changes requested by the petitioner for Condition No. 17 would be appropriate. MOTION by Commissioner Stimson, seconded by Commissioner Albro to recommend approval of the request by Holiday Companies fora Preliminary Pkat, Conditional Use Permit, Site Plan and Variances for a convenience store and gasoline station to be located at the northeast comer of South Shore Drive and Highway55, subject to changes made by staff regarding deleting Condition No. 3 from the Preliminary Plat resolution and letting the City Attorney handle the issue of delayed title work when filing the Final Plat; and, subject to all other conditions listed in theMay2, 1994 staff Teport• M01ION to Amend by Commissioner Hill, seconded by, Commissioner Oja to recommend that on Condition No. 4 of the Site Plan resolution that the Cityanddevelopernegotiatethefenceissue; to add to Condition No. 12 on the Site Plan resolution the Variance --L 35 feet to west driveway entrance from South Shore Drive; and; to change 40 feet to 35 feet on Condition 17 of the Site Plan resolution. Roll Call Vote. 5 Ayes. Motion to Amend carried. Commissioner Albro stated that he would like to know when negotiations regarding thefencewouldbedone. Director Hurlburt stated that the issue would be resolved before this request goes to theCityCouncil. a Planning CommissionM'inutrs May 11„ 1994 Page 73 MOTION to Amend by Commissioner Albro, seconded by Commissioner Ola to leave driveways at 30 feet with the exception of the westerly drive at 35 feet Commissioner Albro stated that he would like to see traffic studies done at other times besides peak hours and during hours of operation. Commissioner Stimson stated that she would be sensitive to the noise issue if this was a new use, but the noise is there now with the present development and people get used to the noise. Roll Cali Vote on Main Motion as twice amended. 4 Ayes. Commissioner Black voted Nay. Motion carried on a 4-1 vote. Chairman Stulberg returned to the table. A recess was called 8:25 p.m., the meeting reconvened at 8:35 p.m. COMPUSITE (94031) Chairman Stulberg introduced the request by Computsite for a Variance and Site Plan Amendment to inc.-ease the impervious coverage on the site at 2050 Merrimac Lane North. Associate Planner Keho reviewed the April 29, 1994 staff report. Commissioner Black asked for the location of the lake on thenoNrwest. Associate Planner Keho described the location. Chairman Stulberg stated that this request is fora small increase in impervious surface but has gone up from 30 percent to this request for 53 percent. He said he questioned whether the applicant was trying to overuse the building and had the wrong tenants on the site. Associate Planner Keho stated that he discussed a parking management plan with the owner. He said that there is currently a parking problem for the tenants and that this is a small increase in impervious surface, Chairman Stulberg asked what impact this would have on the wetlands. Associate Planner Keho stated that this was a minor change; and there mould be more impervious coverage but the drainage would be controlled through the existing drainage per• Planning Commission Minutes May 11, 1994 Page 74 Commissioner Hill asked if this would have any impact on the lake to the northwest. Associate Planner Keho responded that it may result in a small change. Chairman Stulberg introduced Mr. Alan Munla, the petitioner. Mr. Munla stated that he needed to alleviate an existing parking problem and that the additional seven parking stalls would be a minor change. He said that there was a holding pond to protect the wetland property. Commissioner Hill asked if seven additional parking stalls would alleviate the problem. Mr. Mur la responded that it was difficult to say whether there would ever be another parking problem. He said his three main tenants feet the additional parking stalls would solve the problems. He staled that he was in agreement with the conditions listed in the staff report. Chairman Stulberg stated that the letter from Carol Vannelli of the Wayzata Schools causes him to wonder if this is a case of the wrong tenant in the wrong place. Mr. Munla stated that he is trying to eliminate the parking problems with this request. He said that the building square footage must set the limitations as to how much the school district program can increase. Commissioner Oja asked if there were any vacancies, in building. Mr. Munla stated that the building is 100 percent occupied, so this is a worse case scenario. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced a letter from Judith Shank, Metropolitan Dermatology, one of the building tenants, which was received atter the staff report was distributed, supporting this proposal. Chairman Stulberg closed the Public Hearing as there was no one present speak on the issue. MOTION by Commissioner Albro, seconded by'. ommissioner Blaci, to recommend denial of the request by Compusite for a Variance and Site Plan Amendment to increase the impervious coverage at 2050 Merrimac Lane, based on the fact that the usage of the building was not as originally intended thus causing the parking proble;as; the site was already over the allowed impervious coverage; ands the request was to increase the income potential of the site. 4 Planning CommissionMinutes May 11, 1994 Page 75 Commissioner Hill stated that he felt it was a problem to add a variance on top of a variance, but that the natural limitation of being 100 percent leased is the finite limit for this site. He said that this requested change is Balanced against seven additional parking spaces. He said that denial of this request would not solve the problem. He said that water mnoff should not be an issue. Commissioner Albro stated that there were other alternative uses for this site which could result 100 percent occupation. Re said that this was an opportunity to control the environment by not increasing the impervictc surface. Commissioner Black asked if the number of existing parking spaces meets the CityCode. Associate Planner Keho stated that the existing number of parking spaces exceeds Code requirements. Commissioner Albro stated that he felt the use was not what was intended for the site. Associate Planner Kelm stated that the Council approved the Conditional Use Permit for a day care center to use this site for their program. Commissioner Albro stated that there was no assurance that approval of this request would solve the problem. Chairman Stulberg stated that he supported the motion for denial but could not support the reasons for denial given by Commissioner Albio. Chairman Stulberg stated that he thought this request did not meet Conditions 1, 2 or 4 of the Variance standards. He said he felt that the use of the building was forcing the need for addition parking. MOTION to Amend the Motion to deny by Chairman Stulberg, seconded by Commissioner Black, based on the fact that the request does not meet the Variance standards Nos. 1, 2, and 4. Commissioner Stimson stated that if this request were denied people would continue to Park on Merrimac Lane and the use would continue. She said that it would be better to allow the expansion now with the condition that any additional future requests would not allowed, Roll CallVote on Motion to Amend the Denial. 5 Ayes, Commissioner Hill voted Nay. Roll Call Vote on Main Motion, 3 Ayes. Commissioners Stimson, Hill and Oja voted Nay. Motion failed on a 3-3 tie vote: a Planning Commission Minutes: May 11, 1994 Page 76 MOTION by Commissioner Hill, seconded by Commissioner Stimson to recommend approval of the request by Compusite for a Variance and Site Plan Amendment to increase the impervious surface at 2050 Merrimac Lane North, subject to conditions listed in the April 29, 1994 staff report. Roll Call Vote. 3 Ayes. Commissioners Black, Albro and Chairman Stulberg voted Nay. Motion failed on a 3-3 tie vote. Mr. Munla stated that the usage of the both buildings was approved by the City Council thorough the Conditional Use Permit process at the same time the first Variance was approved. He said that this request was not for financial gain, as he does not charge for parking. He said these buildings were built and intended for the current usage. INTERIM ORDINANCE REGARDING WETLAND SETBACKS (94043) Chairman Stulberg introduced the Proposed Interim Ordinance regarding Wetland Setbacks. Director Hurlburt reviewed the May 6, 1994 staff ,report. Director Hurlburt stated that staff had met with developers prior to this Public Hearing and there were two issues that were brought up at the meeting. The developers were concerned with those projects that were approved over two years ago and the variation of setbacks required from one zoning district to another. She said that any variances from the Interim Ordinance requested by developers would have to be looked at on a case-by-case basis. They were concerned with the larger setbacks required between commercial and industrial districts adjacent to residential districts which they said would not do anything to affect the wetlands. The developers asked if a maximum standard could be set that the setbacks would not exceed 35 feet in this case. She said that staff would support this change. Chairman Stulberg emphasized that the Planning Commission was here to discuss an interim ordinance, not to craft the final ordinance which will take much more research. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced letters from Susan and Craig Wall, and Ken Wendinger into the record. These letters were received after the staff reports were distributed and were passed out to the Commissioners before the meeting. Chairman Stulberg introduced Mr. Ken Wendinger of 5465 Orleans Lane. a Planning Commission Minutes May i 1, 1994. Page 77 Mr. Wendinger stated his concern was the setbacks in residential auras and he would like to see a larger setback required to protect homeowners from water problems. He said there could be possible lawsuits by residents because an ordinance has not been in place to protect homes from water damage and pollution of the wetlands. He said he would like to see a 25 foot setback plus a 25 foot buffer zone which wtuld protect water quality and filter out pollutants. He said he felt abuffer was more important than a setback because nothing can be built on a buffer. He said he was in favor of the two year limit and the allowance for individual variances. Chairman Stulberg explained that the word "developer can be interpreted as being an individual homeowner also. Chairman Stulberg introduced Mr. Bill Pritchard of Orrin Thompson Homes. Mr. Pritchard asked the Commission to consider extending the time limit from two years to three or four because of development time limits. He asked for a definition of when the two year time would begin. Chairman Stulberg responded that the two year time would be from the date the Interim Ordinance is adopted, back two years from that date. Chairman Stulberg introduced Ms. Sharon Meister of 3615 Evergreen Lane North. Ms. Meister stated that she supported the Interim Ordinance and encouraged the Commission to support the two year limit. Chairman Stulberg introduced Mr. Tom Ins of 5055 Evergreen Lane North. Mr. Jes stated that his concerns were that the City would approve a lot of variances. He said he was concerned with the City allowing larger building pads on lots and extending lots into the water and protected wetlands. He said he felt the planned Unit Developments lowered standards by allowing denser developments. Chairman Stulberg introduced Mr. Terry Porbord of Lundgren Bros. Construction. Mr; Forbord stated that he applauds this ordinance but that the two year limit for developers and/or individual homeowners with prior approval would put anunfair burden upon either to complete development. He encouraged the Commission to extend the time limit to five years. Chairman Stulberg introduced Ms. Rita O'Donnell of 12105 41st Avenue North. a Planning Commission' Minutes May 11, 1994 Page 78 Ms. O'Donnell stated, that she had been at meetings where developers stated they would be long gone once tighter restrictions were in force and this would leave the citizensholdingthebag. She said that citizens are already suffering from.fiooded basements and degraded water quality. She said she encouraged adoption of the strongest standards possible for the interim. She requested that each Commissioner explain their vote. Mr. Forbord stated that Lundgren Bros. intends to be developing in Plymouth for a long time. He said that they have always worked closely with City. He said that thesizeofaparceldeterminesbuildout, along with the desires of the owner. He said that buildersshould not he penalized for taking time to complete development and that a five year limit would be more fair. He explained that wet basements are not always caused.'oy homes being close to a wetland. He said factors such as the water table, types of soils, and whether drain tile has been installed can contribute to wet basements. Mr. Pritchard stated that responsible developers are not long gone but are here for the long term. He stated that he agreed with Mr. Forbord -regarding seasons for wet basements. Chairman Stulberg closed the public Hearing. Chairman Stulberg stated that from the beginning he was not in favor of an interim ordinance but he was now backing away from that position. He said he was not in favor of changing the two year limit because there was no justification to change,ir tothree, four or five years, He said the variance procedure can be used if there i4 hardship issue. Commissioner Hill stated that the variance was an option with justification and he favored maintaining the two year limit. Commissioner Black stated that she agreed with the opinions of Chairman Stulberg and Commissioner Hill, She said that she would like to see industrial setbacks be 50 feet. She said that the current minimum side yard setbacks of 10 feet in some districts isnot an adequate setback between adjoining properties; and, in the case of wetlands, she would like to see a minimum side yard setback of 25 feet, the same as rear yard setbacks. Commissioner Stimson stated that she would like to see the time limit on the number of years extended if it would save staff time. Commissioner Albro asked if the number of years could be tied to the size of the development. He said he supported the Interim ;Ordinance as written, and felt that Would be good for the short-term, 0 Planning Commission Mnutes May 11, 1994 Page 79 Director Hurlburt stated it would be difficult tie the year limit to the size of the development. She said it is best not to define and to deal with variances on a case-by- case basis. Commissioner Hill asked if there could be a 25 foot side yard setback from a wetland added to the ordinance. Director Hurlburt stated that this situation would be very rare as most wetlands were in rear yards and this would only complicate the issue. MOTION by Commissioner Hill; seconded by Commissioner Albro to recommend approval of the Interim. Ordinance„ with a change in the required minimum for commercial and industrial property reduced to a minimum of 35 feet. MOTION to Amend by Commissioner Black to change Page 3 q6 stating that the setback from a wetland for industrial sites should be minimum of 50 feet with a 25 foot side yard setback. Motion died for lack of second. MOTION to Amend by Commissioner Stimson, seconded by Commissioner Albro to change the -time limit to three years. Commissioner Stimson stated that she favored extending the time limit if it would save staff time from having to review variance after variance. Roll Call Vote on Motion to Amend. 2 Ayes. Commissioners Hill, Black, Oja and Chairman Stulberg voted Nay. Motion failed on a 4 to 2 vote. Roll Call Vote on Main Motion. 6 Ayes. Motion carried on a unanimous vote. Motion to Adjourn by Commissioner Black, seconded by Commissioner Oja. The, meeting adjourned at 10:05 p.m. a