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HomeMy WebLinkAboutPlanning Commission Minutes 04-26-1995CITY OF PLYMOUTH PLANNING COMMISSION MINUTES APRIL 26, 1995 A regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. byChairmanMikeStulberg, MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Saundra Spigner, Linda Oja, Virginia Black, Allen Ribbe, Christian Preus and Barb Stimson MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner and Planning Secretary Denise Hutt MOTION by Commissioner Stimson, seconded by Commissioner Black to approve lite April12, 1995 minutes. Vote. 6 Ayes. (Chairman Stulberg abstained.) CONSENT AGENDA JOHN AND SHARON RlAN (95019) MOTION by Commissioner Black, seconded by Commissioner Preus to recommend approval of the request by John and Sharon Ryan for a Lot Division/Consolidation for property locatedat14690 -11th Avenue North. Vote. 7 Ayes. MOTION carried unanimously. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT (95026) MOTION by Commissioner Black, seconded by Commissioner Preus to recommend approvaloftherequestbySuburban. Hennepin Regional Park District for a Site Plan Amendment to permit an outdoor storage area west of the existing Park Maintenance Facility located atFrenchRegionalPark, 12615 County Road 9, Vote, 7 Ayes. MOTION carried unanimously. Planning Commission Minutes April 26, 1995 Page #70 CITY OF PLYMOUTH (95040) Chairman Stulberg introduced the request by the City of Plymouth for Amendments to the1994-1998 Capital Improvement Program. Assistant City Manager Lueckert gave an overview of the April 13, 1995 staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speakontheissue; MOTION by Stimson, seconded by Commissioner Spigner to recommend approval of therequestbytheCityofPlymouthforAmendmentstothe1994-1998 Capital ImprovementsProgram. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOEN LEDER CONSTRUCTION, INC. (95005) Chairman .Stulberg introduced the request by Moen, Lauer Construction, Inc. for aPreliminaryPlan/Plat for property located at the northwest comer of County Road 24 andHighway55. Senior Planer Keho gave an overview of the April 20; 1995 staff report. Senior PlannerKehopresentedarevisedresolutionnotingtwonewconditionswereaddedpertainingtotheMPUDFinalPlan/Plat approval and that no loading docks shall be permitted within 300 feetofresidentiallyzonedproperty. Senior Planner Keho stated that the proposal is exempt from the new Wetland Ordinance. HeaddedthatthePUDwasalreadyapprovedandcreatedforthissitein1991. Commissioner Oja asked to look at the map Senior Planner Kelm presented indicating areas inPlymouthwithheavytrucktrafficoccurringinaresidentialarea. Commissioner Preus wanted to know if an ingress/egress is an option off of Highway SS. PlannerKelio replied that an ingress/egress isnot possible off Highway 55. Commissioner Preus asked if County Road 24 is a possibility for an ingress/egress, Senior Planner Keho responded the applicant has only received approval for an ingress onCountyRoad24, Planning Commission Minutes' April 26, 1995 Page #71 Commissioner Spigner asked if staff has exhausted all other means for entrances to the property. Senior Planner Keho replied that staff had reviewed a letter from MnDOT stating that it is too dangerous to add another intersection. Senior Planner Keho stated that when the PUD was approved by the Planning Commission and City Council, the access was deemed appropriate. Chapman Stulberg questioned what happened to the cloverleaf that was proposed for this area. City Engineer Faulkner replied that the City Council decided not to purchase the property required for the construction of an interchange at the time the Seven Ponds PUD was proposed. Director Hurlburt stated that an interchange is indicated on the long-range transportation plan;, and the City would have to go back and purchase the right-of-way if it were ever to be constructed. Commissioner Cja asked how far would you have to go west on Medina Road from County Road 24 before you could put in a street. City Engineer Faulkner responded that the closest point allowed for a street is where Holly Lane is now. Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen stated that he met with the neighbors to hopefully alleviate some of their concerns with the project. Mr. Moen stated that children waiting at the bus stop can stand back 75 to 100 feet, the bus would stop and extend the arm and then children would approach the bus. Mr. Moen stated that most of the neighbors knew that this area was zoned industrial Mr. Moen stated that it is too tight to have a full intersection on County Road 24 and that Medina Road was designed to handle heavy traffic. Mr. Moen added that the proposed use for the site has a relatively low traffic generation rate compared to residential, ;shopping, or office use. Commissioner Preus asked if Mr. Moen had applied to the County for an egress/ingress on County Road 24, Mr. Idoea replied that he requested an egress/ingress on County Road 24 both verbally and in writing, but were denied the egress because of stacking, Mn Moen stated that he would be required to pay the cost of the ingress on County Road 24. a Planning Commission Minutes April 26, 1995 Page #72 Commissioner Preus asked if there was not a safety problem on County Road 24, would it be a better access to the site than Holly Lane. Mr. Moen responded that the County has stated that it is not an option for an egress on County Road 24 and they were fortunate to get approval for an ingress. Commissioner Preus stated he was concerned with the safety of the children at the bus stop and asked if the majority of the morning traffic would enter the industrial site on County Road 24, . Mr. Moen replied that a majority of the traffic should be entering on County Road 24, but that there would be a stop sign on Holly Lane as you exit the industrial site.. s Commissioner Preus asked if there would be much traffic leaving the site in the morning. Mr. Moen stated that most people go to work and', stay until noon for lunch or the end of the day. Commissioner Preus asked when the majority of the buck traffic would take place. Mr. Moen replied that most tenants would probably use vans or trucks and traffic would be coming and going at various times. Commissioner 5pigner asked what the speed limit; was on Medina Road. City Engineer Faulkner replied that the speed limit is 40 mph. Commissionerbja asked why there is no longer a need fora Variance. Mr. Moen responded that they eliminated one dock door on building H2 so it is not within 300' feet of the residential area. Commissioner Oja asked if there would be any overnight parking of trucks waiting to unload. Mr. ;Moen replied he did not know for sure, it would depend upon tire tenant. Commissioner Oja asked If the intersection at Medina Road and Holly Lane would be a controlled intersection. City Engineer Faulkner replied that it would first be a four-way stop and at full development it Would then be a signaled intersection. Commissioner Oja asked who supervises the bus stop.. Planning Commission Minutes April 26, 1995 Page 1173 Mr. Moen responded that the rules are set by the bus company (school district) and the bus stop would be monitored by the parents.. Chairman'Stulberg continued the pulic hearing from the April 12 Planning Commission meeting. Chairman Stulberg read the letters submitted from Jeff and Laura Baenen of 1751532nd Avenue, Mike and Jennifer Moroz of 3485 Holly Lane, Laurie Jones of 3430 Jewel Larne, Bill and Barb Zettel, Bill Jarvey of 3390 Olive Lane North, Dan and Dee McCarthy of 3455 Holly Lane, Michael and Barbaro Sorensen of 3375 Olive Lane North, Jolmiothan Slavens of 3410 Holly Lane North and Thomas and Susan Rugh of x440 Jewel Lane North, all opposed to the project. Chairman Stulberg also introduced letters fronn Terry Forbord of Lundgren Bros. Construction, Inc. and two letters from MnDOM Chairman Stulberg introduced Ralph Ziesmer of 17510 32nd Avenue North. Mr. Ziesmer stated he was concerned with types of hazardous materials that could be hauled into the site and the possible fuel leakage from the trucks. He stated that the trucks could scare away the wildlife if tht, area and that residents have not been told how many trips per day will be generated from this site. Chairman Stulberg introduced DavidWaterhouse of 3425 Jewel Lane. Mr. Waterhouse stated that this project is not compatible with a residential area. Chairman Stulberg introduced John Slavens of 3410 Holly Lane Mr. Slavens stated that he appreciated the developer meeting with the neighbors, but he was still concerned with have only one egress for this site and that it feeds into a residential neighborhood. Mr. Slavens stated that the neighbors should be able to have more input and every pos.able alternative should be checked by staff, Mn Slav ins stated he talked with Jeff Bednar of Strgar-Roscoe-Fausch and he indicated that he only looked at the school bus stop and the traffic count, but would be willing to look at a possible one-way on Medina Road and other alternatives. Chairman Stulberg introduced Brian MbMorris 3255 Garland Lane North. Mr. McMorris stated he Wal concerned about the development to the east of this proposal. He stated he was also concerned with the ingress/egress and maybe there is a possibility to extend the barrier and restrict Medina Road to one-way traffic. Chairman Stulberg introduced Dan McCarthy of 3455 Holly lame North. Planning Commission Minutes April 26, 1995 Page #74 Mr. McCarthy stated that there are public safety and health issues beyond the bus safety issue that need to be addressed by the Planning Commission and City Council. He stated that children need to have safe access to other neighborhoods and parks. Mr. McCarthy stated he was concerned with compatibility of this development and the approved PUD. He added that the covenant for the PUD states that lands may not be used for significant truck and trailer traffic. Chairman Stulberg introduced Harry Lindberg of 3435 Holly Lane North Mr. Lindberg stated he was told by Dave Zetterstrom of Hennepin Ccunty that staff could pursue a political warrant to obtain an ingress/egress on County Road 24. or access from Highway 55. Mr, Lindberg stated that this proposal is not compatible with a residential area. Chairman Stulberg introduced Laurie Jones of 3430 Jewel Lane North. Ms. Jones stated that she was not opposed to the area being zoned for industrial development, but that this proposal does not meet the criteria:of the MPUD compatibility with the stated purposes. Ms. Jones stated that there is nothing to keep the developer from using all of theloadingdocks. Ms. Jones stated that an RAW should have been required as the square footage of 292,0Oo is borderline to the mandatory threshold of 300,000 square feet, and staff should insist on one. Ms. Jones stated there is a lack of a safe ingress/egress for this site and the developer should be. required to conform to the protective covenants of MPUD 95-01. Ms. Jones added that if this proposal is approved, it would contradict the City's Mission Statement. Ms. Tones asked for clarification of the Engineer's Memo non-compliance items particularly the grading of ponds. Chairman Stulberg introduced John Helge¢ of 3420 Holly Lane North Mr. Helgen,stated the possibility of an egress on County Road 24 needs to be pursued and all alternatives need to be explored. Chairman Stulberg .introduced Hans Hagen of 941 NR Hillwind Road, Minneapolis. Mr, Hagen stated he was the developer of Seven Ponds and purchased the property in the late1980sbeforeitwasincludedintheMUSAline. Mr. Hagen stated all potential homeowners were informed verbally that the property Was zoned industrial. He added that for any of his future developments, the information would be disclosed in Writing. a Planning Commission Minutes April 26, 1995 Page #75 Mr. Hagen stated that he attempted to get the property rezo^ed from industrial to residential, but was denied by the Planning Commission and City Council, and subsequently be sold the property to Moen Leber. Mr. Hagen stated that covenants are recorded on the property, but only for the residential portion, not the industrial portion. Chairman Stulberg introduced Steven Frangier of 3445 Holly Lane North. Mr. Frangier stated he was frustrated with different staff interpretations regarding the wetland mitigation and it needs to be clarified. Mr. Frangier stated his main concern is safety and sharing an entrance with an industrial complex. 'Mr. Frangier wanted to know where Holly Lane will be extended to. Chairman Stulberg introduced Tim Finley of 3425 Holly Lane North. Mr. Finley stated he was concerned that there will be traffic jams at County Road 24 and Medina Road that will back up to Holly Lane Chairman Stulberg introduced Mike Leuer of 2605 Fernbrook Lane North, the petitioner. Mr. Lcuer'stated Medina Road and County Road 24 are on the Transportation Plan and are designed to handle the traffic and safety issues. Chairman Stulberg introduced Tom. Burr of 292 21st Street SE, St. Cloud. Mr. Burr stated he is the Director of Transportation for the Wayzata School District. Mr. Burr stated he talked with three representatives from the neighborhood and informed them the children can stand off Holly Lane until the bus approaches and puts out the stop arm, and then the children can approach. He stated this situation in not uncommon throughout the district, but it takes cooperation of the children and parents to make this work. Mr. Burr commented that it would be safer to have a different ingress/egress location other than Holly Lane, but it is the school district's responsibility to provide a safe 'bus stop and work with whatever is approved. Chairman Stulberg introduced Greg Katchmark of 3475 Holly Lane North. Mr. Katchmark stated he; was concerned with safety of children riding bicycles along Medina Road, Mr. Katchmark stated that in Ids conversation with Mr. Zetterstrom of Hennepin County there were four intersections in Plymouth granted with "political warrants" and this needs to be pursued by ;staff. Mr. Xatchmark commented that staff needs to consider different levels of industrial zoning before this project goes any further. a Planning Commission Minutes April 26, 1995 Page #76 Chairman Stulberg introduced John Yenta of 2927 Ewing Avenue South. Mr. Yenta stated that he markets the property for Moen Leuer Construction and that this proposal would fit in aesthetically. He added that if this property was zoned residential it would have a greater traffic generation rate. Chairman Stulberg closed the public hearing. Senior Planner Keho explained the adevelopment review process and the City's Development Review Committee. He stated this proposal did not fall into the category of a use involvinghazardouswaste. Director Hurlburt added that at this point the tenants are not known, but when the tenant finish is done the building department looks at code requirements relating to materials storage. Setuor Planner Keho statedthis proposal is compatible with the original concept plan that was approved in 1991 and is separated from residential by four lanes of highway, berm and screening. City Engineer Faulkner stated the City would not support a one-way on Medina Road as it is amajorcollectorstreetandtheproposalmeetstheuseintended. City Engineer Faulkner explained that Strgar-Roscoe Fausch is a consultant hired by the City and was only asked to provide information requested by staff. Senior Planner Keho stated that the Development Review ,Committee addresses safety issues. and the proposed trail on the south side of Medina Road would be built within 18 months after the bond referendum, if approved. Mr. Moen stated that if an ingress/egress Was granted for County Road 24, and if it did notdelayhisproject, that would be acceptable. City Engineer Faulkner stated that he was not familiar with the term "political warrant" and did not know how the process for one would begin Director Hurlburt commented that there is no formal application for a "political warrant" and staff is adhering to what MnDOT and the State has stated regarding entrance to the proposed site. Chairman Stulberg stated a "political warrant" is not appropriate for the Planning Commissiontogetinvolvedin, a Planning Commission Minutes April 26 1995 Page #77 City Engineer Faulkner explained that non-compliance items on indicated on the Engineer's Memo means the developer has not fulfilled that particul-ir requirement yet, but would have to prior to proceeding with the pmject. He added that the applicant has not met the conditions oftheStateWetlandConservationActatthistime. Director Hurlburt -rated the State Wetland Conservation Act (WCA) is a separate permit Process from the City's Wetland Ordinance, which requires buffer areas around wetlands. She added that this property is not required to comply with the City's Wetland Ordinance withrespacttobuffers, but does have to comply with the State Wetland Conservation Act. Chairman Stulberg reiterated that the covenant on the MPUD does not apply to the industrial arca, only the residential area, and that the City does not have power to interfere with theprivatecovenants. City Engineer Faulkner stated that some vehicles may take Jewel Iane in order to avoid congestion at Medina Road and County Road 24, but prior to that point the added trafficwouldwarrantastoplightatCountyRoad24andMedinaRoad. Mr. Moen stated that in industrial complexes that the crime rate and t aftic is relatively low. He added that Medina Road and County Road 24 are designed to handle the traffic. Mr. Moen stated that all items on the Engineer's Memo have been addressed and he intends tocomply; Mr. Moen stated that the only major wetland on the site is filled with garbage, rocks, glass, and shingles which will be mitigated. He added that there are seven wetlands proposedtobeaddedtothesite. Commissioner Black asked how more industrial classifications could be initiated. Director Hurlburt responded that the City has been planning to do an update to the Comprehensive Plan and the Transportation Plan and after that is campleted the ZoningOrdinancewillbelookedat. She stated that tite review of industrial classifications may nottakeplaceuntil1996or1997, but the City Council could accelerate that. Commissioner Black asked when the Comprehensive Plan is looked at, will the issue of compatibility of industrial and residential areas be addressed. Directorliurlburt responded that the issue of compatibility will be addressed. Commissioner Ribbe questioned if outbound truck traffic could bo forced to go west to CountyRoad101andthenbacktohighway55wherethereisacontrolledintersection. Planning Commission Minutes April 26, 1995' Page #78 Director Hurlburt responded that if all traffic is forced to go west on Medina Road, approximately one mala, there would be more traffic along a long stretch of residential area than traffic would access County Road 24 to get to Highway 55 Commissioner Stimson stated she would not support changing Medina Road to a one-way where the speed limit is higher than currently on County Road 24. Commissioner Preus asked if there is going to be a congestion problem during peak hours on County Road 24 and Medina Road. City Engineer Faulkner replied that under full development there will be enough traffic to warrant a traffic light, but not for at least a few years. Corrunissioner Black poinded out that the majority of the morning traffic will be coming from the cast and can take a right on County Road 24 or tum on Medina Road and take a right on Folly Lane which means residents will be using the opposite sides of the streets at peak times. She added that it would be more of a problem in the evening with traffic coming out of development and crossing Holly Lane and interfering with residents coming home to turn reft on Holly Lane. Commissioner Preus asked if traffic congestion would be less of a problem at County Road 24 and Holly Lane than Highway 55 and County Road 24. City Engineer Faulkner replied affirmatively. MOTION by Commissioner Stimson, seconded by Black to recommend approval of the request by Moen Leuer Construction, Inc. for an MPUD Preliminary Plan/Plat and Final Fan/Plat for property located at the northwest corner of County Road 24 and Medina Road, subject to the conditions listed in the April 20, 1995 staff report and revised resolution. Commissioner Spigner commented that she was still concerned with the safety of children and there should be other alternatives for this project to make it work. Commissioner Stimson stated that it is responsibility of the Planning Commission to follow the Comprehensive Plan as previously approved by the City Council. She stated that the developer has been conscientious of aesthetics, berming, screening, and meeting with the neighbors. She added that Medina Road was built with this land use in mind. Commissioner Oja asked who would pay for controlled intersection at Medina Road and County Road 24. City Engineer Faulkner replied that the City would pay for Medina Road and Holly Lane; and the City and County would pay for County Road 24 and Medina Road. a Planning Commission Minutes April 26, 1995 Page k%9 i Commissioner Oja asked if the developer would have to pay anything. City Engineer Faulkner n u;jnded that the developer ,has been assessed for all streetimprovements. Commissioner Oja stated her concern for trucks taming from Holly Lane on to Medina Road and the potential of all truck dock bays being used. Commissioner Ribbe stated he could not support something that is going to accept traffic congestion on a Plymouth City street, not meeting the best interest of the residents. Commissioner Preus stated that his concurs with Commissioner Stimson that the general guidelioes were laid out previously and the petitioner has satisfied all requirements. Commissioner Black stated she would prefer not to have a residential neighborhood next to an industrial area and there should be more of a buffer between them, although the petitioner has met all of the requirements. She stated the Comprehensive Plan should be addressed in order to avoid this type of situation in the future. Chairman Stulberg stated he didn't vote in favor of a previous proposal for this site as it wasmulti -family housing as it would have addod too much traffic to the area; Roll Call Vote, 4 Ayes. MOTION carried on a 4-3 Vote. (Commissioners Spigner, Oja, andRibbevotednay.) Chairman Stulberg called a recess at 9:53 p.m. and the meeting was reconvened at 10:10 p.m. INDEPENDENT SCIi00L DISTRICT 284f WAYZATAI (94131) Chairman Stulberg introduced the request by Independent School District 284 (Wayzata) for Rezoning, PUD Preliminary Plan/Plat and Conditional Use Permit and Variance for the proposed high school complex on property located northwest of the intersection of Peony LaneandtheSooLinetracks. Planning Supervisor Senness gave an overview of the April 21, 1995 staff report. Commissioner Ola asked why the school district proposes more parking spaces then requiredbyCitystandards. Planning Supervisor Senness replied that it was the school district's decision. Chairman Stulberg introducer! Ken Gmbow, representing the petitioner. a Planning Commission Minutes April 26, 1995 Page #80 Mr. Grabow, architect for the project stated he would be available for questions, if needed. Chairman Stulberg introduced Craig Paul, the petitioner. Mr. Paul stated there is a need for the 1,000 parking spaces when the school opens, as they are required to have a 4:1 parking ratio for the stadium. He stated that some of the grass area will be turned into parking spaces in the future., Commissioner Stimson commented that the request may not be enough parking spaces. Chairman Slulberg opened and closed the public hearing as no one was present on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Preus to recommend I approval of the request by Independent School District 284 (Wayzata) for Rezoning, PUD Preliminary Plan/Plat and Conditional Use Permit and Variance for property located northwest of the intersection of Peony Lane and the Soo Line tracks, subject to all conditions listed in the April 21, 1995 staff report. Commissioner Black questioned condition N12b of the approving resolution Director Hurlburt explained the condition means that any hazardous trees accessible to the public would have to be removed. She added if any of the trees in the open space to be acquired by the City are hazardous, they would be removed by the City Forester. MOTION by Commissioner Black, seconded by Commissioner Spigner to amend condition 1/126 to state "Removal of all hazardous trees on the construction site at the owner's expense". Commissioner Black stated that removing all hazardous trees from the property would takeawayhabitatforthewildlife. Director Hurlburt stated that it is a standard condition and not the intent to remove all deadtrees. Commissioner Oja commented that hazardous trees could include dutch elm disease and theyshouldberemoved. Director Hurlburt stated that changing the wording would have no real effect. Roll Call Vote on MOTION to Amend. 5 Ayes. MOTTON carred on a 5-2 Vote. Commissioners Preus and Oja voted nay.) Roll Call Vote, on Main Motion, 7 Ayes. MOTION carried unanimously. 0 Planning Commission Minutes April 26, 1995 Page #81 JANCO. INC. t 415 Chairman Stulberg introducedthe request by Janco, Inc. for Rezoning, PUD Concept Plan, Preliminary Plan/Plat for property located at the southeast comer of Old Rockford RoadCountyRoad9) and Peony lane. Senior Planner Keho gave an overview of the April 14, 1995 staff report. Chairman Stulberg introduced Mike Gair, representing the petitioner. Mr. Gair gave an overview of the proposal stating Rottlund Homes will be building the 44zero -lot line detached houses and the 92 attached multi -family units. He added a neighborhoodretailcenterwouldbelocatedatthesoutheastcornerofRockfordRoadandPeonylane. Mr. Gair stated this proposal has diverse housing types and would take 18-24 months forRottlundHomestocomplete. Chairman Stulberg asked how long would it take before the project is turned over to RottlundHomes. Mr. Gair stated Rottlund should be able to begin construction in late July, Commissioner Spigner asked who would be building the eight single family dwellings locatedinthenortheasternportionofthesite. Mr. Gair stated the current owner of the property fives in one home and will retain the othersevenlotstobedevelopedbyindividualhomeowners. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Larry Babiracki of 17535 41st Avenue North. Mr. Babiracki stated he would like to have all single family dwellings built and that the currentproposalwoulddecreasehispropertyvalueifapproved. Mr.. Babiracki asked for a definition of zero -lot line homes and if there were any in Plymouth. Mr. Babiracki wanted to know whatthesquarefootageandsellingpriceoftheunitswouldbe. Chairman Stulberg introduced John Cudo of 17520 41st Avenue North, Mr. Cudo stated he was concerned with potential assessments for water and sewer to beinstalledinhisarea. Mr. Cudo wondered why this would be reclassified to IA -3 if there isalready65acresofLA -3 land that is vacant now elsewhere in the City. a Planning Commission Minutes April 26, 1995 Page #82 Mr. Cudo stated that his property value could change drastically if this was approved. Chairman Stulberg introduced Susan Jude of 17535 41st Avenue North. i Ms. Jude stated this area should remain LA -1 and was concerned that they may lose access to t Highway 55 from 41stAvenue North. k Chairman Stulberg introduced Kathy McGowan of 17530 Highway 55. Ms. McGowan stated this proposal should have bigger lots. Ms. McGowan was concerned j with the added traffic on Peony Lane and Highway 55, as it already is busy. i Chairman Stulberg introduced Jack Rice of 3914 IDS Center. Mr. Rice stated the developer should be more specific on the Concept Plan and asked what the access would be off of Peony Lane. Mr. Rice also asked what CR -1 would allow. Chairman Stulberg introduced Marie Hughes of 17515 41st Avenue Ms. Hughes stated she was concerned with zero -lot lines and cutting off access to Highway 55. Chairman Stulberg introduced Mel Mastley of 18035 Old Rockford Road. Mr. Maslely was concerned with the water table, in the area and his daughter's driveway at 4435 Peony lane. Chairman Stutberg closed the public hearing. t Mr. Gair explained that with zero -lot lines the dwelling is set three foot off the interior lot line, with the rest of the yard areas in common open space. He stated the zero -lot line homes . will range from 1,360 square feet to 2,020 square feet and a price range of $110,00 to 130,000. The attached homes will range from 1,225 square feet to 1,258 square feet moi price range from the upper $80s to $110,000. Mr. Gair stated there are zero -lot line homes in the Suncourt Homes development on Niagara lane and 18th Avenue. City Engineer Faulkner stated the developer would be required to extend water and sewer to the residential site, but others would not be required to hook up to sewer and water because of the development unless they petitioned the City for service. Director Hurlburt stated staff would check to make sure this is correct. Planning Commission Minutes April 26, 1995 Page #83 Senior Planner Keho stated there may be other land available for this proposal, but staff concurs that this proposal is an appropriate use for this particular piece of property. He stated that at some point in the future the state would want to eliminate access along Highway 55 and that this proposal has a cul-de-sac that would not allow access out to Highway 55. He added that the City does not have control over access on highway 55, the state controls it. City Engineer Faulkner stated this proposal for requiding should create less traffic than the current guiding. Senior Plainer Keho acknowledged that the property owner notice did not mention speck rezoning. Director Hurlburt stated that staff will look at improving the information on the property owner notices to be more speck. Mr. Gair offered that the retail may consist of a small neighborhood read service center. Senior Planter Keho stated permitted uses would be medicalldental clinic, offices, beauty shop, general retail, automobile center, garden center, and other uses that would require a Conditional Usa Permit also. City Engineer Faulkner stated that the City Council has approved a preliminary report indicating that Peony Lane will be four lanes with turn lanes likely. City Engineer Faulkner stated that staff will look more closely at the water table in the area when the trunk sewer goes in later this summer along Peony Lane. He added that staff is aware of the access situation at 4435 Peony Lane and it will be addressed when Peony Lane is changed to four lanes. Mr, Gair stated that two smaller auras of wetlands will be protected and preserved, as the current law requires a replacement ratio of 2:1. Senior Planner Keho stated that there appears to be a need for additional CR -1 classification in this particular area. MOTION by Commissioner Black, seconded by Commissioner Spigner to.. recommend approval of the request by Janco Inc, for a PUD Concept Plan, Preliminary Plan/Plat, Land Use Guide Plan Amendment, Rezoning and Conditional Use Permit for property located in the southeast comer of Old Rockford Road and Peony Lane, subject to all conditions listed in the April 14, 1995 staff report, Commissioner Oja commented that it seems like there has been numerous requests for LA -3 and very We LA4 proposals and wondered if the City is over -developing LA -3, a Planning Commission Minutes April 26, 1995 Page #84 Senior Plattner Keho responded that there have been requests approved lately for a huge number of single family homes as in Soo Line West and Soo Line bast. He added that in the last few years there have not been many multi -family requests. Director Hurlburt stated there is a shift in the housing market and a demand for smaller lots and attached homes. She added that the majority tPlymouth is still single family detached homes on larger lots. Commissioner Spigner asked how the land in this development would be maintained. Mr. Gair replied that the single family dwellings in the northeast portion will be privately owned and maintained, and the remaining area will be maintained by a homeowner's association. Commissioner Stimson asked what could be built under the CL guiding. Senior Planner Keho replied that medical office clinics, financial institutions, offices and with Conditional Use Permits, restaurants, hospitals and hotels. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Chairman Stulberg voted nay.) LEN BUSCH ROSES (95037[ Chairman Stulberg introduced the request by Lea Busch Roses for a Site Plan Amendment for the addition of a now greenhouse located at 4045 Highway 101. Senior Planner Keho gave an overview of the April 17, 1995 staff report. Chairman introduced Len Busch, petitioner. Mr. Busch stated that he concurs with the staff report. MOTION by Commissioner Stimson, seconded by Commissioner Spigner to recoslmend approval of the request by Lea Busch Roses for a Site Plan Amendment for the additions of a new greenhouse located at 4045 Highway 101, subject to the conditions listed in the Api2117, 1995 staff report. Vote. 7 Ayes. MOTION carried unanimously, a 7 Planning Commission Minutes April 26, 1995 Page #85 DEILOPER DISCLOSURE OF POTENTIAL ADJACENT LAND USE, Commissioner Ribbe presented a report for Commissioners to review for a,future meeting. He stated this issue was raised because of the earlier proposal by Moen Lauer Construction. He added that he would like to have developer's disclosures more formalized. Commissioner Ribbe stated that in his research, no other City he talked with has an ordinance pertaining to developer disclosure. He added that Maple Grove had a proposal, but it was not approved. Commissioner Spigner stated her concern would be information printed in the developer's disclosure and the City would be held to it. She stated that if the Comprehensive Plan changes, areas will have to be rezoned and the City could be restricting themselves. Commissioner Ribbe stated that people should be notified what exists now and that the developer should provide written illustrations to the buyer at the time of purchase. Planning Supervisor Senness stated thatshecontact the Planners Advisory Services in Chicago and they did not have any information on developers' disclosures. Commissioner Oja asked if this would be for new construction or all home sales. Commissioner Ribbe answered that he did not know at this point, but mainly with new construction. Chairman Stulberg stated that you can not tell developers how to market their product and that if we did, we would have to monitor. Commissioner Oja stated it would be appropriate for new construction. Commissioner Stimson commented that itis a responsibility of the buyer and the seller and not the Planning Commission's place to legislate. Director Hurlburt stated that unfortunately it is common for people to say that they did not know what the area surrounding them was zoned for when they purchase the home. She added that not everyone checks the zoning classification with the City before they purchase. Director Hurlburt stated that it is customary for model home sites to display maps of did surrounding area. Commissioner Sdmson commented that the Phmning Commission has suggested disclosure to several, developers. 0 Planning Commission Minutes April 26, 1995 Page #86 MOTION by Commissioner Spigner, seconded by Commissioner Oja to adjourn.. Vote. 7 Ayes, MOTION carried unanimously. Meeting adjourned at 12:00 a.m. I 4 i i f j I I