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HomeMy WebLinkAboutPlanning Commission Minutes 07-15-2015Approved Minutes City of Plymouth Planning Commission Meeting July 15, 2015 MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Jim Kovach, Julie Witt, Donovan Saba, Bryan Oakley, Gary Goldetsky MEMBERS ABSENT: STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Marie Darling, Planner Kip Berglund 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Oakley seconded by Commissioner Goldetsky, to approve the July 15, 2015 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 17, 2015 PLANNING COMMISSION MEETING MINUTES B. 612 SIGNS, INC. (2015050) Approve a variance to allow signage to be placed above the roof line at 4425 State Highway 169. C. DAVID AND BETH BROWN. (2015053) Approve a PUD amendment for a swimming pool at 5605 Glacier Lane. MOTION by Commissioner Anderson, seconded by Commissioner Kovach, to approve the consent agenda. Vote. 7 Ayes. MOTION approved. Approved Planning Commission Minutes July 15, 2015 Page 2 6.PUBLIC HEARINGS A.ALCON ASSOCIATES, LLC. (2015033) Chair Davis introduced the request by Alcon Associates, LLC for a PUD amendment and preliminary plat for "The Villas at Bass Creek," a development with 53 single family homes on property located near the southwest comer of County Road 10 and Nathan Lane. Senior Planner Darling gave an overview of the staff report. Commissioner Anderson questioned the impact changing the setback from five to six feet would have, specifically how many lots might be lost or if crowding would occur near the wetlands. Senior Planner Darling replied that there are four floor plans available and noted that some of the narrower floor plans would need to be used on more of the lots. Chair Davis acknowledged the larger pads for smaller houses and questioned if there were any other changes from what had been previously approved. Senior Planner Darling replied that the change to the number of units was the only significant change. Chair Davis introduced Chuck Alcon, representing the applicant, who referenced the setback comment on page three of the staff report and asked another member of his team to speak on that matter. Rick Denman, with Charles Cudd, stated that this is a great site that has some challenges. He stated that a lot of time has been spent on the four-sided architecture with the intent to meet the current demands of market. He explained that the five-foot setback is being requested to provide variety. He explained that some lots will have a setback larger than five feet and explained that the curvilinear design of the street helps to fit the density while still providing a great aesthetic and variety. He stated that lots will be lost if the setback is required to be six feet. He stated that buyer demand will drive the placement of the home style and stated that the five-foot setback will provide them with the flexibility to create the best looking streetscape. He explained that additional measures were added to ensure privacy. He referenced the neighborhood in which the city receives complaints regarding the five foot setbacks and noted those are two story homes while these are one story homes. He explained that they are attempting to scale the homes to the lots. Commissioner Anderson questioned, and received confirmation that, the lots would all be 48 foot lots. He stated that it would then be possible to vary the home type between 36-and 38-foot wide homes. Approved Planning Commission Minutes July 15, 2015 Page 3 Mr. Denman noted that if the home is 38 feet in width, the only way that could fit onto a 48-foot wide lot would be if five-foot setbacks were allowed. He stated that in their opinion the streetscape would not vary enough without allowing the 38-foot wide homes as well. Chair Davis opened the public hearing. Chair Davis introduced Brad Frank, 5570 Nathan Lane, who stated that the intersection at Bass Lake Road and Nathan Lane is very congested and asked if there are any plans to improve that intersection with the increased traffic. He referenced the three outlots proposed in the plans and asked for additional information as he was not familiar with the term "outlot." He also asked the market value of the homes and any plans for the lighting of the outlots. Michael and Julie Kidwell, 5680 Trenton Lane, stated that their biggest concern is regarding the lack of preservation of mature trees. Ms. Kidwell stated that although the plan calls for a number of young trees to be planted, that is very different than preserving mature trees. She asked if the proposal could be adjusted to preserve mature trees on the perimeter of the development. Chair Davis closed the public hearing. Senior Planner Darling stated that this proposal is part of a larger plat. She stated that through the subdivision creating the plat, the city obtained additional right-of-way near the intersection of Bass Lake Road and Nathan Lane and therefore can begin looking at plans for future improvements at that intersection. She stated that although the plans for the intersection are under study, they are not necessarily triggered by this development. She provided a definition of the term "outlot," which is extra area maintained by the association and typically considered as green space and enjoyed communally. She noted that there will not be additional lighting on the outlots and there are no plans for a playground in the development. Mr. Alcon stated that the target market value will be between $490,000 and $600,000. He provided additional information on the outlots, noting that they are actual numbered lots that will be maintained by the homeowners association. Planning Manager Thomson stated that the city does have tree preservation regulations, and the applicant is meeting those regulations. Mr. Alcon confirmed that the application meets the requirements of the city in terms of tree preservation and noted that there is a significant effort placed on landscaping in all Charles Cudd developments. Marty Campion, with Campion Engineering, displayed the tree preservation plan. He noted that this is a difficult site because of the topography, the creek and other natural features. He identified trees on the periphery of the site and in interior areas that are going to be preserved through this plan. Commissioner Anderson stated that the application has an approximate removal rate of 40 percent, while some applications have a 50 percent removal rate. He referenced the tree sizes Approved Planning Commission Minutes July 15, 2015 Page 4 that are being removed and noted that a lot of the large trees are being preserved, and therefore stated he does have a problem with the removal rate. He referenced the lot width of 48 feet and the five-foot setback request, which would mean that the 3 8-foot wide home could fit on every lot and believed that to be a luxury. He said he believed that it would be possible for the developer to use the six-foot setback and not lose any lots if they were creative with that, but acknowledged that the best thing for the market would be to allow every plan on every lot. Commissioner Goldetsky stated that he would like the setback between homes to be even larger but believed that the suggested six-foot setback would be appropriate and would support the request with the six foot setback. Chair Davis echoed the comments of the previous commissioners and noted that he would also support the six-foot setback. MOTION by Commissioner Anderson, seconded by Commissioner Kovach, to recommend approval of the request by Alcon Associates, LLC for a PUD amendment and preliminary plat for "The Villas at Bass Creek," a development with 53 single family homes on property located near the southwest comer of County Road 10 and Nathan Lane. Vote. 7 Ayes. MOTION approved. B. FIRM GROUND ARCHITECTS AND ENGINEERS. (2015041) Chair Davis introduced the request by Firm Ground Architects and Engineers for a site plan amendment and conditional use permit amendment for building additions relating to the daycare located in Plymouth Creek Christian Church located at 16000 41 st A venue. Planner Berglund gave an overview of the staff report. Commissioner Anderson asked for additional information on the location of the trash enclosure. Planner Berglund replied that the enclosure would be moved west to the north side of the parking lot. He stated that the enclosure would have screening as required by the ordinance as well as additional landscaping. Chair Davis introduced Rev. Shane Isner, representing the Plymouth Creek Christian Church, who stated that he is available to answer any questions. Chair Davis questioned if the daycare would be run by the church or whether that would be operated by a third party. Rev. Isner replied that the daycare is a separate for profit business that is operated by a third party and not the church. Chair Davis opened the public hearing. Approved Planning Commission Minutes July 15, 2015 Page 5 Chair Davis introduced Mary Ann Reiss, 4285 Weston Lane, who stated that she has lived in her home for four years and during that time the noise and activity on the church site has increased and often disrupts her, even with her windows closed. She stated that she would like to see a barrier of trees placed along Old Rockford Road in attempt to provide some screening. She also requested the ability to construct an eight-foot fence on her property to replace the six-foot fence she already has, as the light still shines into her property with the six-foot fence. She noted that there are only a couple homes in the area which face the property and did not believe the request to plant additional trees would be a burden on the applicant. James Pomroy, 4305 Weston Lane, stated that his mother lives at 4290 Weston Lane. He stated that he is in support of quality affordable daycare but would also request a double row of evergreen trees along Old Rockford Road to provide additional screening to the homes on Weston Lane. He echoed the comments made by the previous resident regarding the noise and light issues that the homes on Weston Lane incur because of the alignment of the homes to the church property. He believed the additional trees would assist in blocking the light and decrease the noise levels. Chair Davis closed the public hearing. Chair David questioned whether there would be a requirement for planting trees along Old Rockford Road. Planning Manager Thomson stated that there is not such a requirement, noting that playgrounds simply require fencing for safety. Commissioner Anderson stated that the new design standards prevent light from spilling onto adjacent properties and questioned if the light is spilling all the way to these properties across 0 ld Rockford Road. Planning Manager Thomson replied that the light is from the vehicles on the site. Planner Berglund identified the drop off area for the new expansion and noted that the area would be screened by the building. Rev. Isner identified the current drop off location and also identified the parking and bus area for the neighboring school. Commissioner Saba stated that it appears the new building will solve the problem of the headlights shining into the neighboring home lots. Mr. Pomroy stated that he and his neighbors are already dealing with the traffic, lights and noise from the elementary school site and noted that the plans blend together the traffic for the church and school. He identified an open area that would still be a problem. He stated that while they do support the request for the daycare, they would simply like to see a low cost row of trees planted to assist in screening. Approved Planning Commission Minutes July 15, 2015 Page 6 Commissioner Goldetsky stated that the hours of operation would be for a church and daycare, which is minimal compared to other uses such as a bar. He questioned if there had been dialogue between the church and the neighbors prior to this meeting and received a response that there has not been. He questioned if the church would be open to that dialogue outside of this setting. Rev. Isner stated that he would absolutely be open to that dialogue to determine if a good resolution could be agreed upon to ensure they are being good neighbors. Chair Davis stated that it appears the residents are asking the church to plant the row of trees to provide screening from the elementary school. He stated that while that would be great if the church wanted to work with the neighbors to do that, the city could not require the church to do so as a condition. Mr. Pomroy recognized that the elementary school already exists and is not the fault of the church but also noted that this expansion will increase the number of children being dropped off early in the morning at the church site as well. Commissioner Anderson stated that he hoped the dialogue opened tonight between the church and homeowners will continue. He stated that he could go either way on whether or not the additional trees are required. Planning Manager Thomson stated that there is additional latitude with a conditional use permit but the burden of proof would fall to the city. She stated that the Commission could decide whether to add a condition or simply encourage that the parties work together to find a solution. Commissioner Oakley stated that he would prefer to see a condition added. Commissioner Goldetsky stated that he would support the application as is and perhaps there could be a good faith effort to continue the dialogue. He stated that there is noise from a playground as children are meant to laugh and have fun, and that he did not believe any noise decibels would be exceeded. Mr. Pomroy stated that when the neighborhood was developed they worked with staff to create a fence, which would make the development feel more like a neighborhood. He stated that over the years there has been a lot of headlight flashing over the fence. He stated that while they do like the noise of children laughing, he would like some screening between the homes and 65 children, noting that he speaks in representation of at least four other homeowners in his neighborhood. Ms. Reiss questioned the age level of the children in the daycare. Rev. Isner stated that the children range in ages between birth and pre-K, noting that the expansion focuses on those aged three and four. Approved Planning Commission Minutes July 15, 2015 Page 7 MOTION by Commissioner Oakley, seconded by Commissioner Goldetsky, to recommend approval of the request by Firm Ground Architects and Engineers for a site plan amendment and conditional use permit amendment for building additions relating to the daycare located in Plymouth Creek Christian Church located at 16000 41 st A venue with the added condition for screening with coniferous trees on the west 150 feet of the north side of the church, the number of trees not to exceed 30. Vote. 7 Ayes. MOTION approved. C. V ANMAN ARCHITECTS AND BUILDERS. (2015046) Chair Davis introduced a request by Vanman Architects and Builders for a site plan amendment, conditional use permit and variance for a warehouse addition and related site improvements at 5455 State Highway 169. Senior Planner Drill gave an overview of the staff report. Commissioner Anderson stated that he does not see a storm pond on the site and questioned if the existing storm sewer would be sufficient to handle the runoff. Senior Planner Drill replied that is correct and explained that the amount of disturbance is well below the threshold for the watershed and city and therefore on-site ponding would not be required. Chair Davis introduced Adam Holmes, representing the applicant, who stated that he is present to answer any questions. He stated that this will be a beautiful addition to a building that has seen a lot of transition over the years. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. Commissioner Anderson stated that it is always nice to see businesses in Plymouth expanding. MOTION by Commissioner Oakley, seconded by Commissioner Anderson, to recommend approval of the request by Vanman Architects and Builders for a site plan amendment, conditional use permit and variance for a warehouse addition and related site improvements at 5455 State Highway 169. Vote. 7 Ayes. MOTION approved. D. CITY OF PLYMOUTH (2015056) Chair Davis introduced a request by the City of Plymouth for a zonmg ordinance text amendment prohibiting cannabis-related uses. Senior Planner Darling gave an overview of the staff report. Commissioner Witt referenced a study, which was completed in October 2014 and questioned what has changed since that time. ApprovedPlanning Commission Minutes July 15, 2015 Page 8 Senior Planner Darling explained that in October of 2014 the City Council adopted an interim ordinance that is essentially a moratorium that means the city could not approve any of these uses until the city has time to study and look at their impact on the health, safety and general welfare of the community. She said we have now completed the study and made these proposals. She further stated that the moratorium enacted in October 2014 will expire in October 2015 and therefore the city has to have something in place before that time. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. Commissioner Goldetsky thanked staff for their efforts and said he ,believed that this will be helpful for enhanced public safety. Commissioner Witt stated that from a health care standpoint, there are positive uses for medical cannabis and that she did not feel comfortable supporting an ordinance where she was making a health care decision for someone. Commissioner Goldetsky noted that research is mixed on the benefit of medical cannabis, and the ordinance prevents the city from side effects that are outside of the medical industry. Chair Davis said he agreed with Commissioner Witt, noting that we should not be prohibiting these uses. Commissioner Goldetsky noted that few physicians are signing on to the program and that the rejection by physicians is significant. Chair Davis stated that he believes that physicians are taking a wait and see position, but medical cannabis is legal at this stage. Commissioner Anderson said what he sees here is a land use issue, not a medical issue. He indicated that all we are talking about is whether we want the ability to have facilities in the city, but that doesn't mean someone cannot get medical cannabis elsewhere. Commissioner Oakley agreed that we are dealing with a land use issue, but had concerns about regulating medical cannabis by land use. MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to recommend approval of the request by the City of Plymouth for a zoning ordinance text amendment prohibiting cannabis-related uses. Vote. 4 Ayes, 3 Nays. (Chair Davis, Commissioners Oakley and Witt voted Nay.) MOTION approved. 7.NEW BUSINESS 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:35 P.M.