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HomeMy WebLinkAboutPlanning Commission Minutes 10-21-2015Approved Minutes City of Plymouth Planning Commission Meeting October 21, 2015 MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Julie Witt, Bryan Oakley, Gary Goldetsky, Jim Kovach MEMBERS ABSENT: Donovan Saba STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Marie Darling, City Engineer Jim Renneberg, Community Development Director Steve Juetten OTHERS PRESENT: Councilmember Ned Carroll 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 October 21, 2015 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE OCTOBER 7, 2015 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to approve the consent agenda. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. SHAW CONSTRUCTION, INC. (2015073) Chair Davis introduced the request by Shaw Construction, Inc. for a site plan and conditional use permit for “Bass Lake Plaza” on property located at 5755 Nathan Lane. Senior Planner Darling gave an overview of the staff report. Approved Planning Commission Minutes October 21, 2015 Page 2 Commissioner Anderson stated that the drawing shows a sign with tenant written four times to represent the four tenants. He asked if the Commission is approving the sign at this time or whether the applicant would come back for the sign. Senior Planner Darling stated that this property is within the C-2 business district and provided the regulations that govern signs in that district. She noted that the applicant would come forward with a sign permit and the request would be approved if the sign meets the regulations. Chair Davis introduced Jack Shaw, representing the applicant, who stated that Shaw Construction is the design builder for the project. He stated that they have been through the staff report and are working with staff to meet the conditions. He stated that the developer would have additional comments on the hours of operation for the drive-thru. Chair Davis introduced Tom Gallagher, representing the property owner, who stated that this has been a difficult site and they have worked closely with staff. He stated that they understand most of the conditions but asked that the commission and staff reconsider the 6:00 a.m. drive-thru open time. He stated that there are four other coffee shops that have an open time of 5:00 or 5:30 a.m. for the drive-thru and they would like a similar opening time. He stated that he could approach the new neighbors to the south, noting that the property owner previously owned that site as well and they have a good relationship, to obtain their permission for an earlier opening time for the drive-thru should the commission desire that. Commissioner Anderson asked if the applicant is requesting 5:00 or 5:30 a.m. Mr. Gallagher stated that he would prefer 5:00 a.m. but would also be happy with 5:30 a.m. Chair Davis asked if the applicant was comfortable with the other conditions proposed by staff. Mr. Gallagher stated that he understands the reason for including those conditions and would be comfortable working with staff on the other conditions. He noted that the 6:00 a.m. start time could be a stumbling block for the proposed tenant. He added that he does not have the financial impact numbers back for the tum lane. Chair Davis asked if other coffee shops are opening at 5:30 a.m. Senior Planner Thomson stated that there are some with that earlier start time, noting that those locations are not adjacent to residential properties. She stated that coffee shops adjacent to residential properties have a start time of 6:00 a.m. Commissioner Oakley asked the start time of the McDonald's at Crossroads Commons. Senior Planner Drill stated that the start time had been discussed quite a bit. He stated that he thought the start time may have been 5:30 a.m. but noted he could look up that answer. Chair Davis opened the public hearing and closed the public hearing, as there was no one present to speak on the item. Approved Planning Commission Minutes October 21, 2015 Page 3 Councilmember Carroll asked what other coffee shop locations open at 5:30 a.m. Senior Planner Darling stated that many of the drive-thru locations in a commercial area open at 5:00 or 5:30 a.m. and provided examples. Commissioner Goldetsky asked if there have been any problems from the earlier opening times, mainly if there have been complaints received. Senior Planner Darling replied that the locations opening earlier than 6:00 a.m. are not located adjacent to a residential area. She referenced the location near Vicksburg and Highway 55 and noted that she has not received any complaints for that location. Commissioner Anderson stated that the drive-thru window is on the north side of the property, which is not adjacent to the residential development and asked if the concern was with lights from the vehicles shining into the development. He asked if that could be mitigated with landscaping. Senior Planner Darling stated that the plan was to mm1m1ze any impact on the residential development, including disturbance from headlights. She highlighted the proposed landscaping and advised of the added condition to extend the hedge further to address a gap in the proposed landscaping. Chair Davis stated that there is already some screening between the two properties, referring to an aerial photograph of the property. Senior Planner Drill stated that the McDonald's development is a PUD along Highway 55 and reviewed the hour limitations within that agreement, noting that he believed the business opens at 5:30 a.m. Chair Davis asked if McDonald's could open anytime they want. Senior Planner Drill confirmed that the business could open at 3:00 a.m. and are simply limited on the number of hours per day that they can be open. Commissioner Goldetsky asked for the typical volume at 4:30 or 5:00 a.m. for the drive-thru activity. Mr. Gallagher stated that he does not have that number right now but could get it. He stated that the resolution as proposed would include screening that would prevent the headlights from being seen and noted that there are also conditions regarding the volume of the order box and did not believe there would be an impact to the property to the south. He stated that the property to the south supports the project and he did not think he would have any problem obtaining their approval. Commissioner Oakley asked how late the business would stay open. Approved Planning Commission Minutes October 21, 2015 Page 4 Mr. Gallagher replied that the coffee shops usually wrap up by 8:00 or 9:00 p.m. and noted that they are not opposed to a 10:00 p.m. restriction. Chair Davis stated that he is not opposed to the 5:00 a.m. start time as the location is in a commercial area. MOTION by Commissioner Goldetsky, seconded by Commissioner Oakley, to recommend approval of the request by Shaw Construction, Inc. for a site plan and conditional use permit for "Bass Lake Plaza" on property located at 5755 Nathan Lane with a revision to Condition 6 that the hours for the drive-thru service window shall be 5:00 AM to 10:00 PM daily. Vote. 6 Ayes. MOTION approved. B. PROVIDENCE ACADEMY (2015076) Chair Davis introduced the request by Providence Academy for a variance for the height of the press box located on top of the bleachers west of the football field on property located at 15100 Schmidt Lake Road. Senior Planner Drill gave an overview of the staff report. He noted that one of the neighboring property owners has questioned the validity of the mailed notice that was sent to the required property owners and advised that the City Attorney reviewed the notice and has opined that it meets the state and federal requirements for notice. He stated that staff received another letter from a resident, which was provided to the commission that focuses on the area near the tennis courts, which is not part of the discussion tonight. Commissioner Goldetsky asked if the situation at Wayzata and Armstrong is substantially similar in regard to the height of the press boxes. Senior Planner Drill confirmed that the heights are within a few feet, noting that the Wayzata press box is a bit higher while Armstrong is a bit lower. Commissioner Goldetsky asked if there would be adverse impact if the vanance were not approved. Senior Planner Drill replied that question would need to be asked of the applicant. He stated that there would be no adverse impact on the city directly. Chair Davis asked about the effect of not approving the variance. Planning Manager Thomson stated that if the commission recommends denial, the press box would need to be removed from the current location. Commissioner Oakley asked for additional information on the location of the dome inflation units proposed and whether those locations are in compliance with the zoning ordinance. Approved Planning Commission Minutes October 21, 2015 Page 5 Senior Planner Drill stated that the dome inflation units are directly under the bleachers and noted that the school is working to screen that equipment to ensure that they are not visible, which complies with city requirements. Planning Manager Thomson replied that screening was one of the conditions of the administrative approval for the dome inflation units. Community Development Director Juetten stated that because of the location of the units, a noise study was required and completed twice, noting that in both cases the noise level was below the city requirement. Commissioner Anderson asked why a variance is being requested after the fact, specifically whether the definitions had changed or whether the applicant proceeded with something other than what had originally been approved. Senior Planner Drill stated that part of it may have been the timing of the changes to the code. He stated that when the original application was reviewed, the main focus was the 66-foot high dome and not the impact of the bleacher relocation. Chair Davis introduced Todd Flanders, representing the applicant, who stated that he is requesting approval of a variance for the height of the existing press box attached to the bleachers, which is the same press box that has existed since 2008. He stated that the press box was within the previously approved standards and provided similar heights of press boxes at both Wayzata and Armstrong high schools. He stated that the request has a basis in past precedent and satisfies the criteria for a variance. He stated that the application does not vary from the previously approved and received variances for the school. He provided other heights found on the property and notes that the press box would be below many other features on the school property. He also provided a sketch of the property, which identified the heights of the features and structures on the school property for comparison purposes. He stated that the press box benefits the school and the community and noted that there are no other feasible locations for the press box, which means that denial of the variance would negatively affect the students, school and community. He noted that the variance would not have an impact on adjacent properties and advised that the school has worked with neighboring property owners to add additional screening of the site. He also identified other voluntary upgrades that have been installed by the school which benefit neighboring property owners. He stated that the school has also offered to paint the press box a single neutral color and add additional trees for screening purposes. Commissioner Goldetsky stated that the idea of a variance is the minimum requirement and asked how this meets the minimum requirement for the project. Dr. Flanders stated that the bleacher package is fairly standard and the intent had been to reuse the original press box from 2008. Commissioner Goldetsky stated that the press box is not an essential requirement for the school or field house. He asked if the kids would suffer from a lower press box design. Approved Planning Commission Minutes October 21, 2015 Page 6 Dr. Flanders stated that he was unsure how to answer that question. Jack Amdal, Studio 55 Architects, stated that this was the original press box, which has an eight foot height with floor and ceiling joints that add to the height. He stated that the grandstand provides stadium seating and the press box needs to be higher than the height of those standing in the highest row. He stated that the press box is not as large as the press box at Wayzata or Armstrong and therefore the taping occurs on the roof of the press box. Commissioner Goldetsky stated that some of the materials received show there was dialogue with the neighbors and the school and his interpretation is that there was a breakdown of communication and asked for additional information. Dr. Flanders stated that he does not believe there is a breakdown of communication, noting the additional voluntary enhancements that the school completed and/or proposes. He stated that this request is in line with the other schools in Plymouth. Commissioner Witt stated that she understands that the school is national and not just local. Dr. Flanders stated that they like to consider that while they have national attention, they serve the local community. Commissioner Witt stated that there must be some type of templates for the buildings and facilities and found it interesting that the school keeps coming back for variances. Dr. Flanders replied that the school is independent and does not have ties to any other school. Commissioner Witt stated that she has been to the property and understands what is being said about the press box but did not believe that comparing this property to the other schools is an accurate comparison and likened it to comparing apples to oranges. She stated that while she does not oppose the press box, she does have an issue with the deck on top of it, as that seems to be too much. She stated that if she was a neighbor she would be frustrated that the school keeps coming back and back and back to the city for more. She said she had a sense that it would be intrusive for neighbors to look outside their window and see someone taping a game. Dr. Flanders stated that the original press box approved in 2008 is the press box that they are using and explained that they did not make changes or additions to it. He explained that the press box requires a filming area atop with a safety railing. Commissioner Witt asked what the variance is for. Chair Davis explained that the variance is because of the recalculations. Planning Manager Thomson stated that the height does not include the 3.5 foot railing and therefore that is not part of the variance request. She clarified that the 3.5 feet was not previously considered either. Approved Planning Commission Minutes October 21, 2015 Page 7 Dr. Flanders clarified that there is a small stairway inside the press box that provides access to the roof. Commissioner Kovach stated that in his experience the press box is probably undersized. He stated that previously the school was filming on scaffolding, which he found to be unsafe and believed this option to provide more safety. He commented that if the press box were painted a more neutral tone to match the property, it would probably not stand out quite as much as bright white. He referenced the comment neighbors made about the ability to see inside their windows and commented that most of the focus is on the field and not away to other buildings. He stated that if the variance is approved, he would like to see the outside painted to better match the school. Dr. Flanders stated that they are open to direction from the commission and neighbors. He agreed that the press box is small and there is limited space. Chair Davis asked if this is a public hearing. Planning Manager Thomson replied that although this is not a public hearing, public comments could be provided. Chair Davis referenced a section, which appears to be missing screening trees and commented that if that area was filled with trees there would be less issues. Senior Planner Drill stated that area has been planted with trees but those trees are not as high as the surrounding trees. He identified a wetland area that would not have had as many trees and noted that perhaps clearing had been done for a sewer line. Chair Davis introduced Mike Halvorson, 15367 64th Avenue, Maple Grove, who stated that his parents live at 5150 Quantico Lane and noted that his parents submitted a letter with a list of their concerns. He stated that his parents have attempted to work with the school to lessen the impact of the property. He stated that his parents have lowered the selling price on their home and held 12 open houses but the comments they receive are regarding the press box and bleachers. He stated that no one questions how nice the school is but the additions keep coming and have an impact. He provided photographs from the property that show the bleachers and press box. He stated that his children stay overnight at his parents' house and noted that it is clear that people on top of the press box can see directly into their property and displayed a picture of the cameraman looking directly at the property. He agreed with the comments from the letter his parents submitted and did not believe that the variance meets the requirements. He stated that he looked at a home near Wayzata high school and noted that press box is nowhere near as close to the neighboring properties as this one is. He stated that the press box may be the same press box from 2008, but the bleachers continue to grow. He stated that his parents were out of town on business and unable to attend but he wanted to express that his parents are extremely concerned with the request. Commissioner Goldetsky asked if there is a suggested remedy for this irritation. Approved Planning Commission Minutes October 21, 2015 Page 8 Mr. Halvorson stated that there is a huge negative impact from the press box and believed that the press box could be placed on the other side of the field. He stated that the school keeps coming back and back for variances, sometimes after the fact, with the attitude that they can do what they want. Commissioner Oakley stated that perhaps some compromise areas could be found and asked if his parents would be in agreement with the filming not occurring on the roof. Mr. Halvorson stated that there has been a huge financial impact to his parents' property and people immediately are not interested in the property when they see someone filming on top of the press box. He stated he did not understand why the city keeps granting the variances. He noted that people will still move to Plymouth if there is no press box while the press box is having an impact on the neighboring property owners and the values of their properties. Commissioner Oakley asked if it would be better if the press box were not viewed as such a shoebox and better fit into the surroundings. Mr. Halvorson said he was unsure. He stated that anything would help, but ultimately the value of his parents' house has decreased by at least 20 percent. Commissioner Oakley asked if there is a screening system that is more acceptable than what has been done so far. Mr. Halvorson stated he did not know and asked why the press box cannot be located in another area. He stated that this has had a huge emotional impact on his parents and asked why the school cannot move the press box. Chair Davis referenced the configuration of the two sets of bleachers and whether they are equal in size and position. Senior Planner Drill replied that the bleachers on the other side of the field are quite a bit smaller and not as high, estimating 12 to 15 feet high. Chair Davis introduced Steve Sinjem, 5130 Quantico Lane, who stated that he is two houses west of the previous property spoken about. He confirmed that property has been listed for sale for a lengthy period and the price has decreased by $85,000 to $100,000 since being listed. He referenced the press box and stated that there is an area next to the press box that could perhaps be used for filming purposes. He stated that if the railing were to be removed from the press box that would decrease the height by 30 to 40 percent. He commented that perhaps the press box would blend better with the trees if it were painted green. He stated that the variance concerns the overall relation between the school and the neighbors. He referenced the noise of the PA system during the football games, noting that there are two speakers and identified those on the photograph. He commented that he has brought forward noise complaints to the school, as they have to close their windows and tum the television up during game nights. He stated that he has sent letters to the school and read aloud a letter that he wrote directly to Dr. Flanders regarding the noise during the football games, noting that he does support the school and its mission. He Approved Planning Commission Minutes October 21, 2015 Page 9 noted that the speaker for the home bleachers is currently not pointed at the bleachers but is pointed at the neighboring homes. He suggested that the speaker be positioned towards the bleachers and simply turn down the volume or that the speakers could also be pointed toward the railroad tracks. He mentioned the increased number of sports being played on the field, including soccer and potentially lacrosse. He noted that he did receive a response from Dr. Flanders who stated that he would be in the press box at the following game and the sound was much lower at that event. He stated that the sound was also lower for the homecoming game but the sound has increased during the last two events. He stated that the school could do a better job of putting themselves in the position of the homeowners and also to follow through on what they agree to do. He stated that 95 percent of the screening trees for the dome were planted between the wooded area and not the homes and therefore will not have an impact on the homes. He noted that the trees planted between the homes and the dome were planted on a slope and will not have an impact for years and years. He referenced the absence of trees mentioned earlier by the commission and noted that a number of large trees were removed as part of the sports field construction. He stated that the school keeps asking for more and the homeowners continue to wonder what will be next. He suggested that perhaps the next expansion should focus on a second campus rather than trying to continue to expand in this limited space. Chair Davis stated that he lives across from Wayzata high school and also has the same issue with noise on certain nights. Dr. Flanders stated that he appreciated the input of the homeowner and noted that the reason for the lower sound on the nights mentioned was because he was there working to adjust the noise levels. He stated that the nights the noise was higher, a different microphone was used and he is still working to find the best equipment and level. He noted that they had received a complaint regarding light and following that complaint he switched the light used and that had a positive impact. He repeated that he appreciated the feedback and noted that they would like to work with the neighbors. Chair Davis introduced John Young, 5160 Quantico Lane, who stated that in regard to the variance for the height of the press box, he does not believe there would be as much of an issue if the trees were not removed as a result of moving the field. He stated that the view is now wide open and that is why the press box has such an impact on the homes in terms of sight and noise. He stated that there are other options that could be reviewed, such as placing the press box on the other set of bleachers. He stated that the school is beautiful but this piece of the property has caused problems with the neighborhood and his neighbor's home value has been significantly impacted. He asked the difference between the old height and the new calculations. He concurred that there is a significant noise problem compared to what had existed previously. Mr. Sinjem stated that it would be easy to film the games from the top of the school. Chair Davis introduced Renee Rivers, 7138 Quantico Court, Maple Grove, who read a statement on behalf of her parents who live at 5150 Quantico Lane and were unable to attend. She read aloud a statement written by her parents on Monday in regard to the public notice received by the neighborhood. She stated that in conversations her parents have had with the city they have been led to believe that the bleachers themselves were in violation of the height limit as well. She Approved Planning Commission Minutes October 21, 2015 Page 10 stated that her parents ask that the commission deny the variance request. She also echoed the comments of her brother, Mr. Halvorson, made in regard to the emotional and financial impact the school has had on her parents and their property value. Senior Planner Drill responded to the comparison of the old height versus the new height calculations. He explained that the old bleachers were 12 feet high but were built into the hill so the appearance seemed to be six feet high with the press box on top of that. He stated that the difference in height for the press box after the relocation is ten feet. Commissioner Anderson asked how much closer the press box is to the neighbors. Senior Planner Drill was unsure of the exact calculation but highlighted the previous location and the new location on an aerial photograph. Chair Davis asked how long the press box was in the previous location and asked if there were any comments from neighbors received when the press box was in that location. Senior Planner Drill stated that the press box was in the previous location since 2008, and he did not recall any public comments during that period, noting that comments only began after the relocation. Commissioner Witt stated that the school does have a great reputation and is a beautiful facility. She asked if there would be a way for the school to meet with the neighboring property owners that have their property listed for sale to possibly further communicate. Dr. Flanders stated that he did reach out to the homeowners but did not receive a response. Mr. Halvorson noted that an email was sent to his parents stating that the school would be willing to paint the press box and add a few more trees. He stated that the homeowners have asked numerous times for Dr. Flanders to come to their home and that request has been denied. Commissioner Witt stated that she feels for both parties and there does not seem to be an easy fix. Commissioner Goldetsky said he shared the comments of Commissioner Witt. He stated that there is a technical issue on whether the variance should be issued but noted that the underlying issue is the breakdown in communication between the school and homeowners. He stated that he was disappointed in the breakdown of communication and noted that the last time the applicant was before the commission there was a good faith effort that the school was going to open those lines of communication. He stated that this is a big, beautiful campus but it could also be said that the school is too big and too beautiful. He stated that the variance is a stretch and would prefer that the variance be withdrawn, giving the neighbors and the school the opportunity to have some good dialogue, perhaps facilitated by a mediator. Commissioner Anderson asked if staff requested that the school submit the variance application. Approved Planning Commission Minutes October 21, 2015 Page 11 Planning Manager Thomson responded that after looking at the past actions, staff concluded in order to make things clear, that it would be good for the school to request a variance. Commissioner Anderson stated that he dislikes approving a variance after the fact but acknowledged that the issue was somewhat unclear when the original review was done as the focus had been on the height of the dome. He stated that at a minimum the press box should be painted. He stated that the next level would be to prohibit filming from the top of the press box. He stated that the variance is really about the height of the press box and not the activity that occurs on top of it. He stated that there are ways to film the games without having to be on the top of the press box. He noted that an extreme approach would be that the commission deny the variance and the press box be moved to the bleachers on the other side. He said he did not believe that a negotiation would solve anything as the property owners in question wish to sell their house for the most amount possible and did not believe that a negotiation would solve that. Commissioner Oakley stated that he keeps going back to the comment that it's better to ask for forgiveness and not permission but noted that does not really apply in this case. He agreed with the comments suggested by Commissioner Anderson regarding the press box with the added condition that the speaker be moved. He noted that those changes can be completed at a low cost and would acknowledge the concerns of the neighbors. He stated that he would support a recommendation of approval with the three conditions. Commissioner Anderson stated that he mentioned a number of items and asked for clarification. Commissioner Oakley stated that he would be in agreement with painting the press box, no filming on the roof and moving the speakers. He stated that there is an investment in infrastructure and it could become contentious if the press box has to be moved but noted that this option would still address some of the concerns. Chair Davis stated that he visited the property at 5150 Quantico, and it looks like the press box is right in their backyard. He stated that from that angle, the press box is unsightly and if approved there needs to be something done to make it look better. He said he did not think that you could get trees to grow fast enough to shield the press box from the neighbors. He noted that the impact to the other homes is not as bad because they are somewhat shielded. Commissioner Goldetsky stated that there is no emergency for this being resolved right now and stated that the commission is struggling with this because of the breakdown in communication. He stated that the commission has heard that there is a legitimate problem. He stated that if the applicant does not want to withdraw the application they do not have to, but believed it would make sense to provide time to address some of these serious concerns. Chair Davis stated that usually he would agree but did not believe that to be so in this case. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend denial of the request by Providence Academy for a variance for the height of the press box located on top of the bleachers west of the football field on property located at 15100 Schmidt Lake Road. Vote. 1 Aye (Commissioner Goldetsky voting Aye), 5 Nays. MOTION failed. ApprovedPlanning Commission Minutes October 21, 2015 Page 12 MOTION by Commissioner Oakley, seconded by Commissioner Goldetsky, to recommend approval of the request by Providence Academy for a variance for the height of the press box located on top of the bleachers west of the football field on property located at 15100 Schmidt Lake Road with the following added conditions: the press box shall be painted a color that is harmonious with the surroundings and consistent with the architectural integrity of the structures; the safety railing shall be removed and no filming shall be allowed on top of the press box; and the speakers shall be relocated to the rear of the press box so they no longer point away from the field. Vote. 6 Ayes. MOTION approved. 7.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 9:00 P.M.