HomeMy WebLinkAboutPlanning Commission Minutes 10-15-2003Approved Minutes
City of Plymouth
Planning Commission Meeting
October 15, 2003
MEMBERS PRESENT: Chair Peggy Larson, Commissioners Kendall Griffith, Nancy Franke -
Wilson, Melissa Musliner, and James Holmes. Commissioner Frank Weir arrived at 7:10 p.m.
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, Senior Planners Shawn Drill and Marie Darling, Planner Rebecca Bowers, City Engineer
Ron Quanbeck and Office Support Specialist Ranelle Gifford
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
Commissioner Musliner requested Item 6A Journey Foods, LLC (2003101) be removed from the
Consent Agenda and placed under New Business.
MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the
October 15, 2003 amended Planning Commission Agenda. Vote. 5 Ayes. MOTION approved.
5. APPROVAL OF MINUTES
MOTION by Commissioner Griffith, seconded by Commissioner Holmes, to approve the
October 1, 2003 Planning Commission minutes. Vote. 5 Ayes. MOTION approved.
6. CONSENT AGENDA
A. JOURNEY FOODS, LLC (2003101) removed from Consent Agenda and moved to
Item 8A of New Business. Item 8A was renumbered to 8B.
B. GORDON GINSBERG (2003109)
Request by Gordon Ginsberg for a variance to allow a 48.7 -foot rear -yard setback where 75 feet
is the minimum required for a home and deck addition for property located at 310 Sycamore Lane
North.
MOTION by Commissioner Wilson, seconded by Commissioner Griffith, to approve the request
by Gordon Ginsberg for a variance to allow a 48.7 -foot rear -yard setback where 75 feet is the
minimum required for a home and deck addition for property located at 310 Sycamore Lane North.
Vote. 5 Ayes. MOTION approved.
7. PUBLIC HEARINGS
A. QUEST REAL ESTATE, INC. (2003089)
Chair Larson introduced the request by Quest Real Estate for a preliminary plat, site plan, and
variances for the "Woods at Medicine Lake" for property located east of South Shore Drive and
200 feet north of 11th Avenue.
Senior Planner Darling gave an overview of the October 7, 2003 staff report.
Chair Larson introduced Jim Waters, Quest Development, Inc.
Mr. Waters stated the proposed location was a challenging site and they have worked with staff
for several months to achieve an appropriate layout for the site. He said they have met or exceeded
the Zoning Ordinance requirements. He stated in regards to the wetland issues, they chose to leave
a large portion open on the east side of the site for buffers and wetland restoration. He stated their
proposal is to fill in two wetland areas on the east side and restore the others on the west side. He
said the development will be a good use of the land. He said they are replacing more trees than is
required under the Zoning Ordinance.
Chair Larson asked for them to continue their efforts with affordable workforce housing.
Mr. Waters stated he agrees with the affordable housing issues and they will do whatever they can
with this site to achieve that goal and would consider producing affordable units on other sites as
well.
Chair Larson opened the public hearing.
Chair Larson introduced Lana Yatskina, 10720-11 th Avenue.
Ms. Yatskina stated she is concerned with the setbacks of the buildings. She said it may be 40-50
feet from her house to the proposed buildings. She asked if there is any fencing proposed for the
site. She said they would like to see more trees on the plan for the buffer area. She said the layout
of the buildings should be set back in respect to the neighbors. She said the buffer area and
setbacks should be larger.
Chair Larson introduced Arnold Swenson, 10875 South Shore Drive.
Mr. Swenson stated his home is south of the proposed development. Mr. Swenson asked what
kind of parking would be provided. He asked if there would be a fence to keep traffic down in the
neighborhood. He said he has concerns with kids walking through his property. He asked what
type of trees and bushes are proposed. He stated he has concerns with the added traffic.
Chair Larson introduced Leo Rogers, 1076 Trenton Circle North.
Mr. Rogers said it is a bad policy to fill up wetland areas. He said private streets are bad for
townhouses because they cost more money and people don't realize they have to pay for street
repairs and snow removal.
Chair Larson introduced Ted Hoshel, 236 Peninsula Road, Medicine Lake.
Mr. Hoshel stated he is a City Council member for the City of Medicine Lake and has been a
resident of Medicine Lake for many years. He said the City of Plymouth's Comprehensive Plan
classifies the site as a high-quality wetland. He said the developer proposes to fill in two of the
wetland areas and combine the remaining two. He asked how this meets the wetland goals as
discussed in the Comprehensive Plan. He asked if the road improvement plans are known to the
developer. He asked if the City has made any attempts at land acquisition. He stated the developer
is proposing to remove many trees and asked what the City can do to encourage the developers not
to remove more than 50 percent. He asked if an environmental assessment worksheet was
requested for this site. Mr. Hoshel also submitted a written list of comments and concerns he
wished to have addressed.
Chair Larson closed the public hearing.
Chair Larson asked if the setback guidelines could be addressed.
Senior Planner Darling stated the Zoning Ordinance requires a 25 -foot setback around the entire
perimeter. She said single family homes have a 25 -foot setback on the rear but are allowed closer
on the sides. She said a portion of the proposed buildings are at the 25 -foot required setback. She
said they are not proposing any decks on the south side. She said they are proposing a number of
trees and shrubs including ash and swamp oak trees, serviceberry, and several emerald elf amur
maple shrubs. Senior Planner Darling stated there was some discussion of fencing or landscaping
with the residents on the south side and they had previously leaned towards the idea of
landscaping. Senior Planner Darling stated the Comprehensive Plan guides the property as Living
Area 3 which allows 6-12 units per acre. She said multiple dwellings are typical in this
guiding. She said it is zoned RMF -2, which is multiple family. She said the townhouse is the
most common type of development in this zoning district. Senior Planner Darling pointed out the
proposed site on the zoning map to indicate the current zoning and surrounding zoning
classifications. She stated the City does not encourage private drives when a public drive could
more appropriately service a development. She said staff had indicated to the developer that public
streets would be required, however after the wetland delineation was complete the amount of
developable land decreased, the wetland impact would increase with the inclusion of a public
street. The improvements to the private drives that would occur in the future would be assessed
to the homeowners. Having some private drives is typical in townhouse developments.
Community Development Director Hurlburt stated when the Trenton Ponds development
was built, Trenton Lane was constructed as a private street but looks just like a public street. She
said it looks and functions like a public street. There are a few other situations like that in the City,
and the City's policy on private drives has changed based on this situation. She said the proposed
private drives for this project are narrower and would not be mistaken for a public road.
Chair Larson asked Senior Planner Darling to address the parking issues that were raised.
Senior Planner Darling said each unit has two indoor garage spaces and two outdoor spaces. The
site is tight but they were able to incorporate 2 guest spaces on the north side. She said when South
Shore Drive is reconstructed, there will be short term parking allowed on the street. She said staff
worked with the applicant to provide right of way for the future reconstruction of South Shore
Drive. She said they are proposing 30 feet from the center of the road plus another 10 feet for the
trail easement. She said that would be enough for reconstruction to minor collector standards.
Chair Larson asked about the wetland issues that were raised.
Senior Planner Darling stated the applicant is proposing to fill two of the wetland areas on the west
side of the site. She said when the delineations were done for this site, the large connected high-
quality wetland shown on our inventory no longer existed. She said the wetland delineation
showed four separate wetlands on the site. The delineated wetlands were not in the same location
nor did they function the same as when the inventory was done. The applicant proposes to improve
the quality of the wetland in the southeast corner of the site and increase its size and connect the
two wetland basins. The applicant also proposes to create a rain garden in the other wetland area.
Chair Larson asked if the City had considered acquisition of this site.
Senior Planner Darling stated the City had reviewed this site for acquisition, but chose not to
acquire it. She said there is a developed park near this location.
Community Development Director Hurlburt stated the money the City obtained to acquire open
space has been spent on the higher priority sites in Plymouth. She said there isn't any funding left
for an acquisition.
Chair Larson asked about runoff issues and if an environment worksheet was required for this
project.
Senior Planner Darling stated the runoff from this site would be treated in the ponds. She said the
rain garden would further enhance the storm water runoff. The City did not require an
environmental worksheet because the property is proposed to develop as directed in the
Comprehensive Plan and the Zoning Ordinance.
Community Development Director Hurlburt said there were a lot of environmental issues dealt
with the staff review of the proposed project. She said a project with 40 units and under is exempt
from the state environmental review.
Commissioner Musliner asked how the wetlands are filled and if that could pose a problem in the
future.
City Engineer Quanbeck stated it depends on what will be above it. He said if there would be
a building over it they would have to excavate and provide a suitable foundation. He said if there
wouldn't be a building over the wetland area, then you can just fill it in.
Senior Planner Darling said the developer is required to submit a wetland replacement plan
including all of the details of how they fill and restore the wetland areas, which will go through
the City Engineering Department and finally to the City Council for review and approval.
Commissioner Holmes stated the parking and driveway plan seems like it would be a difficult
situation to manage once snow removal is a factor. He said there is no where to put snow in the
plan, other than moving it to unoccupied areas on the east side. He said the proposed roads are too
narrow. He said two cars wouldn't be able to pass each other if there was a car parked on one side.
City Engineer Quanbeck stated the roadway width is a fire lane, so there is no parking allowed on
the private drive.
Commissioner Holmes asked if the City has jurisdiction over private streets. Community
Development Director Hurlburt answered affirmatively, when in regards to enforcing fire lane
requirements.
City Engineer Quanbeck said there wouldn't be as much snow to clear as the roads are narrower.
Commissioner Holmes stated the majority of the property facing the road is driveway. He said
there doesn't appear to be any place put the snow.
Chair Larson introduced Paul Meyer, Paul Meyer Architects, Inc.
Mr. Meyer stated the approach for snow removal on the townhouse driveways would be to push it
to the sides. He said the portion on the private drives could be pushed to end of the private
drives. He said in the event of a larger snowfall, there is an area between the units on the east side
where the snow could be pushed.
Community Development Director Hurlburt asked if the landscape plans allowed for access of a
vehicle. Mr. Meyer answered affirmatively.
Mr. Meyer stated, in regards to the setback issues raised, the proposed project increases the amount
of right-of-way for South Shore Drive and the setback is 37 feet which exceeds the 25 -foot
requirement.
Commissioner Musliner asked if the wetland that is to be filled in will be built on. Mr. Meyer
stated this site has about six feet of black soil, then it is sand. He said the organic materials would
be removed from the site, and suitable building material brought in to raise the grade. He said
there will be a rain garden to the west.
Community Development Director Hurlburt asked if a fence was considered on the southern
property line. Mr. Meyer stated they would be open to a fence if there was a preference for
that. He said he felt the landscaping would be more desirable as there is more up -keep for a fence.
MOTION by Chair Larson, seconded by Commissioner Weir, to approve the request by Quest
Real Estate for a preliminary plat, site plan, and variances for the "Woods at Medicine Lake" for
property located east of South Shore Drive and 200 feet north of 11th Avenue. Roll Call Vote. 5
Ayes. Commissioner Holmes voted Nay. MOTION approved.
B. HONEYWELL, INC. (2003100)
Chair Larson introduced the request by Honeywell, Inc. for a site plan amendment for a 34,000
square foot addition and interim use permit for parking for property located at 12001 State
Highway 55.
Planner Bowers gave an overview of the October 9, 2003 staff report. She noted that since the
report was prepared, Honeywell has indicated that the size of the addition may be decreased.
Chair Larson asked if the size of the building were reduced if it would affect the parking issue.
Planner Bowers said reducing the size would require less parking spaces. She said they expect to
have very few additional employees for this addition.
Chair Larson introduced Chuck Campellin, Honeywell, Inc.
Mr. Campellin stated throughout all of Honeywell's growth, they have always been sensitive to
the neighbors and any concerns they may have. He said these concerns were mostly regarding
trees, buffering, and noise levels. He said they designed the addition as a narrow longer building
to minimize the impact on the slope. He said to the north, there is a substantial hill and the highest
elevation is higher than the roof of the proposed addition. He said they revised the shape of the
retention pond so as to keep more of the trees. He said all of the trees that are required to be added
will provide screening to the west. He said their two sources of noise are cooling towers and roof-
top blowers. He said they have modeled the noise and are meeting the MPCA guidelines.
Commissioner Griffith asked if there is any existing equipment. Mr. Campellin said the model
looks at the existing noise as well as the new equipment that will generate noise. He said the
increase is minimal.
Community Development Director Hurlburt asked what the affect of Highway 55 was for noise
levels. Mr. Campellin said Highway 55 is a big contributor of noise. He said ESI is doing the
modeling for that and they can submit their report to the City if needed.
Chair Larson opened the public hearing.
Chair Larson introduced Al Hohbein, 1020 Ives Lane.
Mr. Hohbein stated he is concerned with the cooling towers and fans and the noise they
generate. He said the towers need some conditioning because there are times when the noise from
the towers travels and it carries to his property. He said he is not opposed to Honeywell, but there
are some issues with the noise levels.
Chair Larson closed the public hearing.
Chair Larson asked if we can require maintenance or on-going noise monitoring.
Planner Bowers said they need to provide documentation that they meet the State's noise
requirements. Community Development Director Hurlburt said if the noise levels exceed the
standards, they could be monitored and enforcement action taken.
MOTION by Commissioner Griffith, seconded by Commissioner Wilson, to approve the request
by Honeywell, Inc. for a site plan amendment for a 34,000 square foot addition and interim use
permit for parking for property located at 12001 State Highway 55. Roll Call Vote. 5
Ayes. Commissioner Musliner abstained. MOTION approved.
8. NEW BUSINESS
A. JOURNEY FOODS, LLC (2003101)
Request by Journey Foods, LLC for a variance to allow a 98 -square foot freestanding pylon sign
for Culvers located at 4335 Peony Lane North.
Commissioner Musliner asked if approving this variance would set a precedent for that area, and
if the existing sign could be moved.
Planning Manager Senness stated she was unsure if moving the sign was ever discussed. She said
Culvers had a major concern about how successfully the restaurant was operating in comparison
to other Culver's locations. She said they felt once you see the Culvers restaurant, you don't have
the opportunity to stop. She said this isn't the case with the other uses in the area. Community
Development Director Hurlburt said variances don't set a precedent. She said the gas station has
different setbacks and their signage is more visible. She said the City would be under no obligation
to approve other variances for signs.
Commissioner Holmes said the sample signs shown in the staff report are different and asked
which sign would be used. Planning Manager Senness said the single pylon sign is proposed.
MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the request by
Journey Foods, LLC for a variance to allow a 98 square foot freestanding pylon sign for Culvers
located at 4335 Peony Lane North. Vote. 6 Ayes. MOTION approved.
B. CVS PHARMACY (2003099)
Chair Larson introduced the request by CVS Pharmacy for a site plan for a 13,013 square foot
convenience retail building with a pharmacy pick-up window for property located at the southeast
corner of State Highway 55 and County Road 101.
Senior Planner Drill gave an overview of the October 10, 2003 staff report.
Chair Larson introduced Peter Coyle, Larkin Hoffman Law firm, representing the applicant.
Mr. Coyle stated this would be the first CVS Pharmacy location in the Hennepin County
market. He said the right-in/right-out access point along Highway 55 is under Mn/DOT
jurisdiction and feels they fall within their requirements. He said the store will be an attractive
addition to the proposed location. He said they have retained the placement of the pond on the
north side of the site. He said in regards to the internal circulation, they revised the plan to provide
better circulation. He said the City's standards for drive-thru windows are based on a fast food
drive-thru. He said the traffic for a drive-thru window for prescriptions would be much less. He
said in comparison to the Walgreen's plan, the CVS Pharmacy plan is a significant
improvement. He said Walgreen's has a wing wall for separation. He said they could design a
barrier but said he is unsure of the function of that. He said he feels the circulation and access
flow shown on the plan is adequate. He stated they object to some items on the resolution. He
said in regards to Item #2 on the resolution, access is not the City's jurisdiction and they will deal
with Mn/DOT and the County directly. He said they object to Item #3 for the same reason, that
access is not the City's jurisdiction. In regards to Item 4d, he said they feel the proposed drive-
thru location is safe and functional. He said they somewhat disagree with Item f, however they
are willing to work with staff. He said in regards to Item 8, they would be willing to remove the
billboard when the Certificate of Occupancy is issued for the building.
Commissioner Weir asked if Mn/DOT and the County do not allow the right -in right -out access,
would this affect the progression of the development. Mr. Coyle said they would have to condemn
the property. He said the access is dedicated and they are entitled to keep it. He said without the
access, they would not develop site.
Chair Larson asked why they object to items #2 and #3 of the resolution if they say they are going
to comply with Mn/DOT anyway. Mr. Coyle states they want to comply but it is irrelevant to the
City.
Community Development Director Hurlburt asked why they disagree with item 3 of the resolution.
Mr. Coyle said the access is there and the City should stay out of it.
Community Development Director Hurlburt said if Mn/DOT and the County deny the right-
in/right-out access and the City is presented with a building permit application, what would they
expect the consequences be if the City issues those permits. She asked how they would expect the
County or Mn/DOT to react. Mr. Coyle said the County or State can sue CVS Pharmacy or they
can condemn the site and they would hold the burden of dealing with it.
Commissioner Wilson asked if the site plan is approved subject to the conditions in the resolution,
would CVS Pharmacy comply.
Mr. Coyle said they would submit for a building permit.
Commissioner Wilson said they object to some items, but asked if the resolution passes, whether
they will continue on with the project.
Mr. Coyle said they are entitled to the present access.
Community Development Director stated the City based their information on the letter received
from Mn/DOT.
Community Development Director Hurlburt said the reason the billboard would need to be
removed prior to construction of the new building is because the billboard is considered a principal
use and the City does not allow two principal uses at one time.
Commissioner Musliner asked if this request is approved would there be cause for the County or
Mn/DOT to step in right now.
Community Development Director Hurlburt said the County and Mn/DOT already have stepped
in and they are aware of it and have commented. She said they may take legal actions but we don't
know that at this time. She said the City can't speculate on what Mn/DOT will do if permits are
issued. She said it is typical for the City to condition our decisions on what other government
agency requirements are.
Commissioner Wilson said the City Attorney's opinion is needed for this issue.
Community Development Director Hurlburt said that staff had been in consultation with the City
Attorney. She said the City's recommendation was made based on the City Attorney having
reviewed the report.
MOTION by Commissioner Musliner, seconded by Commissioner Wilson, to approve the request
by CVS Pharmacy for a site plan subject to the conditions of the approving resolution for a 13,013
square foot convenience retail building with a pharmacy pick-up window for property located at
the southeast corner of State Highway 55 and County Road 101. Vote. 6 Ayes. MOTION
approved.
9. ADJOURNMENT
MOTION by Chair Larson to adjourn the meeting. Vote. 6 Ayes. The meeting adjourned at 9:10
p.m.