HomeMy WebLinkAboutPlanning Commission Minutes 04-17-2019Approved Minutes 1 of 9 Meeting of April 17, 2019
Approved Minutes
Planning Commission Meeting
April 17, 2019
MEMBERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba,
Julie Witt, David Witte and Justin Markell
MEMBERS ABSENT: Commissioner Jaspreet (Jesse) Narr
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior
Planner Lori Sommers and Senior Engineering Technician Trevor Quast
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 Witte, seconded by Commissioner Oakley to approve the April 17,
2019 Planning Commission Agenda. Vote. 6Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE APRIL 3, 2019 PLANNING COMMISSION MEETING
MINUTES
MOTION by Commissioner Saba, seconded by Commissioner Markell, to approve the consent
agenda. Vote. 6 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. SATHRE-BERGQUIST (2018076)
Chair Anderson introduced the request by Sathre-Bergquist for a preliminary plat to subdivide
the existing lot located at 18300 gth Avenue into two lots.
Planning Manager Thomson asked that the commission open the public hearing and continue it
to the May 1, 2019 meeting in order to allow the applicant to address pl an revisions associated
with a utility easement.
5A
Approved Minutes 2 of 9 Meeting of April 17, 2019
Chair Anderson opened the public hearing and continued the hearing to the May 1, 2019
commission meeting.
B. DATA RECOGNITION CORPORATION (2019015)
Chair Anderson introduced the request by Data Recognition Corporation for a PUD amendment
to allow a generator and related fence at 2800 Northwest Boulevard.
Senior Planner Sommers gave an overview of the staff report.
Commissioner Oakley asked when the generator would be operated and whether the applicant
had discussed maintenance operations.
Senior Planner Sommers replied that this would be an emergency generator and maintenance
operations could only occur between the hours of 9:00 a.m. and 5:00 p.m.
Commissioner Witte stated that the sound engineer's analysis was based on predicted levels of
sound and asked the additional mitigation efforts th at could be implemented should the actual
sounds level exceed those predictions.
Senior Planner Sommers replied there is a condition in the proposed resolution that would
require a sound test with 45 days of installation of the generator. She reviewed som e of the
mitigation efforts that could be added if necessary.
Commissioner Markell asked if the modeling was based off tree coverage, as there would most
likely be tree coverage when the sound test is done. He noted that would be a different condition
than the winter leaf off conditions.
Senior Planner Sommers stated she believed the applicant took into account the winter
conditions during the modeling.
Commissioner Markell referenced the commercial receptor, noting that he did not see any studies
done to that standard.
Senior Planner Sommers replied that the sound study only addressed the residential uses as there
is a stricter standard to meet in that case. She stated that the commercial information was also
provided, and there was no concern for the adjacent commercial properties. She explained the
public process is required because the generator is within 200 feet of residential properties,
noting that if that distance was exceeded, the approval could be done administratively.
Chair Anderson asked how often the power has gone out in the past year.
Senior Planner Sommers stated she was unsure.
Chair Anderson introduced Jeff Bast and Lucas Braun, repres enting the applicant, who stated that
the sound engineer has stated there is little to no difference in whether there is leaf coverage in
regard to the noise study and modeling.
Approved Minutes 3 of 9 Meeting of April 17, 2019
Planning Manager Thomson agreed that leaves are not a sound deterrent.
Mr. Bast stated that in the past 21/z years the business has only lost power once for a period of one
to two hours.
Commissioner Markell asked if this would be strictly for emergency power supply and not
additional peak time power.
Mr. Braun confirmed this would be emergency power supply only.
Commissioner Witte stated that an expansion of a substation to the north was approved in the
past year. He referenced the design of the enclosure and asked if it was the recommendation of
the sound engineer to add the wooden fence. He asked if additional m aterial was recommended
for the building for additional mitigation.
Mr. Bast replied that the sound engineer did make a recommendation on the design of the
wooden fence, and he believed that their design meets the recommendation of the sound
engmeer.
Commissioner Witte asked how often the maintenance activity would occur.
Mr. Bast replied he would plan for maintenance to occur once per month during the 9:00 a.m. to
5:00 p.m. hours.
Chair Anderson opened the public hearing.
Chair Anderson introduced Jak e Ziebarth, 2715 Sycamore Lane, who asked the hours of
operation. He noted that power and emergencies can occur any time of the day. He referenced a
storm that occurred in the past where the area was out of power for five or six days. He stated
that this business is a great corporation, and he has no problems with the business. He stated that
the location of the generator is directly to the side adjacent to the residential properties. He
acknowledged that the proposed location is probably the most convenie nt location for the
business, but suggested that the location be moved further from the residential properties. He
noted that he works for a business that has three generators that they use to supply power during
peak demand times in an exchange for a disc ount from Xcel Energy. He said he wanted to
ensure that the business is not encouraged to become an Xcel shutoff customer, using the
generator during peak demand times. He asked the business to further investigate with Xcel
Energy. He noted that during th e storm in which the area was without power, there was a
business area that remained with power because of their proximity to West Health. He asked if
the cedar fencing would be enough to mitigate the noise of the generator.
Chair Anderson closed the publ ic hearing.
Planning Manager Thomson stated that the hours of operation could occur outside the hours of
9:00 a.m. to 5:00 p.m., depending on the particular emergency situation.
Approved Minutes 4 of 9 Meeting of April 17, 2019
Mr. Bast stated that the generator would run as long as the building is without power in an
emergency.
Mr. Braun stated it was his recollection that putting the generator in the front parking lot was not
an option.
Senior Planner Sommers confirmed that generators are not allowed in a front yard. She noted
another location was investigated, but it was closer to residential properties and another area was
too close to the fire access.
Mr. Bast stated that at some point in time there could be interest in becoming an Xcel shutoff
customer.
Planning Manager Thomson stated that in terms of priority in a power outage, the hospital would
remain a priority, but stated that the city does not have control over this matter.
Mr. Braun noted that the fence was designed by the sound engineer. He said if the levels are not
met by the fence, they could add additional mitigation to lessen the noise impact.
Planning Manager Thomson noted that those elements are also covered in a condition in the
proposed resolution.
Commissioner Oakley stated there was a concern expressed about the Xcel shutoff option. He
noted the proposed resolution identifies that this would be an emergency generator. He asked if
additional clarification should be provided that specifies that the s hutoff option would not be
emergency use. He noted that the other conditions in the resolution address the other concerns
that were brought forward.
Commissioner Witte stated that the ordinance only addresses decibel levels and asked if it is
possible to have a low frequency sound under the decibel level that could be annoying.
Planning Manager Thomson replied that could occur. She noted that there are specific
regulations in the ordinance with regard to how sounds are measured.
Commissioner Markell stat ed that he would agree that the language could be modified to state
that the generator is used for emergency use only and not for peak shaving or any other ancillary
service purposes.
MOTION by Commissioner Oakley, seconded by Commissioner Witte, to recommend approval
of the request by Data Recognition Corporation for a PUD amendment to allow a generator and
related fence at 2800 Northwest Boulevard with an addition to Condition 3 to clarify that the
generator is for emergency purposes only and not for peak shaving or any other ancillary service
purposes. Vote. 6 Ayes. MOTION approved.
C. KAI AND SHARON KROLL (2019018)
Approved Minutes 5 of 9 Meeting of April 17, 2019
Chair Anderson introduced the request by Kai and Sharon Kroll for a conditional use permit for
an attached garage that would contain over 1,000 square feet for property located at 1615 Troy
Lane.
Senior Planner Drill gave an overview of the staff report.
Chair Anderson introduced Kai Kroll, the applicant, who stated that they realized that they were
unable to fit two vehicles in their two -car garage. He explained that at some point before they
purchased the home, part of the garage was converted into a mudroom. He stated that they have
carefully worked with their architect to gain the desired depth for the garage and fit two to three
vehicles along with the other materials they would like to store indoors.
Chair Anderson opened the public hearing.
Chair Anderson introduced Chris Shultz, 1705 Troy Lane, who stated that the proposed plans
appear to be something that would look very nice from the front side and the lake side. He stated
that he supports the request.
Chair Anderson closed the public hea ring.
MOTION by Commissioner Witte, seconded by Commissioner Oakley, to recommend approval
of the request by Kai and Sharon Kroll for a conditional use permit for an attached garage that
would contain over 1,000 square feet for property located at 1615 Troy Lane. Vote. 6 Ayes.
MOTION approved.
7. NEW BUSINESS
A. THOMAS AND MARY LAUER (2019001)
Chair Anderson introduced the request by Thomas and Mary Lauer for variances for a home and
garage addition for property located at 1469 W. Medicine Lake Drive.
Senior Planner Sommers gave an overview of the staff report.
Commissioner Markell asked for information on the area shown in yellow on the site plan.
Senior Planner Sommers replied that the garage is shown in yellow and identified the portion of
the garage that would fall within the setbacks.
Commissioner Markell asked if the retaining wall is a component of the best management
practice (BMP).
Senior Planner Sommers replied that the retaining wall is not a component of the BMP, only the
rain barrels would be related to the BMP.
Commissioner Witte referenced the rain barrels being used as the BMP and asked how a rain
barrel would be considered a BMP.
Approved Minutes 6 of 9 Meeting of April 17, 2019
Senior Planner Sommers explained that the rain barrels slow the water down, rather than the
water sheeting off onto the property, which in turn slows the rate of drainage onto adjacent
properties.
Commissioner Witte asked whether the driveway would be asphalt or pavers.
Senior Planner Sommers replied that the driveway would be asphalt.
Chair Anderson asked how a home could be built one foot from the property line, as that seems
extreme.
Planning Manager Thomson provided background information on the neighborhood, explaining
that the neighborhood was developed under very different regulations.
Chair Anderson introduced Thomas and Mary Lauer, the applicants, who stated that their home is
730 square feet in area. She stated that the footprint of the home would remain the same, and
that they are simply adding a second level. She stat ed that they are removing asphalt in some
areas and replacing that with sod, which will assist with drainage.
Mr. Lauer identified an existing retaining wall and hardcover. He stated that they are keeping the
original footprint of the home and adding a second level and two car garage. He described the
path that water takes from the street to his property. He state d it has been suggested that the rain
barrels be added to help capture some of the drainage. He noted that the rain barrels will be
placed on the side of the home where the adjacent neighbors have a retaining wall, so that will
not have an impact. He descr ibed the grading that will occur, along with additional sod and grass
that will assist in improving the drainage without impacting the neighboring property owners.
Mrs. Lauer stated they have worked with their neighbors to develop the drainage and
landscaping plans.
Commissioner Oakley stated it was mentioned that the area between the street and garage is
currently class five material and asked if that would become green space.
Mr. Lauer stated that sod would be added on the side of the garage.
Commissioner Oakley noted there is a percentage increase of hardcover, but asked if the
applicant would also receive credit for the hardcover being removed.
Senior Planner Sommers confirmed that the hardcover being removed would be part of the
calculation. She ex plained that the boulevard area is not included in the calculation.
Commissioner Oakley stated that the applicant would be improving the boulevard in front of
their property, and it would seem reasonable to provide the applicant with credit for that
impro vement as he would find that more impactful than a rain barrel.
Commissioner Witt asked the long -term plans for the space above the garage.
Approved Minutes 7 of 9 Meeting of April 17, 2019
Mr. Lauer stated that eventually they would like that to be a fourth bedroom, but it is just blank
space at this time.
Commissioner Witte asked if drain tile is planned on the south side of the lot.
Mr. Lauer replied there will not be drain tile, as that would kill the oak tree in that location, and it
was suggested that the rain barrels would provide better relief.
Commissioner Witte asked where snow storage would occur.
Mr. Lauer stated they could use the grassy area toward the street for snow storage.
Mrs. Lauer stated that the homes in this area currently push snow to the side.
Commissioner Markell stated that he appreciates what the applicant is attempting to do to
improve the property and put it to its best use. He stated his biggest concern would be the
increase in hardcover for the site. He asked if the applicant is willing t o commit to using
pervious surfaces for the deck, patio and drive, as stated in the letter from the applicant.
Mr. Lauer stated that the decks and patios would be pervious and able to absorb water and
therefore would not be included in the calculation.
Commissioner Markell asked if the cost benefit for a pervious driveway had been considered.
Mrs. Lauer stated that the snow melts much faster on asphalt as compared to a pervious surface.
She stated they attempted to keep the additional hardcover to a minimum, while still keeping in
mind the aesthetic for the neighborhood and functionality of the site.
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Chair Anderson introduced Jon Ulman, 1501 W. Medicine Lake Drive, who stated that he lives
directly to the north and has appreciated the applicant sharing their plans with both neighbors.
He referenced the proposed retaining wall between the properties and asked the path drainage
would take in that area.
Senior Planner Sommers identified the path drainage would take in that area.
Mr. Ulman identified the location of his home and stated that his only concern would be ifthere
is increased drainage toward his home. He stated that the subject property was a rental property
for many years, and they are happy that someone has purchased the home that will live there. He
noted he is also excited about the proposed improvements to the home and property.
Mr. Lauer provided the most recent revision to the landscaping plan and identified the path that
drainage would follow on that area of the lot.
MOTION by Commissioner Oakley, seconded by Commissioner Witte, to recommend approval
of the request by Thomas and Mary Lauer for variances for a home and garage addition for
property located at 1469 W. Medicine Lake Drive with amendments to Conditions 5 and 6,
Approved Minutes 8 of 9 Meeting of April 17, 2019
requiring maintenance of the rain barrels and the sod between the garage and Evergreen Lane.
Vote. 6 Ayes. MOTION approved.
B. WOLD ARCHITECTS AND ENGINEERS (2019003)
Chair Anderson introduced the request by Wold Architects and Engineers for a site plan
amendment for site safety upgrades at Central Middle School located at 305 Vicksburg Lane.
Senior Planner Sommers gave an overview of the staff report.
Commissione r Witte asked for details on the traffic flow for buses and parent drop -off.
Senior Planner Sommers identified the area for bus parking and flow, noting that the access point
will be expanded to include a right -in/right-out. She also provided details on t he parent drop-off
area and the flow for that traffic.
Chair Anderson asked if this would be a 2019 project.
Senior Planner Sommers confirmed that the applicant would like to start this summer, once
school is out.
Chair Anderson stated it seems that the access for buses is closer to the building than the current
northerly access.
Senior Planner Sommers replied that the area is a little wider than currently exists, but it is the
same access.
Chair Anderson noted there are currently trees along Vicksburg Lane and asked if those trees
would be removed and replanted because of the narrowing of the green space.
Senior Planner Sommers provided details on the landscaping and new trees.
Chair Anderson asked for details on the calculation for 28 bus parking stalls.
Senior Planner Sommers stated that she did not have those details.
Chair Anderson introduced Valerie Peterson and Jon Deutsch, representing the applicant, who
stated that the bus counts were provided by the staff and noted that additional space was
provided for two more buses. She explained they also used the student capacity to determine the
bus and vehicle parking needs.
Jon Deutsch stated there are 34 buses that drop-off in the morning and 27 buses in the afternoon
for take home. He stated the morning drop-off is continuous, and the parking stalls are provided
for the afternoon buses.
Approved Minutes 9 of 9 Meeting of April 17, 2019
Chair Anderson noted that the northwest area of Plymouth has continued to fill in with
preliminary plat requests, which would bring additional students. He asked if there has been
consideration on moving the school boundary lines.
Mr. Deutsch provided additional details on future planning needs for either expansion of existing
facilities or building a fourth middle school.
Chair Anderson stated his concern would be that there would be a need for more than 28 parking
stalls for buses.
Mr. Deutsch stated the 28 stalls are angled and noted that additional parking could occur within
the tum-around bulb to fit up to a total of 33 buses.
Chair Anderson stated that currently there are seven bus stalls on the south part of the lot and
nine stalls on the north part. He noted they are still able to fit 27 buses with double stacking, and
therefore this plan will be an improvement. He asked if s talls would be assigned for buses.
Mr. Deutsch stated that it typically works best to assign parking spaces for buses.
Commissioner Markell asked if the bus parking entrance would be signed.
Mr. Deutsch confirmed that there would be a buses only sign at that entrance to divert vehicle
traffic.
Commissioner Markell asked if there would be curbs between the parent drop -off area and
busing area. It was confirmed that there will be curbing between the two areas to prevent
intermingling of the traffic.
Chair Anderson introduced Julie Braun, 100 Black Oaks Lane, who asked if other options were
reviewed. She stated that the buses lining up against the school seems to be a safe option. She
stated that the bus parking lot is already clearly marked for buses only and was unsure what else
could be done to prevent parents from turning into that area. She asked if anything is being done
to the wetlands.
Senior Planner Sommers replied that the wetlands would not be impacted by the proposed
project.
MOTION by Commissioner Witte, seconded by Commissioner Witt, to recommend approval of
the request by Wold Architects and Engineers for a site plan amendment for site safety upgrades
at Central Middle School located at 305 Vicksburg Lane. Vote. 6 Ayes. MOTION approved.
8. ADJOURNMENT
MOTION by Chair Anderson, with no objection, to adjourn the meeting at 8:43 P.M.
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