HomeMy WebLinkAboutPlanning Commission Minutes 04-15-2009Approved Minutes
City of Plymouth
Planning Commission Meeting
April 15, 2009
MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Terry Jaffoni,
Gordon Petrash, Scott Nelson, Erik Aamoth and Marc Anderson
MEMBERS ABSENT: None
STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior
Planner Marie Darling, Senior Planner Joshua Doty and Office Support Representative Janice
Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
Chair Davis said Item 6.A. has been withdrawn by Joe Senser's.
MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the
amended April 15, 2009 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE APRIL 1, 2009 PLANNING COMMISSION MINUTES
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
April 1, 2009 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. JOE SENSER'S RESTAURANT (2009005) (Withdrawn)
B. CITY OF PLYMOUTH (2008076)
Chair Davis introduced the annual update of the City Code and Zoning Ordinance.
Senior Planner Drill outlined the item and noted that the amendments include implementation
provisions for the City's recently approved 2030 Comprehensive Plan. He noted that all of the
proposed changes are outlined in the summary document that was included in the packet. Senior
Planner Darling reviewed proposed design standards for new townhouse developments and
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reductions to the parking requirements for office and retail districts. Senior Planner Doty
discussed proposed changes to the City Code related to tree preservation regulations. Senior
Planner Drill reviewed the new RSF-R zoning district and discussed some of the proposed
amendments including animal provisions, landscaping, and shoreland regulations.
Chair Davis opened and closed the public hearing, as there was no one present to speak on the
item.
Commissioner Anderson asked why there is no minimum lot depth for the new RSF-R district.
He said he has noticed that many of the zoning districts do not specify a lot depth requirement.
Senior Planner Drill said minimum depths are not established in most of the districts. This is
because in order to meet both lot width and lot area requirements for new platting, the lot depth
is generally greater than the width.
Commissioner Anderson asked about amendment #508 (P. 224) requiring outside storage areas
to have either a blacktop or concrete surface unless specifically approved by the City Council.
Senior Planner Drill stated that this requirement is in the current ordinance, the proposed change
would place the provision in alphabetical order. He said that when an applicant goes through the
conditional use permit process to obtain outside storage, they could request a surface other than
black top or concrete.
Commissioner Anderson asked about amendment #571 (P. 249) requiring setbacks between
wetlands and parking areas including drive aisles.
Senior Planner Drill said there have been cases in the past year where applicants wished to
expand parking lots right to the edge of a wetland. He said if an area is not subject to the
wetland buffer regulations, there should be some minimal setback to ensure there would be no
negative impacts to the wetland from construction equipment, retaining walls, etc.
Commissioner Nelson asked if there are any townhouse developments currently being done in
phases, and asked if the new phases would be governed by previous regulations or the new
amendments.
Senior Planner Darling stated there is one townhome development by Lennar being constructed
at this time. A site plan has been approved for that development. As a result, the new design
standards would not apply to that development, but would apply to all new townhouse
developments proposed after adoption of the changes.
Commissioner Jaffoni discussed the proposed townhome design which requires the use of
different materials and colors from one adjacent structure to another. She said she is concerned
about keeping the building materials and colors working together, and asked how that would be
accomplished.
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Senior Planner Darling clarified that exterior materials and colors would have to be
complementary. She said samples of all proposed exterior materials and the color pallet would
be reviewed as part of the site plan approval process.
Commissioner Jaffoni complimented staff on the herculean task of completing the 571
amendments. Commissioner Jaffoni asked about amendments #566 and #567 which propose
changes to the shoreland management overlay district. She asked if the existing 1,000 feet from
a lake and 300 feet from a stream is what the DNR defines as the area within the shoreland
overlay district.
Senior Planner Drill replied affirmatively, and said that amendment #566 would address whether
or not the regulations would apply to lots at the outer limits of the shoreland district. Under the
current regulations, if the shoreland district boundary bisects a lot, only that portion of the lot
within the shoreland is calculated. He said one of the purposes for the proposal is to address
situations or inequities that result depending on whether the boundary includes a front yard area
or back yard area of a lot, as that can make a big difference to a homeowner. If the boundary
bisects a lot across the front, which typically includes most of the impervious surface on a lot,
this results in a greater hardship as backyards are typically pervious.
Commissioner Jaffoni asked how many parcels would be able to increase impervious surface.
Senior Planner Drill stated that the outer fringe of the shoreland boundaries affect a significant
number of lots. He said that if a parcel is larger than 2 acres and is bisected by the shoreland
district, the status quo would remain as the regulations would apply only to that portion of such
lot within the shoreland district.
Commissioner Jaffoni noted that the 25% maximum coverage standard has been in place a long
time.
Senior Planner Drill concurred, adding that other nearby cities have received approval for higher
percentages.
Planning Manager Senness said she cannot recall an instance where a shoreland variance was
denied in these situations.
Commissioner Jaffoni said for the first 500 feet from the water body, the 25% limitation would
be increased to 30% if there is a NURP pond. She said that increasing the allowable coverage to
30% is trending in the wrong direction, even though other cities allow a higher coverage.
Commissioner Jaffoni said the DNR is releasing a preliminary draft later this month with new
rules regarding shoreland-related issues. She suggested the Planning Commission could note to
City Council to hold off on these proposed changes until we see what changes the DNR is
considering. Commissioner Jaffoni said her preference leans toward granting variances in
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specific cases rather increasing the percentage from 25% to 30%. She said she would hate to see
Plymouth—which is the number one best place to live—go backwards.
Commissioner Nelson said he lives on the east side of Medicine Lake. He said if a homeowner
installs BMPs (e.g., rain gardens, infiltration basins, riparian buffers), the benefits of that would
far outweigh an extra 5% of impervious surface. He said that would be extremely beneficial to
the lake.
Commissioner Jaffoni agreed, but said her issue is that, as proposed, the regulations would give
up some City control by allowing an increase in coverage without requiring BMPs to reduce
impacts to water quality.
Commissioner Petrash said he is in favor of the overall changes and will support the ordinance
amendments. He concurred with the benefits versus tradeoff comments made by Commissioners
Nelson and Jaffoni. He added that it may be better to streamline regulations where possible to
negate the need for specific variances.
Commissioner Kobussen asked for confirmation that all areas in Plymouth are in the
metropolitan urban service area (MUSA).
Planning Manager Senness replied that all areas of Plymouth are now in the MUSA.
Commissioner Kobussen referenced amendment #223 which deletes locksmith from the C-1
district. He asked if there are any locksmith businesses in that district.
Planning Manager Senness said there is not a lot of C-1 land in the city, and there are not any
locksmiths in C-1.
Commissioner Kobussen asked about amendment #307 which would delete boat sales from C-4,
and asked if this was in a different district or if those sales have been eliminated.
Planning Manager Senness said that because characteristics of that use are similar to car sales, it
is more appropriate to allow boat sales to occur in the C-5 district where car sales are also
allowed.
Commissioner Aamoth asked if amendment #569 is a clarification or if BMPs have always been
required for shoreland variances.
Senior Planner Drill stated that in the past, we have conditioned variances upon installation of
BMPs. He said this change codifies that practice to put applicants on notice that they must
include a BMP for controlling and improving runoff.
Chair Davis asked for clarification on amendment #27 regarding storage tank height.
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Senior Planner Drill said with that proposed change, an industrial use for example could have an
accessory storage tank on their property in a side or rear yard, but it could not be higher than 10
feet above the maximum height of the building, except by conditional use permit.
Commissioner Anderson thanked staff for submitting these changes to the code one day after the
Comprehensive Plan was approved by City Council. He said he is familiar with many cities
placing a moratorium and then coming back 6 months later with the required amendments.
Commissioner Anderson said the proposed changes are quite appropriate. He said the
requirement for trees in a front yard has been needed for a long time. He said it is a bit sad that
the tree preservation affects only a small portion of the city because much of the city has already
been developed. Commissioner Anderson said that the design standards for multi -housing have
been needed for a long time. Commissioner Anderson supported the parking reductions for retail
and office uses. Commissioner Anderson also said he supports the proposed shoreland changes,
and said it is an appropriate softening to regulations that may currently be too restrictive.
MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to forward
comments to the City Council and recommend approval of the annual update of the City Code
and Zoning Ordinance, as presented in the attached ordinances.
Commissioner Jaffoni said she wants everyone to understand that with the changes, all parcels
less than 2 acres will not be subject to any type of impervious surface regulation if located
partially within a shoreland management district. Commissioner Jaffoni said she also wants to
make sure everyone understands that the increase from 25% to 30% coverage is a very
significant change to our policy, and said we are not talking about leniency in a situation for a
hardship. We would be allowing blanket approval, and applicants would not have to come
through Planning Commission or City Council, which would allow for a lot more impervious
surface. Commissioner Jaffoni said many of our lakes are in trouble in terms of water quality,
and feels that allowing an increase in coverage without BMPs is not appropriate. Commissioner
Jaffoni said that she understands that it is a tough economy and we don't want to create
hardships for development or make it onerous for a homeowner. Commissioner Jaffoni said she
cannot support the approval of the document with amendments #566 and #567 included.
Chair Davis said he agrees with Commissioner Jaffoni that this is a policy change regarding
impervious surface, and that the City Council should give it a lot of thought before approving it.
Chair Davis said everything else in the document is good, and said staff has done a good job.
Vote. 6 Ayes, 1 Nay. (Commissioner Jaffoni voted nay.) MOTION approved.
7. ADJOURNMENT
MOTION by Chair Davis, without objection, to adjourn the meeting at 8:03 p.m.