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HomeMy WebLinkAboutPlanning Commission Minutes 07-16-2008Approved Minutes City of Plymouth Planning Commission Meeting July 16, 2008 MEMBERS PRESENT: Chair James Holmes, Commissioners Terry Jaffoni, Scott Nelson and James Davis MEMBERS ABSENT: Commissioners Eric Aamoth and Karl Neset STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, Planner Joshua Doty, City Engineer Moberg, Water Resources Manager Derek Asche and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:09 P.M. (Commissioner Jaffoni arrived at 7:08) 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Nelson, seconded by Commissioner Davis, to approve the July 16, 2008 Planning Commission Agenda. Vote. 4 Ayes. MOTION approved. 4.1 RECOGNITION OF THE CONTRIBUTIONS OF FRANK WEIR TO THE PLYMOUTH PLANNING COMMISSION Chair Holmes said we lost a dear friend and fellow commissioner whose contributions to the City of Plymouth and greater community were invaluable. On behalf of the Planning Commission, Chair Holmes presented Anne Weir and family an inscribed brick which will be placed in the Millennium Garden in memory of Frank Weir for his outstanding contributions to the City of Plymouth. Anne Weir thanked the Planning Commissioners, and said that Frank was proudest of serving on this commission as he loved serving on it and loved serving this City. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 18, 2008 PLANNING COMMISSION MINUTES MOTION by Commissioner Davis, seconded by Commissioner Nelson, to approve the June 18, 2008 Planning Commission Minutes. Vote. 3 Ayes. MOTION approved. Commissioner Jaffoni abstained from voting. Approved Planning Commission Minutes July 16, 2008 Page 2 B. DAMIEN AND KRISTEN WOLF (2005046) MOTION by Commissioner Davis, seconded by Commissioner Nelson, to approve the extension of previously approved variances for a detached garage in the front yard and impervious surface coverage for property located at 10610 South Shore Drive. Vote. 4 Ayes. MOTION approved. C. SKYLINE DEVELOPMENT (2008049) MOTION by Commissioner Davis, seconded by Commissioner Nelson, to approve the request by Skyline Design to approve variances to front yard setback and impervious surface area coverage to allow construction of a room addition for property located at 1895 Juneau Lane N. Vote. 4 Ayes. MOTION approved. 6. PUBLIC HEARING A. GARTNER ENGINEERING, LLC. (2007042) Chair Holmes introduced the request by Gartner Engineering, LLC. for a preliminary plat to allow "Gutlovics Addition" for three single family lots located at the northwest corner of the intersection of 26th Avenue and County Road 101 North. Senior Planner Darling gave an overview of the staff report and said a letter was received from John Miller, 18100 26th Avenue N. citing concern with the drainage issue referenced in the staff report. Chair Holmes asked where the street access would be for the newly created lot. Senior Planner Darling said 26th Avenue would provide access. Commissioner Jaffoni said Items h. and i. in the resolution (regarding drainage) seem conflicting, and asked what the applicant will be required to comply with. Senior Planner Darling said that maintaining the current situation would be the minimum requirement. She said hopefully the swale in the back yard would be an improvement. City Engineer Moberg said the two conditions apply because there are two pieces of property. He said Item h. regards drainage on the property being developed. Item i. applies to adjacent properties which are not part of the development and would ensure their drainage is maintained or improved. Commissioner Jaffoni referenced Mr. Miller's question about the house constructed on a creek. Approved Planning Commission Minutes July 16, 2008 Page 3 Senior Planner Darling said technically it is a drainage way, not a protected creek or wetland. City Engineer Moberg said upon receipt of Mr. Miller's letter, Engineering staff contacted him and explained in detail conditions being placed on the proposed development. He said Mr. Miller was satisfied his concerns were being addressed. Commissioner Davis asked how the drainage ditch would handle the water in a rain event. Senior Planner Darling said the applicant has shown a revised grading plan between Lots 2 and 3. She said the drainage pipe at 26th Avenue would be lowered so water doesn't pool before it enters the pipe. Commissioner Davis asked how water would get to the drainage pipe without going to the house. City Engineer Moberg said with the existing culvert under 26th Avenue is at a fixed elevation and there is poor drainage across the property. He said reconstruction of Co. Rd. 101 will give more grade. The proposed drainage swale would be on the west side of the house (Lot 3). He said the issue is the area is too flat. Lowering the culvert under 26th Avenue gives more flexibility to grade out the property, to be a better reliever for water to pond further to the west and north. City Engineer Moberg said you can't require property owners to do significant grading on other properties to improve their drainage. Commissioner Nelson said the driveway on Lot 2 will eventually be eliminated, and asked if there are any impervious surface issues with the current configuration. Senior Planner Darling responded no. Commissioner Jaffoni asked why there is no sidewalk proposed on 26th Avenue. Senior Planner Darling said the sidewalk requirement is a relatively new and most of the streets in older Plymouth won't have sidewalks. She said the inclusion of one short segment would not be beneficial. Commissioner Davis asked if the proposed plat takes into account Co. Rd. 101 reconstruction. Senior Planner Darling said the applicant has not included all improvements at this point for the Co. Rd. 101 project, and has been asked to revise plans which would include a right turn lane and the lowered invert elevation. Chair Holmes opened the public hearing. Approved Planning Commission Minutes July 16, 2008 Page 4 Chair Holmes introduced Terry Brandt, 18000 26th Avenue north. Mr. Brandt said he lives west of the proposed development where all the water goes. He said he is not entirely comfortable with the explanations of the water drainage. Mr. Brandt said he can get up to two feet of water, and the swale through his property is compromised and now filled. He reviewed problems with keeping the culvert cleaned by the City and County. He said the elevation is not right because water flows into his yard rather than south. He said he has months of wet ground in his back yard, and is concerned with the swale being able to take care of the drainage. Mr. Brandt said he doesn't even know if he can sell his property with the water problem. Chair Holmes closed the public hearing. Chair Holmes asked who is responsible for the maintenance of swales. City Engineer Moberg displayed drawings of the proposed Co. Rd. 101 reconstruction plans. The drawings showed removal plans and the proposed improvements for the area which included a culvert and the locations of two catch basis in the street section. He said the water will drain out of the ditch Mr. Brandt referenced to the catch basins. City Engineer Moberg said the City requested the County lower the culvert so grading on site could dovetail into it. City Engineer Moberg said there is public interest in proper maintenance of drainage ways. However, governmental entities do not have unlimited rights to go on to private properties without proper easements. City Engineer Moberg stated that Hennepin County would maintain anything within Co. Rd. 101, and the City would maintain the 26th Avenue right of way. Commissioner Nelson said he has experienced water problems, and agreed it can be an issue for a homeowner for property value, drainage, and mosquito problems from standing water. Commissioner Nelson said he wants the resolution approved stating water has to be managed by the landowner or government, and whoever is responsible has to do the right thing and make sure the water drainage issues are taken care of for all involved. Planning Manager Senness said prior to the applicant being able to file a plat, all conditions would have to be met including plan revisions. MOTION by Commissioner Nelson, seconded by Commissioner Jaffoni, to recommend the request by Gartner Engineering, LLC. for a preliminary plat to allow "Gutlovics Addition" for three single family lots located at the northwest corner of the intersection of 26th Avenue and County Road 101 North. Chair Holmes said when the driveway is removed that would be a perfect time to review the southwest corner of the new lot to make every assurance possible that the water will be managed appropriately. Approved Planning Commission Minutes July 16, 2008 Page 5 Commissioner Davis concurred with Chair Holmes' sentiments. He said there are water issues and the City should work aggressively to eliminate storm water problems. Commissioner Davis said attention should be paid to Items h. and i. and not make a bad situation worse. Commissioner Jaffoni concurred with all earlier comments. Roll Call Vote. 4 Ayes. MOTION approved unanimously. B. SUNRISE DEVELOPMENT, INC. (2008037) Chair Holmes introduced the request by Sunrise Development, Inc. for a site plan for an assisted -living nursing care facility, conditional use permits to allow a nursing care in the RMF -1 district and more than one principal building on the lot. Senior Planner Drill said the developer is making revisions to the proposed plans and asked that the public hearing be continued to the August 6, 2008 Planning Commission meeting. Chair Holmes opened the public hearing. Chair Holmes moved to continue the public hearing to August 6, 2008 Planning Commission meeting. Roll Call Vote. 4 Ayes. MOTION approved unanimously. C. QUANTUM DEVELOPMENT, INC. (2008052) Chair Holmes introduced the request by Quantum Development, Inc. for a site plan amendment to allow a 10,378 -square foot building addition and parking expansion, a conditional use permit to expand the school use, and an interim use permit to allow a temporary detached classroom building for Beacon Academy located at 12325 State Highway 55. Planner Doty gave an overview of the staff report. Planner Doty said a letter from Brian Busch, 12409 St. Highway 55, has been added to the public record. Chair Holmes asked where pedestrian traffic patterns would occur between the proposed temporary building and existing building. Planner Doty said there would be a sidewalk from the temporary building across the drive aisle to the back of the existing building. He added that the temporary building would be required to meet all building code requirements. Chair Holmes introduced the applicant, Clint Carlson, Quantum Development. Mr. Carlson said a big advantage is creating an additional flow of traffic in the back so busing Approved Planning Commission Minutes July 16, 2008 Page 6 and drop off of children is easier. He said there would be more busing and less parents dropping off kids in the front of the school. Chair Holmes opened the public hearing. Chair Holmes introduced John Caye, 18015 31St Avenue N. Mr. Caye said his son attends Beacon School which is a breath of fresh air for his family. He said Beacon is a great addition to the community and education system. Mr. Caye said the parking lot expansion is very important, and the school success is why it is growing. He said the buses using the back will ease traffic from the front and there would be a more orderly flow of traffic which would benefit Beacon and the area. Mr. Caye said he speaks for his family and many others who support this project. Chair Holmes introduced Bob Zarrielo, 3210 Walnut Grove Lane N., who said he is part of the founding families of the school. Mr. Zarrielo said he is on the school board and his wife is a teacher. He said he is excited about this proposal, and said the school has grown from 100 students to the upper 300's. He said the two additional classrooms in the portable classroom will make logistics easier for the school. Mr. Zarrielo referenced test scores and said this is one of the top schools in the state. Mr. Zarrielo encouraged support of the proposals on the table. Chair Holmes introduced Jordan Ford, 1100 Sycamore Lane, Principal of Beacon Academy. Mr. Ford said he has been a neighbor of the school for 24 years, and now as principal, said they produce a quality program which is a valuable asset to Plymouth and the neighboring area. He said the student number has increased from 90 to 400 in three years' time. He said there are about 200 on the waiting list now. Mr. Ford said he believes the requests proposed will continue to make the school thrive. Mr. Ford said the additional traffic patterns and parking will provide greater safety for students. Chair Holmes introduced Candace Newman, 2230 Ranchview Lane #95, teacher at Beacon Academy. Ms. Newman reaffirmed earlier statements and said there is a community feel in the school, and wants safety within and outside the building. She concurred that it is congested in front. Ms. Newman said tons of parents want their kids to go to Beacon Academy for their strong values and some parents have an hour drive. She said because the school enrollment has quadrupled, the portable classroom is a necessity. Chair Holmes introduced Donald Lamere, 1235 Oakview Lane. Mr. Lamere said his residence is 500 feet from the school and he is dead set against expanding the school. He said he is not against education, but if there is no stop sign outside the school, half the students will be killed as it is a dangerous crossing. He said there are cars in the area all winter and summer, making it difficult to take a left on to the highway. Mr. Lamere said with 300 to 400 students the buses will get in accidents. Mr. Lamere said noise is an issue and traffic is a serious problem. He mentioned his neighbor's grandparents were killed at this intersection many years ago. Approved Planning Commission Minutes July 16, 2008 Page 7 Chair Holmes introduced Delwood Rasmussen, 12405 State Highway 55. Mr. Rasmussen said he lives next door to the school and sees problems every day. Mr. Rasmussen stated that they park on his lawn when there is an evening event, and dual park on the street both morning and afternoon. He said access to Highway 55 is difficult and both vehicles coming off Highway 55 and people coming from the school don't stop at the stop sign. He said buses turn around in his driveway. Mr. Rasmussen said there is a problem with the owner of the school and concurred with Mr. Lamere that parking is terrible. Mr. Rasmussen said his house is 75 feet from the gymnasium and the owner put in a berm but has not maintained it. He said he has spent money for the last 10-12 years to get grass to grow but the drainage from the school parking lot washes out his back yard. Mr. Rasmussen supplied pictures. Mr. Rasmussen said he has talked to the owner several times. He said he is not mad at the school, and added that two of his grandchildren went there for Pre -K school. Mr. Rasmussen said he has noticed kids on his fence, his lot, and the kids tease his dogs. Mr. Rasmussen said he has asked once a year for the last ten years to fix the runoff problem. Chair Holmes introduced Derek Droen, 12405 St. Highway 55. Mr. Droen concurred that the drainage is definitely an issue. He asked where the playground area will move as he didn't think water runoff control will be sufficient enough to draw water away from the west with the increased parking lot. Mr. Droen said the front of the school is an offset parking for 15-20 cars and wraps around with 6 stalls. He said if 10% carpool, this is not nearly enough parking, and said more than 10% of the parents drop kids off. Mr. Droen said consider looking into more sufficient traffic control at the entrance and exit, which has a stop sign nobody stops at. He said cars will double park, or will make a one -lane road because they are parked out in the street. Mr. Droen said a car parked into a shrub which is 4 feet into his property and his driveway is used as a turn -around due to congestion by buses and individuals from the school. Chair Holmes introduced Bent Paulsen, 1305 Oakview Lane N., who said he sympathizes with the drainage problem, but his main concern is to address the traffic problem that will occur at the entrance of the school from Highway 55 and for the service drive to Highway 55 on the southwest side. He said there needs to be dialog between the city, owner and the state regarding how traffic could be handled at this situation. He concurred with Mr. Lamere and said everyone is concerned about it. Mr. Lamere asked how many students fit on a bus and how will busing for 400 students get into the school. He said if they are all going to be bused in and the street is three cars wide in the morning and afternoon, it is definitely not safe. Mr. Lamere said if the school increases to 400 students he hopes he can sell his house before they all get there. Mr. Lamere said if Mr. Carlson was requesting a semaphore he would applaud Mr. Carlson. Chair Holmes closed the public hearing. Approved Planning Commission Minutes July 16, 2008 Page 8 Chair Holmes asked for discussion on the drainage, parking, traffic, playground, and enrollment. City Engineer Moberg reviewed the current drainage. He said the proposed parking lot area will drain across the existing ballfield and the flat area would be taken out so all drainage slopes toward the wooded area to the south and west. He said the applicant is proposing to extend the berm. He said there are no drainage changes to the rest of the site. Chair Holmes asked if drainage improvements could be done on the western edge along the driveway and berm to ensure water is funneling properly. Commissioner Jaffoni asked where the playfield is relocated if water is draining to that location. Mr. Carlson said a lot of effort has been given to drainage planning to send more water to the south. He said there is a dedicated public drainage lot where the whole neighborhood drains. Mr. Carlson said this proposal was purposely designed to send much more water in that direction. He said that some of the water that is near Mr. Rasmussen's property would travel north rather than south. He said north falls under MnDOT and south would go to the Basset Creek Watershed. Mr. Carlson said he has worked with Mr. Rasmussen for a long time and they differ on some of the results. He said the berm was built in 1991 with a site plan amendment and much of the design was Mr. Rasmussen's design. In 1991 his design had a fence that should have been at the top of the berm, to give more buffering. The fence could be moved. He said a swale between a two -headed berm attempts to send water to either over the asphalt to follow curbing to the north or between the two heads of the berm to the north. Mr. Carlson agreed that 8 to 10 feet of land between the top of the berm and the property are draining on to Mr. Rasmussen's land. He said the water problems are related to topography behind Mr. Rasmussen's property as there is a large hill. Mr. Carlson added that grass does not grow because the entire area is wooded. He added that he is prepared to make whatever changes are necessary and he does not want their water to go on to any one else's property. Chair Holmes said that it would be included in the resolution that the applicant will control the water on their property to the best of their ability. Commissioner Davis said the enrollment is germane to the traffic issue. Mr. Ford said this past year there were 330 students K-7. He said there were 393 planned but that dwindled down. He stated the maximum will be 400 students. Commissioner Nelson asked if any students are currently bused. Approved Planning Commission Minutes July 16, 2008 Page 9 Mr. Ford said half of the students are bused, and the buses hold 30-50 students. He said they may add one more bus. Mr. Ford said there is one mid-day bus which assists 10 students. Commissioner Jaffoni asked about control issues raised by residents. Mr. Ford said he appreciates bringing these issues forward and recognizes that the school grew fast and presented challenges they didn't anticipate. He said there are several large evening events to create this community feel, and this does impinge on neighbors' yards. He said a parking and shuttle arrangement with Fourth Baptist is in place to reduce the number of cars parking on the frontage road. The additional parking space in back will take pressure off the general parking. He said the morning traffic is not as challenging because parents do not all arrive at once; the turnaround in back will help better utilize space for afternoon pickup. Mr. Ford said they direct parents down to the W. Medicine Lake Drive intersection. Commissioner Jaffoni asked how long they have had the agreement for parking in the Fourth Baptist church, and if it is being used. Mr. Ford responded they have had the arrangement for one year plus. He said this has been popular and 30 — 40 families park and shuttle. Commissioner Jaffoni asked about enrollment for the last three years. Mr. Ford said there were 90 in 2004, 169 in 2005, 250 in 2006, and 330 this year. He said children are always in the visibility of outside supervisors. Mr. Ford said teasing neighborhood dogs is not appropriate and he will take care of that. Planning Manager Senness said people must be discouraged from parking on neighborhood property and asked if someone is monitoring this during events. Mr. Ford said they do encourage parents to carpool, and will heighten that awareness. He said the upcoming "back to school" night has been broken into two sessions to lessen parking. Chair Holmes asked about the playground that is being moved. Mr. Ford said most of the kids used the east side of the building. The area in question is a small soccer field, which be reconfigured 90 degrees. He said there is no structure in this playground area. Chair Holmes asked if parking on the frontage road could be signed. Approved Planning Commission Minutes July 16, 2008 Page 10 City Engineer Moberg said they would need to look at the existing roadway to determine if parking could be allowed on one side. He cautioned that a challenge of signing is that the no parking" affects everybody — neighbors, parents, and school staff. Chair Holmes asked what could be done about the traffic situation on State Highway 55. City Engineer Moberg reviewed that State Highway 55 has a volume of 37,000 vehicles per day. He estimated that trips for Beacon Academy would be roughly 800 per day which would not be an issue for MnDOT. City Engineer Moberg said there would not be enough space for adequate stacking for a traffic signal so the State would not support that. If the frontage road were moved, that would remove the school and neighboring properties. If the access to Highway 55 were closed, traffic would shift to the W. Medicine Lake Drive intersection. City Engineer Moberg said the State would be receptive to closing that access, but again cautioned that we be careful what we wish for as more traffic would go into the neighborhood. City Engineer Moberg concluded that there are no published plans by the State for upgrading Highway 55, and it is not a good situation but one that we are learning to live with. Commissioner Nelson asked if there state guidelines for a school to be within a certain proximity for a state highway and traffic flow. City Engineer Moberg said he was not aware of such guidelines, and said it is difficult for the State to guide land use. Chair Holmes asked if parents would access the circular drive in front of the school if the new development goes forward. Mr. Ford said they would like to split the access areas to the school. He said there are crossing guards in the afternoon. Mr. Ford said with the additional parking, the buses would be in back which would reduce the use of the frontage road for children pickup by parents. Commissioner Nelson said his children attend a K-8 school that uses staggered start times within a 45 -minute window. He said the younger children are in the gym, while the older kids start school. Commissioner Nelson asked if that is an option. Mr. Ford said they have looked at this option, and haven't ruled it out. He said they share buses with another school to save costs which affects the bus times. He added that extracurricular programs have more kids staying in the building later which helps with some congestion. Mr. Ford said it is difficult for carpoolers who take children from different grades. Mr. Lamere said some school drivers go through the neighborhood to get to I-394. Mr. Lamere referenced Mr. Carlson's statement that water drains into a dedicated drain. Mr. Approved Planning Commission Minutes July 16, 2008 Page 11 Lamere said this property is owned by the O'Fallon family, and is not a dedicated drain. The water goes to it but there is no outlet. City Engineer Moberg said there is no outlet, but was unaware of any historical issues of flooding. Mr. Carlson said the O'Fallon family is the fee simple owner of the lot, but dedicated to all of us using that lot exclusively for public drainage. Mr. Carlson said he assumed there was something underground, but never physically walked over to view that. Commissioner Jaffoni asked for clarification regarding the operation of the daycare facility. Mr. Carlson said there are two daycares in the facility. He said prior to Beacon Academy there were 250 daycare students with parents picking each up, but now have only 40-50 daycare students. He said the elementary school is a better package for physical attributes of the school and for traffic. Mr. Carlson said the daycare is an excellent feeder system to the school and part of why Beacon grew as quickly and solidly as it did. Commissioner Jaffoni asked if the daycare is included in the projected enrollment of 400. Mr. Carlson said there are 40-50 daycare students in addition to 400 students. He said there has been diminished traffic in the last 4 years and the circular loop will be a better way to handle traffic. Commissioner Jaffoni reviewed that the daycare facility had 250 but is now 40 — 50, and at the same time K-8 has increased. She said no wonder cars are parked all over. Mr. Carlson said the current enrollment was 370 last year including daycare. He said 390 is a relatively stable number, and we have had less daycare with less traffic and parking requirements. Many neighbors indicate they would rather have more busing and less individual trips from parents. Commissioner Jaffoni asked how many classrooms the school has currently. Mr. Carlson responded that there are 17 including the daycare, plus two temporary classrooms would total 19. Chair Holmes reviewed that if all of the items meet or exceed zoning, we need to approve. He said they have heard about neighborhood inconveniences and these would need to be watched as the project moves forward. Chair Holmes concurred that Hwy. 55 is bad, and the three crossways from W. Medicine Lake Drive to Co. Rd. 6 is a tough area but we don't control those. He said we need to move ahead and come to a conclusion. Chair Holmes said if there is parking on the yard, neighbors need to call public safety. Approved Planning Commission Minutes July 16, 2008 Page 12 Commissioner Davis said he has an issue with the interim use permit for the temporary classroom. He said he is not in favor of a temporary trailer being used for a classroom for up to three years. Planning Manager Senness noted that several other schools in the city have had trailers during construction. Commissioner Davis said construction doesn't start until next year and the request is for a temporary trailer this year. Planner Doty confirmed that request. Planner Doty said the applicant's narrative indicated 17 listed classrooms. He said the fact that the additional two would total 19 classrooms is new information to staff at this time. Planner Doty said he is not confident this would meet the parking requirement. Chair Holmes recommended continuation as the planning commission wants to act on factual information. He reviewed the options with the applicant. Planning Manager Senness asked how many actual classrooms there would be with the addition. Mr. Carlson stated it would be 19 classrooms with the addition. Chair Holmes introduced Bert Heglund, TSP Architects, who said the application provided a floor plan with all rooms labeled. He said with the addition, there will be 17 classrooms. At that time, the two temporary classrooms will be taken off site. Mr. Heglund clarified that there are currently 15 plus two with the temporary; with the addition there would be another two and the net effect at end would be 17 classrooms. Planner Doty confirmed that the analysis in the staff report is correct. Commissioner Davis questioned the 17 rooms identified under the current plan, plus 4 additional totals 21. He asked for further explanation. Mr. Carlson said there are two classrooms created from a small auditorium in the lower level on the east end of the building. He said the definition of a classroom is difficult to nail down as a gymnasium could be called a classroom. He said Rooms 103 and 104 are activity rooms converted to make better use of the facility. Mr. Carlson stated that he believes 17 is the right number. Planner Doty confirmed 17 existing classrooms with the proposed addition. Commissioner Jaffoni said the situation is more complex than she anticipated. She urged the school to work with the residences to every extent possible to eliminate problems of Approved Planning Commission Minutes July 16, 2008 Page 13 unnecessary noise and parking on private property which is unacceptable. Commissioner Jaffoni said the parking and shuttle arrangement with the church should be enforced and effectively communicated to parents. She said this is a good school, a learning institution that plopped itself on a major highway, with congestion and stop sign problems. Commissioner Jaffoni said she would hate to sign off and then God forbid something happens at that intersection. She said she questioned the student numbers over the years because it indicates a fluid situation and difficult for both the school and neighbors to deal with. Commissioner Jaffoni said she feels some positive progress has been made regarding the parking problem, and stressed that the drainage from the school does not run toward other properties. She said staggering start times could alleviate congestion. Commissioner Jaffoni said she is undecided. Commissioner Davis said the school is a good addition to the community and would support the addition. He said he cannot approve because of the parking issues, and he is counting the classrooms differently than staff. Commissioner Davis said he would not support the interim use permit because he is not a fan of trailers and would rather see the temporary trailer placed when the project starts. Chair Holmes said the conditional use permit is based on findings that the proposed use won't be injurious to surrounding neighbors. He said he is willing to move forward with the proposed change with the caveat that this is not a permanent situation. Chair Holmes said if neighbors complain because of traffic and parking on yards. Chair Holmes highly encouraged the school to work with the neighbors and the parents, and figure out how to get the neighborhood support. He said he understands the traffic problems with Highway 55. Chair Holmes said he will support the proposal. Commissioner Nelson said he is concurrent with Chair Holmes' recommendation for the school and neighborhood to work together. He said growing schools is a great thing, and he is involved in his kids' school. Commissioner Nelson said he knows the challenges with these issues, but suggested getting creative such as staggering start times. Commissioner Nelson reiterated this a residential, not an industrial neighborhood, and the school needs to be a good neighbor. Commissioner Nelson said he will support under those caveats. MOTION by Commissioner Nelson, seconded by Commissioner Davis, for approval of the request by Quantum Development, Inc. for a site plan amendment to allow a 10,378 - square foot building addition and parking expansion and a conditional use permit to expand the school use for Beacon Academy located at 12325 State Highway 55. Commissioner Davis said he will be voting against this Motion only because the parking spaces are incorrect. He said he wished it could be taken back and fixed, but will vote against at this time. Roll Call Vote. 3 Ayes. MOTION approved. Commissioner Davis voted Nay. Approved Planning Commission Minutes July 16, 2008 Page 14 MOTION by Commissioner Nelson, seconded by Commissioner Jaffoni, for approval of the request by Quantum Development, Inc. an interim use permit to allow a temporary detached classroom building for Beacon Academy located at 12325 State Highway 55. Motion to amend by Commissioner Davis, seconded by Commissioner Jaffoni, that placement of the temporary classroom cannot occur until construction of the addition has started. Vote. 4 Ayes. MOTION on amendment approved. Roll Call Vote on MAIN MOTION. 4 Ayes. MOTION approved unanimously. Chair Holmes called for a ten minute recess at 9:34 p.m. D. CITY OF PLYMOUTH (2005050) Chair Holmes introduced the request by the City of Plymouth for the draft surface water management plan. Water Resources Manager Asche gave an overview of the staff report. Commissioner Jaffoni asked if the riparian buffer area is a new addition to the policy. Water Resources Manager Asche said we have a wetland buffer policy which becomes enforced when an applicant plats an area. He said we previously did not have a policy for streams. Commissioner Jaffoni asked if this change affects all bodies of water, such as creeks or streams. Water Resources Manager Asche stated drainage areas such as creeks or streams would fall under this policy. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. Commissioner Jaffoni discussed the application of road salt and asked if additional wording would be more proactive because the salt denigrates water quality in runoff. Commissioner Jaffoni said there are a number of best management practices that could be implemented to mitigate the effects of salt, and asked if those had been considered for this document. Water Resources Manager Asche said staff has reviewed this issue. He said Shingle Creek had a chloride impairment and completed a total maximum daily load (TMDL) plan. This is included as an appendix and it addresses practices of chloride loading into Shingle Approved Planning Commission Minutes July 16, 2008 Page 15 Creek. The goal of the TMDL is to eliminate the impairment and have the creek de -listed. Water Resources Manager Asche said chloride has been addressed thoroughly in our draft plan. Commissioner Jaffoni said the most obvious way to limit the amount of chloride is through the use of road salt. Water Resources Manager Asche said staff recommends different chloride products, reductions in the amount of chloride, and providing education materials. He said the City monitors both public and private de-icer stock piles to comply with new storm water pollution prevention program requirements. City Engineer Moberg said it is important to recognize that a number of years ago the City eliminated the use of sand for snow and ice control because it was considered a sediment, contaminating storm water ponds and wetlands. Salt was determined to be a more effective means for snow and ice control. City Engineer Moberg said the City is not interested in using sand in lieu of salt, but will try to be smarter about how we utilize salt. Commissioner Jaffoni asked how the banking of wetland credits is discouraged. She asked if developers are going outside the City limits to use those credits. Water Resources Manager Asche said the City has a non -degradation plan as required by the MPCA. One pollutant identified is the volume export of surface water from the City. He said the theory behind discouraging wetland impacts outside the city comes from that non -degradation plan. Water Resources Manager Asche explained that filling a wetland costs the City water volume capacity and creates a problem when we have identified that as a pollutant. He said the non -degradation plan would discourage taking that loss of volume outside of the city. Commissioner Jaffoni asked how developers would be discouraged from filling a wetland. Water Resources Manager Asche said if an applicant were to have an impact on a wetland and went through the proper process, it is not easy to discourage. He said the applicant could mitigate elsewhere in the city so we don't increase our total volume discharge. Water Resources Manager Asche explained that the entire process would start with mitigation on site, then within our sub -watersheds. He reiterated that ideally we want to keep wetland mitigation areas on the project site so the site is managing its own water. Commissioner Jaffoni said insisting on keeping volume within the City limits presents challenges and limitations for developers, and asked how the City compares to other communities. Water Resources Engineer Derek Asche said he did not know if other cities do this, but having it in the plan helps staff with maintaining the volume that we have now. He said Approved Planning Commission Minutes July 16, 2008 Page 16 there are limited opportunities to reduce volume, and this provision would help us maintain where we are at and not make things worse. Commissioner Jaffoni asked if this becomes restrictive for developers. City Engineer Moberg clarified we currently don't have a policy that discourages wetland banking outside the city. This is implementing a mechanism to discourage developers from doing that. Planning Manager Senness added that this has not been a major issue, and recalled only two examples of such situations. Commissioner Davis suggested that Commissioner Nelson be added to the listing of planning commissioners on Page iii. MOTION by Commissioner Jaffoni, seconded by Commissioner Davis, to move the draft surface water management plan to the City Council for approval. Roll Call Vote. 4 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. CITY OF PLYMOUTH (CP 7135) Chair Holmes introduced the Environmental Assessment Worksheet for the Wild Wings Flood Protection Project. Water Resources Manager Asche gave an overview of the staff report. Commissioner Jaffoni asked about impact to the wildlife and fish as a result of this project. Water Resources Manager Asche said channels 15 feet wide and 4 feet deep are proposed. He said it would provide more water habitat for wildlife, but the intent is to provide for flood protection and water flow. The expectation is for communities to rebound as time goes on. Commissioner Jaffoni asked if it would help wildlife in the long run, while causing some disruption short term. Water Resources Manager Asche said it is hard to predict a long term benefit. City Engineer Moberg added that historically these three wetland basins had more open water. He said water directly discharges into these, but water travels around the perimeter because it is blocked by vegetation. When the project is complete, the waterfowl will be in the center of the pond, not in backyards. Approved Planning Commission Minutes July 16, 2008 Page 17 Commissioner Jaffoni asked about the additional enhancements providing more diversity. Water Resources Manager Asche said originally the intent was to have larger open waters typical to 1984 prior to development in this area. He explained that the EAW referenced enhancement but the DNR suggested not to pursue that option as it may lead to large hurdles down the road. Commissioner Nelson asked about the proximity of the proposed channels to nearby residential areas. Water Resources Manager Asche reviewed the locations of the proposed channels which would connect to 12-24 existing storm sewers in this area coming from roads into open water sections. Water Resources Manager Asche showed the storm sewer connections which would give water some place to go rather than flooding yards and streets. Chair Holmes introduced Alan Deglemann, 5130 Saratoga Lane N., who asked how the dredging equipment would get access. He said previous dredging caused some problems in the area. Mr. Deglemann said sizeable equipment would be used and would impact the area; he questioned where the material would go that is removed. Water Resources Manager Asche said the equipment is proposed to be taken into the wetland during frozen ground conditions. He said the City typically holds a 20 -foot easement over storm pipes. Water Resources Manager Asche said they recognize landscaping issues such as trees, fences, etc. and choose the route which would least impact residents' yards. He said access can come from Schmidt Lake Rd. Water Resources Manager Asche said a State -issued dredge materials permit requires testing to make sure dredged materials are acceptable and any contamination would go to a landfill. He added that the Wetland Conservation Act Rules prevent putting any materials back into the wetland. Mr. Deglemann said his yard has never been flooded and asked if there has been flooding in this area. Water Resources Manager Asche responded affirmatively. Chair Holmes introduced Jeff Bipes, 10605 52nd Avenue N. Mr. Bipes reiterated that eight years ago the City did dredge in this area. Mr. Bipes showed one of the access points, where storm sewer is. There is some construction going on there now. Xcel Energy dug up property to tap into property lines along Schmidt Lake Road, north by the railroad tracks. Mr. Bipes questioned where the access would be and how this would impact his property. He said there are still gouges in the road from equipment used the last time dredging was done. Mr. Bipes said he understands the need for this dredging as the wetland is filled with cattails. He said he wants the City to work with the neighborhoods to mitigate damage and to give proper notice to the neighbors. Approved Planning Commission Minutes July 16, 2008 Page 18 Chair Holmes introduced Steve Roalstad, 5080 Trenton Lane M. Mr. Roalstad said he was disappointed the DNR does not want to restore the wetlands to the original state. Mr. Roalstad said his property shares a drainage inlet into the wetland, and backyards are limited, only 15 feet away from beginning of the wetland. He said there is some settling of his property and fears the dredging so close to the inlet may exacerbate erosion of his limited back yard. Mr. Roalstad suggested constructing a structure to contain a solid, such as rocks, to prevent erosion. He added that anytime there is increased water flow, materials such as branches, bottles, paper, etc. flow through. Mr. Roalstad said he cleans this area but is concerned as water flows in the new situation trash may flow into the wetland and contaminate the wetland. Mr. Roalstad suggested placement of a small holding pond 30 feet out, so materials would settle there. Mr. Roalstad said he supports the project and said it is a worthwhile endeavor. Chair Holmes introduced Thomas Ona, 5070 Trenton Lane N., who said he supports the project. Mr. Ona echoed Mr. Roalstad's questions, and said he planted a tree so the roots could solidify his sinking ground. He said this dredging process needs to be repeated every 10-15 years on either side of storm drain to protect properties from sinking. Mr. Ona asked about results of similar type projects in Plymouth and how the property fares close to storm drains after trenching is done. He asked how close the trench can be dug in proximity to the storm drain. Water Resources Manager Asche said erosion and sinking may occur at the end of the storm pipe because the water velocity is greatest at that point. The City would like to ensure that the integrity of the pipe is good. Water Resources Manager Asche said the DNR would consider some settling basin at the end of the pipes to prevent channels from filling in. He said this would limit maintenance. Water Resources Manager Asche added that staff currently removes material in front of pipes every one to two years. City Engineer Moberg said one contributing factor is that because the water runoff cannot get out to the wetland basins, we are now seeing more of the yard areas staying in a saturated condition. He said removing the water may stabilize that condition and improve it. MOTION by Commissioner Davis, seconded by Commissioner Jaffoni, to recommend approval of the Environmental Assessment Worksheet for the Wild Wings Flood Protection Project. Roll Call Vote. 4 Ayes. MOTION approved unanimously. B. JAMES CLASEMAN. (2008047) Chair Holmes introduced the request by James Claseman for a variance to allow construction of a 625 -square foot detached garage in the front yard for property located at 5755 Juneau Lane N. Approved Planning Commission Minutes July 16, 2008 Page 19 Senior Planner Darling gave an overview of the staff report. Commissioner Davis said the garage would be eight feet from the property line, but it does not appear to be eight feet on the drawing. Senior Planner Darling advised that the scale on the plan is incorrect. Commissioner Davis asked if Mr. Claseman would be able to place the garage in this area without affecting the well. Senior Planner Darling said if this is approved, a survey would be required showing the proposed garage and the distance to property lines and the well. Commissioner Jaffoni questioned if the current garage could be expanded. Senior Planner Darling said there is a deck in the area that would need to be removed, and a variance would still be required. Commissioner Nelson noted the severe slope and grade of the lot, and asked if the applicant were willing to spend the money, if a detached garage could be located in any other location on the lot. Senior Planner Darling said the slopes are steep and not usable. She said a variance would be required for any location in the front yard. She said that she saw that the garage could be placed south of the home, but vehicles or a drive would have to wind over the drain field to access the location. Chair Holmes introduce the applicant James Claseman. Mr. Claseman said he has lived here 22 years. He watched the Lake Camelot are develop with nice homes having 3 or 4 car garages. Mr. Claseman said he could add another garage 10 feet off the west side of his house, but the vast majority is wetland. He said the well sits in the way and he doesn't know an alternative to that. Mr. Claseman said his house sits 30 feet above the wetland, and added his insurance has questioned if he is in a flood zone. Chair Holmes asked when Juneau Lane is slated to be rebuilt. Senior Planner Darling said that this segment is not scheduled to be rebuilt. Other parts of Juneau Lane would be removed and traffic rerouted east to Cheshire Lane with the Trillium Woods proposal. Chair Holmes suggested extending the back of the existing garage. Approved Planning Commission Minutes July 16, 2008 Page 20 Mr. Claseman stated that the neighbor to the north does not object to the proposal. Mr. Claseman added that the proposed garage would match the aesthetics of the house and have cedar siding. City Engineer Moberg asked if Mr. Claseman could identify placement of the garage if the well and septic were eliminated. Mr. Claseman said he would pivot the garage and eliminate the need for variances. Senior Planner Darling stated that accessory buildings are not allowed between primary structures and the street so the location would still require a variance, but that scenario would pull garage further from the right of way. Commissioner Jaffoni asked if it is possible to do anything about the well. City Engineer Moberg said the water main will be extended to Juneau Lane with the Trillium Woods project. He said once the water main is extended, it is not far-fetched to extend a bit further north to Juneau Lane. Commissioner Davis asked if the well could be moved. City Engineer Moberg said the property owner could investigate this option. It would need to be determined if drilling a new well is feasible, especially when city water is being extended into the area. Planning Manager Senness added that the Trillium Woods project appears to moving forward next year with their first phase of construction. Chair Holmes said this proposal is between a rock and hard place. He said there is no space to put the garage on the property with the lot configuration. Chair Holmes said if the well weren't there this would be a different story, but it is too close to the front right-of- way and he supports denial. Commissioner Nelson said he sympathizes with the applicant wanting more space. Commissioner Nelson said he already has a garage, and doesn't meet the hardship criteria we are bound by. Commissioner Nelson said he concurs with Chair Holmes. MOTION by Commissioner Davis, seconded by Commissioner Nelson, to deny the request by James Claseman for a variance to allow construction of a 625 -square foot detached garage in the front yard for property located at 5755 Juneau Lane N. 4 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes July 16, 2008 Page 21 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 10:46 p.m.