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HomeMy WebLinkAboutPlanning Commission Minutes 02-21-2007Approved Minutes City of Plymouth Planning Commission Meeting February 21, 2007 MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, John Cooney, James Davis and Terry Jaffoni MEMBERS ABSENT: Commissioners Karl Neset and Erik Aamoth STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill and Office Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Chair Holmes announced that items 5B and 5C are to be removed from the Consent Agenda and will be discussion items prior to the Public Hearing. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the February 21, 2007 Planning Commission Agenda as amended. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE FEBRUARY 7, 2007 PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the February 7, 2007 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved with Chair Holmes abstaining from vote. DISCUSSION ITEMS A. SCOTT AND MARY LINNELL (2006086) Commissioner Jaffoni said that she has served on the Environmental Quality Commission and she has concerns about the growth of impervious surfaces in the City as it impacts our lakes. She said that she is concerned about the trend as it seems that it is in the wrong direction. She said that this property is an old property and that a lot of what exists and the Approved Planning Commission Minutes February 21, 2007 Page 2 impervious surface footprint that exists are grandfathered in before the regulations actually became effective in 1982. She said that she is concerned about increasing the impervious surface and she asked if there is a way to construct this two -car garage without increasing the total impervious surface on the property. Planning Manager Senness referred to the applicant, Scott Linnell, 9960 26th Avenue North. Mr. Linnell said that the house was built in 1925 and the lot lines were drawn around that property. He said they have 100 -year old oak trees that they are trying to save. He said that in order to move the garage further in to the existing driveway, they would have to remove one of the oak trees. He said that the last time they came before the City, the City did not want them to take down any trees. He said they are turning the garage and bringing it in to the driveway within the circular drop of the branches of the tree. Commissioner Jaffoni asked if the construction of the 420 square foot rain garden is adequate to offset the increase of 202 square feet of impervious surface. Planning Manager Senness said that staff has determined that the proposed rain garden would offset the impervious surface. She said that staff has started requesting best management practices BMPs) to address the increase of impervious surface in the older areas of the City, which were planned and developed before the regulation of impervious surface coverage. She said that requiring BMPs help the City to achieve the balance between protecting the environment and making sure that neighborhoods are maintained. Commissioner Jaffoni asked if there is a maintenance plan for this rain garden into the future so that it is not just put in but then fills in over time and doesn't serve the purpose it was originally intended. Planning Manager Senness said the City does not require maintenance agreements for a single family property. Commissioner Jaffoni asked if the applicant could be requested to maintain it. Planning Manager Senness said that since there is a variance requested that could be something to add. Commissioner Jaffoni asked if the property owner would agree to the condition to put in the rain garden and maintain it as a rain garden. Mr. Linnell said that he would agree to that. MOTION by Commissioner Weir, seconded by Commissioner Cooney, to approve variances to allow a detached garage in the front yard and for impervious surface coverage, subject to the additional condition that the owner enter into a maintenance agreement for the rain garden for property located at 9960 26th Avenue North. Commissioner Davis asked for confirmation that there are agreements with other homeowners. Planning Manager Senness said that the City has had agreements with commercial property but not with any individual single family homeowners as it would be fairly difficult to monitor. Commissioner Davis asked if this would be setting a precedent for something that no one would be able to maintain. He asked if it would have to be Approved Planning Commission Minutes February 21, 2007 Page 3 reviewed by legal and if it is binding on the next homeowners or whether is it tied to the property. Commissioner Weir asked that since it is a variance, if it wouldn't be covered until the variance is changed. Planning Manager Senness said the variance is filed against the property. Commissioner Weir asked for confirmation from the homeowner that need for maintenance of the rain garden would be nonexistent. Mr. Linnell said that it should be minimal but that it is viewed from the street and it will be maintained. Vote. 4 Ayes. MOTION approved. Commissioner Davis voting Nay. B. SKYLINE DESIGN, INC. (2007006) Commissioner Jaffoni asked how big the home is now. Planning Manager Senness said she did not have the exact figure. She said the hardship is that this is a project where the unit lots are quite small. She said there is a large open space between this development and the receiving waters that serves to provide additional water quality treatment. She said the problem is that it is very difficult to measure exact impervious surface percentages for the development. She said that in this case, and in numerous other cases in this particular neighborhood, they look at each variance on the particular merits and facts. She said that in this neighborhood, most of the facts are very similar. She said they are taking a concrete pad up and increasing coverage slightly for a small room addition. Commissioner Jaffoni said she is not against projects and that both are similar concerns on impervious surface. She asked how large the buffer is between the lake and this property. Planning Manager Senness said that it is a sizeable area. Commissioner Jaffoni said this has been a disturbing trend for a long time. She said that even though lakes are improving, the health and welfare of our lakes and rivers are very important. Planning Manager Senness said that there needs to be a hardship and staff uses standards to evaluate each variance request. She said that if staff finds a hardship and there are offsetting factors that will address the environmental side, staff will recommend in favor of a request. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve a shoreland variance for impervious surface area coverage from 50 percent to 53 percent to allow construction of a 286 square foot room addition for property located at 959 Zanzibar Lane North. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. GONYEA DEVELOPMENT, LLC. (2007002) Approved Planning Commission Minutes February 21, 2007 Page 4 Chair Holmes introduced the request by Gonyea Development, LLC. for rezoning from FRD (Future Restricted Development) to RSF-2 (Single Family Detached 2) and a preliminary plat to create 10 single-family lots called "Dunkirk Addition" for property located at 3120 Dunkirk Lane North. Senior Planner Drill gave an overview of the February 13, 2007 staff report. He noted that one letter has been received. That letter and a response from the City's Parks and Recreation Director have been provided to the Planning Commission and added to the public record. Commissioner Davis asked if the church is currently in use. Senior Planner Drill responded that the church is not in use. Commissioner Davis asked what the plans are for 31St Avenue. Senior Planner Drill said there are no plans for it at this time. He said the City does have right-of-way. He said there is a possibility that some neighbors to the south may be requesting a vacation of all or a portion of that right-of-way in the future. He said another option to preserve some of the existing right-of-way would be if neighbors would want a trail constructed through this area. Commissioner Weir asked what the traffic is like on Dunkirk now and how this development would affect it. Senior Planner Drill said that a single family home generates 10 trips per day on average. He said a round trip counts as two trips. He said this development would produce roughly 100 trips per day and Dunkirk Lane can readily accommodate that amount of traffic. Commissioner Jaffoni asked who constructs the new street into the development. Senior Planner Drill said it would be constructed by the developer. He said that the street is inspected during and upon completion of construction before being accepted by the City. Commissioner Weir asked if any wetlands are being taken away. Senior Planner Drill said there are wetlands that lie to the north of the site and a much larger wetland to the east of the site. He said there would not be any wetland fill needed for this development. Commissioner Jaffoni asked how the 50 -foot buffer and 15 -foot setback are used. Senior Planner Drill said that they can't build anything in the buffers and that some ponding is allowed to occur within a portion of that wetland buffer. Senior Planner Drill said that wetland buffer monuments are installed along the edges and nothing is allowed to be constructed beyond that line. Planning Manager Senness added that the buffer is a natural area that is not mowed. She said that buffer violations are dealt with by complaints received from neighbors. She said the City provides education for the public through information that is available on line and at the City to make residents aware of the purpose of wetland buffers and what can and cannot be done in those areas. She said the City also puts articles in the Plymouth News from time to time. Approved Planning Commission Minutes February 21, 2007 Page 5 Chair Holmes introduced the applicant, David Gonyea, representing Gonyea Development, LLC. Mr. Gonyea said they typically plant a seed mix in buffer areas that will be maintained and untouched. He said that will be used as filtration prior to runoff reaching the wetlands. He said that onsite runoff will be treated through ponds on the site. He said that what is running off the wetlands now will be captured and treated and then dispersed out. Chair Holmes opened the public hearing. Chair Holmes introduced Robert Triebenbach, 16520 30th Avenue North. Mr. Triebenbach asked what a rain garden is. He said he is concerned about drainage at the project. He said there is major drainage onto his property and the drainage is very slow there. He said there is a stormsewer manhole there but it is 2 t/2 feet above his property and water sits around it. Chair Holmes introduced Jupe Hale, 3210 Fountain Lane North. Mr. Hale asked that the Planning Commission consider tabling this matter. He said the bigger decision has to do with the availability of playfields. He said that parks with existing playfields are further away. He said he would like to see it addressed if there should be playfields in the area. He said that approving the plat would cut off some of the alternatives that may be present. He said that the Comprehensive Plan as it exists today does not show this area as a future park. He said that the Comprehensive Plan is currently being updated and thinks that opens the door for debate on this subject. Chair Holmes introduced Mike Smith, 3260 Garland Lane North. Mr. Smith said he had contacted Eric Blank and asked if the Parks Department had fully looked at purchasing this site. He said it is a lot of bang for the buck. He said there is already a parking lot there. He said that if the City doesn't acquire this property, an alternative to consider would be better access through the trail system to Maple Creek Park with a trail along the wetlands. He said the City owns a great deal of wetlands and has paid a lot to preserve them. He said that the developer should work closely with the Parks Department to come up with the best system for the area. He said he is not sure of the need for ten more houses in the area, but rather the need for playfields. Chair Holmes introduced Jason Krantz, 3210 Everest Lane North. Mr. Krantz said he enjoys looking at open fields and parks. He asked what kind of single family homes would be going in there. Chair Holmes introduced Jackie Archbold, 16915 32nd Avenue North. Ms. Archbold said the neighborhoods have been very lucky to use this site and it would be hard to see that go. She listed a number of activities that occur on this 5 -acre parcel by the immediate neighborhood and by others. She said it wouldn't take much to make it into a community center and connect it to Maple Creek Park. She said the City is a leader in the park system. Approved Planning Commission Minutes February 21, 2007 Page 6 She said that residents have shown that they want open space and clean ponds by voting for them and paying more taxes for them. Chair Holmes introduced Guy D'Angelico, 16521 30th Avenue North. Mr. D'Angelico said the site is being used now as a park. He said the closest park to them is Maple Creek Park. He said there is an existing parking lot and they could even use the existing building for crafts or could flood behind there for ice skating and use the building for changing. He said it is right next to the fire station, so maintenance could be handled the same as for the fire station. He said that the Lowes plaza, Vicksburg Crossing and three developed areas at Vicksburg and Highway 55 became part of downtown Plymouth. He said that since Plymouth already owns all that wetland, they should put a nature trail around it and tie into the Lowes and Rainbow developments and the fire station. He said that Plymouth citizens have voted for parks and recreation and part of the vote was contingent on property being available. He said this is available and for a relatively small investment, it would complete a downtown Plymouth. He said he thought that the neighbors would agree and if there were to be a petition and fundraisers, they could get as many signatures and money as needed to make that happen. Chair Holmes closed the public hearing. Senior Planner Drill said that a rain garden is a low area of a swale with deep-rooted plantings that allows runoff to infiltrate into the ground. He said it is not an area of standing water, like a water quality pond, but rather is an area that is wet after rain events and then the runoff percolates into the ground. Senior Planner Drill said the rain garden is to capture the runoff flowing to the east. He said the manhole that Mr. Triebenbach referenced is a sanitary sewer manhole. He said that the grading plan has been designed to not have any offsite impacts. Mr. Gonyea said the rain garden would capture runoff from the rear yards. He said that all of the runoff from the front yards and street would be captured by catchbasins before going into the pond. He said that drainage would be reduced by half or better and that is the purpose of a rain garden. He said that it should improve on existing runoff and drainage conditions. Planning Manager Senness said that under state law, the City has until May 11 to review the application. She said the City has to approve or deny it within that time. She said that if the City doesn't take action on the request, it is automatically approved. She said that this plat meets all of the standards that are in the City's codes. She added that comprehensive planning is a separate planning process that occurs prior to development. She said that the memo from the Parks Director states that this particular area is as well or better served by parks than other parts of the City. She said that City parks are within the standard distance established as being appropriate and reasonable for parks. She said this is not, by City definition, an underserved area. Approved Planning Commission Minutes February 21, 2007 Page 7 She said the 10th playfield is intended to be in the northwest part of the City because there aren't any there now and there will not be any more added in any other part of the City. She said that in the Parks Director's memo, he did discuss the possibility for providing more trails in the area. She said this can be looked at in the Comprehensive Plan as the parks portion will be started within the next few months. She said that the area south of Highway 55 is not part of the City Center. Mr. Gonyea said that the price of homes would range from $700,000 to $1,000,000. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by Gonyea Development, LLC. for a rezoning from FRD (Future Restricted Development) to RSF-2 (Single Family Detached 2) and a preliminary plat to create 10 single-family lots called "Dunkirk Addition" for property located at 3120 Dunkirk Lane North. Commissioner Davis said the neighbors made some good arguments regarding parks and trails. Planning Manager Senness said the Comprehensive Plan will be looking at the needs throughout the City. She said the Planning Commission will be involved in looking at the City overall as part of the update. Commissioner Jaffoni asked if trail expansion needs are identified in the Comprehensive Plan, how long it would take to be realized. Planning Manager Senness said the Capital Improvements Program considers the funding priorities. She said part of the Comprehensive Plan process will be to identify needs and then prioritize them by availability of funds. Commissioner Weir said that the Parks Director's memo stated that to consider acquisition of property in this area would require an amendment to the City's Comprehensive Plan. He said this is not something that will just happen then. Planning Manager Senness confirmed that there would be a public process that would surround that and that process takes several months. Planning Manager Senness confirmed for Commissioner Jaffoni that trail expansion can be discussed later as part of the updated Comprehensive Plan. Roll Call Vote. 5 Ayes. MOTION approved unanimously. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 8:20 p.m.