Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 04-23-2003Approved Minutes City of Plymouth Planning Commission Meeting April 23, 2003 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, Kendall Griffith, Nancy Franke -Wilson, James Holmes, Jason Rohloff and Melissa Musliner MEMBERS ABSENT: None STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Shawn Drill, City Engineer Ron Quanbeck, 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 MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to approve the April 23, 2003 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. APPROVAL OF MINUTES MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the April 2, 2003 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. Commissioner Rohloff abstained. 6. CONSENT AGENDA A. KEVIN AND REBECCA PFEIFFER (2003031) MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve the request by Kevin and Rebecca Pfeiffer to approve a variance to allow redevelopment of an undersized lot located at 2344 Ives Lane North. Vote. 7 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes April 23, 2003 Page 2 7. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2003022) Chair Larson introduced the request by the City of Plymouth for a Comprehensive Plan Amendment and Rezoning to reguide and rezone certain parcels for consistency between the City's Land Use Guide Plan and Zoning Map, and Comprehensive Plan Amendment to remove land from the "City—Owned Open Space" designation, for properties located west of East Medicine Lake Boulevard near 24th Avenue. Senior Planner Drill gave an overview of the April 15, 2003 staff report. Chair Larson opened the public hearing. Chair Larson introduced Lisa Dutton, 2300 E. Medicine Lake Boulevard. Ms. Dutton stated she lives directly across the street from where the pond would be and is supportive of improving water quality. Ms. Dutton said when she purchased her home she was told she had permission to place a dock on Medicine Lake. Ms. Dutton questioned if the rezoning would affect her lake access rights and if so, would her property be reassessed and the property tax adjusted. Ms. Dutton also asked if the pond would have stagnant water that would increase the amount of mosquitoes. Chair Larson introduced James Conley, 2440 E. Medicine Lake Boulevard. Mr. Conley stated that the City is going to have to pay him if they put a "slop hole" in front of his house because it would take away all the value of his house. Mr. Conley stated that he doesn't trust the City at all. Mr. Conley also asked if a fence would be provided around the pond. Chair Larson closed the public hearing. Chair Larson asked if rezoning would affect the homeowner's lake access rights. Senior Planner Drill responded that the proposed amendments would not affect a homeowner's ability to install a dock if they already have that right. Director Hurlburt added that Ms. Dutton should check with a real estate attorney to determine her status of lake access rights. Chair Larson asked for a description of the proposed pond. City Engineer Quanbeck stated the pond would be similar to water quality ponds in place around the City. The water for this pond would come from the low flows from a larger drainage area, providing a constant or near constant flow of water to circulate through the pond. Mr. Quanbeck also stated that there would a slope down to the water line of the pond, then a 10 -foot wide aquatic bench for safety – which allows emerging vegetation to establish. Mr. Quanbeck said a Approved Planning Commission Minutes April 23, 2003 Page 3 feasibility study had not yet been prepared, but he anticipates that the final design will include a roughly 30 -foot wide natural buffer strip around the pond. Planning Manager Senness stated that the City prohibits fencing in most cases, and that studies indicate that fences around water quality ponds may become an attractive nuisance. Ms. Senness added that safety measures are built into the design of the pond – with the first ten feet of water around the perimeter of the pond having a depth of only one foot. Director Hurlburt said if someone got over the fence, the fence could be an impediment to a rescue. She said the potential hazards related to living near the pond would be no different than the potential hazards related to living near the lake. Ms. Hurlburt added that fences also tend to collect litter. MOTION by Commissioner Weir, seconded by Commissioner Musliner, to approve the request by the City of Plymouth for a Comprehensive Plan Amendment and Rezoning to reguide and rezone certain parcels for consistency between the City's Land Use Guide Plan and Zoning Map, and Comprehensive Plan Amendment to remove land from the "City—Owned Open Space" designation, for properties located west of East Medicine Lake Boulevard near 24th Avenue. Roll Call Vote. 6 Ayes. MOTION approved. Commissioner Holmes abstained. 8. NEW BUSINESS A. CITY OF PLYMOUTH (2002147) Chair Larson introduced Director Hurlburt who presented the April 16, 2003 staff report on the draft subdivision regulations. Director Hurlburt said the public comment period will extend to May 15, 2003. The proposed subdivision regulations will go to City Council on May 27th. If adopted on May 27, 2003, these subdivision regulations would be immediately effective. Director Hurlburt recommended tabling this item until the next Planning Commission meeting for detailed discussion and formal recommendations. Commissioner Weir referenced Section 502-3 and questioned if 3 employees per 1,000 square feet is a realistic projection. Director Hurlburt said in the ordinance there are some factors used when dealing with land, but the estimate is based on how many people are likely to be employed in a location. She said these are the same numbers used in transportation planning for the City and added industry averages are used based on studies by industry groups. Commissioner Rohloff noted that there is an administration reduction of financial guarantee and asked if there is a provision for an increase in the financial guarantee. Approved Planning Commission Minutes April 23, 2003 Page 4 Director Hurlburt said there is no ability to increase a guarantee. She said that at the time a development is approved, the financial guarantee maximum is established based on estimates of the costs and the financial guarantee is reduced from there. Commissioner Musliner referenced Section 510-2 and the conditions for recommending approval of a preliminary plat to City Council for approval or denial. Commissioner Musliner asked if the City Council assumes all items on this outline were met if the Planning Commission recommends approval to the City Council. Director Hurlburt responded affirmatively. Commissioner Musliner referenced Section 516.01 concerning the variance criteria, 11 substantially diminish or impair property values within a neighborhood". Commissioner Musliner recalled that at the last Planning Commission meeting some people were concerned about diminished property values and a planner had said the ordinance does not legislate the value of homes in a proposed development. Director Hurlburt said that is true for a site plan approval but when there is a varying from the ordinance, the variance could cause a degradation in property value. She added that a mere allegation that the proposed variance would impair property value is not real, and an appraisal might be necessary to declare there would be an impairment of value. MOTION by Commissioner Rohloff, seconded by Commissioner Weir, to table the subdivision regulations update to the May 7, 2003 Planning Commission meeting. Vote. 7 Ayes. MOTION carried. 9. ADJOURNMENT MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to adjourn the meeting. Vote. 7 Ayes. The meeting adjourned at 7:58 p.m.