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.
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April 23, 2003
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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
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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.
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April 23, 2003
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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.