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HomeMy WebLinkAboutPlanning Commission Minutes 05-18-2005Approved Minutes City of Plymouth Planning Commission Meeting May 18, 2005 MEMBERS PRESENT: Chair Peggy Larson, Commissioners James Holmes, Frank Weir, E.J. Clyman, Nancy Franke -Wilson, Sarah Anderson, and Kathleen Murdock MEMBERS ABSENT: None. STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Marie Darling, Planner Joshua Doty, Associate Planner Jared Noelting, Asst. City Engineer Ross Beckwith, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. 4. APPROVAL OF AGENDA Chair Larson said items 5B and 5C will be removed from the Consent Agenda and placed under New Business. MOTION by Commissioner Weir, seconded by Commissioner Murdock, recommending approval of the amended May 18, 2005 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MAY 4, 2005, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval of the May 4, 2005 Planning Commission Minutes. Vote. 6 Ayes. Chair Larson abstained. MOTION approved. Approved Planning Commission Minutes May 18, 2005 Page 2 6. PUBLIC HEARINGS A. AVERY HOMES (2005003) Senior Planner Darling gave an overview of the May 10, 2005 staff report. Chair Larson introduced Bob Swanson, 9915 -29th Avenue North. Mr. Swanson said his home is located north of the proposed site. He said his primary concern is the possibility of a drainage problem. He said his property has standing water year-round. He said if there is a home built on the property, it will drain towards his property. Chair Larson introduced Mike Avery, 1465 W. Medicine Lake Drive. Mr. Avery said the lot is about 180 feet deep so there is plenty of space to prevent a drainage issue. He said he is required to submit a grading plan. He said they are willing to construct a culvert or other options for drainage. Mr. Avery said he would be willing to work with the neighbors to resolve any drainage issue. Asst. City Engineer Beckwith said the Engineering Department would like to see the drainage plan. Director Hurlburt said a drainage plan could be added to the resolution as a condition. MOTION by Commissioner Weir, seconded by Commissioner Wilson, recommending approval of the request by Avery Homes for variances to lot area and width to allow a minor subdivision to create two lots on property located at 9920 -28th Avenue North with the amendment that the applicant submit a drainage plan prior to approval of the minor subdivision. Roll Call Vote. 7 Ayes. MOTION approved. B. ENERGY ALTERNATIVES (2005053) Associate Planner Noelting gave an overview of the May 10, 2005 staff report. Commissioner Clyman asked if there are any other generators similar to this in Plymouth. Associate Planner Noelting answered affirmatively. Commissioner Clyman asked if there would be enough radius if the stack were to fall. Associate Planner Noelting said there is adequate clearance. Commissioner Clyman asked what is considered daytime hours. Associate Planner Noelting said 7:00 a.m. - 10:00 p.m. Chair Larson introduced Scott Kurtz, Energy Alternatives. Approved Planning Commission Minutes May 18, 2005 Page 3 Mr. Kurtz said they have installed similar generators locally such as Banta in Maple Grove, Hartford Insurance in Maple Grove, and Albertville Premium Outlet Mall in Albertville. He said the issues that typically come up are the noise and appearance. He said the Minnesota Pollution Control Agency (MPCA) requires that they are at or below 55 decibels. He said they will meet those requirements with this project. Commissioner Clyman asked if they have installed any generators in Plymouth. Mr. Kurtz said they have installed one at Progress Casting which is in an industrial area. Commissioner Clyman asked why a stack is required. Mr. Kurtz said the MPCA requires emissions modeling to make sure you are not adversely affecting any nearby area. He said the MPCA will require a stack if you are not meeting the proper levels at ground level. He said the stack prevents any pollution problems. He said they have a good plan in place to screen the generator with the planting of trees and a berm. Commissioner Clyman asked how secure it is against vandalism and weather issues. Mr. Kurtz said it is locked with a deadbolt lock. Commissioner Clyman asked if a fence had been considered. Mr. Kurtz said they would be providing a fence because of the retaining wall. He said it would not surround the entire generator. Commissioner Clyman asked how close the existing storage would be to the generator. Mr. Kurtz said it would be approximately 20 feet. Mr. Kurtz said the stack would be professionally engineered so it would be stable. Commissioner Clyman asked where the 2,000 gallons of diesel fuel are stored. Mr. Kurtz said the tank is located on the lower part of the unit. He said it is an above ground storage tank. Commissioner Clyman asked if there would be a security system. Mr. Kurtz said no. Commissioner Anderson asked if the generator was located in a different location, if a stack would still be required. Mr. Kurtz said the generator would have to be over 120 feet away from the building for a stack not to be required. Commissioner Murdock asked if there is an existing backup generator. Mr. Kurtz said they have a small emergency backup generator. Chair Larson asked how the noise issue would be addressed. Mr. Kurtz said they design the generator with sound baffles and silencers. Commissioner Clyman asked if any of the testing is done on the weekends. Mr. Kurtz said they test during the week, during business hours. He said the run time would be around 80 hours a year in the event of utility outages, during peak demand days, and monthly testing. Chair Larson introduced Scott Zima, 4200 Xenium Lane North. Mr. Zima said his property line is about 100 feet from the proposed location of the generator. He said the ridge rise is about 40 feet in height and the proposed stack would be 38 feet tall. He said a 2,000 gallon diesel tank 150 feet from his home is too close. He said a backup generator would run for approximately 80 hours a year. He said he is Approved Planning Commission Minutes May 18, 2005 Page 4 concerned about the number of hours they propose for run time. He said it should be located elsewhere, further from residential. He said the exhaust from the stack would be right at the level of his property. Mr. Kurtz said any run time more than 80 hours per year wouldn't be cost effective. He said the westerly winds will blow the emissions west to east away from the residential properties. He said the stack would be angled south so that would help too. He said the MPCA allows 1130 micrograms per cubic meter and this generator would generate about that amount. Commissioner Clyman asked if other locations were considered. Mr. Kurtz said going east was an option but because of the location of the service to the building, it would be too expensive. He said they try to make it as neighborhood friendly as possible. Chair Larson asked if there is a filter device at the top of the stack. Mr. Kurtz said no. Director Hurlburt asked about the safety concerns with diesel fuel. Mr. Kurtz said diesel is not considered a flammable fuel. He said they are using a UL listed double wall fuel tank for added safety. He said it would have a built-in alarm monitoring system. Commissioner Clyman asked who is notified in the event an alarm goes off. Mr. Kurtz said it notifies someone at Target and someone at Energy Alternatives. MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to add verbiage to Number 6 of the approving resolution regarding when generator testing may occur to state "no weekends". Chair Larson introduced Jill Baechler, 4205 Xenium Lane North. Ms. Baechler said she opposes the request and has concerns with the health risks involved. She asked if the value of her home is going to be affected, and if so, would there be any compensation. She said she has concerns about them needing access through her yard. Mr. Kurtz said judging by the number of hours the generator would run, it is safe to say there are more pollutants on Highway 494. He said there are generators located at schools. Chair Larson asked if the emissions are regulated by the MPCA. Mr. Kurtz answered affirmatively. He said although it is not required, it would be monitored 24 hours a day for any problems. Mr. Kurtz said the generator would be located on the Target site and no access would be required through other properties. Chair Larson asked about compensation for decreased values of properties. Director Hurlburt said this is a request for a site plan amendment. She said if the applicant meets the City's requirements for site plan amendment, the City doesn't have much discretion. Commissioner Anderson asked if this area was zoned residential or commercial first. Director Hurlburt said Target was there first. Chair Larson introduced David Goldstein, 11725 -38th Avenue North. Approved Planning Commission Minutes May 18, 2005 Page 5 Mr. Goldstein said he has concerns with the safety for the kids in the neighborhood. He said diesel fuel is flammable. He said there are different grades of diesel. He asked if they would have to empty it in the winter when they change grades. He asked where the fuel truck would maneuver. He asked if the Fire Department was consulted in regards to the diesel fuel. Mr. Zima said peak electrical use, which is 4 p.m. to 8 p.m., is when he is home and would be experiencing the fumes and noise. He said there is no reason to put it this close to a residential area when there are clearly more options, even if it is at a higher cost to Target. Mr. Kurtz said the other options for location are too costly. He said they are 100 feet off the lot line. He said they have been responsible in planning the location. Mr. Kurtz said the generator would operate for backup, during peak demand days, and for testing. Commissioner Murdock asked how the location and distance from residential areas compares to some of the other generators they have installed. Mr. Kurtz said this is further away than most. He said most installations are in industrial areas. He said 100 feet is more than the majority. Commissioner Wilson asked about all schools being required to have a generator. Mr. Kurtz said certain types of buildings require backup generators. He said most schools would fall into that category. Commissioner Wilson said if schools and hospitals use them, then wouldn't they be considered safe. Mr. Kurtz answered affirmatively and said they have to follow the MPCA rules for pollution and safety. Chair Larson asked about the security of the tank. Mr. Kurtz said they have never had a problem with a leaking tank. He said they are regularly tested to find any potential problems. Commissioner Murdock asked if the Fire Department had been included in the review. Associate Planner Noelting said there is a separate Fire Department permit required. Director Hurlburt said staff's review included the Fire Department review. Associate Planner Noelting said a fire suppression system would be required. Commissioner Clyman said the applicant has submitted a $25,000 letter of credit for noise. He asked if part of that could be used for the security of the generator or vandalism. Commissioner Clyman said his main concern was the possibility of vandalism. Planning Manager Senness said the letter of credit has already been received and it is specific to conditions that affect noise. She said we cannot change the letter of credit. Director Hurlburt said the letter of credit is intended for use if the noise levels are not meeting the required standards after the generator is up and running. Director Hurlburt said this is not a conditional use permit where we can impose conditions. She said if they meet the site plan amendment requirements, the City is obligated to approve the request. Approved Planning Commission Minutes May 18, 2005 Page 6 Mr. Zima said there is a wetland area at the bottom of the ridge and asked if any wetland protection had been considered because of the installation of diesel fuel. Mr. Goldstein said the Fire Department should be told that regardless of how close a fire hydrant is, water does not put out burning diesel. Director Hurlburt said the extinguishing system within the system would be designed to extinguish diesel fuel. MOTION by Commission Weir, seconded by Commissioner Anderson, recommending approval of the request by Energy Alternatives for a site plan amendment to install a backup generator and associated improvements at the Super Target store located at 4175 Vinewood Lane North, including the MOTION to amend Number 6 of the approving resolution. Commissioner Clyman said the location of the fuel is not favorable to the homeowners. He said other locations would not be favorable either with Target customers or deliveries. He said the proposed site could be the best location. He said he would like to see a fence around the entire structure. Roll Call Vote. 7 Ayes. MOTION approved. C. CLINTON ASCHE (2005029) Chair Larson introduced the request by Clinton Asche for variances to lot width, lot area, and impervious surface area coverage and a minor subdivision to create two lots on property located at 16820 -12th Avenue North. Planner Doty gave an overview of the May 9, 2005 staff report. Chair Larson introduced Clinton Asche, 18005 -20th Avenue North. Mr. Asche said he is asking for this variance so he can provide another family a nice home. He said the lot area is less, but it would be an advantage to someone who wants a smaller lot. He said the building coverage area meets what is in the Zoning Ordinance. He said in regards to the impervious surface, the previous owner ran an extra stretch of blacktop. He said that could be resolved with a different surface area. He said he proposes an affordable home. He said this would allow a larger family to have the same privilege as he. Commissioner Wilson asked if this would be sold at a lower price or as part of an affordable housing project. Mr. Asche said they are working with Interfaith Outreach, however it would be sold at fair market value. Chair Larson introduced Robert Meyers, 16830 -12th Avenue North. Approved Planning Commission Minutes May 18, 2005 Page 7 Mr. Meyers said he submitted a petition of residents within 200 feet of the property. He said his main objection is the size of the lot. He said 12,000 square feet is a small lot. He said he lives west of the proposed site and his lot size is 24,000 square feet. He said he also has concerns with the sensitive nature of Gleason Lake and the effect of the impervious surface coverage. He said the lot to the south already has a house and garage. He said he would like to maintain the character of the neighborhood. Commissioner Wilson said she does not support the request because she doesn't see a hardship. Commissioner Anderson asked if the four lots to the east were ever subdivided. Planner Doty said there was a lot division at some point. He said it was at least 10-15 years ago. Commissioner Holmes said he is in support of a subdivision of this nature, but does not support the impervious surface request. He said he could see approving the request if the impervious surface could be addressed with removing some of the driveway and putting down sod. Mr. Asche said he has a child that he is trying to build a house for so it would remain in his family. Chair Larson said the 7 standards for variance are not being met. Commissioner Clyman said it would be appropriate to subdivide for affordable housing reasons, but it doesn't meet the variance standards. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to deny the request by Clinton Asche for variances to lot width, lot area, and impervious surface area coverage and a minor subdivision to create two lots on property located at 16820 -12th Avenue North. Roll Call Vote. 6 Ayes. Commissioner Holmes voted Nay. MOTION approved. D. DEREK ASCHE (2005030) Chair Larson introduced the request by Derek Asche for variances to lot width and lot area, and a minor subdivision to create two lots on property located at 805 County Road 101. Planner Doty gave an overview of the May 9, 2005 staff report. Planner Doty said he received a call from Clyde Waller, 17610 -8th Avenue North, who was unable to attend the meeting. He voiced concerns of an existing drainage problem and also wants to maintain the large lot neighborhood. Commissioner Clyman asked what the lot widths are. Planner Doty said Parcel A would be 98.53 feet and Parcel B would be 131.07 feet. Commissioner Clyman asked what the side dimension would be on Parcel B along County Road 101. Planner Doty said it is 139.89 feet. Chair Larson introduced Derek Asche, 805 County Road 101. Approved Planning Commission Minutes May 18, 2005 Page 8 Mr. Asche said his intentions for the property are not reflected in the Zoning Ordinance. He said if he is allowed to subdivide the property, he would build a new modest home on the newly created lot. He said the proposed home on Parcel A meets the required setbacks. He said the water drains toward the street and the current drainage wouldn't change. He said the intentions with the existing house is to provide affordable housing. He said his request isn't purely financial. He said he would be providing affordable housing which is a positive influence in the community. Commissioner Wilson said if the goal is to build affordable homes, why not pursue the help and support of any of the affordable housing advocate groups. Mr. Asche said it wasn't his intention to subdivide the property when he purchased it. He said his goal is to remodel the existing home. Commissioner Clyman asked if the applicant intends to occupy the existing home on Parcel B. Mr. Asche said he is unsure if he would reside in either of the homes. Chair Larson introduced Rory Nelson, 825 County Road 101 North. Mr. Nelson said this request is strictly for profit. He said he already has a drainage problem and has had water damage. He said this will not maintain the character of the neighborhood. Chair Larson introduced Paul Yung, 17605 -10th Avenue North. Mr. Yung said he agrees with Mr. Nelson. He said he objects to the variance request. Chair Larson introduced Tom Dierks, 17615 -10th Avenue North. Mr. Dierks said he opposes the request because it doesn't meet the variance standards. Chair Larson introduced Benjamin Johnson, 17600 -8th Avenue North. Mr. Johnson said he opposes the variance request for the same reasons previously mentioned. Chair Larson introduced Ron Goltz, 17615 -8th Avenue North. Mr. Goltz said the neighboring homes are all set back. He said this will cheapen the neighborhood. Commissioner Wilson said she does not support the request because it doesn't meet the variance standards. Commissioners Murdock and Holmes concurred. Approved Planning Commission Minutes May 18, 2005 Page 9 MOTION by Commissioner Weir, seconded by Commissioner Wilson, to deny the request by Derek Asche for variances to lot width, lot area, and a minor subdivision to create two lots on property located at 805 County Road 101. Roll Call Vote. 7 Ayes.. MOTION approved unanimously. E. MARK WARREN (2005043) Chair Larson introduced the request by Mark Warren for a variance to allow a detached garage in a front yard for property at 200 Vicksburg Lane North. Planner Doty gave an overview of the May 9, 2005 staff report. Commissioner Anderson asked if with Option 3, the attached garage could be flush with the house. Planner Doty said that would be another option. Commissioner Weir asked if the owner would have to pay the assessment for 2nd Avenue regardless if the garage was attached or detached. Planner Doty said because of the timing, the recommendation would be to pay the assessment with the variance. Asst. City Engineer Beckwith said those houses with driveways that access 2nd Avenue would be assessed. He said right now he would not be assessed. He said a curb cut would be required after the road is installed. Director Hurlburt said if they build a garage to access 2nd Avenue without a variance, based on the timing, they wouldn't be assessed. She said it would be possible to go back and hold the property responsible. Commissioner Holmes said the property would get assessed from Vicksburg Lane or 2nd Avenue at some point. He asked if it would be an advantage to do it now. Asst. City Engineer Beckwith answered affirmatively. Commissioner Holmes asked if the variance would be required if the garage was attached. Director Hurlburt answered no, as long as the setbacks are met. Chair Larson introduced Mark Warren, 200 Vicksburg Lane. Mr. Warren said he will pay his fair share of the street assessments. He said he feels there is a safety issue on Vicksburg Lane. He said there is an egress window and A/C unit that would be affected by going with Option 3. He said it would be irresponsible to invest that money in all the additional costs. He said the norm in the neighborhood is detached garages. He said his motive is having a safe entrance and exit from the property. Chair Larson introduced Allen Rud, 15810 -2nd Avenue North. Mr. Rud said he lives in the home next to the applicant. He said Options 2 and 3 would affect his view from his bedroom windows. He said Option 1 would be the best location for the garage. He said he would no longer have the separation that he has now if the variance is granted. Approved Planning Commission Minutes May 18, 2005 Page 10 Mr. Warren said an attached garage would still affect his neighbor's view. He said he could also build a fence. He said Option 1 is not a safe option. Commissioner Clyman asked if Option 3 met the setback requirements. Planner Doty said Option 3 shows what would be considered an attached garage and would meet the setback requirements. Mr. Warren said the garage would actually have to be set in to meet the setbacks which would then affect the A/C unit and bedroom windows. Commissioner Wilson asked where the discrepancy is with the setbacks. Mr. Warren said the survey is old and the numbers are not accurate. Commissioner Holmes said it is not the Commission's job to workshop with the applicant. Director Hurlburt said the options were given to show that this is not the minimum action required. Commissioner Anderson said she is going to vote no on this variance because the options presented are good. Commissioner Murdock concurred. Chair Larson said she will also be voting to deny the request as there are other options and this is not the minimum action required. Commissioner Holmes concurred. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to deny the request by Mark Warren for a variance to allow a detached garage in a front yard for property at 200 Vicksburg Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. F. DISCUSSION ON COMPREHENSIVE PLAN UPDATE Director Hurlburt said we could schedule a special meeting for the Comprehensive Plan Update discussion due to the late hour and the time needed for the discussion. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to schedule a special meeting for discussion of the Comprehensive Plan Update for June 25, 2005. Commissioners Weir and Holmes withdrew their MOTION. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to schedule a special meeting for discussion of the Comprehensive Plan Update on June 1, 2005 at 6:00 p.m. Vote. 7 Ayes. MOTION approved. 7. ADJOURNMENT MOTION by Chair Larson, with no objection, to adjourn the meeting at 9:50 p.m.