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HomeMy WebLinkAboutPlanning Commission Minutes 03-06-2002Approved Minutes City of Plymouth Planning Commission Meeting March 6, 2002 MEMBERS PRESENT: Acting Chairman Karl Neset, Commissioners Peggy Larson, Jason Rohloff, Kendall Griffith, James Holmes, and David Gaither MEMBERS ABSENT: Chairman Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Planner Rebecca Stoen, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER - 7:00 P.M. 2. PUBLIC FORUM 3. APPROVAL OF AGENDA MOTION by Commissioner Holmes, seconded by Commissioner Larson, to approve the March 6, 2002 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 4. APPROVAL OF MINUTES MOTION by Commissioner Gaither, seconded by Commissioner Larson, to approve the February 20, 2002 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. FEC CONSTRUCTION (2001154) Acting Chairman Neset introduced the request by FEC Construction for variances to encroach 7.8 feet into the 25 -foot rear yard setback and allow an impervious surface coverage of 39.3 percent to construct an addition at 14715-11thAvenue North. MOTION by Commissioner Gaither, seconded by Commissioner Larson, to approve the request by FEC Construction for variances to encroach 7.8 feet into the 25 -foot rear yard setback and allow an impervious surface coverage of 39.3 percent to construct an addition at 14715-11thAvenue North. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes March 6, 2002 Page 2 6. PUBLIC HEARINGS A. ORRIN THOMPSON HOMES, INC. (2001114) Acting Chairman Neset introduced the request by Orrin Thompson Homes for rezoning from FRD (Future Restricted Development) to RMF -2 (Multiple Family Dwelling District 2), a preliminary plat, site plan and variance for 196 townhome units, known as "Timber Creek Crossing", on the 36.45 acre parcel located north and west of the Canadian Pacific Railroad and north of future Schmidt Lake Road. Acting Chairman Neset stated the item would be continued to the March 20, 2002 Planning Commission meeting to allow the applicant additional time to work with Staff on revisions to their plans. B. TOMCAR, LLC. (2002004) Acting Chairman Neset introduced the request by Tomcar, LLC for a preliminary plat to subdivide 1.4 acres into three single-family lots known as "Jordans Ridge" for property located at 3785 Black Oaks Lane. Planner Stoen gave an overview of the February 25, 2002 staff report. Commissioner Larson asked about the grading issues and if this had been worked out with the neighboring properties. Planner Stoen stated the Engineering Staff had concluded the draining issues were addressed and wouldn't pose a problem. Acting Chairman Neset introduced Tom Gonyea of Tomcar LLC. Mr. Gonyea stated they had met with the homeowners association of the neighboring property and agreed to install a pipe that would dry out that area. Mr. Gonyea stated he concurred with the staff report and conditions. Acting Chairman Neset opened the Public Hearing. Acting Chairman Neset introduced John Walker, 3755 Archer Lane. Mr. Walker stated he is in favor of the lower density, stating three lots are better than four lots. Mr. Walker stated he is the neighbor that may be affected the most by the drainage issues. Mr. Walker stated concerns with the plans to install a pipe for drainage and if that would be effective. He stated that the Staff s explanation of the tree preservation plan satisfies any concerns he had with tree loss. Approved Planning Commission Minutes March 6, 2002 Page 3 Acting Chairman Neset closed the Public Hearing. Acting Chairman Neset asked staff to address the drainage issues. Planning Manager Senness stated the problem is the area is fairly flat and gets soggy, as the water doesn't drain. She stated the proposal is for two catch basins and a small change in elevation to aid in the drainage. Planning Manager Senness stated the Engineering Staff felt there was a good possibility that this action would correct the current drainage issues. She stated the grade changes, to solve the problem, would be minor. Commissioner Rohloff asked if staff could address item 7 of the resolution regarding Park Dedication fees. Director Hurlburt stated State Law authorizes cities to subdivide land and collect fees for improvements. She stated the Comprehensive Plan established how much park land the City needs, which is then converted to the amount of Park Dedication fees that are collected. Director Hurlburt stated when the City does not need the land for park, fees are collected instead and are used to buy additional and improve existing park land. She stated the fee is adjusted based on land value. MOTION by Commissioner Larson, seconded by Commissioner Gaither to approve the request by Tomcar, LLC for a preliminary plat to subdivide 1.4 acres into three single- family lots known as "Jordans Ridge" for property located at 3785 Black Oaks Lane. Roll Call Vote. 6 Ayes. MOTION approved. C. IVORIES WATERGARDEN INC. (2002010) Acting Chairman Neset introduced the request by Ivories Watergarden Inc. for a zoning ordinance text amendment to add restaurants as a conditional use in the B -C (Business Campus) District and a conditional use permit for a restaurant at 605 State Highway 169 North. Planner Stoen gave an overview of the February 26, 2002 staff report. Planner Stoen noted that the applicant, Ivories Watergarden, Inc., has decided to lease another space. However, as the property management company wants to move forward with leasing the space to another restaurant, they are requesting the text amendment and conditional use permit be approved at this time. Commissioner Neset asked who the applicant is. Planner Stoen stated United Properties is the applicant. Approved Planning Commission Minutes March 6, 2002 Page 4 Commissioner Larson asked for an explanation of the two requests, the conditional use permit and the text amendment. Planner Stoen explained the text amendment allows for the three separate uses. A business could apply for just the restaurant conditional use permit or they could also apply for the on -sale liquor and/or the live entertainment conditional use permits. Director Hurlburt stated that the text amendment is a prerequisite to the conditional use permit. The use is currently not allowed under the ordinance; however the text amendment would allow the proposed use with a conditional use permit. The conditional use permit would apply to a specific location. Commissioner Larson asked if this was for this specific restaurant. Director Hurlburt replied that the text amendment was general and would apply to the whole city. The conditional use permit is specific to this location and not tied to a specific restaurant. Acting Chairman Neset introduced Stephanie Meyer of United Properties, representing the applicant. Ms. Meyer stated she concurs with the staff report and findings. She also stated that United Properties lost Ivories Watergarden because they could not obtain the conditional use permit within the restaurant's required time frame. She indicated that in order to avoid repeating that problem in the future, United Properties wants to move forward with the conditional use permit request so they have it in place when they are seeking another restaurant for the space formerly occupied by Ivories. Acting Chairman Neset opened and closed the public hearing, as no one was present to speak on the item. MOTION by Commissioner Gaither seconded by Commissioner Rohloff to approve the request by Ivories Watergarden Inc. for a zoning ordinance text amendment and related findings of fact to add restaurants as a conditional use in the B -C (Business Campus) District. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Gaither seconded by Commissioner Larson to approve the request by Ivories Watergarden Inc. for a conditional use permit for a restaurant at 605 State Highway 169 North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7. NEW BUSINESS 8. ADJOURNMENT Approved Planning Commission Minutes March 6, 2002 Page 5 MOTION by Commissioner Larson, seconded by Commissioner Gaither, to adjourn. Vote. 6 Ayes. MOTION approved. The meeting adjourned at 7:35 p.m.