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HomeMy WebLinkAboutPlanning Commission Minutes 05-02-2001Approved Minutes City of Plymouth Planning Commission Meeting May 2, 2001 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Peggy Larson, Roger Berkowitz, David Gaither, Kapila Bobra, Sarah Reinhardt, and Karl Neset MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb Senness, Senior Planners Shawn Drill and Marie Darling, Planner Rebecca Stoen, and Office Services Supervisor Denise Hutt 1 CALL TO ORDER 2 PUBLIC FORUM 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to approve the April 18, 2001 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA A BRAD AND TASHA COATS (2001025) Item 5A was removed from the consent agenda at the request of Kelvin Retterath, 2618 Grove Lane, Mound, MN. Mr. Retterath stated that he is the applicant for Item 7B on this Planning Commission agenda. He asked why this variance application is being recommended for approval and his variance application is being recommended for denial. Chairman Stulberg introduced the request by Brad and Tasha Costs for a variance to allow 33.8 percent impervious surface coverage for a swimming pool, spa, and related patio for property located at 1820 Peony Lane North. Senior Planner Drill gave an overview of the April 24, 2001 staff report. Mr. Retterath said his concerns were addressed by the staff presentation, and he had no further questions. Approved Planning Commission Minutes May 2, 2001 Page #2 MOTION by Commissioner Reinhardt, seconded by Commissioner Gaither recommending approval of a variance for Brad and Tasha Coats for impervious surface coverage for property at 1820 Peony Lane North. Vote. 7 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS A BEGIN OAKS GOLF (200127) Chairman Stulberg introduced the request by Begin Oaks Golf for rezoning from FRD (Future Restricted Development) to P -I (Public/Institutional) for roughly 70 acres of land located at 5625 Yucca Lane North. Senior Planner Drill gave an overview of the April 24, 2001 staff report. Commissioner Bobra questioned the difference between 3.2 beer and other beer. Senior Planner Drill replied that 3.2 has a lower alcoholic content than strong beer. Chairman Stulberg commented that 3.2 beer is what is allowed to be sold in convenience stores. Chairman Stulberg asked if the zoning change should be made to coordinate the zoning with the comprehensive plan designation. Senior Planner Drill replied affirmatively, and added that approval of the rezoning request doesn't approve the liquor license. The liquor license is a separate action requiring consideration by the City Council. Chairman Stulberg introduced Judy Begin, the applicant. Ms. Begin stated that she concurs with the conditions listed in the resolution and is available for questions. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Aleks Przhelyaskovskiy of 5705 Annapolis Lane. Mr. Przhelyaskovskiy asked if anything would be done to prevent stray golf balls from hitting adjacent properties. Chairman Stulberg closed the public hearing. Ms. Begin stated that golfers are responsible for their playing and their actions. The golf course is not responsible for errant golf balls. She said that the golf course has provided substantial netting and adequate trees and landscaping have been planted. Senior Planner Drill stated that staff considered the layout when the course went through the approval process. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the city code to classify roughly 70 acres of land located at 5625 Yucca Lane North. Approved Planning Commission Minutes May 2, 2001 Page #3 Chairman Stulberg stated that there was a lengthy discussion pertaining to who is responsible for errant golf balls when the golf course and driving range came forth for approval. He noted that this action of rezoning is unrelated to the issue of golf balls. Roll Call Vote. 7 Ayes. MOTION approved unanimously. 7 NEW BUSINESS A PLYMOUTH CIVIC LEAGUE/CITY OF PLYMOUTH (20126) Chairman Stulberg introduced the request by the Plymouth Civic League and the City of Plymouth for consideration of an Environmental Assessment Worksheet (EAW) for a permanent state for the performing arts located north of City Hall in Plymouth Creek Park. Senior Planner Darling gave an overview of the April 24, 2001 staff report. Commissioner Bobra stated that parking and traffic has always a problem for the Music in Plymouth event. She asked if the issue of parking and traffic has been addressed, and stated that perhaps more research is needed for alternative parking and traffic for such event. Senior Planner Darling stated that information is provided in the traffic study portion of the EAW. The smaller events on weekday evenings would not produce a parking demand larger than what is available now on the streets and adjacent lots. Music in Plymouth is the event that receives the most traffic and parking problems. The City will continue to use City parking lots, along with parking facilities at Life Time Fitness, and shuttles from West Lutheran High School and Plymouth Creek Elementary School. She stated that no additional parking is proposed with this project. Commissioner Bobra asked if any thought has been given to building a public toilet facility for the area. Senior Planner Darling replied that there is a toilet facility proposed for performers' use inside the structure. There have been discussions about the possibility of separate toilet facilities within the area, but it isn't part of the project at this time. Commissioner Gaither asked how many events are scheduled for this facility within the next 12 months. Senior Planner Darling estimated 18 events. Commissioner Gaither asked about the projected average attendance for other events versus attendance for the Music in Plymouth event. Senior Planner Darling replied that most events will have an attendance of less than 500 for weekday events and 1,500 for weekend events. She said that the one -day, Music in Plymouth festival has an estimated audience of 10,000 to 12,000. Commissioner Berkowitz said that the parking problems that have been encountered over the last five years seem to be easing up, as it is easier to get in and out of the area for the Music in Approved Planning Commission Minutes May 2, 2001 Page #4 Plymouth event. He stated that staff should continue to come up with ideas for using alternative parking areas for the event. MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra to accept the Environment Assessment Worksheet (EAW) for a permanent stage for the performing arts located on a .75 acre portion of Plymouth Creek Park located northeast of City Hall with no need for an Environmental Impact Statement. Vote. 7 Ayes. MOTION approved unanimously. B FORMATION ARCHITECTS (2001032) Chairman Stulberg introduced the request by Formation Architects for a variance to exceed 25 percent impervious surface coverage for a 639 square foot addition at 16900 41st Avenue North. Planner Stoen gave an overview of the April 24, 2001 staff report. Commissioner Berkowitz asked what the percentage of impervious surface would be if the room addition had already been in place and they were just asking for the pool and deck. Planner Stoen said by subtracting 964 square feet from the brick area surrounding the pool and 652 square feet for the pool would bring the impervious coverage down to 26 percent. Currently, the property is at 26.2 percent impervious coverage. Commissioner Reinhardt questioned how this property got to be 26.2 percent since the 25 percent impervious surface regulation has been in affect for awhile. Planner Stoen replied that the pool permit was taken out toward the end of construction of the home. Planning Manager Senness stated that the building permit was issued before the time that Planning staff was checking permits to ensure they comply with the setbacks and impervious surface coverage. Director Hurlburt noted that sometimes it happens innocently and without mistakes by for example, a homeowner adding sidewalks that do not require permits from the City. Chairman Stulberg asked if there was anything noted on the permit pertaining to the decking portion of the pool that is in within the utility easement. Planner Stoen responded that she couldn't find anything noted on the permit. Commissioner Berkowitz asked how a brick patio functions versus concrete when it comes to impervious surface coverage. Director Hurlburt commented that bricks do have a small gap between them, but that the data has not been provided to prove it is any better and the ordinance doesn't distinguish between types of coverings, only that a surface is either covered or not. Commissioner Reinhardt asked what is downstream from this parcel and where does the water drain to. Director Hurlburt replied that the water crosses Fernbrook Lane and eventually drains into Medicine Lake. Chairman Stulberg introduced Kelvin Retterath, representing the petitioner. Mr. Retterath stated that the request meets variance standards #1 and #2, as the City has a 25 -foot wide drainage Approved Planning Commission Minutes May 2, 2001 Page #5 easement on the property, which has a great impact on this property. He stated that the property owner has no control over the easement, but rather it is dictated by the City's Engineering Department. Mr. Retterath stated that the variance for Brad Coats that the Commission recommended approval of earlier was not a self-created hardship. He added that if the addition existed today, and they were requesting a variance for the pool, it would bring the impervious surface coverage total down to 21 percent. Mr. Retterath stated that the pool is acting for the greater good by functioning as a form of short-term storm water retention. The pool has a minimal impact and drains into an existing storm water system. He stated that the square footage of the pool area and the addition have virtually the same square footage and erase each other out in the applicant's favor. Mr. Retterath stated that with the Coats' application, they are proposing a french drain system, which he was told by City staff is illegal. Planning Manager Senness said that a french drain system is not illegal that she is aware of. Mr. Retterath said that variance procedure was recommended by City staff as being the most cost effective over a raised paver system. Chairman Stulberg asked if there is any data to support the paver system. Mr. Retterath stated that he believes the data exists. Chairman Stulberg questioned if the 964 square feet in the staff report is the same area as the 946 square feet in the applicant's narrative. Mr. Retterath answered affirmatively and said the difference is due to the difference between his calculations and the survey. Planner Stoen stated that if the brick area and pool square footage is deducted, the impervious surface coverage would be at 22 percent, but simply deducting the pool square footage, the impervious surface coverage would be at 26 percent. Mr. Retterath commented that if the addition existed already and they were requesting a variance for the pool and deck area, it would be less of a percentage than what was requested with the Coats' variance. Commissioner Reinhardt stated that granting a variance doesn't set a precedence. Chairman Stulberg introduced Matthew Haughey of 16900 41st Avenue North. Mr. Haughey stated that he had no idea that they are currently over the 25 percent impervious surface coverage. Mr. Haughey stated that the addition would have no affect on Plymouth Creek whatsoever. He said that approximately 1/5 of his property is not usable because of the back elevation that goes up 15 feet and then drops off to a trail by Plymouth Creek. Chairman Stulberg asked if the drainage easement was there when Mr. Haughey bought the property and if he was aware of it. Mr. Haughey replied affirmatively and stated that he understood that he can't build within an easement. Commissioner Reinhardt asked if the pond is adequate to catch the runoff. Planner Stoen said that the runoff could be adequately managed through the existing pond. The main reason for staffs denial was no hardship exists and the lot is not unique. Approved Planning Commission Minutes May 2, 2001 Page #6 Commissioner Berkowitz stated that the 25 percent is a prescribed figure that is not dependent on a treatment pond. Director Hurlburt noted that the impervious surface coverage requirement predates the requirement of treatment ponds. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval of a variance for 28.98 percent impervious surface coverage in the Shoreland Management Overlay District for an addition for Formation Architects, Inc. on property located at 16900 41st Avenue North. Chairman Stulberg stated that his motion is based on the fact that the variance request has met all conditions. He said that the pool is an effective way to store runoff and the addition will make very little difference in the runoff. The property does contain an easement, even though it was there when the applicant purchased the property. Chairman Stulberg stated that staff addressed the request correctly. Commissioner Berkowitz concurred and stated that the 25 percent is trying to be a one size fits all for each lake and stream and he is not comfortable applying that with a hard line without taking in other considerations. He said that there are various levels of impervious coverage. Commissioner Reinhardt said that she will support the motion, but reluctantly because of drainage into Medicine Lake. Each variance that is granted overall leads to more water quality issues. Commissioner Bobra stated that the 25 percent is just a number and that there should be flexibility to accommodate the homeowners. Chairman Stulberg commented that the 25 percent specified in the Zoning Ordinance is a hard and fast rule and why we have the variance option available. He stated that this variance proposal is significantly different than the Coats' proposal. The Coats' proposed system will not drain to a water body protected under the Shoreland Ordinance, but rather away from it. Commissioners Reinhardt and Gaither concurred. Vote. 7 Ayes. MOTION approved unanimously. Director Hurlburt stated that the Commission received a draft of notice that will be mailed to property owners outside the urban service area for the Elm Creek Interceptor. Public comment is slated for June or July with construction taking place next year. The Metropolitan Council will be sponsoring the public meeting on May 30. Commissioner Reinhardt asked if the City has any involvement pertaining to approvals for the project. Director Hurlburt stated that the City looks at land use and the impact of the proposed interceptor on the City. She stated that the City does have some influence on the location, but the Metropolitan Council will acquire the easements and own and build it. Commissioner Berkowitz asked if the City issues any permits for this. Director Hurlburt said no. There will be an environmental review that the City can comment on. Approved Planning Commission Minutes May 2, 2001 Page #7 Chairman Stulberg stated that he won't be at the May 16, 2001 Planning Commission Meeting. MOTION by Commissioner Berkowitz, seconded by Commissioner Gaither to adjourn. Vote. 7 Ayes. MOTION approved unanimously. The meeting adjourned at 8:37 p.m.