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.
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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.
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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
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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
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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.
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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.
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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.