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HomeMy WebLinkAboutPlanning Commission Minutes 06-06-2001Approved Minutes City of Plymouth Planning Commission Meeting June 6, 2001 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Roger Berkowitz, Peggy Larson, David Gaither, Kapila Bobra, Sarah Reinhardt, and Karl Neset MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planners Marie Darling and Shawn Drill, Planner Rebecca Stoen, Associate Planner Josh Doty, Assistant City Engineer Ron Quanbeck, and Office Services Supervisor Denise Hutt 1 CALL TO ORDER 2 PUBLIC FORUM 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES MOTION by Commissioner Gaither, seconded by Commissioner Bobra to approve the May 16, 2001 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA A DEAN AND LINDA NELSON (2001041) MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt recommending approval of variances for redevelopment of an undersized lot to allow construction of a new single family home at 2356 Ives Lane North. Vote. 7 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS A TOWN AND COUNTRY HOMES (20182/2001023) Chairman Stulberg introduced the request by Town and Country Homes for rezoning from FRD Future Restricted Development) to RMF -2 (Multiple Family 2), preliminary plat and site plan for 166 townhome units on 40.44 acres located east of Peony Lane and north of the Canadian Pacific Railroad. Approved Planning Commission Minutes June 6, 2001 Page #2 Senior Planner Darling gave an overview of the May 31, 2001 staff report. Senior Planner Darling stated that the applicant will provide another sidewalk on the north side of "Street A". Chairman Stulberg stated that the sidewalks on Holly Lane and "Street A" aren't noted in the resolution. Senior Planner Darling replied the preliminary plat resolution will require the Homeowners Association documents to acknowledge that they are responsible for the maintenance of the sidewalks. Chairman Stulberg questioned that the additional plantings are not in the resolutions. Senior Planner Darling stated that the landscaping plan complies with the ordinance. Commissioner Reinhardt questioned what is included in Outlot A. Senior Planner Darling stated that the northern third of the property is outside the MUSA, including all of Outlot A and some of the open space lot and; therefore, not included in the rezoning application. Commissioner Reinhardt asked how much is left. Senior Planner Darling explained that the site is 40.04 acres with 27.67 acres being rezoned. Director Hurlburt said that no development can occur on the property outside the MUSA, as it will be for the homeowners association open space. Commissioner Gaither asked if the easement issue is resolved with the Plymouth Gun club. Senior Planner Darling said that it would be better for the applicant to address that question. Chairman Stulberg introduced Art Plante, President of Town and Country Homes. Mr. Plante stated that he concurs with the findings and recommendations in the staff report. He said that their original proposal was for 200 homes, which has now been reduced to 166 townhomes. Mr. Plante indicated that they will provide privacy screening of the parking on the private drives, stub water mains for future connections on the east side, provide decorative lighting standards, provide three additional 3 1/2 inch caliper trees and provide access to the Plymouth Gun Club and the neighboring homes during the construction process. Mr. Plante stated that they have offices in Illinois, Minnesota and Florida and that they are a developer and home builder, which allows them control over the entire process. They have recently completed Holly Creek Village in Plymouth and will be building over 300 homes in the Minneapolis area this year. Mr. Plante stated that 7.4 acres for Outlot A will be dedicated to the City. They will provide sidewalks on the east side of Holly Lane along "Street "A". They are clearing about 25 percent of the trees on the site. They will construct Schmidt Lake Road during the development process. Guest parking has been added. There are 14 acres of common space. Mr. Plante stated that 96 homes will be designed from their Homestead Collection (12 structures with 8 units per building) with a price range of $149,000 to $158,000. Their Premier Collection will be used for 70 homes 14 buildings with 4 and 6 units per building) with a price range of $157,000 to $184,000. They will range in size from 1,442 square feet to 1,776 square feet. All will have lookout or walkout basements. Mr. Plante said that their proposal will provide life -cycle housing, but there are a number of barriers to providing affordable housing. There is limited land available and land costs have risen dramatically. There is a lot of competition for available land. The densities allowed Approved Planning Commission Minutes June 6, 2001 Page #3 impact housing costs. Costs have risen for infrastructure, labor and construction. He stated that the physical characteristics of a site can also impact the price. Mr. Plante stated that their project will attract a number of customers that can afford a variety of their products. Mr. Plante said that their plan maximizes the amount of trees saved. Concerning Commissioner Gaither's questions pertaining to the Plymouth Gun Club, Mr. Plante said that they have reached an agreement for the easement. Chairman Stulberg introduced Merrill Paulson, property owner. Mr. Paulson stated that an agreement has been worked out the Plymouth Gun Club. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Robert Jurmu of 4955 Holly Lane North. Mr. Jurmu questioned where the guest parking is about since he doesn't remember seeing it on the previous plans. He suggested that staff take another look at the trees being saved, as some are scrub trees. Chairman Stulberg introduced Tom Kotarski, President of the Plymouth Gun Club. Mr. Kotarski stated that new residents in the proposed development are not going to want the Plymouth Gun Club as neighbors. He suggested that there be some sort of berm or sound barrier from Holly Lane on the northern edge of the site. He said that they will turn over the easement at the time Holly Lane enters their property. Mr. Kotarski stated that all future homeowners should be made aware of the Plymouth Gun Club existence. Chairman Stulberg introduced Jim Sable of 4710 Harbor Lane. Mr. Sable said that future homebuyers need to be given disclosure information on the Plymouth Gun Club and referenced the sign located on the Len Busch Roses property as an appropriate disclosure. He said that more detailed information needs to be given to future homebuyers about the Plymouth Gun Club. Chairman Stulberg introduced Julie Bertheuson 17195 49th Avenue North #A. Ms. Bertheuson stated that she is concerned with the loss of trees, number of townhome units and the amount of traffic that will be generated. She said that she would like the large trees to be kept to block the sight the development. Chairman Stulberg introduced Tov Rezabek of 17420 49th Avenue North. Mr. Rezabek asked if the timing of the stop light at the intersection of Peony Lane and Schmidt Lake Road could be moved up. He asked if construction traffic could be routed up Holly Lane during school hours. Mr. Rezabek said that he approves of the proposed development, but the City has to take into account safety issues. Chairman Stulberg closed the public hearing. Approved Planning Commission Minutes June 6, 2001 Page #4 Mr. Plante stated that guest parking will be provided at the end of the private drives around the southeast and north end of the site with the Homestead Collection product. A sound barrier would require a significant amount of trees along that property line. He stated that the trees would provide a better natural solution to noise. Mr. Plante stated that he would be happy to work with the Plymouth Gun Club for better disclosure to future homebuyers. The disclosure form will be included in the closing documents. Mr. Plante said that the Schmidt Lake Road extension will be used for traffic construction. Assistant City Engineer Quanbeck said that staff prefers construction traffic use Schmidt Lake Road, as the north end of Holly Lane is gravel and won't hold up. He stated that the traffic light for Peony Lane and Schmidt Lake Road will receive strong consideration for the Capital Improvements Program which staff is currently working on. Director Hurlburt commented that the bridge across the railroad tracks is scheduled for 2003, to coincide with development for the area. She said that that the traffic signal would likely go in at the same time. Assistant City Engineer Quanbeck stated that the Holly Lane connection will be removed after Schmidt Lake Road is completed. He stated that there will be more pressure on the Holly Lane/Schmidt Lake Road which will have to be monitored. Senior Planner Darling explained the tree preservation plan, stating that up to 50 percent of the trees can be removed for residential development. The applicant will be saving 74 percent of the trees on the site. The trees between Connor Meadows and this project will be removed for the extension of Schmidt Lake Road. Director Hurlburt stated that the tree preservation plan is verified before funds are released from the site improvement performance agreement. Commissioner Bobra asked what the Plymouth Gun Club is all about. Mr. Sable stated that members shoot clay targets a few days/evenings a week. There are other organizations that use their site for bird watching, nature walks and running clubs. They do have rules regarding the type of ammunition that is used. He said that gun clubs are exempt from Minnesota Pollution Control Agency noise standards. Commissioner Gaither questioned if the club is prohibited from discharging a firearm within 500 feet of a residential area according to Minnesota State Law. Mr. Sable replied that he believes it is 200 feet for hunting purposes. Commissioner Larson said that her husband is a member of the Gun Club and she will abstain from voting. Commissioner Gaither stated that he lives near the Plymouth Gun Club and doesn't mind the noise, but there needs to be disclosure to the prospective homebuyers. He said that the Plymouth Gun Club is an asset to the community. Chairman Stulberg said that perhaps an amendment should be made to the site plan resolution requiring disclosure in all selling materials and closing documents. Approved Planning Commission Minutes June 6, 2001 Page #5 Mr. Plante stated that they will take note of all issues raised. If we have other issues we will research those. Chairman Stulberg asked the applicant what they will do if the residential structures have to be further away because of the Gun Club. Mr. Plante stated that if they have to move further to comply with the law, they will abide. MOTION by Reinhardt, seconded by Commissioner Berkowitz recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land and findings of fact for rezoning of property located east of Peony Lane and north of the Canadian Pacific Railroad. Roll Call Vote. 6 Ayes. MOTION approved on a 6-0 vote. (Commissioner Larson abstained.) MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a preliminary plat for Town and County Homes, Inc. for Harvest Hills located east of Peony Lane and north of the Canadian Pacific Railroad. Roll Call Vote. 6 Ayes. MOTION approved on a 6-0 Vote. (Commissioner Larson abstained.) MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a site plan for Town and Country Homes, Inc. for a 166 -unit townhouse development located at of Peony Lane and north of the Canadian Pacific Railroad. MOTION to Amend by Commissioner Gaither, seconded by Commissioner Reinhardt to include specific language for marketing materials to prospective homebuyers and also signage on the site regarding the existence of the Plymouth Gun Club. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION to Amend approved on a 6-0 Vote. (Commissioner Larson abstained.) MOTION to amend by Gaither, seconded by Commissioner Bobra requesting that available resources be addressed to see if the sound can be deadened, but it should not involve the removal of any trees. Chairman Stulberg asked if the amendment is to be prior to development or three years down the line. Commissioner Gaither replied that after all development is done to see what it going on. He said that he doesn't know if a berm is best or a change in the level of ammunition. He stated that this would be the responsibility of the homeowners association since the Plymouth Gun Club already exists. Director Hurlburt stated that a berm is not realistic as it is on a hill and the trees would be lost. A noise wall may not be effective and it is expensive and ugly and would also disrupt the trees. Director Hurlburt stated that a more reasonable approach may be something similar to the homes near the airport that received extra soundproofing. She said that staff and the applicant could look at which units might be most impacted by the noise. Mr. Plante agreed Approved Planning Commission Minutes June 6, 2001 Page #6 with Director Hurlburt's comments. He said that the most effective way to deal with the noise is to use an STC rated window and more insulation. Commissioner Gaither withdrew his MOTION to Amend, Commissioner Reinhardt concurred. Roll Call Vote on Main MOTION. 6 Ayes. Main MOTION approved on a 6-0 Vote. Commissioner Larson abstained.) B SWAN DEVELOPMENT (2001031) Chairman Stulberg introduced the request by Swan Development for rezoning, PUD general plan and preliminary plat for 95 lots and 11 outlots on 62.6 acres for property located at the northeast quadrant of Schmidt Lake Road and Vicksburg Lane. Planning Manager Senness gave an overview of the May 26, 2001 staff report. Chairman Stulberg introduced Curt Swanson, the applicant. Mr. Swanson stated that he concurs with the staff report and is available for questions. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Bobra, seconded by Commissioner Gaither recommending approval of an ordinance amending Chapter 21 of the City Code to classify certain lands located in the northeast quadrant of Schmidt Lake Road and Vicksburg Lane as PUD (Planned Unit Development) and the findings of fact for rezoning for Swan Development, LLC for property located in the northeast quadrant of Schmidt Lake Road and Vicksburg Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt recommending approval of a preliminary plat for Swan Development LLC for property located in the northeast quadrant of Schmidt Lake Road and Vicksburg Lane. Commissioner Berkowitz asked if the applicant is able to use other street names outside the City's grid naming policy. He said that he can understand their desire for something unique with the development, but can also see the City's point of view. Planning Manager Senness stated that the applicant will follow the City's street naming policy. Director Hurlburt stated that this request did receive significant staff discussion, but safety issues won out and the applicant will need to comply with the street naming policy. Roll Call Vote. 7 Ayes. MOTION approve unanimously. Approved Planning Commission Minutes June 6, 2001 Page #7 MOTION by Commissioner Bobra, seconded by Commissioner Gaither recommending approval of a PUD general plan for property located in the northeast quadrant of Schmidt Lake Road and Vicksburg Lane. RCV 7 Ayes. MOTION approved unanimously. C HOM FURNITURE (2001037) Chairman Stulberg introduced the request by HOM Furniture for the following: 1) Comprehensive plan amendment to reguide property from IP (Planned Industrial) to C Commercial); 2) rezoning from I-2 (General Industrial) to PUD (Planned Unit Development); and 3) PUD General Plan to allow conversion of the existing industrial building located at 4150 Berkshire Lane to a HOM Furniture Store and related uses. Senior Planner Drill gave an overview of the May 29, 2001 staff report. Commissioner Berkowitz asked when additional turn lanes would be installed on the I-494 ramps. Assistant City Engineer Quanbeck stated that such project is not in the current Hennepin County Capital Improvement Program. Commissioner Berkowitz stated that the City should encourage the County to improve the ramps. Commissioner Berkowitz asked if any consideration was given to the idea of shared parking with the Plymouth Collection to connect the areas for shopping convenience. Senior Planner Drill said that the idea was not considered. Chairman Stulberg introduced Terry Schneider, representing the applicant. Mr. Schneider said that he concurs with the staff report and is available for questions. Commissioner Bobra asked when they plan to open. Mr. Wayne Johansen, President of HOM Furniture stated that the earliest would be next summer. He stated that Lakeville did a traffic study on the proposed use, and they concluded that HOM Furniture is the perfect tenant if you want to avoid traffic. They don't open until after rush hour and traffic in the evening to and from the store is after rush hour. He said that about five percent of their traffic comes during rush hour. Mr. Johansen said that all changes made to the plan have been with the residents in mind. All activity will be faced toward the freeway. Commissioner Reinhardt asked how large this store would be compared to their other stores. Mr. Johansen replied that it would be the same size as their Lakeville store. Their Coon Rapids store is 350,000 square feet and is their main warehouse facility. Mr. Johansen said that it takes a lot of room to display furniture. He stated that customers want to find as much product in as short a time as possible. Mr. Johansen stated that they measure their activity by door swings. He said that during the week, they are likely to receive 100 cars per day - more on Saturday and Sundays. Chairman Stulberg asked if the applicant considered the idea of shared parking. Mr. Schneider said that shared parking was not looked at. He said that they would be supportive of the idea if it would work. Director Hurlburt commented that the traffic at the entrance to Plymouth Collection is difficult already, and shared parking could cause problems with the existing traffic patterns. Approved Planning Commission Minutes June 6, 2001 Page #8 The idea of shared parking would have to be approached with caution. Chairman Stulberg stated that there could be a conflict with the egress/ingress to the HOM Furniture property. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Paul Johnson of 4130 Dallas Lane. Mr. Johnson asked if there are any restrictions pertaining to certain hours that trucks can deliver furniture to the store. He said that customer traffic on weekends would be a concern to residents. He asked if a sign could be placed for a left -turn only coming out of the site to alleviate traffic coming into Plymouth Oaks. He asked if the relocation of the loading docks would be on the north side of the building. Chairman Stulberg closed the public hearing. Senior Planner Drill stated that there are no restrictions on delivery hours, however, the City has a noise ordinance in place. Senior Planner Drill said that a sign could be added with an arrow that states "to Rockford Road". Senior Planner Drill pointed out where the loading docks would be on the north side of the building. They are located over 300 feet from nearest residential home. Mr. Johansen said that they would not have deliveries before 8:00 a.m. They are a retail facility; not a warehouse like the Coon Rapids store. Shipments will be from their own distribution center and delivered during normal hours. Mr. Johansen stated that they would be open to any signage solutions to direct traffic back to Rockford Road. If signage is approved and found not to be effective, they would be willing to readdress the issue. He said that the two tenant spaces will be leased by businesses that will compliment their business such as a carpet or home furnishings store, or they make take one space for their own use. MOTION by Chairman Stulberg, seconded by Commissioner Gaither recommending approval of a land use guide plan amendment for HOM Furniture for property located at 4150 Berkshire Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Bobra recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located at 4150 Berkshire Lane North and to establish a planned unit development district and findings of fact for rezoning of land located at 4150 Berkshire Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Gaither recommending approval of a PUD general plan for HOM Furniture for property located at 4150 Berkshire Lane North. Commissioner Reinhardt stated that the proposal would be a nice addition to the City. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg called a recess at 9:15 p.m. and reconvened the meeting at 9:27 p.m. Approved Planning Commission Minutes June 6, 2001 Page #9 D JPI APARTMENT DEVELOPMENT, LC (2001040) Chairman Stulberg introduced the request by JPI Apartment Development for a preliminary plat, site plan, conditional use permits, interim use permit, and variances for a 301 -unit apartment development for property located North of Bass Lake Road and East of Quinwood Lane North. Senior Planner Drill gave an overview of the May 29, 2001 staff report. Chairman Stulberg introduced Brian Fritz, representing the applicant. Mr. Fritz stated that JPI is a privately held company with 12 regional offices. They are their own general contractor and management company. They build only high-end luxury apartments. Mr. Fritz stated that they typically attract people that could own a home, but want to rent as a lifestyle choice. They typically attract one -adult households or childless couples. He stated that there is a strong demand for luxury -oriented apartments in the area. Paul Bergner, architect for the project stated that the site plan was driven by the wetlands; internalizing the driveways and to position the clubhouse in a way that it can be seen from the street. There are views of open spaces and vistas from all buildings. The clubhouse contains a community room with kitchen facilities, media room, business center, management offices, fitness center, model unit, resort style pool with cabana and outdoor cooking facilities. Units have nine -foot ceilings, gas fireplaces, computer desks, bookshelves, pantry and linen closets, washer/dryer, covered balconies and range from 670 square feet to 1,470 square feet. Commissioner Berkowitz asked what the rents would be for the project. Mr. Fritz stated that it is typically $1.50 per square foot. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter from Michael Conlan, President of Gramercy Corporation and an e-mail dated June 6, 2001 from an individual residing at 6217 Magnolia Lane, Maple Grove. Chairman Stulberg introduced Stan Iverson of 6203 Magnoila Lane. Mr. Iverson stated that he met with Mr. Fritz earlier in the week and is confident that adequate screening will be provided. He stated that he is in favor of the development and that his concerns were addressed by Mr. Fritz. He said that he is concerned with traffic congestion at the entrance to the Conoco Station and that perhaps a no -left turn sign could be posted at the southernmost entrance into Conoco. Chairman Stulberg introduced Barbara Reinhardt of 13001 County Road 10. Ms. Reinhardt asked what the distance is between the two entrance points. She said that people might be bottlenecked in the development trying to get out on to Quinwood Lane. She said that there are about 1,200 cars going into the Prudential site each day. Approved Planning Commission Minutes June 6, 2001 Page #10 Chairman Stulberg introduced Earl Backer of 5855 Magnolia Lane. Mr. Backer asked about the elevation of the building along Northwest Boulevard. Chairman Stulberg closed the public hearing. Assistant City Engineer Quanbeck stated that the northernmost entrance to the property is for residents only. The applicant is required to put in a turn lane on Quinwood Lane so that traffic won't back up in the street. The gate for the southern entrance is further into the site, allowing stacking of vehicles in the roughly 300 -foot long driveway and circular turn -around. Director Hurlburt said that there are two driveways into the Conoco Station. Assistant City Engineer Quanbeck stated that Conoco's northerly driveway lines up with the southerly apartment driveway. The distance from the intersection allows for some stacking and meets the guidelines for stacking. He stated that the land use designation has changed and the amount of traffic will be less with this use. Assistant City Engineer Quanbeck commented that it wouldn't be appropriate or necessary for a "no left -turn" into Conoco. Chairman Stulberg introduced Dan Parks, of McCombs Frank Roos Associates, Inc. representing the applicant. Mr. Parks explained that people may have to wait to exit the development, but there is adequate stacking. Their entrance is roughly 200 feet from the intersection. Quinwood Lane allows for two lanes of traffic in each direction. There is also roughly 200 feet between the proposed development's two entrances. He stated that the proposed Northwest Boulevard would retain the current elevation, with a walkout design for the building along future Northwest Boulevard. He said that with the garage level below the building, it would appear as a four-story building from the rear facing future Northwest Boulevard, and as a three-story building from the front. Commissioner Berkowitz asked if Quinwood Lane is two or four lanes. Assistant City Engineer Quanbeck replied that it is presently striped for two lanes but wide enough to accommodate four lanes. Commissioner Berkowitz commented that staff should keep an eye on Quinwood Lane to see if additional striping is warranted. MOTION by Commissioner Reinhardt, seconded by Commissioner Larson recommending approval of a preliminary plat for JPI Apartment Development, LP for property located northeast of Bass Lake Road and Quinwood Lane Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a site plan, conditional use permits, interim use permit and variances for JPI Apartment Development, LP for property located northeast of Bass Lake Road and Quinwood Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes June 6, 2001 Page #11 E CITY OF PLYMOUTH (2001042) Chairman Stulberg introduced the request by the City of Plymouth to reguide and rezone certain properties to achieve consistency between the newly updated Land Use Guide Plan and the City's Zoning Map, as required by Minnesota Statutes 473.865. Planning Manager Senness gave an overview of the May 24, 2001 staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Leo Jordan of 15905 14th Avenue North. Mr. Jordan was not present to speak. Chairman Stulberg introduced Pamela Przymus of 2705 Cheshire Lane North. Ms. Przymus stated that she represents a business that borders proposed site "D". She said that the City is likely to receive complaints pertaining to smells from their business from the surrounding sites if the area is changed to all commercial. She said that their business complies with all state standards. She asked what the designation of office/residential means. Chairman Stulberg closed the public hearing. Planning Manager Senness stated that it would be a redevelopment situation for the land use change to occur. She said that office/residential was originally intended as a transition district between office and residential uses. She said that their has been some changes to the district and it is now primarily an office district. She said renaming the district will be addressed with the annual zoning ordinance amendment. Uses allowed in the office/residential district are institutional housing and nursing homes, but more office oriented uses. Director Hurlburt stated that another district that would have been consistent with this area would have been a business/commercial district. Planning Manager Senness stated that given the size of the parcels, the office/residential district is a better fit. MOTION by Commissioner Bobra, seconded by Commissioner Gaither recommending approval of land use guide plan amendments for the City of Plymouth for several properties located throughout the City; an ordinance amending Chapter 21 (Zoning Ordinance) for the City Code to classify certain land consistent with the guide plan classification in the Comprehensive Plan; and, findings of fact for rezoning of certain land consistent with the guide plan classification in the Comprehensive Plan. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Commissioner Berkowitz requested that Item 7A be moved up on the agenda. 7 NEW BUSINESS Approved Planning Commission Minutes June 6, 2001 Page #12 A CUSTOM POOLS, INC. (2001039) Chairman Stulberg introduced the request by Custom Pools, Inc. for a variance to allow 30.2 percent impervious surface coverage where 25 percent is specified under the Zoning Ordinance to allow for construction of a swimming pool for property located at 2030 Walnut Grove Lane North. Associate Planner Doty gave an overview of the May 25, 2001 staff report. Commissioner Reinhardt asked if Mooney Lake drains into any other body of water. Assistant City Engineer Quanbeck replied that it does not. Commissioner Reinhardt asked what the quality of Mooney Lake is presently. Assistant City Engineer Quanbeck replied that he wasn't sure. Chairman Stulberg noted the e-mail received from Tom Hovey of the DNR regarding the fact that he doesn't agree with the applicant that the pool should be removed from the impervious calculation. He asked how many square feet would have to be reduced in the pool deck to get down to 25 percent. Chairman Stulberg introduced Mike Mulvaney, representing the applicant. Mr. Mulvaney said that the pool liner will not leak. He explained that a pool is designed to lose water through the skimmer and that the water is going into the earth under the concrete deck. He said that he can provide cross sections of the pool depicting how the system works. Mr. Mulvaney stated that the applicant' s yard is not flat so they are trying to come up with a use that will give them enjoyment of their property. Commissioner Reinhardt asked if one of the neighbors have a pool. Mr. Mulvaney stated that there are several pools in the area. He said that some could have been put in prior to impervious surface coverage standards and may have not required a variance. Director Hurlburt stated that the size of the pool deck would have to be reduced by 40 percent to get down to the 25 percent. Commissioner Berkowitz stated that the purpose of the 25 percent is to protect the lake. He asked if staff has looked at an aggregate of lots to see if they exceed the 25 percent. Director Hurlburt stated that you would have to look at the sub watershed, and it wouldn't be a practical way to enforce the ordinance at the time of building permit application. She said that the 25 percent maximum predates the City's water quality standards. She stated that staff needs to look at other impervious coverage standards. Director Hurlburt said that there isn't a treatment system in this area which makes a difference when staff makes its recommendation. Planning Manager Senness stated that staff has recommended approval for others that have provided some type of mitigation or where runoff drains away from the designated water body. MOTION by Commissioner Gaither, seconded by Commissioner Berkowitz recommending approval of a variance for impervious surface area coverage in the Shoreland Management Approved Planning Commission Minutes June 6, 2001 Page #13 Overlay District for a swimming pool for Custom Pools, Inc. on property located at 2030 Walnut Grove Lane North. Commissioner Gaither stated that he believes the pool does qualify as a non -impervious surface and that it is pretty close to the 25 percent with a reduction in the pool apron. Commissioner Berkowitz stated that the area underneath the concrete apron is released through a system and that they are close to the 25 percent. Director Hurlburt asked if the water drains into the pool when it rains. Mr. Mulvaney replied that the water goes into the drain system. Director Hurlburt asked where the water goes. Mr. Mulvaney stated that water goes to a french drain system. Director Hurlburt asked if any of the water seeps into the ground. Mr. Mulvaney replied that the water will disperse itself into the ground. Director Hurlburt stated that with Mr. Mulvaney's information regarding the french drain system, staff most likely would have recommended approval. Mr. Mulvaney stated that any retaining wall should have a french drain system. Commissioner Reinhardt said that she will vote in favor of the motion because of the french drain system. Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg stated that staff should ensure that the staff report to the City Council contain the information related to the french drainage system. Director Hurlburt stated that Mr. Mulvaney should supply staff with drawings to include in the staff report. 6 PUBLIC HEARINGS (continued) F CITY OF PLYMOUTH (2001048) Chairman Stulberg introduced the request by the City of Plymouth for an amendment to the text of Chapter 21 (Section 21560.03) of the Plymouth City Code, the Plymouth Zoning Ordinance to add "Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth only" as a permitted use in the I-1, Light Industrial District. Director Hurlburt gave an overview of the May 30, 2001 staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Approved Planning Commission Minutes June 6, 2001 Page #14 MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending approval of an ordinance amending the text of Chapter 21 of the Plymouth City Code, entitled the Plymouth Zoning Ordinance and findings of fact for amending the text of the City Code, entitled the Plymouth Zoning Ordinance. Commissioner Berkowitz stated that he doesn't necessarily agree with this but will support it since the City Council has gone through the thought process and it is a step for further progress. He stated that the reasons given for not putting the skate park at Life Time Fitness were not compelling. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt to adjourn. Vote. 7 Ayes. MOTION approved unanimously. The meeting adjourned at 10:58 p.m.