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HomeMy WebLinkAboutPlanning Commission Minutes 08-02-2000Approved Minutes City of Plymouth Planning Commission Meeting August 2, 2000 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Roger Berkowitz, John Stoebner, Karl Neset, and Sarah Reinhardt MEMBERS ABSENT: Commissioner Kapila Bobra STAFF PRESENT: Community Development Director Anne Hurlburt, Planners Kendra Lindahl and Shawn Drill, Planning Assistant Joshua Doty, City Engineer Dan Faulkner, and Office Services Supervisor Denise Hutt 1 CALL TO ORDER 2 PUBLIC FORUM 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES Commissioner Berkowitz asked that the second to the last paragraph on Page 7 be deleted. He also noted that the first paragraph on Page 8 should be the "east" instead of "west" parking lot at LifeTime Fitness. MOTION by Commissioner Berkowitz, seconded by Commissioner Stein to approve the July 9, 2000 Planning Commission Minutes as amended. Vote. 6 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA A SKYLINE DESIGN (20112) MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of a variance from the maximum impervious surface area coverage in the Shoreland Management Overlay District to allow construction of a home addition by Skyline Design for property located at 1224 Archer Lane North. Vote. 6 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS A WALSER CHEVROLET (20074) Chairman Stulberg introduced the request by Walser Chevrolet for a land use guide plan amendment, rezoning, lot consolidation and site plan amendment for a parking lot expansion at 9825 56th Avenue North. Approved Planning Commission Minutes August 2, 2000 Page #2 Chairman Stulberg stated that based on a delay in receipt of some information related to the project, staff is requesting that the Commission open the public hearing and continue it to the September 6, 2000 meeting. Chairman Stulberg opened the public hearing. MOTION by Chairman Stulberg, seconded by Commissioner Stoebner to continue the public hearing to September 6, 2000. Vote. 6 Ayes. MOTION approved unanimously. B DUANE STEGORA AND VALERI NOSSOV (20098) Chairman Stulberg introduced the request by Duane Stegora and Valeri Nossov for a preliminary plat and conditional use permit for Stegora Addition for property located east of South Shore Drive and north of 11th Avenue. Planner Drill gave an overview of the July 26, 2000 staff report. Chairman Stulberg introduced Duane Stegora, the petitioner. Mr. Stegora stated that he concurs with the staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced William Bodette of 1144 Trenton Circle. Mr. Bodette asked if the proposed single family dwellings will be rental units. Mr. Bodette commented that the existing family dwelling is a rental unit which is not maintained properly. He said that the property is overgrown with weeds. Mr. Bodette said that he objects to the proposal if the units will be rental units and are not properly maintained. Chairman Stulberg introduced Marvin Koehler of 1140 Trenton Circle North. Mr. Koehler declined to speak. In response to Mr. Bodette's question, Mr. Stegora replied that he's not sure if the new single family dwellings will be rental or for sale units. Mr. Stegora stated that he just purchased the property last December. He said that the tenants of the existing home moved out last December, and they are now remodeling the inside of the house. Mr. Stegora stated that weeds are taking over the back of the property. Planner Drill stated that the ordinance states that any grass over six inches tall or noxious weeds can be tagged for a weed violation and the City can mow the area and bill the property owner. Mr. Stegora stated that he anticipates doing some landscape work in the back, but it will take time to do so. Mr. Stegora stated that the property is normally mowed once a week. Approved Planning Commission Minutes August 2, 2000 Page #3 Chairman Stulberg asked if the City has any discretion over whether a property is rental versus for sale. Planner Drill responded negatively and added that an application is reviewed the same either way. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a preliminary plat for Valeri Nossov and Duane Stegora for Stegora Addition and conditional use permit for Valeri Nossov and Duane Stegora to allow two single family homes in the RMF -2 Zoning District for property located northeast of South Shore Drive and 11th Avenue. 6 Ayes. MOTION approved unanimously. C MARY LEUER (20099) Chairman Stulberg introduced the request by Mary Leuer for a conditional use permit for more than one accessory building on property located at 17435 Medina Road. Planning Assistant Doty gave an overview of the July 20, 2000 staff report. Commissioner Reinhardt asked how was the Building Division found out about the accessory building. Planning Assistant Doty replied that staff drove by and saw the construction taking place and issued a stop work order because there was no building permit for the structure. Commissioner Stein asked how large the first accessory building could be. Planning Assistant Doty replied up to 1,000 square feet. Commissioner Stein noted that the two buildings together are less than what is allowed for one building. Chairman Stulberg introduced Mary Leuer, the petitioner. Ms. Leuer concurred with the staff report. Chairman Stulberg asked the applicant if she knew that a permit was needed. Ms. Leuer responded negatively. She said that it has cost her $800.00 for a $2,000 shed. Chairman Stulberg asked if the applicant would have gone ahead with construction of the shed had she known she needed a permit. Ms. Leuer said that she would have perhaps downsized the shed so that it wouldn't have required a permit, even though they actually need one this size. MOTION by Commissioner Stoebner, seconded by Commissioner Stein recommending approval of a conditional use permit for Mary Leuer to allow more than one accessory building on property located at 17435 Medina Road. Roll Call Vote. 6 Ayes. MOTION approved unanimously. D QWEST WIRELESS, LLC (20102) Chairman Stulberg introduced the request by Qwest Wireless, LLC for a site plan amendment and conditional use permit to install a 59 -foot monopole tower, antennas and related ground equipment located at 15395 31st Avenue North. Approved Planning Commission Minutes August 2, 2000 Page #4 Planning Assistant Doty gave an overview of the July 20, 2000 staff report. Chairman Stulberg introduced Larry Coleman and David Mitchell, representing the petitioner. Mr. Coleman said that there will be three antennas instead of two as noted in the staff report. Mr. Coleman used his cellular phone to demonstrate that they receive a weak signal in this area. Chairman Stulberg asked where there closest antenna is in the City. Mr. Mitchell replied that they have several locations in Plymouth, but the closest ones are near Rockford Road on the NSP tower and the water tower on County Road 6. Chairman Stulberg asked if their other locations are co -located. Mr. Mitchell replied affirmatively. He said that they have one tower that is located in a right-of-way which doesn't require co -location. Commissioner Stein asked if there is a reason that the pole is designed for only one additional carrier. Mr. Coleman replied that because of the structure height, there is only room for one additional carrier. Chairman Stulberg asked if staff s recommendation would change because of the three antennas versus two. Director Hurlburt stated that she thought the review implied two carriers which is correct. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending approval of a site plan amendment and conditional use permit for Qwest Wireless to allow the placement of a monopole tower, antennas and related ground equipment at 15395 31st Avenue North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. E DAVID AINSWORTH (20113) Chairman Stulberg introduced the request by David Ainsworth for a conditional use permit to construct a 1,170 square foot attached garage for property located at 950 Garland Lane. Planner Lindahl gave an overview of the July 24, 2000 staff report. Commissioner Stein questioned what is different about the building code requirements for a garage this size. Planner Lindahl explained that if a garage is in excess of 1,000 square feet, the building code requires higher construction standards. Commissioner Berkowitz asked if the door depicted on the front view of the home is required by code. Planner Lindahl replied that the applicant proposed the door and it is not required by code. Chairman Stulberg introduced David Ainsworth, the petitioner. Mr. Ainsworth concurred with the staff report. Mr. Ainsworth stated that the door could be removed, but it was proposed to Approved Planning Commission Minutes August 2, 2000 Page #5 give it a residential feel. Commissioner Berkowitz said that he doesn't have a problem with the door. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Judy Melinat of 16810 9th Avenue. Ms. Melinat said that she doesn't have any questions — she just wanted to hear about the proposal. Chairman Stulberg closed the public hearing. MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz recommending approval of a conditional use permit for David Ainsworth to construct a 1,170 square foot attached garage on property located at 950 Garland Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. F RELIANCE DEVELOPMENT CO LLP (20004) Chairman Stulberg introduced the request by Reliance Development Co. LLP for a site plan and conditional use permits for retail development to include a bank, convenience store with fuel and car wash, two drive-through restaurants, and a day care facility on property located at the northwest corner of Highway 55 and Peony Lane. Planner Drill gave an overview of the July 26, 2000 staff report. Commissioner Reinhardt asked how big the buffer is along the northern edge of the property. Planner Drill replied that it ranges from 10 to 30 feet wide. Commissioner Reinhardt asked if a portion of it would be filled for the entrance. Planner Drill replied affirmatively and said that they would have to mitigate. That particular application goes to the City Council for approval. Director Hurlburt stated that they are not subject to the City's buffer requirements. Commissioner Stein asked if the City has received any proposals or had any discussions pertaining to the property located on the southwest corner of Peony Lane and Old Rockford Road. Planner Drill stated that the site is guided commercial, and that there haven't been any discussions or proposals as of yet. Commissioner Stein noted that there will be a lot of traffic on this site, and asked if staff is comfortable with the proposal. City Engineer Faulkner replied that staff has reviewed the proposal and doesn't anticipate any traffic problems. Commissioner Reinhardt asked if both restaurants are going to be fast-food restaurants. Planner Drill replied that both restaurants would have drive-through service, and that either type requires a conditional use permit. Approved Planning Commission Minutes August 2, 2000 Page #6 Chairman Stulberg asked if the landowner to the west contacted the City about a cross -easement. Planner Drill said that the City had recently received a letter from the property owner to the west, asking to have access to this area through the proposed development, and that staff is not supporting a cross -easement. Chairman Stulberg introduced Peter Hilger of Portfolio Design, representing the applicant. Mr Hilger said that they have made significant changes since April because of wetland issues. Mr. Hilger presented colored renderings of the proposed project and a pallet of suggested materials. Chairman Stulberg introduced Vince Driessen, the applicant. Mr. Driessen stated that he concurs with staff report except for some engineering technicalities. Chairman Stulberg introduced a letter dated August 2, 2000 from Vince Driessen and a letter dated July 29, 2000 from Brad and Tarrie Davenport, property owner of 4435 Peony Lane North. Chairman Stulberg continued the public hearing Chairman Stulberg introduced Jim Yarosh, attorney for the Fine family. Mr. Yarosh said that Mr. Fine supports the project but wants to maintain some sort of access through this site to connect to the western properties. He said that if access is not required as part of this development, the opportunity will be lost. Mr. Yarosh asked if the utilities are being extended to the edge of the property. He asked if the roadway could be extended or give access some other way to the west property. Chairman Stulberg closed the public hearing. In response to questions raised, Planner Drill said that staff does not support a connection for access purposes, as there is not adequate width for any type of public street, and it would make this development congested for cars to pass through to get to the west. City Engineer Faulkner concurred. He added that with the particular uses such as a daycare and restaurants, staff doesn't want to encourage through traffic. Director Hurlburt stated that the Transportation Plan was just updated and Old Rockford Road is the frontage road. She said that the property to the west has access from Old Rockford Road and staff wouldn't require additional access as part of development. City Engineer Faulkner stated that utilities will be extended to their west property line, which is required of this developer. Commissioner Reinhardt asked if cross -easements would be considered when the western portion develops. Planner Drill said that the land to the west is currently located in Study Area E, and staff doesn't know whether the land will be residential or commercial. He said that the property does have access from Old Rockford Road, and it is not a good idea to impose the traffic through this development. He added that approval would not necessarily preclude access through the Reliance site in the future, if the land owners could reach such an agreement. Approved Planning Commission Minutes August 2, 2000 Page #7 MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner recommending approval of a site plan and conditional use permits for Reliance Development Company, LLC for Peony Promenade, a retail development on property located north of Highway 55 and west of Peony Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. G CITY OF PLYMOUTH (20104) Chairman Stulberg introduced the request by the City of Plymouth for rezoning from FRD Future Restricted Development) to RSF-1 (Single Family Detached Dwelling District 1), site plan amendment, and variances to construct additional ballfields, soccer fields and associated facilities, including a parking lot at Greenwood Elementary School located at 18005 Medina Road. Planner Lindahl gave an overview of the July 24, 2000 staff report. Commissioner Stein asked why the proposal if for rezoning to RSF-1 instead of P -I. Planner Lindahl said that RSF-1 is consistent with the land use guide plan and the proposed uses, and that P -I would require a reguiding. Chairman Stulberg introduced Eric Blank, Park and Recreation Director. Mr. Blank said that he is available for questions. He stated that there are a lot of these activities currently taking place on the site. He added that the proposed fields would be used for programs geared toward children 12 and under. Commissioner Berkowitz asked if there are any plans to recondition the soil on the soccer fields. Director Blank said that the soil is typical of a grade school fields, but they are adding six inches of top soil and an irrigation system. Chairman Stulberg continued the public hearing. Chairman Stulberg introduced Donald Meyer of 17829 38th Avenue. Mr. Meyer was no longer present. Chairman Stulberg closed the public hearing. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to reclassify certain land located on the Greenwood Elementary School site and a site plan amendment and variances for the City of Plymouth to construct additional ball fields, soccer fields and associated facilities at Greenwood Elementary school located at 18005 Medina Road. Commissioner Reinhardt stated that the seven variance standards weren't addressed individually in the staff report. She said that she noticed that the standards haven't been addressed Approved Planning Commission Minutes August 2, 2000 Page #8 individually on several City applications and doesn't want the public to think that the City applications are not held to the same scrutiny as other applications. Director Hurlburt said that staff will ensure that the standards are addressed separately from now on. 7 NEW BUSINESS A MICHAEL REGET (20111) Chairman Stulberg introduced the request by Michael Reget for a shoreland variance to exceed the 25 percent impervious surface coverage for an at grade swimming pool for property located at 5775 Annapolis Lane North. Planning Assistant Doty gave an overview of the July 20, 2000 staff report. Commissioner Stoebner asked if the drainage to the lake is increased or decreased with the proposed pool. Planning Assistant Doty replied that drainage to the properties to the west would not increase. City Engineer Faulkner said that the amount of drainage to the lake would be decreased. Director Hurlburt asked if the deck area drains toward the pool or toward the yard. Planning Assistant Doty said that it will drain to the west. City Engineer Faulkner asked where the deck slopes to. Planning Assistant Doty responded that drainage in the rear yard heads west. Commissioner Reinhardt asked how long the shoreland variance has been in affect. Director Hurlburt said that she wasn't sure, but that it was in affect at the time this subdivision was platted. Chairman Stulberg introduced Mike Reget, the petitioner. Mr. Reget stated that the pool rim slopes away from the pool. He said that it is very difficult to show hardship for a swimming pool. He stated that Senior Engineering Technician Darrell Johnson looked over the area very carefully, and analyzed the maps of the area and came to the conclusion that the odds of any increased drainage from the yard ever having any affect on Mud Lake is slim to none. He said that Mr. Johnson commented that the neighbors behind their property would want them to put in a pool as it should help with the drainage. Chairman Stulberg introduced Jean Kessler of 13825 50th Avenue North. Ms. Kessler stated that she is concerned with drainage. She said that a portion of the Camelot Overlook development was engineered to drain into her lot and several others. She said that she doesn't know if a pool and patio would increase or decrease the drainage, but she doesn't want the current drainage problem to be compounded. City Engineer Faulkner stated that when developers plan their drainage systems, they have to work with the existing natural drainage patterns which is to the west for this area. The houses are higher on Annapolis which will naturally drain to the west. He said that the natural conditions need to be maintained. Director Hurlburt asked if there are drainage swales and Approved Planning Commission Minutes August 2, 2000 Page #9 easements on the south side of 58th Avenue. City Engineer Faulkner stated that he hasn't visited the site, but it is typical. Director Hurlburt asked what kind of problems Ms. Kessler is having. Ms. Kessler stated that her home was there before the Camelot development was built. She said that she tried to get a silt barrier because mud was running onto her lawn, but the neighbors have not been cooperative. Ms. Kessler stated that she still gets all of the rain across the back yard of her property. Chairman Stulberg asked if there is a drainage easement. Ms. Kessler said she wasn't sure. Director Hurlburt said that there probably is, which is fairly standard. Chairman Stulberg said that the pool rim, which is over 50 percent of the size of the pool, is probably more impervious than grass or plantings. He said that the trade off probably isn't there. Commissioner Reinhardt asked where the 1,000 foot limit came from in the ordinance. Director Hurlburt said that the distance from a lake or shoreland is a legacy from the State's Shoreland Ordinance. She said that the distance amount comes from the DNR's regulations. She said that the City needs to consider each application on an individual basis. Ms. Kessler said that she doesn't have anything against the proposed pool, but she is concerned about the drainage issues. MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz recommending approval of a variance for impervious surface area coverage in the Shoreland Management Overlay District for a swimming pool for Michael Reget on property located at 5775 Annapolis Lane North. Commissioner Stoebner said that the issue of more or less runoff to the lake side could be debated, but the conclusion seems to be it would actually produce less runoff He said that the proposed pool would result in more of the water being treated and could improve the quality of the water going to the lake. Commissioner Berkowitz stated that the State's Shoreland Ordinance isn't comprehensive enough for each individual lake. He said that he doesn't see how a swimming pool and rim will adversely affect the lake. Commissioner Reinhardt said that the Commission has seen a lot of applications for variances for the impervious surfaces and each one adds up. She said that at some point we have to say no to protect our lakes. She added that variances should only be allowed where there is a uniqueness or hardship. Commissioner Stoebner stated that on similar applications, the City Council has said that pools advance the quality of the lake. Chairman Stulberg questioned #2A of the approving resolution, stating that if this application is approved then other properties not adjacent to Mud Lake may have the same thought. Commissioner Berkowitz commented that he doesn't necessarily agree with that finding. Approved Planning Commission Minutes August 2, 2000 Page #10 Director Hurlburt said that the finding came from a previous application, and can be easily eliminated if needed. She said that a variance does not set a precedent, as each one needs to be looked at. Commissioner Stoebner concurred that the language would not be appropriate. He suggested that substitute language pertaining to the fact that topography and direction of the drainage are unique and that part of the runoff will be treated before drainage to the lake. Commissioner Berkowitz concurred with the substitute language. Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Reinhardt and Neset and Chairman Stulberg voted Nay.) MOTION by Commissioner Reinhardt, seconded by Commissioner Neset recommending denial of a variance for impervious surface area coverage in the Shoreland Management Overlay District for a swimming pool for Michael Reget on property located at 5775 Annapolis Lane North. Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Stein, Berkowitz and Stoebner voted Nay). Commissioner Stein said that the pool would actually help by treating the water before draining to the lake. He said that the property owner shouldn't be penalized just because they live by the lake. Commissioner Stoebner said that he would oppose the variance if it were detrimental to the lake. He said that the proposal is positive and could help the drainage issues with the adjoining property owners. Chairman Stulberg said that the Ordinance states 1,000 feet and that is all staff and the Commission has to go by whether it is right or not, and his decision has to be based on the ordinance. Director Hurlburt said that the proposal could either be sent to the City Council without a recommendation or tabled to another meeting. Chairman Stulberg said that it wouldn't be fair to the applicant to delay the proposal to another meeting. He said that the City Council would act on the proposal with or without a recommendation from the Planning Commission. City Engineer Faulkner said that staff could probably do some more technical analysis before the item goes to the City Council. Director Hurlburt noted that if the proposal goes forward without a recommendation, it will go to the City Council on August 22. She said that staff's recommendation may change depending upon the outcome of additional data. Director Hurlburt stated that the Metropolitan Council reviewed the Comprehensive Plan and it will be adopted by the City Council at their meeting on August 8. Commissioner Berkowitz asked what the City's position can be with the State regarding the Shoreland Management Ordinance. Director Hurlburt said that the Water Quality Plan does not Approved Planning Commission Minutes August 2, 2000 Page #11 negate the need for the Shoreland Ordinance. She said that the DNR would have to approve any changes, and they don't want cities to have a lot of flexibility. She stated that the DNR doesn't object to variances, as they feel that a variance is the proper way to handle these type of situations. Director Hurlburt stated that staff also feels that a variance is best way to continue. Commissioner Berkowitz suggested that the staff report could address the bigger picture, such as Mud Lake versus a lake that is fully developed around it. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 9:12 p.m.