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HomeMy WebLinkAboutPlanning Commission Minutes 09-06-2000Approved Minutes City of Plymouth Planning Commission Meeting September 6, 2000 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Roger Berkowitz, Karl Neset, Kapila Bobra, and Sarah Reinhardt MEMBERS ABSENT: Commissioner John Stoebner STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planners Kendra Lindahl and Shawn Drill, City Engineer Dan Faulkner, and Officer Services Supervisor Denise Hutt 1 CALL TO ORDER 2 PUBLIC FORUM 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES MOTION by Commissioner Stein, seconded by Commissioner Reinhardt to approve the August 16, 2000 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA A BRUCE AND BARBARA DOW (20122) MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending approval of a front yard setback variance for a detached garage for Bruce and Barbara Dow on property located at 5140 Zachary Lane North. Vote. 6 Ayes. MOTION approved unanimously. B JOHN AND TAMMY WARD (20130) MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra recommending approval of a setback variance for John and Tammy Ward for property located at 12435 50th Avenue North. Vote. 6 Ayes. MOTION approved unanimously. 6 PUBLIC HEARINGS A WALSER CHEVROLET (20074) Approved Planning Commission Minutes September 6, 2000 Page #2 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. Chairman Stulberg explained that the applicant has requested that the public hearing be postponed indefinitely while they complete the engineering on the proposal. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz to continue the public hearing to no point specific. Vote. 6 Ayes. MOTION approved unanimously. B PARKERS LAKE LIMITED PARTNERSHIP (20078) Chairman Stulberg introduced the request by Parkers Lake Limited Partnership for a preliminary plat for six single family lots on property located west of Juneau Lane and north of 14th Avenue AKA Kingsview Lane). Senior Planner Drill gave an overview of the August 30, 2000 staff report. Commissioner Reinhardt asked if the drainage behind the homes will continue their natural drainage pattern toward the lake. Senior Planner Drill replied affirmatively. Commissioner Reinhardt asked if the quality of the drainage will be improved. City Engineer Faulkner stated that drainage will now be going through the water quality treatment pond, with the net affect that the quality will meet requirements. Commissioner Berkowitz asked if there will be enough room for a house to be built on the lot that contains the NURP pond without any front yard setback variances. Senior Planner Drill said that the plan indicates 25 feet as the setback, and that there is no setback to the NURP pond, so there shouldn't be any problems. He said that the potential buyer would need to chose a style of home that will fit the building pad. Commissioner Berkowitz wanted to know what assurance the City has that future homeowners will know about the impervious surface coverage limitation. Chairman Stulberg said that the Commission can add a condition to the resolution requiring the developer to indicate in the purchase agreement that that maximum impervious surface coverage is 25%. Senior Planner Drill agreed that wording to that affect would be appropriate. Chairman Stulberg introduced Mike Abbott, the petitioner. Mr. Abbott stated that the NURP pond was the biggest issue. He said that they initially hoped to build four lake lots, but once the property was surveyed, they concluded it would be a better situation to keep the number of homes on the lake down to three. Mr. Abott said that they are also asking for Dell Place to be vacated; and the compromise was to increase the size of the pond. He indicated that four acres around the lots will drain into the NURP pond to be treated. Approved Planning Commission Minutes September 6, 2000 Page #3 Commissioner Reinhardt asked if the lots that don't abut the lake will have a deeded access to the lake. Mr. Abbott replied negatively. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Ross Tolbert of 1435 Kingsview. Mr. Tolbert questioned the location of the right-of-way from an older map that he had when he moved in. Mr. Tolbert asked if there would be any vacation of right-of-way on 14th Avenue. Chairman Stulberg introduced John Curran of 1724 Emerson Avenue. Mr. Curran stated that he owns the property at the foot of 14th Avenue. Mr. Curran stated that seems like the proposed plat takes a line out far enough to make Lot 2 and Lot 3 satisfy the minimum lot size requirement. Mr. Curran said that this proposed plat is supposed to be a replat of a portion of the Sunset Acres plat and it doesn't follow the original plat line along the shoreline. Mr. Curran commented that the 14th Avenue that serves as the entrance should be wider than 40 feet because of the additional traffic. Chairman Stulberg introduced Mary McKee of 1345 Juneau Lane North. Ms. McKee asked if the houses will have basements, and if there will be any provision for a buffer zone between the homes and the lake. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated that the plan is using the current survey and the right-of-way should be correct. He said that there shouldn't be any need to vacate any land in the area. Chairman Stulberg directed Mr. Tolbert to give City Engineer Faulkner a copy of the plat map he has and staff will verify the location of the right-of-way before the item goes to the City Council. Pertaining to the question of minimum lot size and if the lines moved to accommodate the lot size, Senior Planner Drill pointed out the ordinary high water mark of the lake. He said that the DNR has jurisdiction over the lake, but the lot lines often extend into the lake. Senior Planner Drill said that the "blue" on the map depicts the level of the lake on a specific date. He stated that the lot lines are measured from the 934 ordinary high water mark. Senior Planner Drill stated that there is nothing in the ordinance that requires a proposal to be the same as the original plat. Pertaining to the width of 14th Avenue, City Engineer Faulkner explained that the proposed right- of-way shows 50 feet, but the actual pavement width is 28 feet, which is adequate to serve the additional trips on 14th Avenue. He said that the width should be basically the same along 14th Avenue to Juneau Lane to County Road 6. Approved Planning Commission Minutes September 6, 2000 Page #4 City Engineer Faulkner stated that the minimum elevation has to be two feet above of the ordinary high water mark. Mr. Abbott said that the minimum elevation is 939.9. Mr. Abbott stated that if a potential buyer wants a basement, it would be allowed, as there is plenty of elevation to do such. Mr. Abbott stated that they are dedicating an additional 10 feet along 14th Avenue to make the road wider. In response to the question raised about buffering, Director Hurlburt explained that if this was a wetland, the applicant would be required to provide a buffer, but it isn't required on a lake. Mr. Curran stated that the ordinary high water mark is subjective. Director Hurlburt stated that the DNR determines the ordinary high water mark. Mr. Curran asked who determines the 100 - year flood mark. City Engineer Faulkner said that it is determined by the City's Engineering Department based on inflow and outflow. He stated that the 100 -year flood mark was established with the 1980 Storm Water Drainage Plan. Director Hurlburt said that staff can talk with the City Attorney to ensure that the changing of the boundaries is appropriate and that the proposed plan is in accordance with the use of the ordinary high water mark. MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending approval of a preliminary plat for Parkers Lake Limited Partnership for property located west of Juneau Lane and north of 14th Avenue (AKA Kingsview Lane). MOTION to Amend by Chairman Stulberg, seconded by Commissioner Bobra to add a condition to the resolution that any marketing information, including the purchase agreements, would clearly state that the maximum impervious surface coverage is 25% for all six lots. Commissioner Berkowitz suggested that the condition should state that the impervious surface coverage is to be consistent with the City Zoning Ordinance. He said that in case the ordinance changes, the resolution would be accurate. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION to Amend approved unanimously. Roll Call Vote on main MOTION. 6 Ayes. MOTION approved unanimously. C SP DEVELOPMENT LLC (20114) Chairman Stulberg introduced the request by SP Development, LLC for a rezoning and preliminary plat for 14 townhome units and 19 detached single family homes on property located south of 34th Avenue and east of Pilgrim Lane. Senior Planner Lindahl stated that the applicant had wanted to revise their plans and as a consequence, staff did not have sufficient time to review the revised plans before this meeting and therefore recommends that the public hearing be opened and continued indefinitely. Approved Planning Commission Minutes September 6, 2000 Page #5 Chairman Stulberg introduced Jim Zachman, the applicant. Mr. Zachman stated that he is available to answer any questions. Chairman Stulberg opened the public hearing. MOTION by Chairman Stulberg, seconded by Commissioner Stein to continue the public hearing to no point certain. Vote. 6 Ayes. MOTION approved unanimously. D TR, i ARCHITEKTS (20116) Chairman Stulberg introduced the request by TR, i Architekts, Inc. for a conditional use permit to allow accessory on -sale liquor at the planned Red Robin Restaurant, to be constructed north of Highway 55, south of 34th Avenue, and west of Plymouth Boulevard. Commissioner Bobra questioned the definition of "on -sale" liquor, and asked if there is any designated time that they can sell the liquor. Senior Planner Drill explained that "on -sale" means it is only for consumption on the premises. He indicated that the liquor license would allow sale on Sundays also. Director Hurlburt stated that the liquor license covers the hours of operation. Chairman Stulberg introduced Phil Lutgen, the applicant. Mr. Lutgen stated that they are looking forward to coming to Plymouth. He said that they will be opening up restaurants in Apple Valley and Eagan. Mr. Lutgen stated that he concurs with the staff report and conditions. Chairman Stulberg opened and closed public hearing as there was no one present to speak on the issue. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a conditional use permit for TR, i Architekts, Inc. for accessory on -sale liquor at the planned Red Robin restaurant, to be constructed north of Highway 55, south of 34th Avenue, and west of Plymouth Boulevard. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7 NEW BUSINESS A ROTTLUND HOMES, INC. (20077) Chairman Stulberg introduced the request by Rottlund Homes, Inc. for consideration of an environmental assessment worksheet for "The Reserve," a 987 -unit residential development located west of I-494 and north of Schmidt Lake Road. Senior Planner Lindahl gave an overview of the August 29, 2000 staff report. Chairman Stulberg asked what staff s conclusion is. Senior Planner Lindahl replied that staff s conclusion is that an environmental impact statement is not warranted. Approved Planning Commission Minutes September 6, 2000 Page #6 Commissioner Reinhardt asked if it is typical to have the meeting at the end of the comment period. She said that by doing so, it could be detrimental, as people that hear something at the meeting would not have any time to respond. Senior Planner Lindahl explained that the only other available meeting date was August 16, but it wouldn't have allowed staff any time to prepare a report. Chairman Stulberg asked if staff received any public comments. Senior Planner Lindahl stated that staff received some comments from state agencies, but none from the public. Commissioner Bobra asked what the comments were. Senior Planner Lindahl replied that there were a couple of suggestions for the developer to follow up on, but nothing of significance. Commissioner Berkowitz asked if there is a specific reason that noise walls aren't mentioned as a possibility for mitigation. Senior Planner Lindahl responded that it is not required, and noise walls would be used only as a last resort. She noted that there is a significant piece of property for the regional park that could serve as a buffer between the development and I-494. Commissioner Berkowitz asked if the City would need to pay for a noise wall. Planning Manager Senness replied that the State bears the cost, and noise walls are not typical for new developments. She said that the State established a policy many years ago that when new development occurred, the State would not bear the cost. Director Hurlburt explained that new developments have to use other ways to minimize the noise impacts, which is expected to be incorporated into the development. Commissioner Berkowitz stated that he would like to see the mention of noise walls as a design feature that could be incorporated. Planning Manager Senness stated that the City's portion of the small noise wall next to Ameridata was in excess of $100,000. Director Hurlburt commented that a noise wall next to a Hennepin Parks Regional Trail would not be good because of aesthetic reasons. Commissioner Stein asked if the Commission will have a chance to comment on wetlands and setbacks at the development stage. Senior Planner Lindahl replied affirmatively. Commissioner Reinhardt asked if the PUD has been applied for. Senior Planner Lindahl responded affirmatively and noted that a public hearing should be held in October. Chairman Stulberg introduced Judy Begin of 5635 Yucca Lane North. Ms. Begin asked if staff is aware of the drain line from Begin Oaks Golf Course that continues down through the property, and if it is considered part of the drainage plan. City Engineer Faulkner responded affirmatively. He stated that there is storm sewer that will be stubbed to incorporate the drainage. Ms. Begin wanted to know if Xenium Lane is still being considered for temporary construction access. Senior Planner Lindahl replied affirmatively. She said that there will be construction access from Xenium Lane, and Yucca Lane will be used for residential access and temporary access until Cheshire Lane is completed. Approved Planning Commission Minutes September 6, 2000 Page #7 Chairman Stulberg introduced Steve Gardner of 10717 10th Avenue North. Mr. Gardner stated that it is appalling at the number of trees that are being cut down in the City. Mr. Gardner presented pictures of a Rottlund project in Golden Valley, and stated that they took down all 20 trees for the project. He asked if they are groves of oak trees on this property that will be wiped out. Senior Planner Lindahl explained the City's tree preservation and landscaping requirements. Chairman Stulberg explained the Site Improvement Performance Agreement. Mr. Gardner asked how long the bond is held. Director Hurlburt replied that the trees and plantings have to survive one season over a winter. She said that tree preservation requirements vary from city to city. She stated that the City of Plymouth's regulations are pretty good. Mr. Gardner commented that there is a tree at Highway 55 and Revere Lane that is dead and has never been replaced. Chairman Stulberg introduced Richard Palmiter, the applicant. Mr. Palmiter stated that Rottlund Homes strives hard as a company to provide housing for people, and also with balancing the environmental issues. He said that in doing so, there are sometimes conflicts. He stated that they work hard with the city to comply with the requirements. Mr. Palmiter stated that the greater goal sometimes is housing more than trees, which is the reality. He said that they will have to deal with some trees on this project, and trees will be replaced according to the City's requirements. He stated that while it is sad to lose trees, it is also sad to lose housing opportunities for people. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz to accept the environmental assessment worksheet and indicate no need for an environmental impact statement. Vote. 6 Ayes. MOTION approved unanimously. Chairman Stulberg and Commissioner Berkowitz stated that they will likely miss the September 20, 2000 Planning Commission Meeting. Chairman Stulberg said that he will not be able to attend the October 4, 2000 Planning Commission Meeting. Commissioner Reinhardt stated that she will be unable to continue as the HRA liaison for the remainder of the year because of another commitment. Commissioner Bobra expressed an interest but stated she will have to check her calendar. Director Hurlburt said that it is not mandatory to appoint an HRA liaison. Commissioner Bobra is to get back to Office Supervisor Hutt. MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to adjourn the meeting. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 8:25 p.m.