HomeMy WebLinkAboutPlanning Commission Minutes 05-26-1999Approved Minutes
City of Plymouth
Planning Commission Meeting
May 26, 1999
MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners Bob Stein,
John Stoebner, Roger Berkowitz, Bob Sipkins and Sarah Reinhardt
MEMBERS ABSENT: Chairman Mike Stulberg
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners John Rask and Shawn Drill, and Clerical Supervisor
Denise Hutt
4 Approval of Minutes
Commissioner Stoebner requested that a correction be made to the first full paragraph on
Page #71 to change the word "may" to "might." He also requested that a "," be added to
the end of the sentence and add the following language "but based on the record
presented he would not support the motion because it appears the hardship was self-
created."
MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt to approve
the May 12, 1999 Planning Commission Minutes as corrected.
5 Consent Agenda
6 Public Hearing
A ARMSTRONG, TORSETH, SKOLD AND RYDEEN, INC. (99032)
Acting Chairman Ribbe introduced the request by Armstrong, Torseth, Skold and
Rydeen, Inc. for a Site Plan Amendment and Conditional Use Permit Amendment for a
building addition and parking lot expansion at Greenwood Elementary School located at
3635 County Road No. 101.
Planner Rask gave an overview of the May 18, 1999 staff report.
Commissioner Sipkins asked how many parking stalls there are currently. Planner Rask
stated that the applicant would better be able to answer the question.
Commissioner Berkowitz asked if the guidance that is used to determine the number of
parking spaces takes into account the extracurricular activities. Planner Rask replied
negatively, just the classroom size. He stated that there is shared parking with the church.
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Commissioner Reinhardt asked if there is any concern about water runoff or pooling that
may occur from heavy storms. Planner Rask stated that the storm drain is slightly
undersized, but it will accommodate a five-year rain event. If the amount of water did
exceed the capacity, water would sheet drain across the school's property and not impact
any adjacent residential properties.
Acting Chairman Ribbe introduced Mike Swanson, representing the applicant.
Mr. Swanson stated that he concurs with the conditions listed in the staff report. He said
that there are presently 106 parking stalls, and acknowledged that parking is very tight
during school activities. Mr. Swanson stated that the school district has a verbal shared
parking agreement with the church next door.
Commissioner Sipkins asked if there is still going to be access to the school on the side
where the home base school is located. Mr. Swanson answered that there will be access
on the east side of the school for the home base school.
Acting Chairman Ribbe opened and closed the public hearing as there was no one present
to speak on the issue.
Commissioner Stoebner noted that he has two children that attend the subject school, but
intends on participating with the voting for the application. Commissioner Sipkins stated
that he is also a Greenwood parent, and the parking lot expansion is about seven years
overdue.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner
recommending approval of a Site Plan Amendment and Conditional Use Permit
Amendment for Armstrong, Torseth, Skold and Rydeen, Inc. for Greenwood Elementary
School located at 3635 County Road 101. Roll Call Vote. 6 Ayes. MOTION carried
unanimously.
B BELLSOUTH WIRELESS DATA, L.P. (99036)
Acting Chairman Ribbe introduced the request by BellSouth Wireless Data, L.P. for a
Conditional Use Permit for a wireless antenna and accessory equipment at the Hennepin
County Adult Correctional Facility located at 1145 Shenandoah Lane.
Planner Rask gave an overview of the May 18, 1999 staff report.
Acting Chairman Ribbe introduced Bill Rivard, representing the applicant. Mr. Rivard
commented that the antenna will be used by several law enforcement cities in the area.
He said that the lease would be with the Hennepin County Sheriff's Department.
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Acting Chairman Ribbe commented that the map in the staff report depicts significant
gaps of service and wanted to know if the City will receive requests for additional
antennas in the future. Mr. Rivard stated that they looked in the western area of
Plymouth, but there aren't existing towers to co -locate an antenna. He said that he
doesn't know whether there will be additional future requests. He said that they don't
intend to ever build a tower, but rather to co -locate on existing towers.
Commissioner Reinhardt commented that it looks like the proposed antenna is small
compared to the tower. Mr. Rivard agreed and added that the antenna will barely be
noticeable to people driving by the area.
Commissioner Stein asked what color the antenna is. Mr. Rivard replied that the antenna
is sky blue and blends well with the surrounding area.
Acting Chairman Ribbe opened and closed the public hearing as there was no one present
to speak on the issue.
MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz
recommending approval of a Conditional Use Permit Amendment for BellSouth Wireless
Data to allow the placement of a whip antenna on the ACF Public Safety Communication
Tower at 1145 Shenandoah Lane. Roll Call Vote. 6 Ayes. MOTION approved
unanimously.
C TRI-STATE DRILLING, INC. (99037)
Acting Chairman Ribbe introduced the request by Tri-State Drilling, Inc. for a
Conditional Use Permit to allow an 8 -foot high screen fence along the north and east
property lines of their site located at 16940 State Highway 55.
Planner Drill gave an overview of the May 19, 1999 staff report.
Commissioner Sipkins asked if the fence would be fully slatted or intermittent. Planner
Drill replied that the fence would be fully screened.
Commissioner Reinhardt asked if there has been any problems with safety in the area or
if the proposed fence is for aesthetic purposes. Director Hurlburt responded that there
has been some concern by prospective residents in the area pertaining to safety and
aesthetics of the site. Commissioner Reinhardt asked if children will be able to climb the
fence. Planner Drill stated that the fence would be very difficult to climb with the
proposed slats.
Acting Chairman Ribbe introduced Eugene Berthiaume, the applicant. Mr. Berthiaume
stated that he concurs with the staff report. He added that they too are concerned about
the safety of children and that the fence is also for aesthetic purposes.
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Commissioner Reinhardt asked if there would be any gates on the fence. Mr. Berthiaume
stated that there would not be any gates for the new fence.
Acting Chairman Ribbe opened and closed the public hearing as there was no one present
to speak on the issue.
MOTION by Commissioner Stein, seconded by Commissioner Sipkins recommending
approval of a Conditional Use Permit for Tri-State Drilling, Inc. located at 16940 State
Highway 55. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
D LAWRENCE BEGIN (99041)
Acting Chairman Ribbe introduced the request by Lawrence Begin for renewal of an
Interim Use Permit to allow filling of property located roughly 600 feet east of Fernbrook
Lane at 43rd Avenue.
Planner Drill gave an overview of the May 19, 1999 staff report.
Acting Chairman Ribbe asked if a one-year extension from City Council approval would
be a sufficient amount of time for the applicant to complete the process. Planner Drill
stated that the applicant would have to answer that question.
Commissioner Reinhardt asked what the court order is all about. Planner Drill explained
that the area was a dump site, and a court order was issued to clean up junk vehicles and
remove debris. The order also stated that the applicant bring in fill to reclaim the site.
Commissioner Reinhardt asked if there was any date in the court order for the process to
be completed. Planner Drill stated that he didn't believe there was any specific time
attached to the court order. The applicant was ordered to go through the City approval
process.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced George Andrews of 4215 Berkshire Court North. Mr.
Andrews stated that it is his understanding that the goal of the court order was to bring
the site up to code. He said that he has lost approximately 25 percent of his trees as a
result of the dirt coming in and being pushed toward his property. Mr. Andrews asked if
the site is considered "buildable."
Commissioner Stoebner asked Mr. Andrews what exactly is happening when the fill is
being brought in to cause the loss of trees on his property. Mr. Andrews explained that
there is a deep gully where the property lines meet. He said that when dirt is brought in,
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it is pushed over the cliff which is snapping the trees or else smothering the trees that
were growing along the hillside.
Acting Chairman Ribbe introduced Ken Hesterman of 4225 Berkshire Court. Mr.
Hesterman stated that the fill from the site seems to be encroaching on what looks to be
natural runoff He commented that the DNR has looked at the site and stated it's not a
concern, but that it may be in the future. Mr. Hesterman questioned if the amount of fill
stated in the court order is actually needed. He asked that when the fill is completed if
the neighbors would be assured that the property is still unbuildable.
Commissioner Sipkins asked Mr. Hesterman if he thinks that there is enough fill on the
site already. Mr. Hesterman replied affirmatively, adding that top soil could be put in and
seeded for a natural environment.
Acting Chairman Ribbe closed the public hearing.
In response to questions/comments, Director Hurlburt stated that the reclamation plan
was reviewed for impacts on drainage already. She stated that it is extremely unlikely
that the property will be able to be built on. The court order does specify the amount of
fill, and changing the amount would probably involve going to back to court to change
the order. She stated that the determination of fill was made in cooperation with the
Pollution Control Agency (PCA), and she is not in the position to say whether there is
enough fill on the site already. Planning Supervisor Senness commented that a number
of agencies have been part of this effort to get the site cleaned up. Director Hurlburt said
that other options were considered that would get the site cleaned up quicker, but the City
wanted to make sure that they didn't incur any liability related to any existing pollutants
on the site. Director Hurlburt said that as long as some progress is being made, this is
probably the best way to handle it.
Acting Chairman Ribbe asked who makes the determination on the amount of fill needed
for the site. Director Hurlburt replied that it is the City's responsibility, but the actual
amount of fill needed is determined from a collaboration with the PCA and they would
have to re-examine the issue.
Planning Supervisor Senness commented that Condition #8 in the resolution stated that
the applicant's engineer shall verify that the approved grading plan was followed upon
completion. She said that the grading plan stated how much fill is required.
Commissioner Stein asked if the fill was for a certain elevation. Director Hurlburt
replied affirmatively. Commissioner Stoebner asked if the City has monitored the
process. Director Hurlburt replied that the City relies on the applicant's engineer to
verify that the process is completed and accurate.
Commissioner Berkowitz asked if the City has performed any inspections at the site and
if not, who should the residents contact regarding the trees. Planner Drill said that the
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applicant will be required to obtain another grading permit. The City Forester and other
engineering staff would need to inspect the site to check the silt fencing. He said that the
site visit would mainly measure progress and ensure that the silt fence is in place.
Acting Chairman Ribbe asked if staff has found that there has been damage that has
occurred off the property. Director Hurlburt stated that trees will be lost within the site,
but the silt fence should prohibit erosion and damage off the site. Acting Chairman
Ribbe asked if the Commission can add a condition for staff to monitor the on-going
situation. Director Hurlburt stated that the City can require the applicant to submit
certification by their engineer that it complies with the grading plan.
Commissioner Sipkins asked how environmentally sensitive the site is and if the fill was
used to cover up a problem. Planner Drill replied that the PCA reviewed the site and
performed soil testing and determined the amount of soil cover needed to alleviate the
problem. He stated that the problem was mainly construction debris on the site.
Commissioner Berkowitz asked if there was any soil excavation removal as part of the
process. Director Hurlburt replied that she doesn't remember if any soil had to be
removed or it even being a big issue.
Commissioner Sipkins stated that it seems there should be some sort of governmental
intervention as the process has been going on for some period of time. He said that it
seems that before the Commission takes action, it would be valuable to evaluate if the
additional fill is necessary. He stated that it would be premature to move forward before
determining if there are other options available.
Commissioner Berkowitz asked if there are any areas of concern that soil has crossed
onto other properties. Director Hurlburt replied that a site inspection would need to be
performed to answer that question. Planner Drill commented that they are bringing in fill
and working from west to east on the site. He stated that he didn't notice any disturbance
of off-site trees during his last inspection roughly one week ago.
Commissioner Stein stated that he is concerned that 7,000 cubic yards of fill may have
been deposited in one area of the site. Planner Drill commented that the grading plan is
designed with a purpose of having a high point in the middle of the site to allow water to
shed off of the site. Commissioner Stein stated that he wants to ensure that the depth of
the fill is sufficient on the entire site to cover the debris.
MOTION by Stoebner, seconded by Commissioner Reinhardt to table the item to allow
sufficient time for staff to perform a site visit; check with city attorney to see if there are
any other alternatives available; and with the PCA to discuss the amount of fill still
needed for the site. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
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Commissioner Stein asked if the applicant has the right to stockpile dirt on the site.
Planer Drill replied negatively.
Commissioner Reinhardt noted that she was disappointed that the applicant didn't attend
the meeting tonight to discuss the issue.
7 NEW BUSINESS
A DAVID AND TERESA AINSWORTH (99040)
Acting Chairman Ribbe introduced the request by David and Teresa Ainsworth for lot
width and side yard setback variances to construct a new home on property located at 950
Garland Lane North.
Planner Rask gave an overview of the May 18, 1999 staff report.
Commissioner Reinhardt asked if there are any other special permits required for the
demolition. Planner Rask replied that the demolition would require a permit and the
property would be inspected during the process.
Commissioner Berkowitz asked if this area could have been placed in the RSF-2 zoning
district, which would have eased the burden for this type of application. Director
Hurlburt stated that when the City was looked at overall during the zoning ordinance
revision process, there were some areas that weren't indicated on the map to be changed
due to the capability of the computer to measure only lot area, not lot width. She said
that there are similar situations around other lakes, and staff may want to revisit this issue
to see if there can be a change on how we approach these lots as they may come up more
often in the future.
MOTION by Commissioner Stoebner seconded by Commissioner Stein recommending
approval of a lot width Variance and side yard setback Variance to allow the construction
of a new home 11 feet from the north property line and 12 feet from the south property
line for David and Teresa Ainsworth for property located at 950 Garland Lane North.
Vote. 6 Ayes. MOTION approved unanimously.
MOTION by Acting Chairman Ribbe, seconded by Commissioner Stoebner to adjourn
the meeting. Vote. 6 Ayes. MOTION approved unanimously. The meeting was
adjourned at 8:16 p.m.