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HomeMy WebLinkAboutPlanning Commission Minutes 12-09-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES DECEMBER 9, 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe, Kim Koehnen, Bob Stein, and Jeff Thompson MEMBERS ABSENT: Commissioners John Stoebner and Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planner Kendra Lindahl, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Koehnen, seconded by Commissioner Stein recommending approval of the November 25, 1997 Planning Commission Minutes. Vote. 5 ayes. MOTION approved unanimously. 5. CONSENT AGENDA: No Items. 6. PUBLIC HEARINGS: A. RYAN COMPANIES (97172) Chairman Stulberg introduced the request by Ryan Companies for a Site Plan and Variance to construct a new 30,000 square foot office building for Employers Association, Inc. located on 45th Avenue, east of Nathan Lane. Planner Lindahl gave an overview of the December 4, 1997 staff report. Commissioner Koehnen questioned if the comments made by the DNR in their letter dated December 5, 1997 were taken into account since the staff report is dated December 4, 1997. Planner Lindahl responded affirmatively and explained that she spoke verbally with the DNR to discuss issues and had all their information and concerns prior to preparing the staff report. Planning Commission Minutes December 9, 1997 Page #262 Commissioner Stein asked what the percentage of impervious surface structural coverage could be if it wasn't located in a shoreland district. Director Hurlburt replied that there is no percentage. Chairman Stulberg introduced Kent Carlson, the petitioner. Mr. Carlson thanked staff for their help and concurred with the staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of a Site Plan and Variance for Ryan Companies U.S. Inc. for Employers Association, Inc. located on 45th Avenue, east of Nathan Lane. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Chairman Stulberg questioned if it would make sense for the City to remove Lost Creek from the shoreland ordinance since it is not a true stream. Planner Lindahl responded that staff is currently reviewing that option, but did not know if it would get DNR support. The City requested that Lost Creek be removed from the shoreland district when the shoreland ordinance was originally approved, but it did not get DNR support at that time. Chairman Stulberg stated that if we can't control it since it is in a pipe, it shouldn't be in the Ordinance and questioned how we remove it from the ordinance. Planning Supervisor Senness replied that based on conversations, there may be a change in the DNR's position, but we wouldn't want to go through the process if we can't get the support. Director Hurlburt stated that we could initiate the change as a zoning ordinance amendment. Commissioner Thompson agreed with Chairman Stulberg. Director Hurlburt stated that maybe the next time we take on the shoreland district, we may want to address this issue. B. HANS HAGEN HOMES, INC. (97173) Chairman Stulberg introduced the request by Hans Hagen Homes, Inc. for a Planned Unit Development (PUD) Amendment to increase the size of the berm on the south side of the commercial PUD known as Plymouth Station. The portion of the berm proposed to change lies between the west side of the site entrance at Dunkirk Lane and the alignment of Garland Lane. Planning Supervisor Senness gave an overview of the December 4, 1997 staff report. Commissioner Ribbe asked who is responsible for the maintenance. Planning Supervisor Senness replied that the applicant is and then later an association would be set up for the commercial center who would then take over responsibility of the maintenance. Planning Commission Minutes December 9, 1997 Page #263 Commissioner Thompson asked if a letter of credit would address staffs concern. Planning Supervisor Senness responded that it could, but it may also end up that the City could become responsible. Director Hurlburt explained that a letter of credit is an administrative burden which only requires that the landscaping survive one winter. She pointed out that maintaining the landscaping in accordance with the ordinance versus aesthetic appearance are two different things. Planning Supervisor Senness stated that the City doesn't have a lot of power if the developer does not maintain the landscaping. Commissioner Koehnen questioned if the ordinance addresses a maximum berm allowed, as it only refers to a minimum berm. Planning Supervisor Senness replied that the ordinance addresses up to ten feet for screening. Chairman Stulberg introduced Hans Hagen, the petitioner. Mr. Hagen stated that the citizens requested the height of the berm and in an attempt to be a good neighbor, they are complying with their request. Mr. Hagen commented that the berm is not a financial issue, as it would allow them to maintain the excess material on site rather than incurring the cost of hauling it off site. Mr. Hagen objected to Condition #2 of the approving resolution. He commented that it would be too difficult to determine what the amount of the letter of credit should be. He said an owner could refuse to maintain it, and the City would cash it in and use the funds to clean it up, but it would only address one year of maintenance. Mr. Hagen stated that the standard of the weed ordinance becomes an issue of interpretation. Commissioner Ribbe asked Mr. Hagen if they are willing to do the berm, aside from the objection of #2. Mr. Hagen replied affirmatively, and stated that he would be willing to redesign the landscaping on the berm if it is a concern that the proposed berm is high maintenance. Commissioner Ribbe commented that the highway department maintains many steep berms. Mr. Hagen said that the landscaping plan should be changed instead of requiring a letter of credit. Commissioner Ribbe asked the applicant if the berm would be a detriment with respect to the day care. Mr. Hagen replied that it may only be a marketability issue pertaining to sight view, but there is plenty of room for the playground. Commissioner Stein asked if anything was approved for the south side of Medina Road. Planning Supervisor Senness stated that a berm, construction of a fence and landscaping were approved. She explained that the applicant is to construct a fence on the south side of Medine Road and maintain the fence for a period of four years, at which time the developer shall contract with a third party to estimate the annual maintenance costs for the fence and make a cash payment based on that estimate to the homeowners association for the present value of the maintenance costs over a period of 30 years. Mr. Hagen commented that the tape of the City Council would indicate 20 years, but the resolution shows 30 years. Director Hurlburt read several excerpts from the ordinance pertaining to general landscaping and maintenance, sodding and ground cover, and berming. She stated Planning Commission Minutes December 9, 1997 Page #264 that the proposed landscaping is very different from the character of a residential neighborhood. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Tom Krueger of 3310 Garland Lane. Mr. Krueger stated the berm would screen the back yards to the commercial property across the street. He said that he spoke with all the neighbors on Dunkirk, Everest Court and Garland Lane, and they all agreed to the higher berm as it would aid them to maintain their quality of life. Chairman Stulberg closed the public hearing. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a PUD General Plan Amendment for Hans Hagen Homes, Inc. to increase the height of the berm at Plymouth Station located southeast of the intersection of Highway 55 and Country Road 24. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen to add the following wording to Condition #2 "...berm, or submit a new landscape plan agreeable to the city forester". Commissioner Stein said that the application should be tabled if the landscape plan is going to be revised, to allow the Commission to look at it again. Commissioner Thompson stated that he is comfortable leaving the approval up to the city forester. Chairman Stulberg commented that he did not think this is a precedent issue, as the Commission has allowed landscaping to go above and beyond what the ordinance dictates. He said that what bothers him is the berm is in excess of a 3:1 slope. Chairman Stulberg commented that he doesn't mind a big berm that is sodded and turn it over to the homeowners association. He said that if it isn't turned over to the homeowners association, you have to tie it to something to make sure it is maintained. Commissioner Koehnen questioned the city forester approving the landscaping plan. Director Hurlburt stated that staff relies on the landscape architect in instances such as this, and the city forester mainly for questions regarding trees. She said that staff could certainly look at another landscape plan. Commissioner Koehnen stated that she was not ready to vote since staff would have to see another landscape plan. Commissioner Stulberg stated that basically is comes down to whether it should be a commercial type separation or residential, which is sodded, treed and mowed. Commissioner Stein commented that he wasn't so hung up on whether it be sod or sumac, but that the city forester is not a landscape architect. Commissioner Thompson stated that he didn't think sod is necessary under the ordinance, and that the neighbors wants something different. Commissioner Thompson said he would be happy to amend the motion to say landscape architect instead of the city forester. He stated that the Planning Commission Minutes December 9, 1997 Page #265 landowner should have the option to use the property and build, and 100 percent of the neighbors agree. The developer should be able to do what he wants, whether it be a letter of credit or a revised landscape plan. Director Hurlburt stated the motion could indicate staff approval versus specifying the city forester. Commissioners Thompson and Koehnen concurred. Roll Call Vote on MOTION to Amend. 2 Ayes. MOTION denied on a 2-3 Vote. Commissioners Kohenen, Stein and Chairman Stulberg voted Nay.) MOTION to Amend by Commissioner Ribbe, seconded by Commissioner Thompson to amend Condition #2 to read "Prior to issuance of building permits for Plymouth Station, the developer shall with the consultation and agreement of city staff develop a landscape plan and a plan to maintain the perennial landscaping." Discussion centered around the reasoning for staff requiring Condition #2 in the first place. Director Hurlburt explained the procedures involved if someone is in violation of the zoning ordinance. She stated the advantages of requiring a letter of credit. Commissioner Thompson disagreed with staff's interpretation and stated that the City would have legal recourse which would be sufficient to resolve any potential problems. Roll Call Vote on MOTION to Amend. 3 Ayes. MOTION approved on a 3-2 Vote. Commissioners Koehnen and Stein voted Nay.) Roll Call Vote on Main MOTION. 3 Ayes. MOTION approved on a 3-2 Vote. Commissioners Koehnen and Stein voted Nay.) Chairman Stulberg commented that he had no problem with a berm, but was concerned with ensuring the maintenance of the berm and how to achieve compliance so that the issue doesn't come back to the City. Commissioner Koehnen noted that she may not make the January 6th meeting. Commissioner Ribbe commented that he would not be at the January 6th meeting. Commissioner Thompson said he was unsure about the January 6th meeting. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to adjourn. Vote. 5 Ayes. The meeting was adjourned at 8:22 p.m.