HomeMy WebLinkAboutPlanning Commission Minutes 02-17-20211
Approved Minutes February 17, 2021
Approved Minutes
Planning Commission Meeting
February 17, 2021
Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 3, 2021.
COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Michael Boo, Julie
Pointner, Bryan Oakley, David Witte, Donovan Saba and Justin Markell.
COMMISSIONERS ABSENT:
STAFF PRESENT: Community Development Director Steve Juetten, Senior Planner Shawn Drill,
Senior Planner Lori Sommers, Senior Planner Kip Berglund, Community Development
Coordinator Matt Lupini and Engineering Services Manager Chris McKenzie.
OTHERS PRESENT: Councilmember Ned Carroll
Chair Anderson led the Pledge of Allegiance.
Plymouth Forum
Chair Anderson introduced Catherine Stone, 5445 Nathan Lane, Plymouth who stated that she
received a letter to which her husband called city staff and received a lengthy voicemail in return.
She stated that there is a field near her home that is proposed to have townhomes and apartments.
She stated that the area already has a new apartment building with 200 units. She expressed
concern with the traffic levels at Bass Lake Road, noting the lack of right turn lane and excessive
queuing at Nathan Lane. She stated that her husband spoke with the developer that stated a one-
bedroom apartment would begin at $1,200. She stated that her neighborhood maintains its own
roadways and they are being used by other because the roads in that area are so busy. She did
not believe that the roads in that area would be able to absorb that additional residential traffic.
Community Development Director Juetten provided additional details on the proposed projects
on the sites north of Bass Lake Road, noting that Waterwalk is an extended stay hotel for
business travelers with one building for shorter stays, up to a few weeks, and a second building
for longer stays. He stated that south of Nathan Lane a developer has the property under contract
and has submitted a sketch plan review. He noted that staff did a very preliminary review and
requested additional information from the developer. He noted that the item could come forward
to the commission in the next coming months. He stated that staff has been clear with the
developer that there will be a lot of resident input on that project, which will begin with a
neighborhood meeting which will take place next week on Zoom. He stated that the project is in
the very early stages and public input will be important.
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Approval of Agenda
Motion was made by Commissioner Oakley and seconded by Commissioner Boo to approve the
agenda as amended. With all Commissioners voting in favor, the motion carried.
Consent Agenda
(4.1) Planning Commission minutes from meeting held on February 3, 2021.
(4.2) Item 4.2, Site plan amendment to allow an emergency generator at 14405 21st Avenue.
was moved to New Business as item 6.2.
Motion was made by Commissioner Boo and seconded by Commissioner Saba to approve the
Consent Agenda as amended. With all Commissioners voting in favor, the motion carried.
Public Hearings
(5.1) Preliminary Plat for “Hampton Hills 7th Addition” for 7 single-family lots (Tradition
Development)
Senior Planner Drill provided a review the staff report.
Commissioner Markell asked how the homes to the east of the tower on Niagara Lane are not
within the fall distance setback.
Senior Planner Drill responded that the tower is 140 feet high and the home directly to the east is
just outside of that distance.
Chair Anderson introduced Patrick Wrase, Tradition Development, Developer who stated that the
history of this project goes back to 2009 with the most recent phases completed in 2013. He
stated that they have been waiting for the cell tower lease to expire, which occurs on June 26,
2021. They have notified the leaser that they do not intend to extend the lease term and therefore
are planning for the construction which could begin after the expiration of the lease. He believed
that the initial infrastructure work for that area could be done in three to four weeks with the sites
ready for the fall parade of homes. He stated that Robert Thomas Homes will be building the
tradition series on these lots.
Chair Anderson commented that this site is in the middle of a community surrounded by homes
and recognized that equipment will need to come in and dirt will be moved around. He asked
how much disruption there would for neighboring properties.
Mr. Wrase commented that as with any construction activity there will be some disruption. He
commented that some material will need to be hauled offsite. He stated that the benefit is that
this is a relatively small project. He commented that they will work efficiently to keep disruption
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to a minimum. He commented that they would intend to keep the bypass Polaris Lane open
during the work.
Chair Anderson asked for an estimate of the amount of material that will need to be hauled
offsite, noting that he is attempting to get a sense for the amount of disruption for the neighbors.
Chair Anderson introduced Tom Welshinger, Sathre Berguist who responded that there is about
two or three thousand cubic yards of material which would equate to about six to eight
truckloads that would need to be hauled out from where the cell tower is, noting that some of that
material will be used for grading the site.
Chair Anderson noted that a truck holds ten cubic yards of material and asked for clarification as
that would seem to be a few hundred truckloads.
Mr. Welshinger confirmed that calculation to be more accurate. He estimated about three days to
haul the material offsite, depending upon the number of trucks used.
Commissioner Witte asked what would be involved with removing a cell phone tower.
Mr. Wrase responded that they have not removed a tower in the past and would not be removing
the tower in this case as that responsibility falls to the operator.
Commissioner Witte referenced the lots to the south/southwest side and asked if those lot lines
would be extended through the drainage ditch, or to the drainage area.
Senior Planner Drill responded that the city wants all of the land within the plat to be within lots
rather than creating an outlot which would have the potential for tax forfeiture. He stated that
there will be a drainage easement in that area.
Chair Anderson opened the public hearing
Chair Anderson introduced Tyler and Megan Coppock, 5370 Orchid Lane, Plymouth who asked
the length of time for construction from start to end. He commented that traffic moves quickly
on Polaris Lane, noting that the yards that face north or south are unsafe to have children playing
because of the traffic speeds. He asked if stop signs could be considered to control the speed and
flow of traffic on Polaris.
Community Development Coordinator Lupini read a question from Tony Ivancic, 5270 Polaris
Lane, asked via email, if drainage/french drains could be required for each lot. The resident
noted that the entire development has had many issues with drainage even though the city says
lots are properly sloped. He and his neighbor have spent thousands to resolve these issues, but if
there are new houses pumping water between his house, he is concerned that he would have new
issues on another side of his house.
Community Development Coordinator Lupini read a question from Will Corprew, 5255 Niagara
Lane, Plymouth, who asked if the cell phone tower hill will be flattened. He asked for details on
those plans and whether a retaining wall would be added. He also asked if this project would cut
into the property on Niagara and if so, would that be right on the property line.
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Chair Anderson closed the public hearing
Mr. Wrase commented that the timing he mentioned earlier was related to the infrastructure,
which he estimated to be about one month. He stated that his reference to the fall parade was
related to the lots being ready to sell. He stated that once ground is broken on a home the
timeline would be four to six months for that home to be completed.
Chair Anderson asked if these lots would be marketed right away and therefore ready to break
ground once the subdivision is completed.
Mr. Wrase confirmed that they would begin marketing once the platting process is complete.
Senior Planner Drill identified the existing traffic control measures in the area, noting there are
no proposed changes as the existing road network could easily support the traffic from the
additional homes.
Engineering Services Manager McKenzie commented that there is positive drainage roughly
from the north to the south on all seven properties. He stated that the properties north of the road
do have storm drains in the yards and the homes to the south flow to the wetland. He stated that
the grading plan has been approved and there are no issues. He commented that there are not
retaining walls planned between the lots and confirmed that the cell tower hill be graded and
there will not be evidence of that hill or the tower site once the grading is completed.
Commissioner Witte asked if staff is aware of the address of the resident that commented with
drainage problems and asked for additional input from staff on why that property would have
problems.
Engineering Services Manager McKenzie commented that he is not privy to the experiences of
the residents but noted that the proposed improvements should not impact that property as it is to
the side hill and therefore the water will not push towards that property.
Chair Anderson stated that this appears to be a straightforward and planned for development, as
this was part of the original preliminary plat for the overall development. He commented that
there will be a number of trucks that will be hauling material from the site. He commented that
this would be appropriate development for the area.
Motion was made by Commissioner Oakley and seconded by Commissioner Pointner to
recommend to the City Council approval of the resolution approving Preliminary Plat for
“Hampton Hills 7th Addition” for 7 single-family lots submitted by Tradition Development
(2020099). With all Commissioners voting in favor, the motion carried.
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New Business
(6.1) Sketch Plan review discussion application by Black Dog Homes for lot split at 16820
12th Avenue.
Senior Planner Berglund provided a review of the staff report.
Chair Anderson introduced Dan Vanderheyden, Black Dog Homes, applicant who stated that
staff did a good job of laying out some of the challenges that exist with the lot sizes. He stated
that they discussed eliminating the garage on the backside of one of the properties, which would
allow the lots to be subdivided in a more even manner. He stated that they would be willing to
do that if that was a more plausible option for the city. He stated that the property owner does
work with Many Hands, which is a nonprofit outreach organization that works with families that
are economically disadvantaged. He stated that this would provide a veteran with the
opportunity to live in Plymouth and noted that perhaps that would be better spoken to by the
property owner.
Chair Anderson introduced Clinton Asche, property owner, applicant who stated that he has been
working with the Land Trust, which began in 2002 with a goal of affordable housing noting that
the first home was constructed in 2004 with many homes to follow. He stated that the Land
Trust ensures that the home will remain affordable for 99 years and provided additional details
on the process that is used to determine a tenant’s rent. He commented that this lot is currently
not being used for its highest and best purpose and therefore he would be willing to provide the
funds that would typically be provided by a municipality. He stated that most of the funds
Plymouth has devoted to affordable housing is for renting whereas this would be home
ownership. He stated that once a tenant is identified for a home, a market analysis is completed.
He stated that it would then be determined how much the tenant would qualify for, the Land
Trust would contribute funds and he himself would contribute the additional $50,000. He stated
that the tenant only owns the home and not the land. He stated that if a tenant decides to sell
after a period of time, that tenant would be able to obtain 35 percent of the equity that accrued
over that time, which would provide a benefit to that person moving to the next step of their life
and would still provide an affordable home option for the next tenant. He stated that he spoke
with a number of the City Council members and the Mayor regarding this project. In addition,
he spoke with Councilmember Willis related to the lot size and easement (right-of-way) and that
there is confusion on how the easement north of the subject property along 13th Avenue was
obtained. He stated that he sees the issue of lot size as something that would only be slightly
different, noting existing lots that would be considered nonconforming in the area because of
their lot size and/or frontage. He stated that these lot sizes would allow enough space for
families to grow. He stated that it is his desire to see this occur and help to bring ownership
affordable housing into the community. He commented that the city is building something on
County Road 9 and Fernbrook Lane for affordable housing for veterans. He noted that it can be
difficult for a city to do this because of the cost it would incur for one residence, but he would be
more than happy to help in this manner and hoped that others share his vision.
Chair Anderson stated that the sketch plan is related to a lot split for a small subdivision and the
property owner provided details on the program he would like to bring in as a way to finance
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some affordability. He commented that he would think it is the job of the commission to only
provide input on the lot split and not that program.
Community Development Director Juetten clarified that the role of the commission is to provide
input on the sketch plan and whether something should be approved when this comes back for
formal consideration. He stated that the commission would need to determine if the variance
would be viable based on zoning and not based on affordability. He commented that staff would
have to work through the details to determine if there would be a mechanism for affordability.
He cautioned the commission against tying affordability to a subdivision. He stated that as much
as he understands the intent of what the property owner is trying to do, there really is not a
connection between the two.
Commissioner Pointner referenced the north variance stating that she would have a problem with
that variance because it is a large variance. She stated that she would entertain the idea of the
garage moving but would struggle with the north variance related to width.
Chair Anderson commented that the purpose tonight is for the commission to simply provide
feedback on the sketch plan.
Commissioner Saba commented that the overall size of the lot as 62 percent of the recommended
lot size would be a struggle. He stated that he would not be as concerned with the width but the
overall lot size.
Commissioner Oakley stated that there would be at least three variances required. He referenced
the proposed structure on the north lot and existing structures on the south lot, which would then
require two additional variances for a total of five. He stated that the first variance would be the
lot width for lot one, noting that would be consistent with the homes in the area and therefore he
would not be opposed that. He stated that the lot size would not be consistent and would make it
difficult to meet the 25 percent hardcover limit. He stated that there was a suggestion to extend
the lot line to the north but did not see how that could work. He stated that the variance that
would be most problematic would be related to the 25 percent coverage limitation. He noted that
on the proposed lot size, a proposed home, driveway, and patio would far exceed that limit. He
stated that he would prefer not to see that limitation exceeded. He believed that if the lot is split,
the existing home and its features would also then exceed the 25 percent coverage limitation.
Commissioner Boo commented that setting aside the intended use, he would generally oppose a
subdivision of this type in a well-developed neighborhood where there is nothing specific of this
lot that would demand anything different than it remaining in place. He stated that this lot has
existed and met the zoning requirements and a subdivision of this type would create two
nonconforming lots where no previous issue existed. He stated that as to the desire of the
property owner, there is a broader need for affordable housing for many groups including
veterans and appreciates that intent. He believed that those ideas however could be approached
in a better manner, suggesting work with the HRA and other city departments to review
opportunities. He did not believe a subdivision of a conforming lot into nonconforming lots in a
well-developed area would be a good choice.
Commissioner Witte stated he echoes the comments of the previous commissioners. He agreed
that this is a creative idea, and the city needs more affordable housing, but this would seem to
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create more problems. He stated that land costs, as they increase, create a hurdle for affordable
housing along with development fees. He noted that would be something the city could review
in order to bring affordable housing into the community but stated that he would not support the
concept on this lot.
Chair Anderson agreed with many of the comments of the previous commissioners that this
would create the smallest lots in the neighborhood. He stated that he did not see that taking 30
feet from the north to jog a right-of-way line to expand the lot would be the best solution. He
noted that there also is no excess land available from a neighboring lot and therefore he would
not be supportive of a lot split. He stated that he supports the intent of the property owner but
does not see this property as the right fit.
Chair Anderson introduced Christina Ehlenz, 16815 14th Avenue N., who stated that she agrees
with the issues brought up by the commission during this discussion. She stated that she
supports the intent but does not believe this is the right parcel. She stated that there are many
other developing areas that could be an opportunity for affordable housing.
Community Development Director Juetten stated that the comments made by the Commissioners
will be in the minutes and will be forwarded to the City Council with the sketch request.
(6.2) (Item 4.2 was removed from consent agenda) Site plan amendment to allow an
emergency generator at 14405 21st Avenue.
Senior Planner Sommers provided a review of the staff report.
Commissioner Oakley stated that the sound model appears to show rings of sound and asked if the
model considers placement of the generator relative to the building and impacts that could have
on the sound.
Senior Planner Sommers responded that she believed that was factored into the model but noted
that the applicant is available to answer the question as well.
Commissioner Boo asked if the applicant described how often the generator would be expected to
be used, whether it would be emergency or supplemental.
Senior Planner Sommers replied that the applicant stated that this would be for emergency use.
Chair Anderson asked how often it is recommended to test a generator.
Senior Planner Sommers responded that the draft resolution specifies that testing must occur
during the hours of 9:00 a.m. and 5:00 p.m. during the work week and believed that testing would
occur once per month.
Chair Anderson introduced David Loeher, DLR Group, 520 Nicollet Mall Suite 200, Minneapolis,
who is the project architect. Mr. Loeher stated that his client is expanding its existing Plymouth
operation to this site. He stated that this would be an emergency use only generator that would
support the operations at this new and expanded location. He stated that the variance would
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support the ongoing operations in Plymouth. He stated that they used computer models to test the
output of the sound and the rings shown on the drawing show a normalized pattern. He stated that
they estimate 50 decibels or less at the property line because of the topography and vegetation,
which would be similar to the noise of a refrigerator in a home. He stated that the generator would
operate on natural gas and therefore would be quiet and clean.
Chair Anderson referenced the term variance that was used and clarified that this would be a site
plan request and not variance.
Senior Planner Sommers confirmed that this would be a site plan amendment with no variance
requested.
Chair Anderson introduced John Grobel, 14450 19th Avenue, Plymouth who stated that he received
a letter from the city, and he was very concerned about a generator being placed so close to the
townhome association. He stated that of all the townhome units, his is the only single unit within
200 feet of the generator. He commented that he asked staff many questions and staff did a good
job responding to those questions. He referenced the noise models and asked what would occur if
those models were incorrect and caused a problem for his residence.
Senior Planner Sommers responded that staff believes the representation of the model to be correct.
She noted that if something goes wrong in the future, a resident could make a complaint and staff
would reach out to the company to verify if the noise requirements of the resolution and ordinance
are met.
Chair Anderson commented that if the noise requirements are not met, the City could require the
applicant to replace the equipment.
Mr. Grobel commented that he would then assume that everything that has been said is correct.
He understood that this generator is only intended to be used in emergencies and would not be
used for regular or extended periods of time. He also understood that the unit would be tested once
per month and assumed that would be a short test that would not cause problems.
Senior Planner Sommers confirmed that the generator would only be used as a backup if the main
power were to go out.
Commissioner Oakley asked if testing is completed when a new generator is installed and whether
a technician from the installation company would bring a decibel meter to test the noise level at
the property line when installed.
Mike Van Klei, JE Dunn, 800 Washington Ave N, Suite 600, Minneapolis, responded that there is
a start up and testing period when first installed in order to test the automatic transfer of power.
He stated that the setup is relatively simple and would not expect the testing to take a significant
amount of time. He stated that the sound attenuation information comes from the manufacturer
and noted that a startup tech will be onsite to ensure the equipment is running properly. He stated
that the testing is done in the factory and the published results are conservative and therefore field
performance typically comes in under the published decibel result. He stated that field testing is
not typically completed unless there is an issue.
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Commissioner Witte commented that the specification sheet indicates a full sound load of 83
decibel and asked if that is next to the generator when operating and whether that level then drops
as you near the property line.
Chair Anderson responded that there is a drawing in the staff report which shows the sound rings
and levels that decrease as the distance from the generator increases.
Ross Graham, DLR Group, 520 Nicollet mall suite 200, Minneapolis, provided additional
explanation on the calculations that are used to determine decibel levels based on distance and the
manufacturers 20-foot decibel rating.
Commissioner Boo stated that the proposed resolution is clear that this generator would be used
for emergencies and would not be run on a regular basis. He commented that the sound data is
also clear and therefore he supports this request.
Motion was made by Commissioner Boo and seconded by Commissioner Markell to approve the
Site plan amendment to allow an emergency generator at 14405 21st Avenue. With all
Commissioners voting in favor, the motion carried.
Chair Anderson adjourned the meeting at 8:57 p.m.