HomeMy WebLinkAboutPlanning Commission Minutes 07-07-2010Approved Minutes
City of Plymouth
Planning Commission Meeting
July 7, 2010
MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Nathan
Robinson, Gordon Petrash, Scott Nelson and Erik Aamoth (arrived at 7:06 p.m.)
MEMBERS ABSENT: Commissioner Marc Anderson
STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Marie Darling, Senior
Planner Joshua Doty, City Engineer Bob Moberg and Office Support Representative Janice
Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the
July 7, 2010 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE JUNE 16, 2010 PLANNING COMMISSION MEETING
MINUTES
MOTION by Commissioner Kobussen, seconded by Commissioner Robinson, to approve the
June 16, 2010 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. CITY OF PLYMOUTH (2007106)
Chair Davis introduced the request by the City of Plymouth for termination of the interim use
permit and revocation of the conditional use permit for Liberty Property Trust.
Planning Manager Senness gave an overview of the staff report. She asked that the request be
continued to the August 4, 2010 meeting to allow the Liberty Trust an opportunity to work out an
arrangement with the adjacent property owner to purchase the portion of their lot containing
needed parking. Planning Manager Senness said no building permits are pending and there is a
good working relationship with Liberty Trust. She said it would protect the city to revoke the
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conditional use permit, but if we can work something out with Liberty Trust eliminating the need
to revoke, we are happy to do that.
MOTION by Chair Davis, seconded by Commissioner Kobussen, to continue the request by the
City of Plymouth for termination of the interim use permit and revocation of the conditional use
permit for Liberty Property Trust for property located at 9600 54th Avenue North to the
August 4, 2010 meeting. Vote. 6 Ayes. MOTION approved unanimously.
B. PULTE HOMES OF MINNESOTA (2010041)
Chair Davis introduced the request by Pulte Homes of Minnesota for rezoning and a preliminary
plat for "The Willows" for 46 single-family lots at the southwest corner of Juneau Lane and
County Road 47.
Senior Planner Darling gave an overview of the staff report. Senior Planner Darling said the
applicant has proposed an alternative water main design that would increase the size of the water
main at Niagara Lane to 10 inches and would serve the remainder of the development with the fl-
inch water main. She said staff is supportive of this alternative design as it will provide adequate
flows and pressure.
Commissioner Kobussen asked where the trails and sidewalks would be located and who would
be responsible for their maintenance.
Senior Planner Darling said with the reconstruction of Co. Rd. 47, trails would be on both sides
in the right-of-way. From Co. Rd. 47, a trail on the south and west sides of Niagara Lane would
be required, which would provide access to the trail connecting Co. Rd. 47 into the Legacy
Greenway Park. The applicant is required to install a sidewalk connection to that trail. Senior
Planner Darling said the applicant would install sidewalks along one side of each local street on
the internally looped streets and a sidewalk along 59th Avenue to Juneau Lane. She said an
optional loop for the Northwest Greenway would be constructed on the southwest border with a
boardwalk through the city -acquired land and across the wetland to the main trail. Senior
Planner Darling said the applicant proposed a neighborhood connection to the Northwest
Greenway trail and staff suggested they move it between Lots 5 and 6 as that would be closer to
the trail. Senior Planner Darling stated that the homeowners association will be required to
maintain sidewalks and the city maintains the trails.
Commissioner Petrash asked about the difference in construction of a trail and a sidewalk.
Senior Planner Darling said a trail is 8-10 feet wide and constructed of asphalt; sidewalks are
concrete and 5 feet in width.
Commissioner Petrash asked if the city is responsible for snow removal on the trail.
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Senior Planner Darling said we do not remove snow from all trails, and added there is a plan
identifying which trails have snow removal.
Commissioner Petrash said his concern is snow removal from the trail on Co. Rd. 47 to the
development.
Planning Manager Senness stated that snow removal by the city could become a priority for this
trail.
Chair Davis asked about the connection to the development from Outlot D.
Senior Planner Darling said Outlot D is city park property and it is part of this plat because the
applicant is proposing to construct the roadway across it. She clarified that it is Outlot J of the
Taryn Hills subdivision.
Chair Davis asked about the land swapped in return for the entrance at Niagara Lane.
Senior Planner Darling said one-half acre in the northwest corner is being swapped for one-half
acre of upland outside of the exceptional quality wetland to get the optional loop of the
Northwest Greenway.
Commissioner Kobussen asked if there would be enough room to put in Niagara Lane without
disturbing the wetlands and not putting in a huge retaining wall.
Senior Planner Darling said there would be no wetland impacts from that connection.
City Engineer Moberg said there is a possibility that a retaining wall would need to be
constructed on the south and west side of Niagara to support roadway improvements and the
trail. He added that at this stage those details are not completely ironed out, but would be
identified as a condition of the approval.
Commissioner Nelson asked if the tree preservation calculations take into account the 28 -foot
wide street.
Senior Planner Darling said the applicant would have to show they are providing restitution.
Commissioner Nelson asked about trees affected by oak wilt and how that affects the tree
preservation for the development.
Senior Planner Darling clarified that oak wilt does not set in until years after construction. She
said staff has suggested to the applicant to work to save the oaks adjacent to the roadway, but to
show them removed so there would be no penalty if they do have to be removed.
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Planning Manager Senness added that we try to be conservative and to have the applicant show
as many trees as possible that may be disturbed.
Commissioner Kobussen asked if the trees used for screening are counted as replacement trees.
He asked where they would be located if there is not room for the trees.
Senior Planner Darling said the planted trees would count toward their tree preservation. She
added they are proposing to put in more trees than required.
Chair Davis introduced the applicant Jason Wedel, Pulte Homes, 12701 Whitewater Drive,
Minnetonka. Mr. Wedel said the proposed development is a new line introduced to the
Minnesota market last year. He said they began one year ago with the acquisition and
development of this site. Mr. Wedel said they feel good about their working relationship with
city staff and have had a neighborhood meeting with adjoining property owners to see if there
were any concerns. He said 11 people attended and all feedback was positive. Mr. Wedel
displayed photos of homes from their Chanhassen development, showing the architectural
features and concrete driveways. Mr. Wedel said the 2,800 square foot, 3 -bedroom rambler has
been a very popular model as it appealed to not only empty nesters but young families. Mr.
Wedel stated they will try to do their best to fit homes in with trees that they can save. He said
there are no objections to the recommendations by staff. Mr. Wedel said he did feel because of
the size of the neighborhood and limited number of homes, that they could have done 24 -foot
streets, but chose to do 28 -foot streets at their own expense. He said that allows for more
parking and snow storage. Mr. Wedel said they would work with staff to find a better location
for the trail connection between lots 5 and 6 as there is a grade drop and the retaining wall would
be 8 -9 -feet tall.
Commissioner Nelson asked where the model homes would be located.
Mr. Wedel indicated Phase I would be on the western portion with model homes on the first two
lots at the main entrance.
Commissioner Nelson asked if trails would be in place prior to the development.
Senior Planner Darling said the trails outside of the development would not be in place until Co.
Rd. 47 is reconstructed. The neighborhood connection and optional greenway trail will go in
with streets and utilities.
Commissioner Kobussen asked if there are any concerns about shielding lights from Co Rd. 47
and 60th Avenue, or storing snow on both streets in a limited area.
Mr. Wedel said there is room between Outlots B and C to do a lot of plantings. He said they will
utilize existing trees and completely screen the area with wrought iron fencing and spruce -type
trees to provide year round screening.
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Chair Davis asked how wide the outlot would be at the thinnest portion.
Mr. Wedel said there is a 50 -foot right-of-way and the street is 28 -feet wide leaving 9-10 feet to
work with.
Commissioner Kobussen asked about access to the rain garden for maintenance by the
homeowners association.
Mr. Wedel said access would be deeded to the homeowners association so they would have
permanent access in and out of the rain garden.
Chair Davis opened the public hearing.
Chair Davis introduced Steve Gardner, 10717 10th Avenue N. Mr. Gardner said he has been
coming to meetings for nine years and said it is strange that numbers of trees is never brought up.
He said the proposed development has a beautiful oak forest and 133 gigantic oak trees will be
wiped out. Mr. Gardner said these are 150-200 year old trees. He said that doesn't count the
2,100 hickory, spruce, cherry, walnut and silver maple trees that will be gone. Mr. Gardner said
he is concerned about the same thing happening in the surrounding area. He said the Taylor
development will wipe out 126 oaks and a total of 2,500 trees. Mr. Gardner said the Trillium
Woods project will wipe out 72 oak trees; one Savannah oak is 42" and over 200 years old. Mr.
Gardner said this development will remove 1,450 trees, Wood Crest - 633 trees, Taryn Hills -
6,300 trees, and Hampton Hills - 1,365 trees. Mr. Gardner said the city does not count all the
trees. He said the city buys some property to save trees but it is mostly wetland. Mr. Gardner
displayed all developments from the past nine years representing 50,000 trees cut down, and said
there will be another 50,000 trees cut down by the time development gets to Medina. He said
this is a gorgeous oak forest that will be decimated with this development. Mr. Gardner said he
has been wasting his time at council meetings but hopes someone might be flipping through this
channel and sees we are on the verge of cutting down 100,000 trees in this city which also affects
the clean air, oxygen, and wild life.
Commissioner Petrash asked what he would propose as an alternative from a city perspective.
Mr. Gardner said his proposal would impact the profits of all development as you would have to
cut down on the number of units. He said this developer wants to want to make the streets
smaller but the city is fighting that. Mr. Gardner said no one wants to put in less houses because
trees don't pay property taxes.
Commissioner Petrash asked if there is a plan for the trees that would be removed to go to a
lumber yard.
Mr. Wedel said that is typically up to the tree removal company. He said if the tree has value
they do salvage it, dependant on price at the time of removal.
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Chair Davis introduced Judy Luedke, 17910 Co. Rd. 47 who said she built her home in 1975 and
planted 1,000 tree. Now in 2010 she and her husband have gotten old, the house is old and the
trees are old. She said it is hard to take care of all the trees, and they need to be cut down. She
said with a new house an old tree is not as healthy nor as pretty any more. Ms. Luedke said she
loves trees and is trying to make sense of all this. Ms. Luedke said she has now quit maintaining
the trees as it is too much work. She said their real estate taxes will be $60,000 or $70,000 per
year when they can't farm it and that is their problem. She asked how many people have planted
1,000 trees, but every one wants them saved. Ms. Luedke said people comment she should sell
the place to get the money; Ms. Luedke asked what she would do with money at her age. Ms.
Luedke said it is not that she doesn't appreciate Mr. Gardner trying to save the trees — she is
trying to give the other side of it.
Chair Davis closed the public hearing.
Commissioner Nelson said he appreciated the commentary from both citizens. He said from his
experience with houses he has built and property he has owned, trees have played a big role in
his life. Commissioner Nelson said there has been a lot of work on this plan and commended
staff and Pulte Homes. He said the landscaping, trail, and the enlarged entryway in the
northwest corner will be a benefit to the citizens. Commissioner Nelson said selling a house
with a big oak tree on it has more value than with no trees, and knows the developer will
preserve as much as they can. Commissioner Nelson said this is a good plan and he will approve
it.
Commissioner Petrash said he has lived in 15 different cities, and one reason he came to
Plymouth is because it is noticeably sensitive to open land and trees. He said we do have to
balance the development and individual lives of people who want to sell their property.
Commissioner Petrash said overall Plymouth is way ahead in sensitivity in managing tree
preservation.
Chair Davis said if we didn't have dedicated staff and a city council who has certain rules, a
developer could plow and start from scratch. He said the city works hard with the developer to
preserve as much property in its current position as possible. He said based on that, Pulte Homes
is working with the topography and city requirements, and Chair Davis said he will vote for
approval.
MOTION by Commissioner Nelson, seconded by Commissioner Petrash, to approve the
proposal for the alternative water main and the request by Pulte Homes of Minnesota for
rezoning and a preliminary plat for "The Willows" for 46 single-family lots at the southwest
corner of Juneau Lane and County Road 47. Roll Call Vote. 6 Ayes. MOTION approved
unanimously.
C. PLYMOUTH DEVELOPMENT CORPORATION (2010043)
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Chair Davis introduced the request by Plymouth Development Corporation for an interim use
permit to allow grading/excavation operations on three parcels related to installation of a sanitary
sewer line between Taryn Hills and the proposed Hampton Hills subdivision.
Planning Manager Senness gave an overview of the staff report. She said a condition in the
resolution has been added that until the City Council approves a wetland exemption, construction
work would only be allowed in the northern 850 feet of the line where no wetland would be
affected.
Commissioner Robinson asked what type of fencing would be used and where it would be
located.
Planning Manager Senness said there would be fencing in the areas where open trenching would
occur. City Engineer Moberg added that erosion control silt fencing would be used during the
construction activity.
Chair Davis introduced the applicant Rob Wachholz, Tradition Development, who said he was
informed of the wetland issue today. He said a wetland plan had been submitted and this is an
outcropping of some of the city's comments; he said he is not 100% convinced that the
comments are correct but will work to resolve that and said he hopes to bring a wetland plan
together to the council at the same time as the interim use permit. Mr. Wachholz said they have
been pushing the sewer process to bring the pipe to Vicksburg to avoid the temporary lift station
for Spring Meadows.
Chair Davis opened the public hearing.
Chair Davis introduced Rudy Newell, 15465 58th Pl. N. Mr. Newell asked for clarification if
trees in his backyard would be affected by the proposed work. He asked how the sewer would
connect into the property.
Planning Manager Senness said the sewer is at the southern end of the Taryn Hills development
and would not impact Mr. Newell's property. City Engineer Moberg added the sanitary sewer
line is a significant distance from the homes in Taryn Hills.
Chair Davis closed the public hearing.
Commissioner Nelson said he is in favor of anything that avoids the need to put in the temporary
lift station in Spring Meadows.
MOTION by Commissioner Petrash, seconded by Commissioner Nelson, to approve the revised
resolution and the request by Plymouth Development Corporation for an interim use permit to
allow grading/excavation operations on three parcels related to installation of a sanitary sewer
line between Taryn Hills and the proposed Hampton Hills subdivision. Roll Call Vote. 6 Ayes.
MOTION approved unanimously.
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D. SKY ZONE (2010045)
Chair Davis introduced the request by Sky Zone for a conditional use permit to allow an indoor
commercial recreation use within an existing industrial building at 13310 Industrial Park
Boulevard.
Senior Planner Doty gave an overview of the staff report.
Commissioner Nelson asked if food would be served for parties and events.
Senior Planner Doty said there would be concessions with pop and candy.
Chair Davis asked if the condition regarding parking has to be in the resolution for the city to
revoke the conditional use permit.
Senior Planner Doty answered affirmatively.
Commissioner Kobussen asked if trampolines have to be added to the get to the total number of
128 or is based on what they think the usage will be.
Senior Planner Doty said it is based on the capacity of people they can support on the three
fields.
Chair Davis introduced the applicant, David Hustrulid, 4832 Washburn Ave. S. who said he
agreed with the conditions in the resolution.
Commissioner Nelson asked when the business would be launched.
Mr. Hustrulid said they anticipate opening in late October or November.
Commissioner Robinson asked where signage would be located.
Mr. Hustrulid said there would be one sign on Industrial Park Boulevard and outdoor signage
above the door. He added nothing can be seen from State Highway 55.
Commissioner Kobussen asked where the parking would be located.
Mr. Hustrulid said 30 parking spaces are by the front doors, and there is additional parking in the
rear. He noted that this is a family-oriented business with 2-5 people coming in at one time. He
said he expected 30 cars to be a normal count.
Commissioner Kobussen asked if there is access from the rear of the building.
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Mr. Hustrulid said there is parking in the rear, but this business operates primarily during off
hours when there will be additional parking available.
Chair Davis opened and closed the public hearing as there was no one present to speak on the
item.
Commissioner Nelson said he thinks this is a cool concept, providing a unique destination for
trampoline aficionados. He said he appreciates somebody wanting to start a unique business in
our city and he will approve.
Commissioner Robinson said he fully backs this proposal. He said he has been to an
establishment like this and said you have not played dodge ball until you have played it floating
six feet in the air. Commissioner Robinson said this is a great venue for fitness and recreation
for kids.
Commissioner Kobussen said he does not like putting conditions that say if it doesn't work out,
the business has to move out. He said that is not a good idea but you have to protect the city.
Chair Davis said when he was a kid he used to enjoy the trampolines by the boardwalk. He said
this looks like it would be a lot of fun and gives kids something to do in the winter. Chair Davis
said he will support the proposal.
MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the
request by Sky Zone for a conditional use permit to allow an indoor commercial recreation use
within an existing industrial building at 13310 Industrial Park Boulevard. Roll Call Vote.
6 Ayes. MOTION approved unanimously.
7. NEW BUSINESS
8. ADJOURNMENT
MOTION by Chair Davis, without objection, to adjourn the meeting at 8:33 p.m.