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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 Approved Planning Commission Minutes July 7, 2010 Page 2 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. Approved Planning Commission Minutes July 7, 2010 Page 3 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. Approved Planning Commission Minutes July 7, 2010 Page 4 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. Approved Planning Commission Minutes July 7, 2010 Page 5 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. Approved Planning Commission Minutes July 7, 2010 Page 6 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) Approved Planning Commission Minutes July 7, 2010 Page 7 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. Approved Planning Commission Minutes July 7, 2010 Page 8 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. Approved Planning Commission Minutes July 7, 2010 Page 9 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.