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HomeMy WebLinkAboutPlanning Commission Minutes 03-19-2008Approved Minutes City of Plymouth Planning Commission Meeting March 19, 2008 MEMBERS PRESENT: Chair James Holmes, Commissioners Terry Jaffoni, Erik Aamoth, Frank Weir, Karl Neset and James Davis. MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Marie Darling, Planner Joshua Doty, City Engineer Bob Moberg and Office Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Chair Holmes announced that item 5B is to be removed from the Consent Agenda and will become item 7B under New Business. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the March 19, 2008 Planning Commission Agenda as amended. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MARCH 5, 2008 PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the March 5, 2008 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved with Commissioner Aamoth abstaining. 6. PUBLIC HEARING A. INLAND COMMERCIAL PROPERTY MANAGEMENT, INC. (2007114) Chair Holmes introduced the request by Inland Commercial Property Management, Inc. for a conditional use permit and site plan amendment for an additional retail building to be Approved Planning Commission Minutes March 19, 2008 Page 2 called the "Shops of Plymouth Town Center" on the west side of the Cub Foods parking lot located at 3550 Vicksburg Lane North. Senior Planner Darling gave an overview of the March 11, 2008 staff report. Senior Planner Darling added that the applicant is requesting additional time and that staff recommends that the Planning Commission continue the public hearing to the April 16, 2008 Planning Commission meeting. Chair Holmes opened the public hearing. MOTION by Commissioner Jaffoni, seconded by Commissioner Weir, to continue the public hearing to the April 16, 2008 Planning Commission meeting. Vote. 6 Ayes. MOTION approved. 7. NEW BUSINESS A. CITY OF PLYMOUTH Chair Holmes introduced the request by the City of Plymouth for consideration of an Environmental Assessment Worksheet for the Plymouth Creek Water Quality Ponds Project for property located in and adjacent to West Medicine Lake Park. City Engineer Moberg gave an overview of the March 12, 2008 staff report. Commissioner Jaffoni asked if the Environmental Quality Committee had a chance to look at this report. City Engineer Moberg said that he did not know if this report was taken directly to that committee for their consideration but that as this project moves forward through the process, there will continue to be dialogue with that committee. Commissioner Jaffoni asked what the capital cost is. City Engineer Moberg said that in the Feasibility Report, the project cost was $900,000. Chair Holmes asked if the finished project would be similar to the project completed several years ago on the east side of Medicine Lake. City Engineer Moberg said that there are some similarities and some very distinct differences. He said that two ponds were created on the east side. He said that this situation is unique in that they are diverting the flow of water and are essentially trying to provide treatment to Plymouth Creek itself. He said that another difference is that they are also dealing with existing wetlands and doing excavation in the wetlands themselves. Chair Holmes asked when this project is anticipated to start. City Engineer Moberg said that if they are successful in moving forward in the permitting process, this project would start in November or December 2008. He said that since they are dealing with water, they Approved Planning Commission Minutes March 19, 2008 Page 3 would be trying to work without the addition of snow melt or major rain events during the construction. Commissioner Jaffoni asked how long this project would take to complete. She said that the report clearly reflected some concern for the Blanding's turtle, which burrows in wetland mud during the winter. She said that if the project is in the deepest part of the wetland and done during the winter, then it would avoid interfering with the turtles and be less of a risk than when the turtles come out to breed and travel. City Engineer Moberg said they would like to expedite this project to get it done as quickly as possible. He said that this project is surrounded by residential property and that they will need to balance the duration of construction activity to limit the impact on species and the neighborhood. Chair Holmes introduced Steve Chase, 11901 23rd Avenue North, representing the Medicine Lake Community Club. Mr. Chase said that he was interested in the slope so that kids don't fall into the pond. He asked if flooding would add any water flowage to the neighborhood. He asked if there will be an increase in mosquitoes and if there is a plan to treat them. He said the location is very nice as it is not abutted to houses and environmentally friendly. City Engineer Moberg said that they are proposing all perimeter slopes around both basins, which would be at 5 to 1. He said that is somewhat more flat than what is typically seen, usually 3 to 1 or 4 to 1. He said that in the vicinity of normal water levels, a 10 to 1 slope is proposed. City Engineer Moberg said that the potential for flooding is very well defined in the 100 - year floodplain of Plymouth Creek. He said the design being put together is very clear and that there wouldn't be any changes in elevation as it must stay as is. He said that Medicine Lake is a fixed elevation and it is not a situation where they would need to look at building berms. He said that the site would all be excavated as opposed to building the site up. City Engineer Moberg said that the project being proposed is within the footprint of what is already legally defined as wetlands. He said that the proposed ponds would have more open water rather than seasonal, shallow water where mosquitoes are more abundant. Commissioner Neset asked if these ponds would be treated by helicopter like other ponds in the city. City Engineer Moberg said that these ponds would also be in the Metropolitan Mosquito Control District jurisdiction and treated like the other ponds. Chair Holmes introduced Billy Jarmon, 2310 Kirkwood Lane North. Mr. Jarmon asked to receive a packet of the proposed project and the maps so that he could see the actual work that is proposed to be done in the area. Approved Planning Commission Minutes March 19, 2008 Page 4 Chair Holmes said that the packet could be found on the City's website. City Engineer Moberg said that this Environmental Assessment Worksheet is the first step in the whole process that will need final approval by the City Council and a map of the project will then again be available to the public on the City's website. Chair Holmes introduced Kurt Leuthold, 1810 Oakview Lane North. Mr. Leuthold said that from the stormwater standpoint, this is a very good project for Medicine Lake. He asked if there are any park improvements planned for the west side of Medicine Lake Drive. He said that he would like to suggest that the final stormwater pond take on as little interference as possible so that the pond will look like it belongs there. He said that a significant amount of wetlands would be impacted and he asked where the mitigation would take place. He asked if there would be an estimate of the number of trees that would be taken out. City Engineer Moberg said that there is a long term planning goal to have a trail improvement along Plymouth Creek and for a connection to Medicine Lake Park. He said that from the short term standpoint, he is not aware of any proposed improvements on the west side. He said that the Park Department does want a future building on the east side of the park and if it is not completed with this project, it would need to be set up as a future improvement. He said that there would be a boardwalk crossing to the anticipated building. City Engineer Moberg said that they are trying to work through the issue of wetland mitigation with the regulatory agencies and the number of different interpretations of the mitigation language. He said that preliminary findings have identified potential sites that are not owned by the City. He said that regulatory permits would be required as part of the mitigation plan. City Engineer Moberg said that in this preliminary state, there is not an exact count of trees that will be affected by this project. He said that as they move forward with this design, they would be working with the Park Department on a landscaping plan that would include trees and the type of grass to be used on the slopes. City Engineer Moberg said that this project is planned to primarily be excavation with alterations to vegetation. He said that it will be more open water than what is there today and that they would try to recreate a natural setting. Commissioner Aamoth asked if securing sites for mitigation could delay the project. City Engineer Moberg said that was certainly a possibility. Chair Holmes introduced Jeff McCurdy, 1835 Kirkwood Lane North. Mr. McCurdy asked how this project would reduce sediment. He said that it looks like there would be open water when they create the second pond and that one pond would be higher than the other Approved Planning Commission Minutes March 19, 2008 Page 5 with one flowing into the other and then into Medicine Lake. He asked what could be done to keeps boats and canoes from being allowed or discouraged from this area. City Engineer Moberg said that by creating a two -cell system, more sediment would be removed in the first cell. He said that they are looking more at reducing phosphorus and that the most effective way to accomplish this would be by creating a long draw to give the phosphorus adequate time to settle out. He said the phosphorus becomes the source for algae in the lake. City Engineer Moberg said that they do not prohibit activities, such as boats and canoes, from lakes and ponds. Chair Holmes introduced Jeff Feller, 2110 Oakview Lane North. Mr. Feller said that when the City rerouted the road that it was a wonderful deal in that it created the nicest beach and park in the metropolitan area. He said that where the walkway goes across now is a buffer on the beach. He asked what is gained by a holding pond and what advantage is there in digging up the wetland on the west side. He said that both creeks dry up in the summer and that no water gets in to that lower part. He asked why one pond on the other side of Medicine Lake Drive wouldn't take care of the issue. City Engineer Moberg said that a very unique element is the fact that the stream goes through the center so there would always be moving water, even during a drought. He said that anything that can be done to try to capture more phosphorus will improve water quality in Medicine Lake. He said that other options were explored to go further to the west but that this was the best solution. Commissioner Jaffoni said that projects have to be done and that there isn't always an ideal situation because of weighing advantages and benefits. She said that she could see the impact to the turtle habitat and that it is unfortunate that this has to be done to gain phosphorus removal. She said that this should be kept in mind as it may be a sensitive area. She said that this is a good project and that it seems to be supported by residents as well. Chair Holmes said that as the project moves forward, he recommends that the City work with the community and the neighbors nearby to explore options and limit the impact of the construction site to the neighborhood. MOTION by Commissioner Weir, seconded by Commissioner Davis, to forward the Environmental Assessment Worksheet for the Plymouth Creek Water Quality Ponds Project for property located in and adjacent to West Medicine Lake Park and to include the comments presented by citizens and the Planning Commission to the City Council. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes March 19, 2008 Page 6 B. TITUS MHIRIPIRI (2008008) Chair Holmes introduced the request by Titus Mhiripiri for variances for side yard setback and impervious surface area coverage to allow construction of a new home for property located at 2422 Hemlock Lane North. Planner Doty gave an overview of the March 11, 2008 staff report. Planner Doty said that an email from Kathleen Johnson, 2418 Hemlock Lane North, has been added to the public record. He said that Ms. Johnson has concerns about construction vehicle parking and for the preservation of trees along the shared property line. Planner Doty said that staff recognizes that the street along the west side of the property is quite narrow and that on -street parking would be difficult to achieve. He said that the applicant has two possible solutions. The applicant currently owns and lives two houses down from the subject site and can provide construction parking on that property. He said that the neighboring property owner to the north of the subject property has also said that construction vehicles could park in their driveway. Planner Doty said that Ms. Johnson is concerned about three trees on the property line and asks that the construction of the retaining walls be limited to the amount possible to reduce the impact to the trees. He said that soil would be added over the tree root system along the side of the home and to a depth of seven feet at the back of the home. Planner Doty said that staff did review the tree situation with the City Forester. He said that the City considers whether a tree is destroyed or not based on the critical root zone of the tree. He said that to determine if a tree can be saved, 75 percent of the root zone must be undisturbed. He said that each tree would have impact to their critical root zone. Commissioner Aamoth asked how high the retaining wall would be. Planner Doty said that the retaining wall is tiered with two, four -foot sections and that the retaining wall may be slightly higher with additional grade. Chair Holmes asked for the probability that the trees would survive. Planner Doty said that the City Forester was hesitant to make a statement either way because each tree is unique and there are factors to consider, such as, where roots grow and soil conditions. Planner Doty said that the three trees were there in 1988 when Ms. Johnson's house was constructed. Chair Holmes asked if the six-foot side yard setback variance is requested because of the roof slope that overhangs the exterior of the house. Planner Doty said that the variance request is for the bathroom walls above the garage and for the mud room wall. He said the rest of the home would meet the setback requirements. Approved Planning Commission Minutes March 19, 2008 Page 7 Commissioner Aamoth asked what recourse the current property owner would have if the trees die. Planner Doty said that when trees die near the property lines, it could become a civil issue between property owners. Chair Holmes introduced the applicant, Titus Mhiripiri, 2525 West Medicine Lake Drive. Mr. Mhiripiri said that his intentions would be to save the trees. He said that the trees give seclusion and that he likes trees. He said that while working with the designer and the planner, his idea was to move the retaining walls closer to the house on the southeast side and bumping them out further on the northeast side to meet building code requirements. Commissioner Davis asked if tree roots would be taken out while excavating the house so that the next strong wind would knock those trees over. Planner Doty said that only fill is planned and that soil would be placed in the retaining wall areas. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by Titus Mhiripiri for the variances for side yard setback and impervious surface area coverage to allow construction of a new home for property located at 2422 Hemlock Lane North. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 8:15 p.m.