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
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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
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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.
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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
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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.
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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.
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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.