HomeMy WebLinkAboutPlanning Commission Minutes 06-19-2013Approved Minutes
City of Plymouth
Planning Commission Meeting
June 19, 2013
MEMBERS PRESENT: Chair James Davis and Commissioners Bryan Oakley, Scott Nelson,
Marc Anderson, and Dick Kobussen
MEMBERS ABSENT: Commissioners Nathan Robinson and Gordon Petrash
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling,
Senior Planner Shawn Drill, Senior Planner Josh Doty 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 Oakley, seconded by Commissioner Kobussen, to approve the June
19, 2013 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE JUNE 5, 2013 PLANNING COMMISSION MEETING
MINUTES
Chair Davis noted his name was mentioned in the minutes and asked to have his name removed
as he was not present at the June 5, 2013 meeting.
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
amended June 5, 2013 Planning Commission Meeting Minutes. Vote. 5 Ayes. MOTION
approved.
B. TERRA VISTA HOMEOWNERS ASSOCIATION (2013044)
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
request by the Terra Vista Homeowners Association to approve variances to allow a five-foot
fence and deck in a front yard at 16605 59th Avenue. Vote. 5 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. PETE PETER (2013027)
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Chair Davis introduced the request by Pete Peter for rezoning and preliminary plat for "Holly
Lane Addition" for two single-family lots for property located at 4400 Holly Lane.
Senior Planner Doty gave an overview of the staff report.
Commissioner Anderson said the final plat does not show the house and driveway locations. He
asked if we need to say the garage/driveway has to be a on to the north side of the house, as
theoretically it could be closer to the intersection than shown on the applicant's exhibit and be a
problem.
Senior Planner Doty said if the driveway were further south it could create a problem, and the
city will review the driveway distance from the intersection at the time of the building permit to
ensure that it complies with zoning ordinance requirements.
Commissioner Anderson asked if the existing lot never paid for a park dedication fee and that is
why the park dedication fee is for two lots.
Senior Planner Doty said that the lot predates the dedication requirement, so no park dedication
fees have ever been paid. Consequently, the applicant is required to pay for two new lots.
Chair Davis asked why there is a hook in the lot line and why it is not parallel to the street.
Senior Planner Doty explained there is a sanitary sewer manhole at the lot line and the sewer line
goes to the manhole. Senior Planner Doty said the lot line was brought to the manhole so that
there would be no need for easements and for private sewer service to each lot. He added that
the lot line also follows the existing driveway.
Chair Davis introduced Mr. Peter, 4400 Holly Lane, who said he is just a taxpayer doing a
simple lot division but it has been more complicated and more expensive than he thought. Mr.
Peter applauded Senior Planner Darling and Senior Planner Doty, who have been very helpful,
and Commissioner Anderson for noticing the duplicate park dedication fee. He said he is
astonished a 20 -year old home could be dubbed non-existent for purposes of paying a duplicate
park dedication fee. Mr. Peter said the cost for blue signs, rezoning fees, and engineering are a
25,000 ante just for the privilege of creating a new lot. Mr. Peter voiced strong disagreement
with the duplicate park dedication fee, as he is not creating two lots as a result of having had
zero, rather creating an additional lot halved out of one. Mr. Peter said he will follow policy but
suggests the policy was not necessarily intended to apply to a condition like this. Mr. Peter said
the neighbor to the east has a low spot with cat tails growing. He said he does not refute
drainage issues, but is concerned the burden rests solely with him with creating this lot to
preclude any future drainage going into that low spot. Mr. Peter stated that the purported
problem area lives on that lot, and the solution to the problem lives on that lot. Mr. Peter said he
will submit a revised plan and his engineering consultant thinks it is feasible.
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Commissioner Oakley asked for clarification about the low spot and how the correction rests
solely with Mr. Peter.
Mr. Peter said a condition of recording the final plat is to show that the drainage to the
neighbor's property would not increase from the lot split. Mr. Peter said this is his problem and
his expense to show that the condition would not change. The condition has already been
demonstrated and addressed by the homeowner. He said the homes have been here for 20 years,
and there has been no change in topography for 20 years. Mr. Peter added that his basement slab
is lower than the neighbor purporting the problem, and his home is closer to the low spot and he
has never had issues.
Chair Davis suggested Mr. Peter express his concerns about the park dedication fee to the city
council.
Chair Davis opened and closed the public hearing.
Commissioner Kobussen asked about the tree preservation requirement in regard to removing the
four trees.
Senior Planner Doty said the four trees could have some potential impact due to grading of the
site and providing utilities. He said percentages in the staff report show compliance. He said it
is better to show trees that might be impacted rather than a homeowner getting into a situation
where they might be fined by the city.
Commissioner Nelson asked about the current and revised draining plans and what was deficient
about the draining plan.
Senior Planner Doty said it is inherently a property owner's responsibility to not worsen
drainage. He said that the condition was added to review the grading plan or other measures to
show that drainage will be accommodated.
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
request by Pete Peter for rezoning and preliminary plat for "Holly Lane Addition" for two single-
family lots for property located at 4400 Holly Lane. Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
B. PARK NICOLLET HEALTH SERVICES (2013028)
Chair Davis introduced the request by Park Nicollet Health Services for reguiding, rezoning,
preliminary plat and site plan for a new Park Nicollet Clinic facility for property located at 4155
County Road 101.
Senior Planner Drill gave an overview of the staff report.
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Commissioner Kobussen asked if adequate parking would be available after stalls are removed to
meet the parking setback.
Senior Planner Drill said a few parking spaces would need to be removed, but there is ability to
replace those elsewhere on the site.
Chair Davis noted the street would be close to the existing Len Busch Rose buildings and asked
if there is any concern.
Senior Planner Drill said the frontage road has been planned in this area for over ten years.
Although the new street would be close to the existing buildings, it was planned so it would fit
within that space. He said the existing buildings are lawfully non -conforming to the setback
regulations.
Commissioner Anderson asked what kind of uses could go on the outlots.
Senior Planner Drill said there is some developable land to the west which would remain guided
LA -4 for high density residential development in order to create a mixture of uses on the site.
Commissioner Anderson asked about the two ponds in the outlot.
Senior Planner Drill said the ponds could be expanded to accommodate future development of
the outlot areas.
Commissioner Nelson asked if the drainage on this lot would go primarily to the outlot.
Senior Planner Drill said the majority of the runoff would flow to the ponds in the west portion
of the site, and ultimately to the large wetland basin.
Commissioner Kobussen said the frontage road was an issue at the last meeting, and asked if we
have any idea when it will go through. He noted there is so much wetland, and questioned if it
would ever get constructed. He said the property to the north will have wetland impact issues.
Senior Planner Drill said the frontage road timing is an unknown issue at this time. He said
completion of the frontage road would require wetland filling. Senior Planner Drill said that will
ultimately be a future city council policy decision as to whether the frontage road would get
extended all the way through.
Chair Davis introduced the applicant, Robert Riesselman. Mr. Riesselman said Park Nicollet is
interested in moving from the Highway 55 and Harbor Lane location to the new setting and grow
their business as the community grows. He said their goal is to improve community health,
improve the patient experience, and reduce the cost of health care with a facility that will be
efficient and patient friendly, but not ostentatious. Mr. Riesselman said they met with the
neighborhood June 4th and their intention is to be good neighbor.
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Commissioner Nelson asked if the facility would include urgent care and what the normal
business hours of operation are.
Mr. Riesselman said there will be a small urgent care practice, and the hours may be 7:00 a.m. to
7:00 p.m., with some Saturday times possible.
Chair Davis asked if the Harbor Lane facility will close.
Mr. Riesselman said the Harbor Lane facility is a leased facility and will close.
Commissioner Anderson asked if they anticipate ambulances visiting and how many times per
month.
Mr. Riesselman said ambulances would not be dropping patients off. He said ambulance visits
would be seldom, maybe one per week at most to pick patients up. He reiterated this is an urgent
care, but not an emergency center.
Chair Davis opened the public hearing.
Chair Davis introduced Patrick Busch, 18500 Medina Road, who said he supports the project.
He said their business is heavily affected by it. Mr. Busch said they are required to remove a
house for the road improvements as a result of an agreement made with the city in 2000. Mr.
Busch said his concern is the loading dock as semi's currently turn around and then back into the
loading area. He said with the future road they would be nosing into the frontage road. Mr.
Busch said for maneuvering, they will need to use property by the house to the south which is on
top of an existing septic system and they may have to hook up to city sewer and alter their
loading docks. He said they may need some flexibility as to where the driveway connects with
the frontage road, and if the city can work with them. Mr. Busch said the road would be ten feet
from their building and there is concern about the drainage from the greenhouse roof and the
road with heavy downpours.
Chair Davis introduced Larry Tolle, 4429 Urbandale Ct., who said he supports the project but
has concern about drainage on the back of the project to the west into the wetland as there are
drainage issues now. Mr. Tolle said there is concern about additional surface water. He asked if
the proposed drainage ponds would overflow with big rains. Mr. Tolle asked if water can shed
toward County Road 101 or Highway 55 to alleviate some water from the wetland. Mr. Tolle
asked if the future frontage road, that may or may not be built in the future, would tie into the
existing frontage road south of Highway 55 and asked if that would result in more traffic. Mr.
Tolle said Park Nicollet and other developments coming to the west would add more cars.
Chair Davis introduced Tony Jakubiak, 4420 Urbandale Ct., who said he has concerns about
traffic. He said nothing is being done as far as making traffic more bearable. Mr. Jakubiak said
the proposed Park Nicollet is a good idea if there is good water drainage. He said the Park
Nicollet engineers did a great job. He anticipates 280 patients per day and questions if Highway
55 and County Road 101 can handle that.
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Chair Davis closed the public hearing.
Planning Manager Thomson said the city will work with Mr. Busch regarding flexibility for the
driveway location. She said there has been discussion about loading dock changes and that
would occur when we get to that level of detail. She deferred the issue of drainage between the
buildings and road to the Park Nicollet engineer.
Vickie VanDell, Loucks and Associates, showed drainage patterns for the site. She said they
will work with engineering to make sure there are no concerns. Ms. VanDell stated they are
required to meet rate and volume controls, and the rate of runoff would be the same after the
project is built.
Commissioner Anderson asked if it has been determined how much additional water would go
into the wetland, and whether there would be an increase in the water level within the wetland.
Ms. VanDell reviewed the grading plan and said there are infiltration areas on the northwest side
and a large portion of building will be discharged there. She stated that the drainage plan would
meet all city and watershed requirements for rate control, volume control and water quality.
Commissioner Anderson asked if there is a calculation for the water going into the wetland.
Ms. VanDell said they have not done that analysis, but rather they are required to design for a
100 -year event which they have demonstrated.
Commissioner Anderson asked if the drainage plan for the frontage road has taken into
consideration Mr. Busch's comment about the amount of runoff from the greenhouse roofs.
Ms. VanDell reviewed the drainage to the catch basins. She said one area might be tight and
they would look at lowering that area to ensure drainage away from the buildings.
Planning Manager Thomson said there was a concern raised about drainage to the west and for
properties along Urbandale Court.
Ms. VanDell reiterated they are meeting all requirements for a 100 -year event, and that all runoff
and the rate it gets into the wetland would comply with watershed rules.
Planning Manager Thomson asked if this development would exacerbate any existing conditions.
Ms. VanDell answered that it would not exacerbate existing conditions.
Planning Manager Thomson asked about the future frontage road and where it would connect.
Senior Planner Drill reviewed the transportation plan for the future major collector roadway.
Planning Manager Thomson said if it is connected, there would be more traffic and that has been
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anticipated in the Comprehensive Plan. Senior Planner Drill said the surrounding road system
has the capacity and was designed to handle traffic from this development site as well as other
future development in the area.
Chair Davis asked how wide the strip of land is between the east side of the new frontage road
and County Road 101.
Senior Planner Drill said that area is roughly 20 feet wide and includes a county trail.
Commissioner Anderson said this is a great project and he supports it. He said it is disappointing
to hear about drainage issues and doesn't think there is a solution that has been presented, and he
is not sure we have a good definition of a problem. Commissioner Anderson said if there is a
drainage problem but we do not have sufficient evidence to know that, it is more of an
engineering issue. Commissioner Anderson said this needs to be explored more to see if
anything can be done.
Planning Manager Thomson said at this level of review, we no longer require the same amount
of detail with respect to engineering details. She said the developer must have city approval of
final construction plans before they can build this project.
Commissioner Nelson said he is in favor of the project, as it is a great site and benefit to the city.
He said he has trouble visualizing a future frontage road through the wetlands. Commissioner
Nelson said he can see the frontage road serving the Park Nicollet site, but has trouble
visualizing the amount of traffic if the frontage road gets extended in the future with more
developments in this area. Commissioner Nelson said this won't prevent him from voting to
recommend approval, but he wants to be on record that he has trouble visualizing traffic along
this route.
Chair Davis said he is in favor of the project and is concerned about the frontage road, but
concurred with Commissioner Nelson that it won't prevent him from recommending approval of
the proposal. He said if the future frontage road connects to the existing frontage road, that
could be a major shortcut around the Highway 55/County Road 101 intersection. Chair Davis
said there are a lot of turns and he is not sure it would be a safe environment. Chair Davis said
this looks like a nice looking building at a gateway corner for the city.
MOTION by Commissioner Oakley, seconded by Commissioner Nelson, to recommend
approval of the request by Park Nicollet Health Services for reguiding, rezoning, preliminary plat
and site plan for a new Park Nicollet Clinic facility for property located at 4155 County Road
101. Roll Call Vote. 5 Ayes. MOTION approved unanimously.
C. K. HOVNANIAN HOMES (2013029)
Chair Davis introduced the request by K. Hovnanian Homes for rezoning and preliminary plat
for "Cedar Hollow West" for 33 single-family lots for property located at 4340 Brockton Lane.
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Senior Planner Darling gave an overview of the staff report and the revised resolution.
Commissioner Kobussen asked about the trail to the pond which looks like a stub in private
property.
Senior Planner Darling said that road is not a trail segment; it is a required access to allow
maintenance vehicles to reach the pond.
Commissioner Anderson asked if there would be retaining walls on both sides of the pond to the
north.
Senior Planner Darling said the applicant is proposing to step grades down from the homes to the
pond on one side and to help contain the pond on the other side. She said a fence would be
required if the wall height exceeds four feet.
Commissioner Anderson asked if an alternative plan was considered to reduce density to stay
within the tree limit of 50% loss rather than the proposed 60%.
Senior Planner Darling said staff did not ask them to reduce lots to reduce tree loss in this area.
Chair Davis asked if the developer will have to get an easement to get the sewer to this
development because the Arbor Grove 3rd Addition has not started.
Senior Planner Darling said they will either acquire an easement from the property owner to the
north or wait until the subdivision approval process is completed and the construction process
begins.
Commissioner Nelson asked if roads from the Arbor Grove 3rd Addition and this proposed
development lead to Brockton Lane.
Senior Planner Darling said the development would connect to Brockton Lane and would
connect to Arbor Grove 3rd, which accesses Brockton Lane as well. The site also provides a stub
to the property to the south.
Commissioner Kobussen asked about the connection between the proposed park land on this site
and the Cedar Hollow site to the east and who be responsible to develop the trail segment within
the park.
Senior Planner Darling said when the park property is master -planned, the city will develop the
trail system within the park.
Chair Davis introduced the applicant, Kevin Clark, 12701 Whitewater Dr. #120. Mr. Clark
commented this area is slowly piecing together the neighborhood park system, so other
developments that come later will continue to fill in the missing gaps. He also noted that the trail
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from Arbor Grove will connect west to Cedar Hollow to the planned park, and there is a trail
connection through the cul-de-sac to the park boundary.
Commissioner Anderson asked about the timing of this project as you can't grade until you have
sewer.
Mr. Clark said the City Council has approved a preliminary plat to the north, and there is a party
interested in developing that plat. He said they anticipate starting in 2014 and said the condition
is not objectionable.
Commissioner Anderson asked if they looked at fewer lots per acre to preserve the trees to stay
within the 50% limit.
Mr. Clark said this tree scenario is much less than what was originally reviewed. He said their
first directive was to complete the sewer and water connection through the end of the cul-de-sac
and that would have required more tree removal. Mr. Clark said they pulled the cul-de-sac back
and kept all lots away from the delineated wetland to alleviate additional tree removal.
Chair Davis opened the public hearing.
Chair Davis introduced Patrick Busch, 18500 Medina Road. Mr. Busch commented this
property contains 100 -year old mature maples and he is sad to see those trees go. He would like
to see some development that did not require that amount of tree loss and should be planned with
the adjacent site in the future. He said it seems shortsighted to develop this piece alone. He
added that his father owns the adjacent piece, and there has been some discussion on that.
Chair Davis closed the public hearing.
Chair Davis asked about the resolution.
Planning Manager Thomson clarified that prior to grading, the applicant must obtain either an
easement or direct physical access to sanitary sewer at the north property line.
Commissioner Anderson said we don't know the timing of the sewer connection, and asked if it
is logical to think this project is premature.
Senior Planner Darling said that would be a strict interpretation. She stated that a number of
subdivisions have had to wait until adjacent property subdivides, so it is not unusual to have a
subdivision hold until the property next door develops and brings utilities through.
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to recommend
approval of the request by K. Hovnanian Homes for rezoning and preliminary plat for "Cedar
Hollow West" for 33 single-family lots for property located at 4340 Brockton Lane.
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Commissioner Nelson said he wished there was a road connection between the two Cedar
Hollow developments. He stated that developments, such as the one in Medina that Senior
Planner Darling had displayed earlier, are going to keep coming up. Commissioner Nelson said
this seems a little shortsighted, but he understands developers have to maximize the property.
Chair Davis asked if we have heard from the City of Medina regarding traffic, as we had
feedback on an earlier development.
Senior Planner Darling said she had spoken with their city planner and gave him copies of this
proposed development. She noted this is a smaller development and it accesses Brockton Lane,
which is a shared road with the City of Medina. Senior Planner Darling said the northerly access
for the Enclave Subdivision in Medina lines up with the public street in the Arbor Grove
3rd
Subdivision. She said the proposed access to Cedar Hollow would be far enough away from the
southerly access to the Enclave to meet standard design requirements.
Chair Davis said he will approve this as he can't think of good reason not to approve it, but he is
not thrilled with it. He concurred with Commissioner Anderson who said he thinks this is
premature. Chair Davis said he would like to see others come into play first. Chair Davis said he
does not like the way it flows and that the two Cedar Hollow projects are not connected.
Senior Planner Darling said initially there was discussion with the developer about bringing this
road all the way through. She said there is a neighborhood park planned and the park was
chosen for this location to service this area but also to protect some larger tree resources. The
majority of the land is heavily treed with enough open area to develop standard park features.
Chair Davis stated he is not going to approve it as there are issues the City Council should
review.
Roll Call Vote. 3 Ayes. MOTION approved. Chair Davis and Commissioner Anderson voting
Nay.
D. INSITE ARCHITECTS (2013039)
Chair Davis introduced the request by InSite Architects for a preliminary plat for "West
Suburban Health Campus 4th Addition" for one new lot for property located at 3005 Campus
Drive.
Senior Planner Darling gave an overview of the staff report.
Commissioner Nelson asked if there are any major changes from what was approved before and
the new preliminary plat and subdivision.
Senior Planner Darling the subdivision has had changes along the proposed north property line,
simply due to building code issues. She said other changes to the building is due to other
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building code requirements, and the new building is separated with a walkway connecting it to
the other buildings.
Commissioner Anderson asked if there are any setback issues with this proposal.
Senior Planner Darling said the setbacks were determined from the base lot, and the new
property lines are not a factor.
Commissioner Kobussen asked why we are giving a two-year expiration date rather than one.
Senior Planner Darling said they have also applied for final plat approval and that approval is for
two years.
Chair Davis asked how quickly they will begin work on this project.
Chair Davis introduced Allen Black, representing Presbyterian Homes and West Health. Mr.
Black said they anticipate October 1 St as a start date. He said they might start on the parking lot
September 1St
Chair Davis opened and closed the public hearing as there was no one present to speak on the
item.
MOTION by Commissioner Kobussen, seconded by Commissioner Anderson, to recommend
approval of the request by InSite Architects for a preliminary plat for "West Suburban Health
Campus 4th Addition" for one new lot for property located at 3005 Campus Drive. Roll Call
Vote. 5 Ayes. MOTION approved unanimously.
E. BRIGHTMONT ACADEMY (2013041)
Chair Davis introduced the request by Brightmont Academy for a zoning ordinance text
amendment to allow tutoring/learning centers in the C-3 (highway commercial) zoning district.
Senior Planner Doty gave an overview of the staff report.
Chair Davis introduced the applicant, Kirt Nilsson, who said Brightmont Acadamy is a private,
accredited academy for Grades 6-12 with one-to-one learning. Mr. Nilsson said they are excited
about their mission.
Commissioner Nelson asked if there are other Brightmont Academy facilities.
Mr. Nilsson responded they have eight facilities in other markets, but none here.
Chair Davis opened and closed the public hearing as there was no one present to speak on the
item.
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Commissioner Nelson said it is great when a new business comes to Plymouth. He added it is
nice to have someone new to the area as well.
MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to recommend
approval of the request by Brightmont Academy for a zoning ordinance text amendment to allow
tutoring/learning centers in the C-3 (highway commercial) zoning district. Roll Call Vote.
5 Ayes. MOTION approved unanimously.
7. NEW BUSINESS
Chair Davis said there will no Planning Commission meeting July 3, 2013.
8. ADJOURNMENT
MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:56 p.m.