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HomeMy WebLinkAboutPlanning Commission Minutes 05-01-2019Approved Minutes 1 of 8 Meeting of May 1, 2019 Approved Minutes Planning Commission Meeting May 1, 2019 MEMBERS PRESENT: Vice-Chair Bryan Oakley, Commissioners Julie Witt, David Witte, Justin Markell, and Jaspreet (Jesse) Narr MEMBERS ABSENT: Chair Marc Anderson and Commissioner Donovan Saba STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Kip Berglund and Senior Engineering Technician Trevor Quast OTHERS PRESENT: Councilmember Ned Carroll 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Witte, seconded by Commissioner Narr to approve the May 1, 2019 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE APRIL 17, 2019 PLANNING COMMISSION MEETING MINUTES B. DAIKIN APPLIED AMERICAS, INC. (2019016) Approve a site plan amendment and variance for a building addition and related site work for property located at 13600 Industrial Park Boulevard. MOTION by Commissioner Witte, seconded by Commissioner Narr, to approve the consent agenda. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. SATHRE-BERGQUIST (2018076) Vice-Chair Oakley introduced the request by Sathre-Bergquist for a preliminary plat to subdivide the existing lot located at 18300 gth Avenue into two lots. 5A Approved Minutes 2 of 8 Meeting of May 1, 2019 Senior Planner Berglund gave an overview of the staff report. Commissioner Markell referenced the existing use of the informal trail and asked for details. Senior Planner Berglund explained that the trail is described as informal, noting that the easement on the subject property exists for utilities. He stated that over time, this area has been used by area residents to get from 8th Avenue to the open space to the north, however it is not a city trail. He stated that the previous property owner did not have a problem with residents using the trail, but the new owner may or may not have that same openness to allowing that use of the property. He stated the owner is asking that the trail easement be located as far east on the property as possible. Commissioner Markell asked if the applicant is amenable to some trail easement on the property as a condition of approval. Senior Planner Berglund stated that from staffs understanding, the applicant would be open to some type of trail, but noted that the applicant can provide additional details. He confirmed that the existing 20-foot utility easement is shown on the plan. Commissioner Markell asked if a rendering has been provided showing the requested 50-foot easement. Senior Planner Berglund replied that staff has not yet received a revised plan showing the requested 50-foot-wide easement. Commissioner Narr asked how long the adjacent properties have existed and the length of time that those residents have been using the informal trail. Senior Planner Berglund replied that the utility easement was established in 1980, and staff understands that the informal trail has been used for a number of years, but was unsure when it began being used informally. Commissioner Witte stated that this is a challenging site. He noted that the commission has reviewed other challenging sites, and in these cases the requests have been to remove the existing home to create a vacant lot for development. He asked for details on the condition of the existing home and also asked if the home were to be removed from the site, would the site then be able to accommodate the recommended density. Senior Planner Berglund stated that the existing home was constructed in 1984, but staff understands there have been a number of improvements to the home, and the owner wants to keep the home. He stated if the home were removed, that would create some open space where a public street could go, but noted it would still be difficult to reach the recommended density goal of two to three units per acre or five to seven units on the subject site. Approved Minutes 3 of 8 Meeting of May 1, 2019 Commissioner Markell stated that it appears 11th Avenue to the north stubs into the property and asked if there was a plan for that road to service this property in the future, and whether the roadway could be widened. Senior Planner Berglund stated that the current width of the right-of-way is 30 feet and in order to increase it, the adjacent property owner would need to sell part of their property to allow sufficient width for a public street, or the city-owned open space to the east would need to be impacted. He added that there is an agreement in place which states that the city-owned open space cannot decrease in size. Vice-Chair Oakley asked for details on easement locations. Senior Planner Berglund stated that there is no easement in place on the proposed lot line that would be created, but noted that city code requires creation of a six-foot easement on each side of the property line. He explained that the sanitary sewer easement would be widened to accommodate future maintenance of the sewer pipe. He stated that the trail easement could go over the utility easement or could go further east along the property line in an area agreed upon by the property owner and the parks department. He noted that the current utility easement is roughly 20 feet from the easterly property line, while the expanded easement would be about 10 feet from the easterly property line. Vice-Chair Oakley asked if the 50-foot easement would be proposed over the entire length of the pipe. Senior Planner Berglund identified the length of the pipe where the easement would run 25 feet on the western side of the pipe and 20 feet on the eastern side. He noted that once the pipe turns west, there would be 25 feet on each side of the pipe. Commissioner Markell referenced the northeast corner of the property and asked if the trail were to abut the easterly property line running north/south, is the idea that it would then pick up the northwesterly sewer easement and follow the easement up to Urbandale. Senior Planner Berglund confirmed that was one idea that the parks department had, to follow the diagonal of the easement. He stated the property owner has indicated they may not wish to do that and would prefer for the trail to run along the easterly property line. Commissioner Markell referenced the topography of the site and asked if the trail could even run in a north to south line. Parks and Recreation Deputy Director Northway stated that the parks department walked the site with the applicant and on the northeast corner where there are dramatic slopes, the trail would not run in that location. She provided additional details on the path the trail would take to hug the edge of the base of the hill. She noted that was one option. She noted that the other option would be to place the trail on top of the current easement. Commissioner Markell asked how residents in this area would access the city-owned open space if a trail on this property was not an option. Approved Minutes 4 of 8 Meeting of May 1, 2019 Parks and Recreation Deputy Director Northway explained that residents could come down 8th Avenue and through the west to access a fire lane that would bring them to 11th Avenue. She noted that residents would then access the open space through 11th Avenue. Vice-Chair Oakley stated that the trail has been referred to as an informal trail. He asked if there are future plans to pave the trail to prevent people from going off the easement and into a yard. Parks and Recreation Deputy Director Northway stated that the trail would be providing connection to the open space, which is natural and therefore the connecting trail would not be paved. She stated that it would take training to keep people on the new trail location. Commissioner Witte stated that the applicant is complying with the tree preservation ordinance. He noted that if trees are required to be removed for the trail or utility easement, would those then be excluded so they do not count against the applicant. Senior Planner Berglund stated that the utility easement would only be put on the plat and would not require tree removal. He stated that the trail easement would avoid, as much as possible, additional tree removal. He noted if trees were removed in the future for pipe maintenance, the applicant would not be penalized for that. Vice-Chair Oakley noted that 88.6 percent of the trees are proposed to be saved and therefore the applicant is a long way from needing to replace trees. Vice-Chair Oakley introduced Mark Rawson, the applicant, who stated that he agrees with the general outline of the proposal as presented. He referenced the informal trail, noting that the existing trail does not very closely follow the sewer easement in some areas, which has made the trail problematic. He noted that currently a portion of the trail is flooded, and people then create their own trails, riding bicycles through mud and damaging the property. He stated that he walked through the property with three members of the parks department, and it appears that a trail and easement can be accomplished to the east in the northeast quadrant. He stated as it exists currently, the trail would cut diagonally through the new lot. He stated he is willing to allow an easement, as currently there is not public access. Commissioner Markell asked the f asibility of the new lot hosting a 50-foot utility easement, rather than a 25-foot easement. Mr. Rawson stated that the structure pictured on the plan does not necessarily reflect what would be built and noted that the structure could be moved further west to accommodate the utility easement. Commissioner Markell asked and received confirmation that the applicant is willing to accommodate a trail easement, but would simply want input on the location.· Mr. Rawson agreed that he believes he is on the same page as the parks department with the alternate route. Approved Minutes 5 of 8 Meeting of May 1, 2019 Vice-Chair Oakley continued the public hearing. Vice-Chair Oakley introduced Julie Peterson, 1305 Ranier Lane, who stated she has three small children and her family regularly uses the informal trail from her neighborhood to the park on Queensland Lane. She noted that many neighborhood children use that trail. She asked that the trail remain in some way. Vice-Chair Oakley introduced Teddy Peterson, 1305 Ranier Lane, who stated that he and his brother and their friends regularly bike the trail, and they would like it to remain. Councilmember Carroll commented Teddy Peterson for coming forward to speak and share his op1mon. Vice-Chair Oakley introduced Steve Bye, 1100 Urbandale Lane, who stated that the informal trail was used even when he was a child and estimated that the informal trail has been in place for about 60 years. He stated that the alternate route, if the trail were not in place, would be about one-half mile, which would equate to an additional mile roundtrip for children. He stated that he counted at least 33 people using the informal trail on Sunday. Vice-Chair Oakley introduced Elsa Carpenter, l 873 11th Avenue, who stated that she has been in her home for ten years and has used the trail until it became closed off. She stated that she does not know the homeowner, nor did she know the prior homeowner. She stated that the request should be considered a taking as it diminishes the value of private property. She stated that the residents would benefit from a trail as it would provide access to the parks on 11th and 8th Avenues. She stated this is not a benefit for the homeowner as this would be a taking of property as it does not add value to the property owner, it only provides benefit to the other residents that want access to the parks. She suggested that the City pay the homeowner for the path, using the park fund. She stated while the previous property owner allowed people to go through his property, this is a new homeowner and the homeowner should be paid for the easement if it is desired. Vice-Chair Oakley introduced Scott Prawer, 18410 8th Avenue, who stated that it appears that the new home will be on the southeastern portion of the property. He asked how much room is needed to build a home, as there does not appear to be a lot of room for a home and a trail. He said he was unsure how willing a homeowner would be to have residents walking through their property. He stated it appears this is seven acres that is being split in half. He asked if the property could be rezoned in the future to create additional homes on the property, acknowledging that there are wetlands on the property. Commissioner Witte asked and received clarification that Mr. Prawer is concerned with replatting to create additional lots, rather than rezoning. Vice-Chair Oakley introduced Ann Gavin, 1435 Ranier Lane, who stated she has lived in her home since 1987. She stated that her family has used the trail for 33 years. She stated her development does not have a park, and they rely on the trail to connect to Queensland Park. She said she did not believe the alternate route suggested would be feasible. She stated she is concerned that there is currently a no trespassing sign on the trail. She said she was concerned Approved Minutes 6 of 8 Meeting of May 1, 2019 about the willingness of the new owner to cooperate with a trail easement. She stated a lot of people use the trail and would benefit from keeping the trail open. Vice-Chair Oakley introduced Natalie Thompson, 805 Queensland Lane, who stated they love using the open space and use the trail to access that amenity. She stated that many of the property owners were present 13 years ago when a nearby development was created as there was concern with whether the lake would be open to the public. She noted when the decision was made not to provide public access to the lake, the comment was made that the neighborhood had the amenity of the open space. She said she was concerned that the access to that open space would now be lost. She said she was encouraged that the applicant seems amenable to allowing a trail easement. Vice-Chair Oakley introduced Doug Sauter, 18140 3th Avenue, who stated that his property is immediately east of the proposed subdivision, and he has lived in his home for 25 years. He stated his family has used the trail continuously for the past 25 years. He stated that the proposed new home would be closer to the street than the existing homes. He provided and described different photographs and views of the trail. He stated he uses the trail as access for maintaining his boulder wall and landscaping, noting that he often has heavy equipment use the trail for access as well. He said he was also concerned with trees that would be removed. He said he believed that the new home would be unsightly and unsafe and would negatively impact property values. Vice-Chair Oakley introduced Katie Pinto, 925 Queensland Lane, who stated her family has lived in the neighborhood for six years. She echoed the comments of others and said she would like the trail to remain. She stated although the trail is not on her property, they can see the trail activity from their deck and estimated that 30 to 40 people use the trail daily. She said she also had concerns with the placement of the proposed home. She stated there is confusion on where the new home could be placed because there appears to be wetland. She said she recognized that the wetland would be respected, but found it hard to believe that construction of a new home would not impact the wildlife and wetlands. Vice-Chair Oakley introduced Sara Danforth, 18410 9th Avenue, who stated that the trail is important for the community. She stated if a home is going to be built, it would be strange to place it so close to the street. She noted her primary concern is with preservation of her view. She stated she would want to ensure that the development does not creep into the back half of either of the two lots that would be created. Vice-Chair Oakley closed the public hearing. Parks and Recreation Deputy Director Northway stated there are two funds utilized by the parks department - park dedication and park replacement. She stated that land acquisition comes from park dedication. She stated there may be funds available for the easement, but noted that the City has not generally paid for an easement in the past. She stated staff has talked to the homeowner about the location for the trail, which would be in an easement and not a purchase of property. Approved Minutes 7 of 8 Meeting of May 1, 2019 Senior Planner Berglund reviewed the required setbacks and noted that the proposed home location would meet the necessary setbacks. He stated that due to the placement of the wetlands and lack of right-of-way to the north, it would be difficult to place additional lots on the property in the future. Planning Manager Thomson stated there was a comment regarding the no trespassing sign on the property and whether the owner would be willing to allow a trail in the future. Mr. Rawson stated that currently there is not a "No Trespassing" sign on the property. He stated the previous year he had placed signs stating "Private Property" so that people would be aware it was private property, because of the issue of liability. He stated that at no time did he enforce no trespassing. Planning Manager Thomson stated that a subdivision is subject to the City's tree preservation regulations. She explained there is no differentiation between one species of tree and another and as long as the property owner is within the residential preservation rate of 50 percent, there are no additional requirements. She stated if the removal goes above 50 percent, the property owner would need to pay into the City's tree fund. Vice-Chair Oakley asked if additional trees would be removed if the new home were placed further back on the lot, more in line with the other homes in the neighborhood. Senior Planner Berglund confirmed that additional trees would be lost, and the home could possibly encroach on the wetland buffer area. Planning Manager Thomson referenced the comment that the new home would have an impact on wildlife and stated after other similar developments went in, wildlife adapted, suggesting that would be the case here as well. Vice-Chair Oakley stated that the goal of the wetland buffer is not only for water quality, but also for wildlife habitat. Commissioner Narr referenced the comment that the trail would take a piece of property from the applicant. She noted another comment was made that this would take away from the view of other property owners. She stated that property owners should be aware that development is good for the city and the people of the city. She noted her own home has an open view, but she is aware that development will come eventually. Commissioner Witt stated that the people who own the property have been gracious for the past 30 years and were paying taxes on the property and still allowed public access through their property. She noted the property has a new owner, and there will be changes. She stated the new owner was most gracious in wanting this to work for everyone. She stated the neighbors must also have an understanding of what this means. She noted the people of the neighborhood have been able to use the private property for many years for free. She stated she agrees that this is private property, not public property. She stated that a lot of trees have been cut down throughout the community when people's homes have been built. She challenged the parks department to determine if they can purchase the trail. Approved Minutes 8 of 8 Meeting of May 1, 2019 h Vice-Chair Oakley stated he would not support anything that does not include permanent trail access as it has been available for many years and is important for circulation in the area. He stated he would not support paying for the easement. He explained that development is a benefit to the property owner, while the easement would then be a benefit for the City in return. He stated the proposed tree preservation for the site is remarkable, as it is above 88 percent. He noted when a developer brings a proposal, it is not uncommon in Plymouth to see 33 percent of the trees being saved. He stated it is remarkable that they are able to preserve 88 percent of the trees and build a home. He stated it would be a good exception to allow the home closer to the road than the other homes, while still meeting the required setbacks, in order to preserve additional trees. He stated the property owner is willing to meet an the city requirements and provide a trail easement in return for the development request. Commissioner Markell stated he was pleased that the property owner is agreeable to the trail easement. He stated if a trail easement is being granted, the park dedication fee should be counted towards that. He stated that the City would also have an obligation to delineate and mark the trail to prevent people from wandering off the trail. He noted that even wood chipping the trail, similar to what is done in the adjacent open space, would help keep people on the trail. MOTION by Commissioner Narr, seconded by Commissioner Witt, to recommend approval of the request by Sathre-Bergquist for a preliminary plat to subdivide the existing lot located at 18300 81 Avenue into two lots with revisions to two conditions: 1) condition 4.c) giving credit in the park dedication fee for the square footage of the trail and directing the Parks Department to provide trail signage and maintenance of the trail and 2) condition 4.d)v. adding at the point the trail turns to the west, that the trail easement follow the edge of the hill east of the sewer easement in a mutually agreeable location. Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Vice-Chair Oakley, with no objection, to adjourn the meeting at 8:40 P.M.