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HomeMy WebLinkAboutPlanning Commission Minutes 08-01-2012Approved Minutes City of Plymouth Planning Commission Meeting August 1, 2012 MEMBERS PRESENT: Chair Jim Davis, Commissioners Nathan Robinson, Dick Kobussen, Gordon Petrash, Scott Nelson, Bryan Oakley and Marc Anderson STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling, Senior Planner Joshua Doty, Assistant City Engineer Jim Renneberg, 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 Robinson, to approve the August 1, 2012 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 18, 2012 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the July 18, 2012 Planning Commission Meeting Minutes. Vote. 7 Ayes. MOTION approved. B. STEVEN ANDERSON (2012051) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Steven Anderson to approve a variance for construction of a detached garage exceeding 700 square feet at 210 Niagara Lane North. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. U.S. HOME CORPORATION DBA LENNAR (2012041) Chair Davis introduced the request by U.S. Home Corporation dba Lennar for rezoning and preliminary plat for "Kirkwood", for 46 single family homes to be located at 5205, 5250, 5330 and 5350 Dunkirk Lane N. Approved Planning Commission Minutes August 1, 2012 Page 2 Senior Planner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Joe Jablonski, representing U.S. Home Corporation dba Lennar. Mr. Jablonski said Lennar has developed in the City of Plymouth including Windemere Farms, Cascade, West Branch, Heather Run, Bridlewood, and Taryn Hills. He said they look forward to developing another community in Plymouth and appreciates working with City of Plymouth staff. Commissioner Anderson asked about the private neighborhood park and a potential location and if that will happen. Mr. Jablonski said the park location is pending the development of Kirkwood II on the adjacent property to the east. He said if that does not happen, then the park would be removed. Mr. Jablonski said the application has been submitted for Kirkwood II which should proceed through the city process in the fall. He said they anticipate including the neighborhood park on Lot 36. Commissioner Anderson said if Kirkwood II does not go through, the park would not be built. Mr. Jablonski said that is correct, based on financial implications of how park lots would be spread through the community. Commissioner Anderson asked about the height of the two retaining walls and how much fill would be used. Engineer Bob Molsted, Sathre-Bergquist, said one of the retaining walls on the west end of the cul-de-sac is on a ravine and would be 4- to 10 -feet in height and 30 feet in length. He said the retaining wall on the south end is six feet in height and takes up half of one back yard. Commissioner Anderson asked if the city requires fencing or protection on a wall of that height. Planning Manager Thomson stated anything over four feet requires a fence. Commissioner Anderson asked in what areas is Lennar proposing to save specimen trees. Mr. Jablonski said there are areas in the rear yards on the western side where the majority of the trees are poplar, box elder and aspen. He said they identified larger areas with an opportunity to save significant oaks or maples. He said the retaining walls were proposed in an attempt to save trees. He said they saved more trees than the original plan showed in several areas of the site. Mr. Jablonski said areas with significant healthy oak and maple trees were looked at more closely. Commissioner Anderson asked how many dead trees are on the site. Mr. Jablonski said they reviewed the health of the trees and revised the original tree count. They are removing 1,100 caliber inches of ash trees or 10% of overall tree removal. In the southwest Approved Planning Commission Minutes August 1, 2012 Page 3 corner, trees have grown tightly and thick, providing an overhead canopy but the tree health is not great. Commissioner Anderson noted 63.5% tree removal is higher than recent applications the city has received, and you have to go onto adjacent properties to fit some trees, and have to move a pond. Commissioner Anderson asked if Lennar has considered reducing density and saving some trees. Mr. Jablonski said some of the overall tree removal plan is specific for the Dunkirk Lane improvement. He said those trees were not considered exempt from the overall tree calculation, but at some point Dunkirk Lane would be improved and they would be removed. Lennar has not contested the replacement of those trees. Mr. Jablonski said they are planting on the adjacent farm -type land and there is opportunity to improve that land. Mr. Jablonski discussed density and said a lot of trees proposed to be removed and relocated are in the southwest area and in an area of through streets for future Spring Meadows and Kirkwood II. He added as Dunkirk Lane develops there will be similar tree removal issues and these are difficult properties to develop. Commissioner Kobussen asked how and where wetland mitigation would occur for the wetlands affected for Dunkirk Lane improvement. Mr. Jablonski reviewed the locations of wetlands impacted and proposed mitigation on the northeast and southeast corners. Commissioner Kobussen asked about the rectangular shaped Lot 11 which is 91 feet on the west side and 125 feet on the east side. Mr. Jablonski said there are 91 feet within the original property lot line, plus an additional 33 feet as part of the park land swap. Commissioner Kobussen discussed the gun club next to the westerly lot, and asked if it is Lennar's intent to tell prospective buyers about the gun club regarding noise, etc. Mr. Jablonski said staff provided a sample disclosure to provide to homeowners. He said the disclosure would be similar to the one provided for Timber Creek Crossing. Commissioner Petrash asked why the site plan shows the trail ending in the park. Mr. Jablonski said there will be a trail connection going into the park. He said the city has not finalized the overall master park plan for that connection yet. Chair Davis asked about improvements to both sides of Dunkirk Lane. Senior Planner Darling said there would be a full roadway to city standards from plat boundary to plat boundary. Approved Planning Commission Minutes August 1, 2012 Page 4 Chair Davis asked if the Spring Meadows development would be responsible for their section of roadway. Senior Planner Darling said Spring Meadows was approved with the condition that when current outlots are platted into lots, Dunkirk Lane would need to be improved. Chair Davis noted we will end up with a hole in the middle of Dunkirk Lane with unpaved gravel road. He asked if they will transition well. Senior Planner Darling said there will be conditions in development contracts and approving resolutions that require this segment to be improved when lots on the west side of Dunkirk Lane are subdivided. She said the Terra Vista development will have to improve the northern segment of Dunkirk Lane with its two plats. She said one stretch of roadway will still be gravel until a development is proposed and improvements are completed with those developments. Chair Davis asked if there might be a point where the city might fill in the gravel to complete this section of Dunkirk Lane, for example if a homeowner didn't want to sell his property for development. Assistant City Engineer Renneberg said it is a possibility the city could consider, however, there is nothing planned in the Capital Improvements Program at this point. He said this could be analyzed if directed. Chair Davis opened the public hearing. Chair Davis introduced Pat Taffe, 5350 Dunkirk Lane. Mr. Taffe said he and his wife are excited about this proposal and said they think Lennar has done a great job with the proposed plan and it fits with the parkland the city acquired. He said they are anxious to move forward expediently and are very supportive of the plan. Chair Davis introduced Carter Charlson, 5515 Dunkirk Lane. Mr. Charlson said Dunkirk Lane was to be filled in when Spring Meadows was platted. Mr. Charlson stated almost all the houses in the second addition are built and people are living in some of them. He said nothing was said or done about filling in Dunkirk Lane. Mr. Charlson said he wouldn't be happy with paving on the north end and paving on the south end with mud and gravel in between. Mr. Charlson said Lennar is locked in and asked how they will get heavy equipment down Dunkirk Lane. He said it is bad just for cars when it is wet and raining. Mr. Charlson said there is an axel load limit. Mr. Charlson said Gonyea was going to pave Dunkirk Lane and that didn't happen. He said he is suspicious about what they say and what they do. Chair Davis introduced Jim Sable, 4710 Harbor Lane N., who submitted a letter for the public record. Mr. Sable said he is on the Board of Directors for the Plymouth Gun Club which is on the parcel adjacent to the proposed development. Mr. Sable said for the developer, the city and the gun club to ensure Harvest Hills homebuyers were pleased with their decision, the developer posted signage on the property accessing the new development saying the property is adjacent to Approved Planning Commission Minutes August 1, 2012 Page 5 a gun club and the hours of operation. Mr. Sable suggested buyers should sign a document stating they had been told they are abutting a gun club, and that document follows the property - not the original owner. He said any new owner would sign a similar document. He said this was the process for Harvest Hills and Timber Creek Crossing and these developments occurred before the Shooting Range Protection Act was passed in 2005. He said this Act "...disallows any development or structure approved after October 1, 2005 within 750 feet of the exterior property line of a shooting range if the development would cause the range to fall out of state standards compliance. Allows a development after the above date if the person requesting approval provides necessary mitigation to permit the shooting range to remain in compliance with state standards." Mr. Sable wanted it noted that the Shooting Range Act exists today and compliance deals primarily with sound. He said before the act there was no sound standard and so the issue of trees, which deaden sound, is something Mr. Sable said he would like the commission to look at. Chair Davis asked Mr. Sable if he believes this project as proposed would cause the gun range to fall out of compliance. Mr. Sable admitted he learned with the Harvest Hills project that he was not knowledgeable about "significant" tree definitions and trees not counted if removed for a house, street or cul-de- sac. Chair Davis introduced Ken Nelson, 5042 Everest Lane. Mr. Nelson said there are deer, wild turkeys, and owls in the area, and he runs up and down Dunkirk Lane frequently. He said he will miss the gravel road, but when he heard Lennar is proposing the development, he was thrilled. He said he is the happy homeowner of a Lennar home, and is thrilled because of property improvement to homes to the south. Mr. Nelson said he is happy to see the park and hopes Kirkwood II will proceed in due time. He said sites to the north are adding value to his property as well, and commended the City of Plymouth in being as aggressive as they are in developing the area. Chair Davis said many times homeowners say a proposed development will de -value their home, so it is nice to have someone come in to say a development will improve home values. Chair Davis introduced Steve Roell, 5915 Dunkirk Lane, who said some of Kirkwood I is connected to the sewer on the west side of Dunkirk Lane. Mr. Roell said he was told for sewer to come from the west side of Dunkirk, there had to be a change in the Comprehensive Plan, and asked if the city had made application for that change. Mr. Roell asked if a traffic study had been done to determine traffic direction from Spring Meadows and other developments in the area. He asked if the developer could put a stop light at Dunkirk Lane and County Road 47 as part of the improvements to help get out from these developments. Chair Davis closed the public hearing. Planning Manager Thomson said the northern part of Dunkirk Lane has not been paved because the portion of Spring Meadows 2nd Addition that requires construction of Dunkirk Lane has not Approved Planning Commission Minutes August 1, 2012 Page 6 been final platted. She said the homes that have been constructed do not have access to Dunkirk Lane; their access is to Vicksburg. Chair Davis asked if any homes in Spring Meadows 2nd Addition will have driveway access on Dunkirk Lane. Planning Manager Thomson said there are some homes in areas not yet final platted that will access Dunkirk Lane. Chair Davis asked if it is imminent that these final plats will be brought forward. Planning Manager Thomson said not at this point. Chair Davis asked if Terra Vista will have a traffic light at Dunkirk Lane. Assistant City Engineer Renneberg said to install a traffic control signal, criteria regarding volumes and number of crashes needs to be met. He said he had not reviewed data but said he suspects with what is proposed, a traffic signal would not be required at this time, but in the future as traffic volume increases, this could be looked at. Planning Manager Thomson said typically when the city has enough data to determine a signal is likely warranted, the signal requirement is added to a resolution. Commissioner Oakley asked if the city or county have a regular review period for these areas. Planning Manager Thomson said County Road 47 is not under out jurisdiction, and added there have been discussions regarding the city taking over that roadway. Assistant City Engineer Renneberg added the city is required to do traffic counts every four years on stated -aid roadways. The county does traffic studies on County Road 47and County Road 6 every two years. Chair Davis asked if there been studies done on directional distribution of the traffic from this area to County Road 47, Vicksburg Lane and Dunkirk Lane. Assistant City Engineer Renneberg said we have not seen studies or data that would provide that information. Planning Manager Thomson reviewed that there is not sufficient traffic at this time to warrant a traffic signal. She said this area was developed with large lots and now it has been subdivided into suburban density, but overall, it is not a large number of homes. Mr. Jablonski said access for heavy equipment would come from the south end of Dunkirk Lane from Schmidt Lake Road and the minor collector through Spring Meadows. Mr. Jablonski said he understands the load restrictions on Dunkirk Lane in its current condition. Approved Planning Commission Minutes August 1, 2012 Page 7 Regarding sewer service, Senior Planner Darling said the portion of the site on the west side of Dunkirk Lane is shown in the comprehensive plan to flow south. She said there is a grade break and the sewer line would be extended up from Timber Creek Crossing to serve all but the northernmost 14 lots, which would get service from the north and east through Spring Meadow. Planning Manager Thomson said the city is well aware of the gun club standards. She said the Department of Natural Resources (DNR) has not yet developed standards to administer at a local level. Planning Manager Thomson said the city has worked with the city attorney to do everything we can in Harvest Hills and Timber Creek Crossing so people recognize the gun club is there. Commissioner Nelson asked if documents are signed when a house changes hands. Senior Planner Darling said property owners sign a separate disclosure notice; subsequent property owners are notified through homeowner association documents, and each building permit application would include a disclosure about the Shooting Range Protection Act. Senior Planner Darling said this application does not have a condition in the resolution requiring specific signage because this development does not have direct road access to the gun club property. Timber Creek Crossing and Harvest Hills had a road stub to the property. Commissioner Anderson asked if the disclosure is written in the declaration of covenants which runs with the land. Senior Planner Darling answered affirmatively. Commissioner Anderson asked about the distance between the closest home and the gun club property. Senior Planner Darling said there are three lots that directly abut the gun club property on the southwest corner of Dunkirk Lane. Commissioner Anderson said Mr. Sable said that if any of these three lots are within 750 feet, the gun club would fall out of compliance. Planning Manager Thomson said the problem is there are no standards to tell us what that means. She said that is why we have notification. Commissioner Petrash asked who would enforce this or who is responsible if it is out of compliance. Planning Manager Thomson said it would be difficult to enforce as there is no standard. She added the city has not had complaints because there is a lot of information for people who live nearby and that has worked out well. Commissioner Petrash said subsequent owners 10-15 years from now might make that an issue. Approved Planning Commission Minutes August 1, 2012 Page 8 Senior Planner Darling clarified that the disclosure in the documents applied to the property for each lot make it clear that the gun club will continue on their property and they are under no obligation to cease operation at any point. Commissioner Petrash asked what body wrote the guidelines for the gun club. Senior Planner Darling said this is a State of Minnesota regulation requiring that the gun club continue to be in compliance with noise laws. Commissioner Petrash stated ultimately the gun club can be out of compliance, even though the owners acknowledge them, because of the fact that they are within 750 feet. Planning Manager Thomson reiterated city staff and the city attorney have looked for ways to address this without standards. She said there are no standards, and both sides have property rights. Chair Davis asked Mr. Jablonski if Lennar concurs with the conditions to move the 52nd Avenue 10-15 feet north and improving the current alignment of 51St Avenue to the north plat boundary prior to selling homes. Mr. Jablonski answered affirmatively. Commissioner Anderson said the road connection is not a problem as there are two other connections so residents do not have to take the gravel road. He asked if there is a condition regarding the gun club notice in the declaration of covenants. Senior Planner Darling referenced Condition 4.a.(4). Subp.3. Commissioner Anderson said he is disappointed in the tree removal, but there is not much that can be done. He said not many trees are in the roadway and it is an exaggeration for Lennar to say roadways are causing the problems. Commissioner Anderson said he understands density and housing and to plant the farm field for Kirkwood II is a good way to balance that out. Commissioner Petrash said he has concerns about the gun range compliance and sees two lawyers in 15 years turning this unclear standard into a lawsuit. He said there is no clear cut responsibility and this looks too open ended. Commissioner Petrash said he uncomfortable with the situation but does not want to keep this from going forward. He said the gun club will have to worry about this in the future. Commissioner Nelson said his biggest concern is if the notice and disclosure will be continued in 15 years. He said the key is to know what you are buying. Approved Planning Commission Minutes August 1, 2012 Page 9 Commissioner Anderson said if it's in the deed and part of records, a new owner should be checking the document. He stated it will be in the declaration of covenants that runs with the land. Commissioner Oakley said he shares the concern with everybody that a rule was passed in 2005. He said someday there will be some standards. Commissioner Oakley said it doesn't seem reasonable to apply the rules to properties developed after 2005, but would assume some ex post facto type situation that when standards came in that properties going forward would be required to meet those standards.. Mr. Jablonski commented there are existing neighborhoods that were built after 2005 within the 750 -foot radius and there are existing homes in the area. He said they have the ability to properly disclose the information for the ten lots on the west side of Dunkirk Lane. Mr. Jablonski added if a property owner on Dunkirk Lane resold their home as is and did not develop, there would not be a condition that requires notification and approval. Mr. Sable added there are now standards that have decibel levels which were not present when other developments were put in. He said he dealt with the DNR and the Harvest Hills developer regarding sound standards at that time. He said it is in the city council minutes that the developer agreed that homes within range of the gun club would be built to specifications of homes built near an airport. Mr. Sable said the act says vegetation and trees are the best things for mitigating noise. He compared the 63.5% tree loss to the Harvest Hills development losing 88% of the trees. He said if you look at the trees on the gun club property, that is exactly what Harvest Hills looked like before development, but the 88% replacement trees are smaller and not what you would consider sound mitigating. Commissioner Petrash said with that information, he still has doubts that this has not been investigated thoroughly. He said the city should look into Mr. Sable's concerns more before he can make an absolute decision if we are putting the gun club in an untenable position. Commissioner Robinson said he agrees with Commissioner Petrash that this is a gray area. If we are putting the gun club at risk because we are not sure about decibel levels and what the tree removal might be do, he cannot support this. Commissioner Anderson said it would be easy to determine the decibel levels. He questioned if this condition should be included now or sound levels should be done after the trees are removed. He said noise could be mitigated by putting in proper insulation to be in compliance. Planning Manager Thomson said staff could check on the original legislation and determine if any conditions have been added. Approved Planning Commission Minutes August 1, 2012 Page 10 Chair Davis read from the Shooting Range Protection Act "...after October 1, 2005 any new development within 750 feet of the shooting range perimeter will be responsible to preplan and install its own sound mitigating devices to keep the range compliant with the sound standards. Chair Davis said it would behoove the developer to ensure the range is still compliant after development. Chair Davis said the document does state over an hour's period sound cannot exceed 63 decibels. Commissioner Kobussen said Lot 36 shows a home on the lot. He asked Lennar's intent for providing information to prospective buyers regarding that lot and the neighborhood park if Kirkwood II goes in or does not go in. Mr. Jablonski displayed a concept plan of the park with a pool and bath house. He said they anticipate the Kirkwood II application to be through the city process before releasing homes for sale in the proposed development. Planning Manager Thomson added that in situations like this the city does require the developer to plat the lot such that a home could be built if the park does not go forward. Commissioner Nelson reviewed that the gun club has some precedent set from previous developments, the developer is responsible for sound mitigation, there is disclosure, there is notification, and he said it is not our responsibility to interpret this. Commissioner Nelson said he has no problem approving the plan and is not worried about the city's exposure to this. He said he likes the overall plan, the park, and likes the land traded to the city. Commissioner Nelson said the mitigation plan for wetlands is sufficient. Commissioner Nelson said he is concerned about heavy equipment going through four residential neighborhoods and partially developed neighborhoods until such time as Dunkirk Lane is acceptable for heavy equipment. He said there would be increased traffic on Dunkirk Lane on a paved, gravel, then paved road over the course of possibly several years. He said he is worried about the conditions of Dunkirk Lane over time and what that means with increased traffic. Commissioner Nelson said it will not prevent him from supporting the plan, but the patchwork road is going to be under construction for 5 years and it reminds him of our interstate system in Minneapolis. Commissioner Nelson said he supports moving plan forward. Commissioner Petrash said he does not see anything in the building code that requires sound mitigation for these homes. Commissioner Petrash said we are passing a problem down to homeowners and future homeowners. He said we need further clarification if the developer is required to have sound mitigation from the gun club. Commissioner Petrash said this should be included in the approval. Chair Davis noted Timber Creek Crossing is right beside the gun club and asked if there was special building methodology for homes that appear to be as close as the proposed houses in Kirkwood. He asked if there were complaints from Timber Creek Crossing homeowners. Approved Planning Commission Minutes August 1, 2012 Page 11 Senior Planner Darling said there were complaints from time to time as people hoped to change the gun club once they moved in. Senior Planner Darling said when Harvest Hills was approved in 2001, and Timber Creek Crossing in 2002, there were conditions included to mitigate sound effects for those townhomes located next to the gun club. Senior Planner Darling said the developer proposed air conditioning so windows could be closed in the summer and double/triple paned glass was used in the windows. MOTION by Commissioner Nelson seconded by Commissioner Anderson, to approve the request the request by U.S. Home Corporation dba Lennar for rezoning and preliminary plat for Kirkwood", for 46 single family homes to be located at 5205, 5250, 5330 and 5350 Dunkirk Lane N. Motion for friendly amendment by Commissioner Petrash, seconded by Commissioner Kobussen, to review any standards available regarding the Shooting Range Protection Act and that staff add any mitigation that may be required to the approving resolution. Friendly amendment accepted by Commissioner Nelson. Chair Davis said he is surprised Lennar is not saying they would do everything they can to remedy the situation. Chair Davis recommended that Lennar present to City Council how they intend to make this happen because he interprets the document saying it is the developer's responsibility to ensure the gun club is in compliance. Roll Call Vote. 7 Ayes. MOTION approved unanimously. B. CITY OF PLYMOUTH (2012053) Chair Davis introduced the request by the City of Plymouth for a zoning ordinance text amendment pertaining to signage above the roof line. Senior Planner Doty gave an overview of the staff report. Commissioner Anderson asked for clarification regarding a perpendicular parapet not exceeding eight feet. Senior Planner Doty explained the perpendicular element can be the same height as allowed for the building, but there cannot be signage on it above the roof if it is taller than eight feet. Commissioner Petrash asked if the perpendicular element is 45 feet in height, then a sign cannot be placed eight feet above. Senior Planner Doty answered affirmatively. Commissioner Petrash asked about the logic for this height limitation. Approved Planning Commission Minutes August 1, 2012 Page 12 Senior Planner Doty said the logic is simply to have some limitation on signage being much taller than a building roof line. He said that under current code you could have a lower building wall and then construct a thin tower with a lot of signage on it. Planning Manager Thomson added that when we change the code, such as with the annual update, we are many times correcting a regulation that didn't work well. There can be unintended consequences. In this case, we did not realize there might be an instance where there could be two sign towers for a business. Planning Manager Thomson said the city is trying to keep signage reasonable but not overdone. Commissioner Nelson said he can understand that a business may want a certain height due to their location. He asked if there are many business that have signage that this amendment would limit in the future. Senior Planner Doty said we don't have a lot of examples of the perpendicular column element, but it is getting to be a more commonly used design feature. Commissioner Nelson said this is a control mechanism for the perpendicular column. Senior Planner Doty answered affirmatively and added that we are looking to the future for what we could potentially see. Commissioner Kobussen asked if there is a reason for using eight feet as the limit. Senior Planner Doty said they used examples that currently exist in the city, and added that staff felt that eight feet seemed to be a reasonable height to still allow people to use this design element, while not allowing sign towers. Commissioner Oakley asked if we would be okay with someone putting a clock on a tower or a design element such as a red dot. He added a circle around that red dot would then be a problem. Senior Planner Doty said there is a definition of what signage is, and it includes logos and things that are intended to be advertisement. Chair Davis opened and closed the public hearing, as there was no one present to speak on the item. Commissioner Robinson asked if variances could be requested if this amendment is passed. Senior Planner Doty answered affirmatively. MOTION by Commissioner Anderson, seconded by Commissioner Nelson, to approve the request by the City of Plymouth for a zoning ordinance amendment to the text of the regulations pertaining to wall signage. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes August 1, 2012 Page 13 7. NEW BUSINESS 11,0111 t- 0 0111010 1 MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:54 p.m.