HomeMy WebLinkAboutPlanning Commission Minutes 06-01-2011Approved Minutes
City of Plymouth
Planning Commission Meeting
June 1, 2011
MEMBERS PRESENT: Vice Chair Marc Anderson, Commissioners Dick Kobussen, Nathan
Robinson, Gordon Petrash, Scott Nelson, and Bryan Oakley
MEMBERS ABSENT: Chair James Davis
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior
Planner Marie Darling, City Engineer Bob Moberg 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 Nelson, seconded by Commissioner Petrash, to approve the June 1,
2011 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE MAY 18, 2011 PLANNING COMMISSION MEETING
MINUTES
MOTION by Commissioner Petrash, seconded by Commissioner Oakley, to approve the
May 18, 2011 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. GONYEA COMPANY (2011019)
Vice Chair Anderson introduced the request by Gonyea Company for rezoning, preliminary plat
and variance for Spring Meadows 2nd Addition for 68 single family lots on property located at
5550 Dunkirk Lane.
Senior Planner Drill gave an overview of the staff report.
Commissioner Nelson asked why the City requires a five-foot fence for swimming pools if four
feet is the maximum height allowed.
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Senior Planner Drill stated that swimming pools are generally in rear yards where fences can be
up to six feet high. He said this variance is required because the swimming pool and related
fence would be located along the front portion of the amenity lot.
Commissioner Nelson asked about the location of the trail easement that is being requested by
the city.
Senior Planner Drill showed the proposed trail location, and its relationship to the possible
community playfield located to the northeast of the site.
Commissioner Nelson asked if there is an access to that area from the first addition of Spring
Meadows.
Senior Planner Drill said there is a street stub with sidewalk in the first addition of Spring
Meadows, that provides access to the Begin property to the north—which is a possible site for a
future community playfield.
Commissioner Kobussen asked about the drainage plan. He asked about the emergency
overflow between Lots 6 and 7, Block 3.
City Engineer Moberg said this project is in both the Shingle Creek and Elm Creek Watersheds.
He reviewed the drainage plan, noting how all the areas of the site would drain.
City Engineer Moberg reviewed the emergency overflow route between Lots 6 and 7, Block 3,
and said there is a backyard drainage system proposed to be tied into the storm water system in
the streets. He said if that ceased to function, it would run overland and the city needs to confirm
that the emergency overflow elevation for that backyard area is low enough to protect homes on
Lots 6 and 7.
Commissioner Kobussen asked about the small wetland south of the plat.
City Engineer Moberg said a portion of that existing wetland would be impacted by the roadway
improvements. He said the impact is pretty minor and may qualify as a de minimus impact.
Commissioner Oakley asked about the trees that might be lost by additional grading from
installing the trail requested by the city.
Senior Planner Drill said the developer's engineer provided some preliminary information
regarding impact to trees for this trail, but to know for sure, they'd need to provide plans for city
review.
Commissioner Oakley said the developer's e-mail indicates a minimum of 1% tree loss and that
may be significantly higher depending on grading. He asked about a conservation easement or
any method for tree preservation following the initial development.
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Senior Planner Drill said this subdivision would not be a planned unit development like Taylor
Creek, where there were conservation easements. He said a conservation easement is not
required and has not yet been proposed for this development. He added that the homeowners
would be paying a premium to live on the wooded lots.
Commissioner Oakley commented that a large number of trees to be preserved are in front and
side yards. He said he questions whether those can be preserved.
Senior Planner Drill said the northern portion of the site is heavily wooded and there are fewer
lots, which would be custom -graded to save as many trees as possible. He said the proposed
development has been laid out conservatively with respect to tree preservation. He clarified that
the plan shows they may be able to save some of the trees in front and side yards, even though
they have counted them as removed.
Commissioner Oakley commented that the Parks Department requested a trail easement and the
developer wrote a response why they don't want a trail in that location. Commissioner Oakley
asked if they had any further discussion.
Senior Planner Drill said Parks Director Blank and the developer have met and agreed to
disagree regarding the trail easement.
Commissioner Oakley asked if the properties south of the site on Dunkirk Lane are single family
homes.
Senior Planner Drill said yes, and that D.R. Horton, a national builder, has control of those
properties and may be submitting a development application in the near future. This would
extend Dunkirk Lane up from Schmidt Lake Road.
Commissioner Oakley asked if Dunkirk Lane would be improved to Co. Rd. 47 when Phase 3 is
developed.
Senior Planner Drill said the Dunkirk Lane segment to the north would likely be improved with
private development.
Commissioner Anderson said the west portion of 54th Avenue appears to straddle the property
line, and asked if the south portion of that segment is on someone else's property.
Senior Planner Drill said yes, and added the developer would need to obtain a permanent street
easement or acquire that land. He said that, in the interim, there would be a temporary,
barricaded emergency -only access route on the north half of that right-of-way.
Vice Chair Anderson asked if the grading would be done in phases. He said grading sometimes
occurs beyond phasing for ponding purposes or dirt balancing.
Senior Planner Drill deferred that question to the applicant for a response.
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Commissioner Kobussen said the variance is for a five-foot high wrought iron fence. He asked if
a solid privacy fence could be put in if the homeowners association wanted a private swimming
area. He asked how far the fence is from the sidewalk.
Senior Planner Drill said any design of fence could be installed unless the design is specified.
He said the fence would be roughly eight feet from the sidewalk.
Vice Chair Anderson introduced the applicant, Dave Gonyea, Gonyea Company. Mr. Gonyea
said the 40% tree removal includes all trees in front of the building pads. He said that, due to
custom grading, builders will likely be able to preserve more trees than shown. Mr. Gonyea said
the plan is to grade Phase 1 first. He said if there is excess dirt, it would be stock piled in the
southwest corner of the site as shown on the grading plan. Mr. Gonyea said there would be no
grading at this time in the northwest portion of the site, as the O'Donnell's continue to live in the
home in that area for the time being. Mr. Gonyea said the homeowner's covenants address the
fence design, which is required to be wrought iron. Mr. Gonyea said he understands the trail
between Lots 8 and 9 would be installed only if the city buys the Begin property for playfields.
He said Gonyea Company has already provided an easement for a trail along Vicksburg that
would connect to the Northwest Greenway corridor. He said they would provide for a trail to be
installed along the east side of Dunkirk Lane that would also connect to the Northwest
Greenway. He added that there is presently a stub street and sidewalk within the first addition of
Spring Meadows, directly to the east, providing direct access to the possible playfield site (Begin
property). Based on that, he said he doesn't see any reason to provide yet another trail
connection through these woods. Mr. Gonyea said the abutting lots would be walk -out lots, and
in order to meet the slopes, the grading area for the trail may need to be up to 50 feet wide. Mr.
Gonyea said he has discussed this with this with Parks Director Blank and noted that he is not
in favor of the easement. They walked the site and found that roughly 20 significant trees could
be impacted by the trail.
Commissioner Nelson asked what a trail easement would do to the value of the abutting
properties, as these may be the most valuable lots in the development.
Mr. Gonyea said they already have parties interested in these premium lots for the woods and
privacy. He said a trail would eliminate any privacy between the homes with grading and tree
impact. Mr. Gonyea said Parks Director Blank thinks only about 15 homes would use this trail,
but Mr. Gonyea said with all the new housing in the area, they think the trail could be used by a
lot more people, which would compromise the privacy, quietness, and value of this area.
Commissioner Kobussen asked if there is another way to put a trail into the possible playfield
area other than between those two lots.
Mr. Gonyea said there would be a trail on Dunkirk Lane. He said the street stub in the first
addition of Spring Meadows has no tree impact, and a separate trail connection could have been
put in there, but now there are homeowners and buyers for most of those lots.
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Commissioner Kobussen asked if the homeowners on lots abutting Dunkirk Lane would be
responsible for a portion of the cost to improve Dunkirk Lane.
Mr. Gonyea said they would put up the money to improve the Dunkirk Lane segment abutting
the plat, so individual homeowners within their development would not be separately assessed.
He said money would be held in escrow when the first portion of the subdivision begins, and
again when the next portion begins.
Commissioner Kobussen asked if the City has agreed to that.
Planning Manager Thomson said staff has been working with the developer, and the
homeowners will not be paying separately for the road improvements.
Vice Chair Anderson opened the public hearing.
Vice Chair Anderson introduced Carter Charlson, 5515 Dunkirk Lane. Mr. Charlson asked if
there is an approximate time line of when Dunkirk Lane would be improved. He asked if the
homeowners on the west side of Dunkirk Lane would be assessed for the improvement of
Dunkirk Lane and sewer service.
Vice Chair Anderson closed the public hearing.
Planning Manager Senness said there is no timeline for the Dunkirk Lane upgrade, but said it
likely it would be improved to the south first, as there is no potential developer to the north at
this time.
Vice Chair Anderson asked if the city would take money escrowed for Dunkirk Lane if the
property to the south is purchased by a developer and would tie Dunkirk Lane to
51St Avenue.
City Engineer Moberg said that is one of several options. He said it is not necessary that the
upgrade of Dunkirk Lane from 51St Avenue to Co. Rd. 47 be done as a single project, but if
development occurs to the south of this site it would make sense to try to tie these improvements
into that.
City Engineer Moberg discussed assessments and said it would be a clear benefit to properties on
the west side to have sewer and water service. He said there is a possibility there could be
assessments if a city project is initiated to improve Dunkirk Lane.
Planning Manager Senness said if the property on the west side of Dunkirk remains LA -RT,
there is potential to defer assessments. City Engineer Moberg concurred that is a possibility.
Commissioner Petrash asked if assessments can be deferred until there is a developer in place.
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City Engineer Moberg said deferments go off as soon as utility connections are made. If
property owners choose not to hook up even though service is available, the deferred assessment
is a possibility.
Commissioner Oakley asked if the assessment policy for the city is based on front footage or per
unit.
City Engineer Moberg said the city assessment policy for residential streets allows flexibility to
calculate on a unit or on a front footage basis.
Vice Chair Anderson asked how the figure is calculated to provide an escrow for a portion of the
Dunkirk Lane improvements.
City Engineer Moberg said Mr. Gonyea talked about the option of escrowing funds for future
improvements. That is an option and still a point of discussion. City Engineer Moberg said at
final plat stage, the development contract will specify terms and conditions that will be legally
binding. City Engineer Moberg said staff will identify a cost per running foot for improvements
and then determine that a fair share is escrowed by the developer.
Commissioner Nelson commented that the trail easement would be in place whether or not the
community playfield occurs to the northeast.
Vice Chair Anderson said the lots in the north portion of the plat would be large lots with custom
grading to maximize the opportunity for tree preservation. He said he is satisfied with the 59.5%
tree preservation, which could actually increase depending on field conditions during home
construction. Vice Chair Anderson said he has lived in neighborhoods in Plymouth with trails
and he supports the requirement for the trail easement. Vice Chair Anderson recommended
leaving the condition in for now, and if the developer wants to provide more information on tree
loss and make their case to the City Council, they could take that approach.
Commissioner Nelson said he concurred with the proposed plan, staff report, and rezoning, but
said he does not agree with the trail easement requirement. He suggested that if the majority of
the commissioners want the trail easement removed from the resolution, he'd propose that
amendment.
Commissioner Robinson said he favors removing the requirement for the trail easement
condition #13) from the resolution. He said the applicant makes a good case and there is no
community playfield in place for the trailway to connect to. He said there will be other trails in
place to provide good access for this area. Commissioner Robinson said there is a privacy
concern between the two lots, and he does not favor a trail in this location.
Commissioner Kobussen said he has seen other areas in Plymouth with trails between homes,
and does not think it would hurt the area. He said the neighborhood would benefit by being able
to get to the possible community playfield area without having to walk farther distances.
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Commissioner Kobussen said the trail easement could always be vacated at a later date if not
needed, and said he is in favor of keeping the trail easement requirement in the resolution.
Commissioner Petrash said he favors removing the trail easement requirement from the
resolution.
Commissioner Oakley said he is in favor of keeping the trail easement in the resolution. He said
it would be easy to vacate the easement in the future if it's not needed, but would be difficult to
secure it after the fact from two private homeowners. Commissioner Oakley said if we are not
talking about building a trail to nowhere, providing this trail easement would be the first step.
Planning Manager Thomson said the minutes and staff report to the City Council would reflect
the fact that the commission is divided on the trail easement issue.
MOTION by Commissioner Nelson, seconded by Commissioner Robinson, to approve the
request by Gonyea Company for rezoning, preliminary plat and variance for Spring Meadows 2nd
Addition for 68 single family lots on property located at 5550 Dunkirk Lane. Roll Call Vote. 6
Ayes. MOTION approved unanimously.
B. CITY OF PLYMOUTH (2011025)
Vice Chair Anderson introduced the request by the City of Plymouth for conditional use permits
to alter and add playfield lighting at Plymouth Creek Playfield (west of Fernbrook Lane),
Plymouth Playfield (east of Plymouth Middle School), Parkers Lake Playfield (north of Parkers
Lake), and Oakwood Playfield (east of Oakwood Elementary).
Senior Planner Darling gave an overview of the staff report.
Commissioner Oakley commented that all lights on all fields point away from houses. Planning
Manager Thomson added that Community Development Director Juetten was refereeing a game
at Zachary field where new lights are installed and the area past the end of the field is quite dark.
Vice Chair Anderson opened and closed the public hearing.
Commissioner Kobussen commented this provides improved lighting at the parks and reduced
back lighting and said he is in favor.
MOTION by Commissioner Oakley, seconded by Commissioner Kobussen, to approve the
request by the City of Plymouth for conditional use permits to alter and add playfield lighting at
Plymouth Creek Playfield (west of Fernbrook Lane), Plymouth Playfield (east of Plymouth
Middle School), Parkers Lake Playfield (north of Parkers Lake), and Oakwood Playfield (east of
Oakwood Elementary). Roll Call Vote. 6 Ayes. MOTION approved.
C. HANS HAGEN HOMES (20110280)
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Vice Chair Anderson introduced the request by Hans Hagen Homes for a PUD amendment to
add clothes sales not to exceed 10,000 square feet as a permitted use.
Senior Planner Darling gave an overview of staff report.
Vice Chair Anderson asked if this is being applied to the entire PUD or just the building the new
shop will go in to.
Senior Planner Darling said the PUD would be amended so clothing stores could go in any of the
buildings with the exception of the daycare and Holiday sites as these uses are specifically
identified in the PUD and owned separately.
Vice Chair Anderson opened and closed the public hearing as there was no one present to speak
on the item.
Commissioner Kobussen said he sees no reason to not allow clothing, and said the building is
vacant and this is a good alternative use for the property.
Commissioner Nelson agreed with Commissioner Kobussen and said this is replacing a store that
had clothing as a large amount of its retail business.
MOTION by Commissioner Petrash, seconded by Commissioner Kobussen, to approve the
request by Hans Hagen Homes for a PUD amendment to add clothes sales not to exceed 10,000
square feet as a permitted use. Roll Call Vote. 6 Ayes.
7. NEW BUSINESS
8. ADJOURNMENT
MOTION by Vice Chair Anderson, with no objection adjourn the meeting at 8:22 p.m.