HomeMy WebLinkAboutPlanning Commission Minutes 08-15-2007Approved Minutes
City of Plymouth
Planning Commission Meeting
August 15, 2007
MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, Karl Neset,
Terry Jaffoni, James Davis, and Erik Aamoth
MEMBERS ABSENT: Commissioner John Cooney
STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill,
Planner Joshua Doty, 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 Jaffoni, seconded by Commissioner Weir, to approve the
August 15, 2007 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE AUGUST 1, 2007 PLANNING COMMISSION
MINUTES
Planning Manager Senness said Item 6A (2007050) would be moved from Public Hearing
to New Business.
MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the
amended August 1, 2007 Planning Commission Minutes. Vote. 6 Ayes. MOTION
approved.
B. MARK AND AMY PETERSON (2007067)
MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the
request by Mark and Amy Peterson for a variance for front yard setback to allow
construction of a front porch addition for property located at 320 Trenton Lane N. Roll
Call Vote. 6 Ayes. MOTION approved.
Approved
Planning Commission Minutes
August 15, 2007
Page 2
6. PUBLIC HEARING
A. CHANDLER MCCOY (2007062)
Chair Holmes introduced the request by Chandler McCoy for a preliminary plat for
McCoy Estates" for two single-family lots for property located at 11210 Sunset Trail.
Planner Doty gave an overview of the August 7, 2007 staff report.
Commissioner Davis asked why the trees behind the existing home have to be removed.
Planner Doty advised that trees in close proximity to the new homes wouldn't survive
because of the grading around the homes. He said the tree canopy is much larger than the
tree circles on the plan and the silt fence boundary indicates the area of grading on the site.
Chair Holmes noted there is a significant wetland north of the property and asked if there is
a storm water easement on the northwest side of the property.
Planner Doty said there is no easement other than the 6 -foot drainage easement.
Chair Holmes introduced the applicant, Chandler McCoy, 11210 Sunset Trail. Mr. McCoy
said he is interested in keeping the property as nice as it now. He said that is why they
want to build there.
Chair Holmes opened and closed the public hearing as there was no one present to speak
on the item.
MOTION by Weir, seconded by Jaffoni, to approve the request by Chandler McCoy for a
preliminary plat for "McCoy Estates" for two single-family lots for property located at
11210 Sunset Trail. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
7. NEW BUSINESS
A. LAKEWEST DEVELOPMENT (2007065)
Chair Holmes introduced the request by LakeWest Development Co. for a pre -application
sketch review of a potential subdivision for six single-family lots on Outlot A, Heritage
Woods Estates 2nd Addition — located northeast of 57th Avenue and Teakwood Lane.
Senior Planner Drill gave an overview of the August 7, 2007 staff report. Senior Planner
Drill said correspondence received from Craig Nordstrom, 13210 57th Avenue N. has been
added as part of the public record.
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Planning Commission Minutes
August 15, 2007
Page 3
Commissioner Jaffoni asked how much larger the rain garden needs to be and how that
would impact the development.
Senior Planner Drill said staff is unsure based on the information provided on the sketch,
but the requirement that the pond be a minimum depth of four feet together with side
sloping requirements could result in a need for a pond that is roughly double the size of the
rain garden/pond shown on the sketch. He said this could affect the lot layout and/or
number of lots.
Commissioner Jaffoni asked how the property is currently used.
Senior Planner Drill said the outlot is used for enjoyment by the homeowners of the
Heritage Woods Estates 2nd Addition. He said there is a privately owned trail leading out
to the middle portion of the outlot.
Commissioner Neset asked the reasoning to originally plat this as an outlot.
Senior Planner Drill said in 1988 when the PUD was originally developed, in exchange for
lot sizes smaller than the required 18,500 (the lot sizes average about 13,800 square feet),
the developer set aside the outlot as common open space. In 1996 when the City adopted
the new Zoning Ordinance, the PUD was rescinded and the outlot lost its protection as
open space.
Commissioner Neset asked how that lot size equate to today's standards.
Senior Planner Drill said the current RSF-2 zoning of the subdivision establishes a
minimum lot size of 12,500 square feet, which is roughly 1/3 of an acre.
Commissioner Davis said there is a section in the northwest corner of the subdivision that
is already developed similar to the arrangement on the sketch plan. He asked how those
lots and the road compare to the lots and road on the plan.
Senior Planner Drill said that cul-de-sac contains seven lots within a similar land area that
was platted as an original part of the subdivision.
Planning Manager Senness added that one difference is the orientation of the lots, because
the sketch shows new homes directly behind existing homes.
Chair Holmes said Northwest Boulevard is a fast street and asked if there is any thought to
put in a third access from Northwest Boulevard.
City Engineer Moberg said Northwest Boulevard is under the jurisdiction of Hennepin
County, and granting an additional access would fall on the County. He said it is highly
unlikely they would support any additional access in this corridor.
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August 15, 2007
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Chair Holmes noted the curve of the cul-de-sac results in smaller lots on the western side
of the outlot. He suggested that straightening the cul-de sac could provide more room for
the required ponding.
Chair Holmes introduced the developer Curt Fretham, 15400 Hwy 7, Minnetonka. He said
the sketch has been presented to get direction from the Planning Commissioners.
Chair Holmes opened the item for public comment.
Chair Holmes introduced Thomas Switzer, 13200 57th Avenue N. Mr. Switzer said he
built his home in 1993 after meeting with the builder and a City Planner and was told the
outlot was not developable. He said he was a member of the Heritage Woods Second
Addition Homeowners Association which received $25,000 from the developer per a
resolution to not have planned sidewalks installed within the subdivision. This money was
used to buy sod and trees, construct the trail, purchase insurance and maintain the outlot.
Mr. Switzer said when the $25,000 was depleted in 2004 there was difficulty in collecting
annual association dues of $30 and there were many meetings to discuss the future of the
outlot. Mr. Switzer said he is in favor of dissolving the association in a way that can
benefit everyone, without developing the outlot. Mr. Switzer said property values go down
when you lose an open space. Mr. Switzer said there will be construction traffic and
debris, and his property would become a corner lot leading to a cul-de-sac. He asked about
the zoning regarding the road leading to the cul-de-sac which would have a decreased
width to make the development work. Mr. Switzer said the wildlife habitat would be
disturbed and decreased. He said the outlot is used by children for soccer and sledding,
and pet owners. Mr. Switzer said the trees planted are now starting to look healthy and
there is no other open area in the neighborhood. He said the pond would pose a hazard for
children and would be a mosquito breeding ground. Mr. Switzer said there would be
increased cost to the City for street lighting and other maintenance.
Chair Holmes introduced Charles Breitsprecher, 5630 Teakwood Lane N. Mr.
Breitsprecher said in 1991 he designed and moved into his home which they chose because
of the open space. Mr. Breitsprecher asked why they weren't advised of the 1996 change
regarding outlots. He said he would reject the transfer of ownership of the small outlot that
would be created next to the new street. Mr. Breitsprecher said if Outlot A is developed,
his lot would become a corner lot which they never wanted. He said the traffic, irritation
from noise and working machines, and several years of house construction would destroy
the peace and quiet. He said the homeowner's association is all about money. Mr.
Breitsprecher said the majority of owners are not affected by the proposed development
and they want to end the $30 dues and get a windfall of money from the sale of the outlot.
Mr. Breitsprecher said the solution is simple; keep and hold the homeowner's association
accountable for maintenance and improvements. He said the addition of sewer and water
and a storm quality pond could be sufficient to deny development.
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Planning Commission Minutes
August 15, 2007
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Chair Holmes introduced Karen Sesbeau, 13215 57th Avenue N. Ms. Sesbeau said she
lives close to the open space. She said the development would seriously negatively affect
the feel of the neighborhood. She said she is worried about increased traffic and activity
and said there are less drastic alternatives to explore and continue to keep the open space.
Chair Holmes introduced Darin Bartsch, 13205 57th Avenue N. Mr. Bartsch said he
purchased his home because of the proximity to the open space across the street. Mr.
Bartsch said any development on that property would decrease the value of his property,
whether monetarily or personally. He echoed all previously cited concerns around
construction traffic and additional traffic on the very busy Northwest Boulevard. Mr.
Bartsch said it is a difficult intersection now during rush hour. He said he has a one-year
old and he is concerned about construction traffic for 6 lots.
Chair Holmes introduced Tom Van Hatten, 5635 Sycamore Lane N. Mr. Van Hatten said
he lives across Northwest Boulevard from the site and bought for the view of not looking at
a large number of homes. He said he is concerned about the setbacks of proposed
development being so close to Northwest Boulevard and said people would probably put
up a fence as they are so close. Mr. Van Hatten said he is concerned about congestion on
Northwest Boulevard which has become an alternate to I-494. He said it is difficult in rush
hour to take a left southbound on Northwest Boulevard and traffic control is needed at that
intersection. Mr. Van Hatten said the open space which has wild life is better served as
park land as the only park is Bass Lake Playfield. Mr. Van Hatten said this outlot would be
better suited to fewer houses.
Chair Holmes introduced Cindy Dawson, 13320 56th Avenue North, President of Heritage
Woods Estates Second Addition Homeowner's Association. Ms. Dawson said she is
legally authorized to sell the outlot. She said they have entered into an agreement with the
developer contingent upon City approval. Ms. Dawson said the vast majority of the 61
homeowners have voted to sell. She said they considered various options and found the
outlot is a great liability with insurance and maintenance. Ms. Dawson said the
Homeowner's Association has voted to sell to a developer of single family homes and said
she asked the Planning Commission to favorably review the sketch. Ms. Dawson said the
Heritage Woods Estates Second Addition Homeowner's Association attorney is Kristin
Sankovitz.
Chair Holmes introduced Steve Rogers, 13105 56th Avenue North. Mr. Rogers said he
lives on the corner of 56th Avenue and Northwest Boulevard, which is the entrance into the
subdivision. He said if anybody is affected by traffic it is him. Mr. Rogers said he was not
excited about owning the outlot because of fees and difficulty in selling when there is an
association. He said he has a one-year old child and it would be nice to have a playground
there. However, in today's society and liability in a "sue happy" world, the association
would be liable. Mr. Rogers said there are insurance costs. He said he understands the
worry about a corner lot but has not seen any significant loss of value in his property and
he has more traffic than anybody else. Mr. Rogers said the City bases values on the home
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Planning Commission Minutes
August 15, 2007
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and lot, not the view. He said it is unfortunate that this situation has caused a huge amount
of unrest in a fairly tranquil community. Mr. Rogers said he appreciates the concerns of
the homeowners directly affected, however the property has been deemed to be sold by the
resolution passed by the homeowner's association. He said they just want to be done with
the association dues, upkeep, and liability and asked the City to allow development of the
outlot.
Chair Holmes introduced Carol Richardson, 13200 56th Avenue N. Ms. Richardson said
the association decided to remove the playground in 2000 after kids from the nearby
townhomes were playing on it and there were liability concerns. She said the outlot has
mice along with other wildlife. Ms. Richardson said kids shoot firecrackers in the outlot.
She said it is difficult to collect the $30 dues and the association can't pay the insurance.
Ms. Richardson said she hopes the Planning Commission will vote in favor of the sketch.
Chair Holmes introduced Tom Buchanan, 13305 57th Avenue N. Mr. Buchanan said the
outlot has been a burden. He said playground equipment was removed in 2000 because of
townhouse kids getting injured and the equipment was deteriorated. He said the area is not
used by the majority of homeowners, yet the grass has to be kept up. Mr. Buchanan said
his kids and most other kids prefer Bass Lake Playfields. He said there might be some
additional traffic and suggested one less home be built. He said it is a shame to let the area
deteriorate. Mr. Buchanan said the trees are located on the edge of the outlot and would
not be disturbed by building. He said the berm separating Northwest Boulevard would
block most of the homes.
Chair Holmes introduced Randy Guse, 5705 Sycamore Lane N. Mr. Guse asked if there
are ways to use this outlot that could be acceptable to all property owners. He asked if the
two existing smaller lots next to the proposed road could be expanded to make them
equivalent to the adjacent lots as a compensation for the development. Mr. Guse said
consideration could be given to building fewer homes than six.
Mr. Switzer said in 13 years he has never seen a rat or mouse on the outlot, but he has seen
purple martens and kids sliding in the winter.
Chair Holmes introduced Karen Behm, 13230 57th Avenue N. Ms. Behm said she was
secretary for the homeowners association when they ran out of money and tried to collect
from the neighborhood. She said some homeowners are adamant about not paying dues so
others have to pay more. Ms. Behm said let's get the burden of the outlot off the
homeowners. She said the association is open to other options, but overall wants to
dissolve the association.
Mr. Rogers said after taking comments and concerns, the association has voted and agreed
to sell the outlot. He asked for City approval of the sketch.
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Planning Commission Minutes
August 15, 2007
Page 7
Planning Manager Senness said many older homeowner's associations were created for the
sole purpose of maintaining open space outlots. After 1996, the protected status went away
for outlots and if a homeowner's association wishes to dispose of the outlot and dissolve,
the City would not object. She said the HOA establishes its own rules and operates
separately from the City, and the City is not a party to the HOA.
Planning Manager Senness asked about the width of the road.
Senior Planner Drill said a standard 28 -foot street width is what would be recommended in
this case so parking could occur on both sides of the street.
Planning Manager Senness said the developer would be required to keep streets clean
during the time of construction, and the City requires a street cleaning contract. City
Engineer Moberg said it would be hard to differentiate the cost of maintenance to add a
relatively small cul-de-sac to the 300+ miles that the City currently maintains.
Planning Manager Senness said in regard to change in status of the outlot, there was a
complete overhaul of the ordinance in 1996. There was public notice about the change, but
not mailed to every home. She added that most PUD's were rescinded at that time.
Planning Manager Senness said in regard to setting a precedent for potential development
of outlots, every situation has its own set of factors. She said the City Attorney has advised
that if there is no conservation easement over an outlot and it meets the City's other
requirements, it does become a developable piece of land.
Commissioner Davis said viewing this property from Northwest Boulevard, it appears to
be high on a hill. He asked if there would be significant grading to produce this
development. Commissioner Davis also asked the size of the six proposed homes
compared to existing homes nearby.
Mr. Fretham said there is no grading plan yet, but he does not envision significant fill. He
said there is potential to save or move most of the existing trees. Mr. Fretham said there
are no housing plans yet, but the lots are slightly bigger than lots in the neighborhood. He
said houses could be bigger but the site doesn't lend itself to put mansions on it. He said
they would develop the site and look for a builder.
Commissioner Neset asked about the rain garden/pond.
City Engineer Moberg said that the City does not require submission of drainage
calculations with a sketch, so that the developer can get a sense of what the City is looking
for before they start spending significant amounts of money. The next step would be
submittal of a preliminary plat with drainage calculations that would need to be supported
to indicate ponding would be adequate.
Approved
Planning Commission Minutes
August 15, 2007
Page 8
Commissioner Neset said a couple of homeowners would be impacted as a result of this
outlot being developed. He said they have gotten used to the open space and it would be a
challenge to get used to development especially when their expectation was that it would
remain open space. Commissioner Neset said one idea is to remove Lot 3 and shift the
other houses up and away from affected existing property owners. This could also
accommodate the pond and a natural buffer between them.
Commissioner Jaffoni asked if positioning of the homes when viewed from Northwest
Boulevard would be consistent with the existing. She said it be nice to retain the setback
and look to that thoroughfare.
Mr. Fretham said they would honor the 50 -foot setback from Northwest Boulevard in
addition to the backyards of the houses. He said it is a busy street and there would be
increased screening along Northwest Boulevard.
Commissioner Jaffoni said there were comments on traffic and asked what makes turning
north difficult.
City Engineer Moberg said there currently are challenges with the turning movement left
onto Northwest Boulevard which won't go away or get any better, but wouldn't consider
the additional 50-60 trips per day over a 24-hour period of time to have a significant impact
on those traffic movements.
Commissioner Weir said the berm on the east side of the outlot would still exist and the
vision of the houses would be somewhat remote.
Commissioner Davis noted that Lots 1 and 6 seem problematic as the homes would be too
close to existing homes. He said his recommendation would be to do something with those
two proposed homes.
Chair Holmes said the aerial photo indicates that the dense tree line along Northwest
Boulevard ends at the open space. He said if the tree line were continued with more
mature trees, it wouldn't look like a new development and it would aesthetically hide the
view of Northwest Boulevard. Chair Holmes said further development of plans for
ponding may determine the property is not big enough to support six lots, but may be able
to support five. He said this is a dramatic change and a tough one for the people who abut
the outlot.
Commissioner Davis said he supports the resolution with no changes.
MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the
resolution providing comments to LakeWest Development Co. on the pre -application
sketch review of a potential subdivision for six single-family lots on Outlot A, Heritage
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Planning Commission Minutes
August 15, 2007
Page 9
Woods Estates 2nd Addition — located northeast of 57th Avenue and Teakwood Lane. Roll
Call Vote. 6 Ayes. MOTION approved unanimously.
8. ADJOURNMENT
MOTION by Chair Holmes, without objection, to adjourn the meeting at 8:45 p.m.