HomeMy WebLinkAboutPlanning Commission Minutes 03-16-2005Approved Minutes
City of Plymouth
Planning Commission Meeting
March 16, 2005
MEMBERS PRESENT: Vice Chair Frank Weir, Commissioners James Holmes, E.J.
Clyman, Nancy Franke -Wilson, Sarah Anderson and Kathleen Murdock.
MEMBERS ABSENT: Chair Peggy Larson
STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planners
Shawn Drill and Marie Darling, Associate Planner Kip Berglund, City Engineer Ron
Quanbeck, Housing Program Manager James Barnes, Housing Specialist Tracy Jones, 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 Holmes, seconded by Commissioner Murdock,
recommending approval of the March 16, 2005 Planning Commission Agenda. Vote. 6
Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE MARCH 2, 2005, PLANNING COMMISSION
MINUTES
MOTION by Commissioner Anderson, seconded by Commissioner Wilson,
recommending approval of the March 2, 2005 Planning Commission Minutes. Vote. 6
Ayes. MOTION approved.
B. TIBURON HOMEOWNER'S ASSOCIATION (2005012)
MOTION by Commissioner Anderson, seconded by Commissioner Wilson,
recommending approval of the request by the Tiburon Homeowner's Association for a site
plan amendment to allow construction of an accessory building located at 3399 Pilgrim
Lane North. Vote. 6 Ayes. MOTION approved.
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6. PUBLIC HEARINGS
A. PERL DEVELOPMENT (2005001)
Vice Chair Weir introduced the request by Perl Development for rezoning, preliminary
plat, site plan, and conditional use permit for a 43 -unit townhouse development for
property located at 3735 and 3855 County Road 101.
Senior Planner Drill gave an overview of the March 8, 2005 staff report. He stated that to
date, the City has received one letter regarding the proposal. The letter was from Michael
Murphy who lives in the development to the north, and the letter is now part of public
record. Senior Planner Drill stated that in response to a concern raised in the letter, the
applicant has since changed the landscaping plan to include a row of amur maple shrubs
along the north lot line to address the privacy issue raised by Mr. Murphy.
Vice Chair Weir introduced Marry Campion, a civil engineer with Otto Associates who
represents the applicant. Mr. Campion stated they agree with all the conditions listed in the
resolutions. He also stated that he was aware that some of the neighboring landowners
have concerns about drainage. Mr. Campion provided detailed information on the
proposed ponding system, elevations, and how the drainage would flow. He said drainage
in the area ultimately drains into an existing wetland located to the northwest. He said a
berm is situated between the subject development and the development to the north. He
added that if seepage from the pond is a concern, any seepage would be intercepted by the
swale before it gets to the homes to the north. Mr. Campion said the elevation of the
surface overflow swale is two feet lower than existing homes, so the swale in the rear yards
would address drainage concerns of wet basements.
Vice Chair Weir opened the public hearing.
Vice Chair Weir introduced Lowell Turner, 18130 39th Avenue. Mr. Turner said he is
concerned about storm water draining into the existing 39th Avenue cul-de-sac. He said
there is a nine foot elevation drop toward the cul-de-sac, and storm water will come down
faster with removal of brush and weeds. He said he discussed the catch basin sizes and
locations with Engineering staff, and the catch basins should be relocated closer to the cul-
de-sac. Mr. Turner said he would like to know when the catch basins are installed, so he
can see how it will be done. Storm water now ponds north of his property, and comes right
up to his grass. He said he is concerned that more water will create problems.
Vice Chair Weir introduced Verne Palmberg, 18140 39th Avenue. Mr. Palmberg said he is
the President of the Walnut Grove Pond homeowner's association, which includes 21
homes on 39th Avenue. He said when they purchased their homes, they were assured that
39th
Avenue would remain a dead end cul-de-sac. He said he saw an earlier plan showing a
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street connection from the proposed development to County Road 101, but has now learned
that there would be no direct access to County Road 101. He said their association does
not want 39th Avenue extended through this development to Medina Road. At the meeting,
Mr. Palmberg submitted four letters from members of their association. He said a cul-de-
sac adds value to a neighborhood, creates a secure feeling, and defines boundaries. He also
expressed concerns about drainage and additional traffic. He said the Perl site provides
habitat to a variety of animals such as fox, rabbits, and pheasants. He said he feels there
would be a quite a bit of space between the one proposed single-family townhome and their
property.
Commissioner Wilson asked Mr. Palmberg who it was that gave them assurance that 39th
Avenue would not be extended in the future.
Mr. Palmberg corrected his language, stating that they were not assured that the street
would not be extended, but rather they had assumed that the street would not be extended.
He said when you look at the cul-de-sac, you would think it would never be changed.
Vice Chair Weir introduced Art Meyer, 17905 39th Place. Mr. Meyer asked about
affordable housing, and what that would do to the value of their property.
Vice Chair Weir introduced Elaine Johnson, 17930 39th Place. Ms. Johnson said she is on
the homeowner's association board for the Orchards of Plymouth subdivision. She said
they are concerned about water problems, as some homeowners near the pond have
experienced erosion. Ms. Johnson said some homeowners have also experienced flooding
in basements. She said if the new development is approved, she would like an affidavit
from the City of Plymouth stating that the City will be responsible for any water damage
that comes to their property.
Vice Chair Weir introduced Jean Hillstrom'1795539 th Place. Ms. Hillstrom said she lives
north of the proposed pond. She has not had water in her basement, but neighbors a few
houses to the east have had to refurbish their basement twice due to water. Storm water
comes into her yard. She recommended that the pond be relocated farther away from her
home, and be larger and deeper.
Vice Chair Weir closed public hearing
Commissioner Anderson asked why Hennepin County would not allow a street connection
from County Road 101.
City Engineer Quanbeck said that County Road 101 was designed for mobility—moving
cars through the area—rather than access. Hennepin County reviewed the drawings and
determined that an access point for this development on County Road 101 would not
conform to their access management regulations and is too close to the intersection with
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Medina Road. City Engineer Quanbeck said Hennepin County has jurisdiction over their
roads. He added that the connection to Medina Road would not have been the City's first
choice, but is the only way to provide the needed access points to the development site.
Commissioner Anderson asked how many accesses there are along that area of County
Road 101.
City Engineer Quanbeck said on the west side of County Road 101, there is one street
access to serve the Orchards of Plymouth to the north, and there are accesses north of
Orchards of Plymouth for Len Busch Roses and single-family homes. On the east side of
County Road 101, he said there are access points at 38th and 40th Avenues.
Director Hurlburt asked City Engineer Quanbeck to comment about extending
39th
Avenue, because one speaker said he had assumed it would remain a dead end.
City Engineer Quanbeck presented an exhibit showing that the right-of-way for 39th
Avenue directly abuts flat against the Perl site for a future connection for the proposed new
street. He said the Walnut Grove Pond plat was laid out to accommodate the future
extension of this planned street.
Director Hurlburt noted that the City requires more than one access when it is possible.
She said it was not possible when Walnut Grove Pond and the Orchards of Plymouth were
developed, but as development in the general area proceeds, the street network will be
expanded. She said there likely would not be a lot of additional traffic on the existing 39th
Avenue because most people in the new development would find it more convenient to
drive south on new Queensland Lane to get to Medina Road. Director Hurlburt also noted
that second access points are important, especially in emergency situations.
City Engineer Quanbeck noted that the northernmost portion of the street (39th Place) in the
Orchards of Plymouth subdivision currently stops at the Len Busch property, and has been
planned to extend through the Busch site if and when that land would redevelop in the
future.
Elaine Johnson asked if the Len Busch site is currently being proposed for redevelopment.
Director Hurlburt stated that no redevelopment plans have been requested or submitted for
that property, however, it is inside the urban service area and could be developed for
housing. She said the street system is designed to ensure that streets could be extended in a
logical manner at some point in the future.
Verne Palmberg said that the existing
39th Avenue cul-de-sac turn -around is not flat on the
south side as City Engineer Quanbeck said.
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Director Hurlburt said the pavement for the turn -around is round, but the right-of-way, or
actual land available for the street, does provide for its extension into the development site
and is flat along the plat boundary. She added that it's not something you can see unless
you look at map showing the dedicated roadway instead of what has been constructed to
date.
Commissioner Murdock noted that drainage appears to be a big issue, and asked about the
possibility of moving the pond to the south away from housing.
Mr. Campion responded the pond is proposed in the northwest corner, where the site
currently drains naturally. Drainage continues flowing northwesterly ultimately to a
wetland. If the pond were relocated to a different location, drainage would still need to get
to the existing wetland. The proposed location is the best location elevation -wise and with
respect to proximity to its discharge location.
Director Hurlburt asked how much storm water would drain toward the 39th Avenue cul-
de-sac.
Mr. Campion said that the City is requiring the developer to relocate catch basins closer to
the cul-de-sac to capture storm water runoff in the street before it gets to that area. He said
the grade is relatively flat at 1.25 % toward the cul-de-sac.
Commissioner Anderson asked about rate of drainage and how it would impact the
Orchards of Plymouth during heavy rains.
City Engineer Quanbeck stated the rate from this site would be the same as pre -
development conditions. He said staff took elevations of the overflow from the existing
pond and compared those to the lowest floor elevations of the buildings in the Orchards of
Plymouth. He said the overflow is 2 feet lower than the buildings. The runoff should not
pond up to the buildings, but may pond up in rear yards. He noted that some residents also
mentioned a problem with ground water and sump pumps. He said the swale would
intercept runoff before it gets to the houses. He said the proposed development would not
necessarily improve the existing drainage situation, but would not add to it.
Director Hurlburt said there was a question about trees and existing vegetation, and asked
what trees would be retained.
Mr. Campion said the applicant has operated a landscape nursery on the site for several
years, and although a high percentage of trees would be removed, most of the trees were
planted by the applicant as nursery stock. He said the planting of those trees impacts the
significant amount of reforestation that would occur for the proposed development.
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Senior Planner Drill presented an exhibit showing the trees that would be removed and
preserved. He also showed the reforestation and landscaping plan showing the new trees
that would be planted as part of the proposed development.
Commissioner Murdock said there was a question about affordable housing and life -cycle
housing.
Director Hurlburt said life -cycle housing is housing designed to meet the needs of people at
various stages of life cycle, such as rental apartments, single-family detached, and lower
maintenance housing such as townhomes. This project would meet that segment of the
market looking for less maintenance. She said the Metropolitan Council says that for
ownership, housing in the $190,000 range is considered affordable, and these units would
be higher so would not be considered affordable housing.
MOTION by Commissioner Murdock, seconded by Commissioner Wilson,
recommending approval of the request by Perl Development for rezoning, preliminary plat,
site plan, and conditional use permit for a 43 -unit townhouse development for property
located at 3735 and 3855 County Road 101.
Elaine Johnson asked about her question whether the City would provide her with an
affidavit taking responsibility for their flooding problems.
Director Hurlburt stated that the City does not give such affidavits. She said the City has
ordinances and development standards, and if they are met, that should address the issues.
If it is found that the City was somehow negligent, there could be a discussion about that.
Commissioner Clyman asked about maintenance of the pond.
Director Hurlburt said the City Council recently adopted a pond maintenance policy. There
is now a procedure that allows homeowners to petition to have the City take over
maintenance and responsibility of existing ponds, including monitoring to make sure they
function properly. New developments would automatically become the responsibility of
the City through plat approval.
Commissioner Clyman asked if staff has been out to the site.
Director Hurlburt stated that staff has been to the site and would continue to look at the
drainage system as necessary.
Commissioner Clyman asked who pays if the City does an inspection and finds some
deficiencies with the pond.
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Director Hurlburt stated that the City would be responsible after it has taken responsibility
of the pond maintenance.
Roll Call Vote. 6 Ayes. MOTION approved unanimously.
B. MARTIN LEEPER (2005009)
Vice Chair Weir introduced the request by Martin Leeper for a conditional use permit to
allow construction of an attached garage that would exceed 1,000 square feet in gross floor
area, for property located at 5525 Juneau Lane North.
Senior Planner Darling gave an overview of the March 8, 2005 staff report.
Vice Chair Weir introduced the applicant, Martin Leeper. Mr. Leeper said he has about
five vehicles and wants his house and property to look nice.
Vice Chair Weir opened and closed the public hearing as there was no one present to speak
on the item.
MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the
request by Martin Leeper for a conditional use permit to allow construction of an attached
garage that would exceed 1,000 square feet in gross floor area, for property located at 5525
Juneau Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
C. KENNETH SCHNEEBERG (2005011)
Vice Chair Weir introduced the request by Kenneth Schneeberg for a conditional use
permit to exceed 1,000 square feet in gross floor area of attached garage space for property
located 11925 44th Avenue North.
Associate Planner Berglund gave an overview of the March 8, 2005 staff report.
Vice Chair Weir introduced the applicant, Kenneth Schneeberg, 11925 44th Avenue North.
He said he also has a collector car that he likes to store inside. The garage would have two
levels with the lower level used for storage. He said his neighbors didn't have concerns
with the addition.
Vice Chair Weir opened and closed the public hearing as there was no one present to speak
on the item.
MOTION by Commissioner Murdock, seconded by Commissioner Holmes, to approve the
request by Kenneth Schneeberg for a conditional use permit to exceed 1,000 square feet in
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gross floor area of attached garage space for property located 11925 44th Avenue North.
Roll Call Vote. 6 Ayes. MOTION approved unanimously.
7. NEW BUSINESS
8. OLD BUSINESS
A. REGULATORY POLICIES AND HOUSING AFFORDABILITY
Continued from the January 19, 2005 meeting) Housing Program Manager Barnes gave
an overview on the study of the impact of regulatory policies and their effects on housing
affordability. He gave a power point presentation that outlined the updates which have
occurred since the 2002 Housing Forum.
Housing Program Manager Barnes reviewed the average rents in Plymouth for the period
1995 — 2004 and noted that the rents had stabilized between 2001 and 2004. Director
Hurlburt pointed out that the Twin Cities area, and Plymouth in particular, had a big surge
of apartment construction after 2001. She said there were over 1,000 new units absorbed
into the rental market and the prediction is that rents will now start increasing again.
Commissioner Murdock asked how the rental costs in Plymouth compare to neighboring
cities.
Housing Program Manager Barnes said there is no information on general rental rates. He
said we do compare fair market rents for Section 8, and try to mirror other comparable
communities.
Director Hurlburt added that the City of Plymouth has mostly had exception rents because
our rents have been a little higher than the overall market in the region. She said the age of
the housing is a factor and Plymouth has newer housing.
Commissioner Clyman asked if the median single family home cost of $324,000 for 2003
included townhomes.
Housing Program Manager Barnes said this figure did not include townhomes or condos.
Commissioner Clyman said the median price of townhomes would be interesting since
townhomes tend to be more affordable.
Housing Program Manager Barnes said that information could be made available.
Director Hurlburt said there is some data in the Planning Commission annual report, which
tracks permit values (excluding land) of new houses, townhomes and apartment buildings.
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She said this can show there is clearly more affordability but this is based on only new
construction whereas the median single family home price is based on all sales, not just
new construction.
Vice Chair Weir asked if he purchased an affordable home in 2004, would this property be
considered an affordable house ten years from now.
Housing Program Manager Barnes responded that if public financing is used for the project
there are different mechanisms that can be used, such as restrictive covenants or a land
trust. In reviewing land trusts, the City Council and HRA had some concerns that the
homeowner did not get the full equity. Housing Program Manager Barnes said the HRA
uses restrictive covenants or mortgage documents. He explained that if the property is sold
and there is public money on the developer's side, any subsequent buyers for 20-30 years
would have to sell to a household that is at 80% median income, thereby monitoring and
preserving the housing for a certain period of time.
Vice Chair Weir asked for an explanation of how a land trust operates.
Housing Program Manager Barnes explained that a land trust removes the cost of the land
out of the purchase. He said when a home owner is buying a house that is in a land trust,
they get financing and pay the cost for the structure and will enter into a long term lease
agreement with the land trust.
Director Hurlburt said the appreciation occurs only on the house, not on the value of land.
She said the house is still affordable but the appreciation advantage is affected.
Commissioner Clyman asked if there are restrictive covenants when public money is
involved in helping a family purchase a home.
Housing Program Manager Barnes said the HRA would have to be owner of the property to
use a restrictive covenant.
Director Hurlburt said it is more common that we have a second mortgage that would help
with the down payment, closing cost assistance or mortgage reduction. If that owner
moves, sells or the home is no longer their principal place of residence that money comes
back to the HRA. Director Hurlburt said the first time homebuyers who want to recycle
that money find the supply of homes in an affordable price range has really decreased.
Commissioner Murdock commented that the City of Plymouth has about 28,000 housing
units, with maybe 11-12% of the housing stock considered affordable. She said she thinks
the challenge for Plymouth is maintaining a certain percentage as affordable.
Commissioner Murdock said at the last few Planning Commission meetings a number of
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higher -end type developments have been approved and she will keep this in mind in the
future.
Director Hurlburt stated that new construction is really tough for affordability, due to land
prices which is five to six times the rate of inflation, changes in building codes, and labor
costs. She said it is easier to maintain an existing house to keep it affordable.
Vice Chair Weir asked for information on the Section 8 program.
Housing Program Manager Barnes explained that the Section 8 program is a federally
funded program created to help pay rent for households who meet income and eligibility
requirements. He said the tenant pays 30% and Section 8 pays 70% of the rent. Housing
Program Manager Barnes added that this is a nationwide program and probably the most
cost effective of any Federal programs to provide affordable housing.
Commissioner Clyman said he feels the Section 8 program provides more of a residual
benefit over a longer period of time for more people and is supportive of affordable rental
housing. Commissioner Clyman asked if there are things the City or Planning Commission
can do to encourage landlords and builders to join the affordable housing program and
asked if the Section 8 program is a hassle.
Housing Program Manager Barnes said there is wide acceptance of the Section 8 program
in the City. He said there are a few extra steps initially in renting to a Section 8 tenant and
there is an annual HUD housing quality standard inspection required for Section 8 tenants.
Director Hurlburt stated the inspection is required anyway to license a rental property. She
stated that the HRA has a good relationship with landlords. Director Hurlburt said if there
is a problem tenant, the landlord gets support from local staff. The rent is paid directly to
the landlord so they do not have to wait for payment. Director Hurlburt said the City of
Plymouth is one of 11 jurisdictions in the metropolitan area administering the Section 8
program. Director Hurlburt said she is very proud of our Section 8 program but the big
problem has been getting enough vouchers. She said at the Federal level there are
proposals to slash funding. The City of Plymouth applies for more vouchers all the time
but gets turned down as we are seen as a more well-to-do community.
Commissioner Clyman asked if any legislators have been supportive of the Section 8
program.
Housing Program Manager Barnes responded that Representative Jim Ramstad is a strong
proponent of housing issues.
Director Hurlburt added that our local legislators have been very helpful, most recently
with project -based Willow Creek Section 8 federal subsidies which expired. They were
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successful in adding 48 vouchers. She said Senator Coleman and Representative Ramstad
were very vocal advocates for continuing CDBG and other federal programs.
Housing Program Manager Barnes discussed the proposed 75- to 96 -unit senior building in
the Shops at Plymouth Creek with anticipated completion in Summer, 2006.
Commissioner Anderson asked if the senior building will be subsidized housing.
Director Hurlburt said this building will be different from Plymouth Towne Square in that
there would not be an ongoing tax subsidy. She said 35% of the units will be affordable to
households at 50% of the median income and will not vary with the tenant's income.
Commissioner Anderson asked if the rents will cover only the operating costs.
Director Hurlburt stated the rents will cover the debt service and operating costs. She said
the HRA is paying the down payment out of its reserve and there would be some tax
increment generated by the Lowe's development.
Commissioner Clyman asked how a builder is monitored to honor an affordability
agreement.
Housing Program Manager Barnes said that there would be a contractual arrangement
depending on the agreement and the developer or owner of the land would file restrictive
covenants.
Vice Chair Weir added that he was a member of the Plymouth Housing Alliance, and said
they were successful in helping a few homeowners but had very little money to work with.
He said several firms are quite willing to give money, however, you have to have at least
one project in progress and a 3 -year budget. Vice Chair Weir said they also got help from
companies that sell construction material which was a big help and suggested this as an
option to check out.
Housing Program Manager Barnes responded that could be looked at but it is staff -
intensive to cultivate those relationships. He said the Builders Outreach Foundation has
helped with a good support from the building community. Housing Program Manager
Barnes said the engineer is preparing the plans at a reduced price, another developer is
donating trees, and Orrin Thompson Homes is going to facilitate development and
construction of the new senior building project.
MOTION by Commissioner Clyman, seconded by Commissioner Wilson to continue the
regulatory policy discussion to the April 6 Planning Commission meeting. Vote. 6 Ayes.
Motion approved.
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Commissioner Clyman requested more information for the next meeting detailing feedback
and conversations from builders regarding potential affordability in project proposals.
9. ADJOURNMENT
MOTION by Vice Chair Weir, seconded by Commissioner Anderson, to adjourn the
meeting. Vote 6 Ayes. Meeting adjourned at 9:17 p.m.