HomeMy WebLinkAboutPlanning Commission Minutes 05-04-2005Approved Minutes
City of Plymouth
Planning Commission Meeting
May 4, 2005
MEMBERS PRESENT: Vice Chair Frank Weir, Commissioners James Holmes, E.J.
Clyman, and Kathleen Murdock
MEMBERS ABSENT: Chair Peggy Larson, Commissioners Nancy Franke -Wilson and
Sarah Anderson
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling,
Planner Joshua Doty, City Engineer Ron Quanbeck, and Office Support Representative
Janice Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4.
4. APPROVAL OF AGENDA
MOTION by Commissioner Murdock, seconded by Commissioner Holmes,
recommending approval of the May 4, 2005 Planning Commission Agenda. Vote. 4 Ayes.
MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE APRIL 20, 2005, PLANNING COMMISSION
MINUTES
MOTION by Commissioner Clyman, seconded by Commissioner Murdock,
recommending approval of the April 20, 2005 Planning Commission Minutes. Vote. 4
Ayes. MOTION approved.
6. PUBLIC HEARINGS
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A. EXECUTIVE HOMESITES (2005020)
Vice Chair Weir introduced the request by Executive Homesites, LLC. for rezoning and a
preliminary plat for "Executive Woodlands" for 15 single-family detached lots, for
property located at 405, 415, and 425 Harbor Lane North.
Senior Planner Darling gave an overview of the April 26, 2005 staff report.
Senior Planner Darling said there is a revised resolution requiring the applicant to construct
a rain garden at the back of Lots 7 and 8 to encourage additional infiltration as the
applicant was unable to secure easements to install drain tile to solve a water pooling
problem.
Senior Planner Darling stated a letter had been received from David O. Miller, 925
Kingsview Lane, urging denial of the proposed development request. She said a letter
from Tyler and Anne Hess, 315 Harbor Lane, was received which was not against the
development but listed concerns regarding the trees, man made drainage, pond overflow
and appearance, and the access road. She said the Hess letter raised concerns about private
drain tile in their back yard and resulted in the revised resolution. Senior Planner Darling
said staff and the property owners believe the drain tile system leads over to the wetland.
A condition in the resolution states the applicant must provide information on the drain tile
and how the applicant will accommodate the existing drainage pattern.
Commissioner Holmes asked if there are recorded easements for the existing drain tile.
Senior Planner Darling said there are no easements but it appears the drain tile carries
foundation water from the house down to the wetland.
Vice Chair Weir introduced the developer, Tony Froehlich 11295 61St Street NE,
Albertville, MN. Mr. Froehlich said this is an ideal property to do infill and it gives a great
transition from the RSF-1 to RSF-2. Mr. Froehlich said this type of development seems to
help considerably with urban sprawl. Mr. Froehlich said he knew about the drain tile
before but did not know they would be responsible and they will do something about that.
Mr. Froehlich said he had not yet read the revised resolution.
Vice Chair Weir introduced the engineer for the development, Darrell Kvasager, 5701
Vinehill Road in Minnetonka. Mr. Kvasager said they met with the neighbors at a public
meeting three months ago. They reduced the number of homes from 16 to 15 because of
the wetland issues encountered. Mr. Kvasager explained the three drainage patterns of the
property. He said that post -development, 60% of the surface area will flow in a drainage
system down to the pond on the south end.
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Mr. Kvasager said he recently discussed the concept to install a Keystone structure for the
pond which would reduce the size of the pond footprint but would maintain the same
capacity.
Mr. Kvasager said they have proposed a landscape plan but would like to resurvey the trees
this spring to determine if any trees are dead or diseased. Mr. Kvasager said he thinks 30
additional trees on the tree inventory could be saved. He said he would like to work with
the City to try to save more trees.
Mr. Kvasager said they had attempted to secure an easement for drainage and utilities on
adjacent properties to the southwest. However, the current property owner declined
granting of an easement.
Mr. Kvasager said they want to be good neighbors and attempted to include the neighbor to
the north in resolving drainage issues.
Commissioner Clyman asked for an explanation of Keystone.
Mr. Kvasager explained Keystone is a linked concrete block that can be used for retaining
walls.
Director Hurlburt said the plan reviewed does not include Keystone and she asked City
Engineer Quanbeck if it would meet the City's standards.
City Engineer Quanbeck advised that he has seen this used around portions of ponds and
noted that access for future maintenance must be available.
Director Hurlburt said there are safety issues regarding the height of this wall and the City
is ultimately responsible for maintenance and this would also add significant cost. She said
the Planning Commission would review only what is proposed.
Commissioner Clyman asked for clarification of the tree inventory and the preservation of
an additional 30 trees.
Senior Planner Darling explained the ordinance doesn't say you have to save 50% of the
trees. But if you do not, you have to replace 1.25" for every inch removed over the 50%
threshold. She said Mr. Kvasager thinks he can rework the tree inventory to save more
trees once he gets the building plans.
Vice Chair Weir opened the public hearing.
Vice Chair Weir introduced Tanya Mueller, 505 Harbor Lane. Ms. Mueller said she is
concerned about the preservation of the trees and loss of wildlife and birds. She said the
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number of big trees lost can't be replaced. She said she has written the City about drainage
issues but has not had a response. Ms. Mueller stated someone drove over her property
without permission. Ms. Mueller stated that Executive Homesites has an unsatisfactory
status with the Better Business Bureau and she has a concern about the project getting
completely developed. Ms. Mueller said the lots are smaller than others in the area and it
looks like homes will be on top of each other compared to the rest of the neighborhood.
Vice Chair Weir introduced Pat Murray, 504 Kingsview Lane. Mr. Murray read excerpts
from the Zoning Ordinance and Comprehensive Plan regarding rezoning. Mr. Murray
stated he, and his three grown daughters who were present, oppose this proposed
development. Mr. Murray disagreed with staff's finding that the parcel is underdeveloped.
His analysis of rezoning is that it is linked to the Comprehensive Plan and you cannot
consider one without the other. He said the Planning Commission should review life -cycle
housing goals. Mr. Murray said affordable housing was discussed but the applicant
determined they could not meet the City's affordable goals. Mr. Murray referenced the
staff report stating this proposal would not affect adjacent properties and 60% of the trees
will be removed. Mr. Murray said it is very difficult to appreciate the stand of trees from
the one dimensional maps being viewed. Mr. Murray said the people who buy the homes
would benefit from their woods as it would be around their new homes. Mr. Murray said
the woods belong to all adjoining land owners. Mr. Murray said this proposal rezones a
minuscule piece of land for RSF-2 and it is in a very significant woods and natural habitat.
He said it has been planned this way for more than 40 years and it is no accident that Ithaca
and Juneau Lanes were not punched through before. Mr. Murray encouraged denial of the
proposal but said if this is redeveloped, close attention should be paid to the
Comprehensive Plan regarding density, the woods and open space. He said a financial
guarantee should be addressed in the resolution.
Vice Chair Weir introduced Jim Weil, 805 Kingsview Lane, said he supported Mr.
Murray's comments.
Vice Chair Weir introduced Pam Miller, 925 Kingsview Lane. Ms. Miller said she wants
the rezoning to stop as it takes away affordable homes in Plymouth. Ms. Miller quoted a
Minnesota Legislative Report on Affordable and Lifestyle Housing saying Plymouth
removed 10 homes and built only 5 new homes, none of them under the $183,000
affordable limit. Ms. Miller said this is a trend that needs to stop. If the City continues to
allow people to build million dollar homes, affordable housing will be impossible. Ms.
Miller said she is a single mother and has lived in Plymouth her entire life and would like
to raise her child here. She said there is a high population of single mothers in Plymouth
and they cannot live here without affordable housing. Ms. Miller said a win-win situation
would be for the developer to donate a portion of the property to Habitat for Humanity.
Plymouth would gain affordable housing, the developer would get money and they both
would work with the environment.
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Vice Chair Weir introduced Robert Anderson, 604 Kingsview Lane. Mr. Anderson said
the whole neighborhood is upset and he does not understand this development since the
developer doesn't own the property. Mr. Anderson said there is an undercurrent from the
developer to get the City to help get an easement from the property owner (for drain tile).
Mr. Anderson said there is a traffic backup now at Carlson Parkway. He said he worried
about the effect of the proposed development if the developer would ask for an easement
so a road might get punched through on Kingsview Lane.
Vice Chair Weir introduced Lynn Marksberry, 509 Kingsview Lane. Mr. Marksberry
asked how the pond drainage would function in a wet year and in the 100 -year flood.
Vice Chair Weir introduced Bryan Klotz, 406 Kingsview Lane. Mr. Klotz concurred with
comments regarding the runoff water problem and expressed concern about an increase in
water. Mr. Klotz said he objects to rezoning because it would eliminate the reasons his
family chose to live in Plymouth. He said the RSF-1 zoning is important for an uncrowded
feeling and they moved there in 1999 for privacy and the natural feeling afforded by woods
and large lots. Mr. Klotz said the City's pride in natural environment has always impressed
him. He stated that rezoning would be cheating him and his neighbors out of why they
purchased their homes in the first place.
Vice Chair Weir introduced Tyler Hess, 315 Harbor Lane. Mr. Hess thanked Senior
Planner Darling and Senior Engineering Technician Darrell Johnson for their assistance.
Mr. Hess said his main concern is the proposed pond as there are many mature trees on the
property line and roots from 50 -foot trees cross the property line. He said the applicant's
engineer has identified some trees on his property which possibly may be damaged. Mr.
Hess said the trees give his property land value and shade. He purchased this 1957 house,
not for the house, but for the size of the lot and what was on it. Mr. Hess said he currently
has no water problems inside his home as the drain tile carries the water somewhere. He
said he is concerned about debris in the ponds, mosquitoes and added he does not want to
see a Keystone retaining wall.
Vice Chair Weir introduced Betty Oberg, 400 Juneau Lane, who said she has walked the
site and questions the direction of the proposed water flow. Ms. Oberg said due to gravity
and water running downhill, the runoff will end up in her backyard. She said roofs,
driveways and streets will cover areas that water used to sink in and this will affect well
water. Ms. Oberg said she has lived here since 1973 and woods and wildlife are so
important to life. She said Plymouth promised they would retain a nice livable community,
but they are going backwards and have dollar signs in their eyes instead of being open for
the people who have lived here. Ms. Oberg said she wants to look at the lovely trees in her
backyard - not a bunch of houses that are stacked on top of each other.
Vice Chair Weir introduced Daniel Dorland, 14530 Gleason Lake Drive. Mr. Dorland
stated that the wildlife in the area was more vivid and plentiful 7 years ago when his family
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moved here. He said the beauty will vanish if we continually take the woods away. Mr.
Dorland said there will be more noise if the trees are removed. Mr. Dorland questioned if
3 lots becoming 15 lots would really be adding quality to life. Mr. Dorland concluded that
if the building continues in Plymouth, it will not be called a beautiful place to live.
Vice Chair Weir introduced Matt Dorland, 14530 Gleason Lake Drive. Mr. Dorland said
that in 1998 his family moved here to a quiet suburban lot with woods and undeveloped
land. Mr. Dorland said this has been a haven for wildlife and a pleasant backdrop for their
tree house. If the trees were removed, the sound buffer from I-494 would be dissolved.
Vice Chair Weir introduced Harold Bakke, 815 Kingsview Lane. Mr. Bakke said the
proposed development would increase hard surface areas, including 4th Avenue, more than
5 times. He said 5 times the water will flow on the property on the west side and he
believes people cannot be forced to grant an easement unless they agree to sell their
properties. Mr. Bakke referenced Lots #7 and #6 and said their elevations were 5.5 and 7.5
feet below the high water level.
He said the retention pond is designed for 100 -year storms and asked how this compared to
the pond at the end of Kingsview Lane which is designed for a 200 -year event. The
resolution requires the lowest floor elevation at least 2 feet above the high water table
which would increase the lowest floor elevation by 9 feet for Lot #7 and 11 feet for Lot #6.
Mr. Bakke said the grades will also have to be increased which will cause additional water
flow problems. Mr. Bakke said if this proposal is approved, an independent professional
engineer should review the plans and the infrastructure should be verified by an
independent consultant. Mr. Bakke concluded by stating this proposal is against his
wishes.
Vice Chair Weir introduced Jim Hebeisen, 730 Kingsview Lane. Mr. Hebeisen said that
research shows that during heavy seasons of rain, trees absorb more water. Mr. Hebeisen
said the water problem will be exacerbated when trees are removed. Mr. Hebeisen said
that City Forester Paul Buck had commented a few years ago that the stand of oaks on
Kingsview Lane is superb compared to the rest of the City. He said he is very concerned
about adjoining neighbors' trees as oak roots do grow together as far as 100 yards away.
Mr. Hebeisen questioned why this proposal would be approved, and an increase in the tax
base is not a good enough reason. Mr. Hebeisen said the Commission is elected to
represent the people and the only people present who want this proposal approved are from
Albertville and Minnetonka.
Vice Chair Weir introduced Jerry Bartow, 520 Kingsview Lane. Mr. Bartow encouraged
the Planning Commission to deny the application.
Vice Chair Weir introduced Max Wilhelm, 508 Kingsview Lane Mr. Wilhem said he is
opposed to rezoning as large houses on small lots would not enhance the neighborhood.
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He said he likes the modest homes and woods, wildlife, deer, fox, birds and pileated
woodpeckers.
Vice Chair Weir introduced Scott Nathe, 420 Kingsview Lane. Mr. Nathe said he and his
wife moved here from Brooklyn Park in April, 2003 as it is close to their work. He would
like both his daughters to enjoy the deer that roam their yard.
Vice Chair Weir introduced Ruth Koran, 416 Kingsview Lane. Ms. Koran stated she
opposes the proposal and submitted another letter stating her opposition. She said the
proposed development would increase the number of people coming in and would create
more crime and vandalism. The proposal would eliminate a place for shelter and food for
native wildlife. She said that at the winter public meeting Mr. Froehlich had suggested that
permits could be issued to shoot the deer. Ms. Koran said as a teacher in the Wayzata High
School with 35 students or larger in her class, she questioned the developer's goal to
support education by increasing the tax base. Ms. Koran said that high-end homes recently
constructed on tiny lots have been on the market for a good year and remain unsold. The
developer's vision of the proposed development is to be close to employment for
homeowners, but Ms. Koran said there is no reason to believe the new residents will be in
nearby work centers so that statement is meaningless. She referenced the developer's
transportation goal and said people with million dollar homes drive Hummers, not bicycles.
Ms. Koran noted that the map on the City's website does not match the developer's
preliminary plat map. She said her research indicated the soil at the site is not conducive
for new construction. She said traffic is high with the 17,500 daily vehicles and it is
difficult turning left on to Harbor Lane. She said they cannot handle Parade of Homes
traffic. Ms. Koran said the zoning map does not show pockets of RSF-2 cutouts next to
RSF-1 zoning. She said this rezoning does not fit in her backyard.
Ms. Koran said it is hard to find an affordable home and added that it is not a coincidence
there are eight teachers on her block. Ms. Koran said she moved here 2 years ago and
would have paid $8,000 over the asking price for her house and the land, even with known
serious water problems. Ms. Koran said she is not willing to handle additional water
problems and she is not impressed with the developer's plans to solve water problems. Ms.
Koran said there would be roadway and street lights shining into her backyard from the
proposed development. She said the developer has no respect for the community and
would be bad for the City of Plymouth.
Vice Chair Weir introduced Mark Luksan, 320 Juneau Lane. Mr. Luksan asked if the pond
would only periodically hold water. He said he is concerned about living close to the pond
with 2 young children. Mr. Luksan echoed sentiments that the proposed development
would not be in keeping with the character of the neighborhood and said he feels tax
revenue is the only reason to go forward with the proposal. Mr. Luksan said the woods is a
corridor that extends from Gleason Lake Drive and the Luce Line, and the proposed
development would cut that corridor in half and affect the ecosystem.
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Vice Chair Weir introduced Leigh Hendrickson, 725 Kingsview Lane. Ms. Hendrickson
said she has a general concern for the City's plan for this area and knows developers have
been pursuing other homeowners in area. She said she hopes the Planning Commission
will be thoughtful and planful when addressing such rezoning.
Vice Chair Weir introduced Mike Lichty, 14525 7th Avenue N. He said his development
was the last development on the west side of Harbor Lane, 33 years ago. He said these
were affordable houses for police, teachers and nurses. He said from personal experience it
is very hard to salvage trees around construction. Mr. Lichty asked why rezone to RSF-2
when RSF-1 would be acceptable. He said there is no area around the neighborhood with
this type of density.
Vice Chair Weir introduced Sue Hebeisen, 730 Kingsview Lane. Ms. Hebeisen said there
is drain tile behind her house, and her yard is always wet. She said two years ago during a
heavy rain she could have canoed in her back yard. Ms. Hebeisen said she does not think
drain tile will help the drainage problems.
Vice Chair Weir closed the public hearing.
Director Hurlburt asked for further explanation of the pond and the water flow.
Mr. Kvasager explained that the runoff system is designed to handle a post -development
100 -year event. He stated that the post development runoff would be less than pre -
development rates. Mr. Kvasager stated that the property owners have a drainage problem
coming from the lot to the north, which the developer cannot take care of. Mr. Kvasager
said in the event the storm pipe in the pond were plugged, the weir would allow the water
to flow over land to the street to the east. He said the combination of a 100 -year event and
pipe plugging would be very rare.
Mr. Kvasager said the City would not allow basements on the three lots next to the pond
and the first floor elevation would be 2 feet above the high water mark of the pond. Mr.
Kvasager said this is the same for the other lots near the wetland on the north side.
Director Hurlburt asked if raising the elevation is significant and how it would impact the
grading plan.
Mr. Kvasager said the elevation of the houses will not affect the grading plan because they
are slab on grade and would be 2 feet higher than the high water elevation of the pond. Mr.
Kvasager said a soils investigation was done and determined there was no high water table.
He said there is perched water, which is water that cannot get through the clay layer.
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Mr. Kvasager said in regard to affordable housing, he does know the property value has
significantly changed since the three homes were built 45 years ago. He said the developer
had a clear understanding that they were within the Zoning Ordinance requirements and
this would be an addition to the City; they never anticipated being called irresponsible or
bad and want to be good neighbors. Mr. Kvasager said they had asked a neighbor if he
would consider selling an easement because, after the winter meeting, it was evident the
water problems in the back yards were significant and they thought they had a solution.
Mr. Kvasager said the City of Plymouth requires a 100 -year event pond. He could not
address a 200 -year event and said he would be surprised if the City of Plymouth as a matter
of policy would require a 200 -year event pond.
Mr. Kvasager said the sewer lines, water and storm lines exist. He said improvements
would be borne by the developer and transferred to the City of Plymouth on completion.
Mr. Kvasager said one issue they will revisit this spring is to determine the value of the
wetland in the northwest corner of the property. He clarified that there will be no drain tile
the pipes will be storm drain pipes.
Vice Chair Weir asked about a change in zoning without the property owners' permission.
Mr. Kvasager said the property owners living there now signed the zoning application.
Vice Chair Weir asked if this property could be rezoned without plat approval.
Director Hurlburt said the City's level of discretion is very high when it comes to rezoning.
She explained that under the Comprehensive Plan, there is usually more than one zoning
district to meet objectives. She said if the City approves rezoning there would be very little
discretion to deny the plat. If it is not rezoned, the plat cannot be approved.
Vice Chair Weir asked what the value of the homes would be in the proposed
development.
Mr. Kvasager replied the value would be in the range of $750,000 to $1,125,000.
Director Hurlburt clarified that maps on the City's websites did not match the developer's
survey because they are very generalized and based on an aerial photo. The developer must
prepare a very detailed analysis.
Director Hurlburt stated the City has no plan to propose rezoning for this area of the City at
this time. The proposal is being reviewed because land owners and their agents asked the
City of Plymouth to consider this. She said other property owners can make requests and
the City is obligated to review those requests.
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Commissioner Clyman asked about the 2.5 unit density.
Senior Planner Darling stated the 2.5 units per acre is in the middle of the density range.
She added that 2 to 3 units per acre could be developed under the current zoning.
Commissioner Clyman asked if the City Engineer endorses the mechanics of the
southernmost pond as presented.
City Engineer Quanbeck said there are requirements for the design of the ponds. He said
the drainage requirements are reviewed by the City's consultants and would also be
reviewed by the Bassett Creek Watershed.
Director Hurlburt asked if a traffic light is proposed.
City Engineer Quanbeck said he didn't know if a traffic light at Harbor Lane and Gleason
Lake Drive would meet required warrants. He said a traffic light could be considered if the
traffic is backing up from Carlson Parkway.
Commissioner Clyman asked if the developer's standing with the Better Business Bureau
is satisfactory and inquired about financial guarantees.
Director Hurlburt said the City cannot comment on a developer's standing with the Better
Business Bureau. She said financial guarantees are required on any public improvements
and items such as landscaping, tree preservation and wetland buffers, and they would be
required to have contracts with the City and post a letter of credit.
Commissioner Holmes asked if there would be no basements on Lots 7, 6, 13, 14 and 15.
Mr. Kvasager answered affirmatively and added construction would be 2' above the high
water elevation as defined by the drainage pond.
Commissioner Holmes asked if these houses would be 3 -stories high with no basement.
Mr. Kvasager responded there are height restrictions and reiterated there would be no
basements on those lots.
Commissioner Holmes clarified that the role of the Planning Commission is to help growth
and planning in an organized fashion, not to generate revenue taxes. He added the
neighborhood is cursed with big lots and older, smaller homes and he said developers will
be knocking on your doors. Commissioner Holmes stated the land values far exceed the
home values and said the neighbors would need to band together if they don't want
development. He said land owners have the right to sell their property, adding others may
want a development in their backyard versus the earlier speakers who stated they did not
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want this development in their backyards. In viewing this project, Commissioner Holmes
said he is not sure rezoning is the proper approach because the water issues continue to
create some problems for him and the developer could do 85% of the project without a
rezoning. Commissioner Holmes stated he would vote against the proposal.
Commissioner Murdock echoed Commissioner Holmes' comments and she said enough
doubts were raised in her mind about rezoning. She said she is very concerned about the
shortage of affordable housing in the City of Plymouth and would vote against the
proposal.
Commissioner Holmes said he does not agree with the affordable housing aspect as the
developer has to build a big house to make it profitable.
Commissioner Clyman concurred with Commissioners Murdock and Holmes and said it
would not be appropriate to change the zoning from RSF-1 to RSF-2. He added there are a
lot of issues yet to be resolved on this particular plan.
MOTION by Commissioner Holmes, seconded by Commissioner Murdock, to deny the
request by Executive Homesites, LLC. for rezoning and a preliminary plat for "Executive
Woodlands" for 15 single-family detached lots, for property located at 405, 415 and 425
Harbor Lane North. Vote. 4 Ayes. MOTION approved unanimously.
7. NEW BUSINESS
A. DISCUSSION ON COMPREHENSIVE PLAN(2005020)
Director Hurlburt recommended postponing the Comprehensive Plan discussion to the
May 18, 2005 meeting due to the late time.
MOTION by Holmes, seconded by Murdock, to postpone the discussion on the
Comprehensive Plan to the May 18, 2005 Planning Commission meeting. Vote. 4 Ayes.
Motion approved.
8. ADJOURNMENT
MOTION by Commissioner Holmes, seconded by Commissioner Murdock to adjourn the
meeting at 10:01 p.m. Vote. 4 Ayes. Motion approved.