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HomeMy WebLinkAboutPlanning Commission Minutes 06-29-2005Approved Minutes City of Plymouth Planning Commission Meeting June 29, 2005 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, Nancy Franke -Wilson, Kathleen Murdock, and James Holmes MEMBERS ABSENT: Commissioners Sarah Anderson and E.J. Clyman STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Marie Darling, Senior Planner Shawn Drill, Planner Joshua Doty, City Engineer Ron Quanbeck, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Chair Larson recommended Item 6E be heard as the first item under the public hearing. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the amended June 29, 2005 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 15, 2005, PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the June 15, 2005 Planning Commission minutes. Vote. 5 Ayes. MOTION approved. B. SKYLINE DESIGN, INC. (2005067) MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Skyline Design, Inc. for a variance to allow construction of a 240 square foot room addition that would increase the impervious surface from 46% to 48% for property located at 995 Yuma Lane North. Vote. 5 Ayes. MOTION approved. Approved Planning Commission Minutes June 29, 2005 Page 2 6. PUBLIC HEARINGS E. CARLSON'S PIANO WORLD (2005061) Chair Larson introduced the request by Carlson's Piano World for a conditional use permit to allow an accessory enclosed retail area in the I-2 (General Industrial) Zoning District for property located at 13810 -24th Avenue North. Planner Doty gave an overview of the June 21, 2005 staff report. Chair Larson opened and closed the public hearing as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Carlson's Piano World for a conditional use permit to allow an accessory enclosed retail area in the I-2 (General Industrial) Zoning District for property located at 13810 -24th Avenue North. Roll Call Vote. 5 Ayes. MOTION approved. A. CINGULAR WIRELESS (2005037) Chair Larson introduced the request by Cingular Wireless for a conditional use permit to allow installation of a 75 -foot monopole with telecommunications antennas and related equipment at Messiah United Methodist Church located at 17805 County Road 6. Senior Planner Darling gave an overview of the June 21, 2005 staff report. Chair Larson introduced Deborah Weiss, Cingular Wireless. Ms. Weiss said she represents Cingular Wireless and is available for any questions. Chair Larson opened and closed the public hearing as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Murdock, to approve the request by Cingular Wireless for a conditional use permit to allow installation of a 75 -foot monopole with telecommunications antennas and related equipment at Messiah United Methodist Church located at 17805 County Road 6. Roll Call Vote. 5 Ayes. MOTION approved. Approved Planning Commission Minutes June 29, 2005 Page 3 B. RICHARD ELSEN CONSTRUCTION, INC. (2005051) Chair Larson introduced the request by Richard Elsen Construction, Inc. for a preliminary plat, minor subdivision, and variance for "Medicine Lakeview Estates" for two single family lots, for property located at 1829 Forestview Lane North. This item was continued from the June 15, 2005 Planning Commission meeting and the public hearing remains open. Planner Doty gave an overview of the June 21, 2005 staff report. Chair Larson introduced Rick Elsen, 11317 Toledo Avenue North. Mr. Elsen said he concurs with the staff report and is available for any questions. Chair Larson closed the public hearing as no one was present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Richard Elsen Construction, Inc. for a preliminary plat, minor subdivision, and variance for "Medicine Lakeview Estates" for two single family lots, for property located at 1829 Forestview Lane North. Roll Call Vote. 5 Ayes. MOTION approved. C. BEAUTIFUL SAVIOR LUTHERAN CHURCH (2005057) Chair Larson introduced the request by Beautiful Savior Lutheran Church for land use guide plan amendment, rezoning, site plan amendment, and conditional use permit for a church expansion for property located at 5005 Northwest Boulevard. Planner Doty stated the draft resolution for the site plan amendment and conditional use permit had been revised. Planner Doty gave an overview of the June 20, 2005 staff report. Commissioner Weir asked if the existing spire at the church would remain. Planner Doty answered affirmatively. Chair Larson introduced Diane Hummon, 4445 Glacier Lane North. Ms. Hummon said she represents Beautiful Savior Church. Ms. Hummon said they have a large community involvement and she hopes that this addition will add to that. She said the church does not have a spire at this time, only a cross. Chair Larson opened and closed the public hearing as there was no one present to speak on the item. Approved Planning Commission Minutes June 29, 2005 Page 4 MOTION by Commissioner Weir, seconded by Commissioner Murdock, to approve the request by Beautiful Savior Lutheran Church for a land use guide plan amendment, rezoning, site plan amendment, and conditional use permit for a church expansion for property located at 5005 Northwest Boulevard. Roll Call Vote. 5 Ayes. MOTION approved. D. EXECUTIVE HOMESITES, LLC (2005059) Chair Larson introduced the request by Executive Homesites, LLC for a preliminary plat for "Executive Woodlands" a subdivision of 12 lots for single-family dwellings for property located at 405, 415, and 425 Harbor Lane North. Senior Planner Darling gave an overview of the June 21, 2005 staff report. She indicated emails from Ruth Koran and Bryan Klotz were received by the City and are now part of the public record. Chair Larson introduced Tony Froelich and Darrell Kvasager, Executive Homesites, LLC. Mr. Froelich said he is available for any questions. He said the drainage plan has reduced the drainage to the west by nearly 25 percent. He said the drainage to the south is being helped by a proposed berm. He said there are only two trees located on the south property line that would be affected by the pond. Mr. Froelich said there would be a 60 -foot easement for the street construction and an additional 10 feet required by the City. He said they will work with the City Forester to keep as many trees as possible. He said in regards to affordable housing, the property values in Plymouth are high. He said the average sale price in this area is $420,000. He said the City of Plymouth as a whole, has an average sale price of approximately $375,000. He said affordable housing in this area does not exist. Mr. Kvasager said he is concerned with Item 9i (show elevation of lowest opening for adjacent homes) on the draft resolution because he is unsure he can get the permission of the owners. He asked what would happen if he couldn't get the permission of the owners. City Engineer Quanbeck said the concern is to see how they relate to the existing properties and to show there would be no additional impact. Mr. Kvasager said he wants the resolution to state that if they can't get permission from the owners, this won't hold up the construction process. Director Hurlburt said we would have to work on the language. She said if the preliminary plat is approved, she said she would hope the neighboring properties would cooperate in order to identify there wouldn't be a drainage problem. Mr. Kvasager said in reference to item 9d of the draft resolution, they would prefer to not move the pond because it would reduce the rear area of the lots. He said the trees to the south are right on the property line which would require them to move the pond 6 feet to the north. He said doing this would change the proposed location of the building pads. He said they would like to work with the property owner in regards to these two trees. Director Hurlburt asked if these trees are shown on the tree preservation plan. Senior Planner Darling answered affirmatively. Director Hurlburt said they can't remove item 9d from the resolution. Approved Planning Commission Minutes June 29, 2005 Page 5 However, language could be added to say the trees could be disturbed with the permission of the owners. Chair Larson opened the public hearing. Chair Larson introduced Dale Wilhelm, 508 Kingsview Lane North. Ms. Wilhelm said the wildlife would be affected by the change of the wetland. She said the wetland and wooded area allows the wildlife to survive here. She said there are many different species of birds that live here that they enjoy. She said all of these birds and animals are dependent on the wetland and wooded area. Chair Larson introduced Max Wilhelm, 508 Kingsview Lane North. Mr. Wilhelm said the wetland was considered a medium quality wetland until recently when it was downgraded to a low quality. He said he doesn't feel this is accurate. He said the wetland goes beyond the open water. He asked that the developer revise the plan to fit the town, rather than change the town to fit their plan. Chair Larson introduced Ruth Koran, 416 Kingsview Lane North. Ms. Koran said she lives west of the proposed site. She said the new proposal does not comply with the guidelines in the Comprehensive Plan. She said her biggest issue is the water. She said the western portion of the proposed site drains onto her property. She said she has already had issues with flooding. She said in the spring the western portion of the proposed site is under water. She said because of the water problems, some of the proposed homes don't have basements. She said the DNR said the building of these homes would increase the water flow onto her property. She said trees absorb a lot of water. When you remove a tree, you not only lose a tree, but you lose its ability to use up some of the water. She said when you remove the trees, you remove the buffer from I-494, adding to the noise levels. She said there will be loss of privacy with the building of the road and homes. She said the site is heavily wooded and provides a habitat for many animals. The developer is proposing to remove the trees from this site and sell the lots based on the amenity of the adjacent wooded properties. She said the developer does not have a good reputation and is not in good standing with the Better Business Bureau. She said the developer has entered her property without permission. She said the traffic study was done during winter break which was not an accurate study. She said the area should be preserved. Chair Larson introduced Jerry Bartow, 520 Kingsview Lane North. Mr. Bartow said he objects to the subdivision proposed. He said the natural areas should be preserved. He asked what the City's procedures are for preserving natural areas. He asked what procedures are used for defining a wetland. Approved Planning Commission Minutes June 29, 2005 Page 6 Chair Larson introduced Elizabeth Oberg, 400 Juneau Lane North. Ms. Oberg submitted a petition signed by 48 residents opposing the development because the plans destroy mature woods, interfere with existing habitat, eliminate key water processing, fail to protect wetlands, and unduly disturb the existing environment. Ms. Oberg said she is very concerned about the animals. She said the wetland in the rear of her yard was so large that they brought in dirt and built a berm to prevent standing water. She said removing the trees, changing the lay of the land, and adding hard surface coverage will cause water drainage problems. She said the proposed homes will not blend in with the existing neighborhood. Chair Larson introduced Tanya Mueller, 505 Harbor Lane North. Ms. Mueller said she has concerns with how many trees will be removed. She asked what guarantee there would be for replacement of trees that are lost years down the road because of this development. She said the wildlife depends on the woods for survival. She said she has concerns with the added traffic this development would generate. She said she has concerns with the direction of the water runoff. She said the contractor accessed her property without permission and caused damage. She said she has concerns with how long it will take to sell the homes. She said this neighborhood cannot support 12 additional million dollar homes. She said the water retention pond is close to a bus stop which poses a danger to the children. Chair Larson introduced Lynn Marksberry, 509 Kingsview Lane North. Mr. Marksberry said the area that is designated wetland doesn't look accurate. He said this is not low quality wetland. He stated he believes the City is vulnerable on the rating of the wetland. Chair Larson introduced Pat Murray, 504 Kingsview Lane North. Mr. Murray said he has reviewed the staff report and the proposed plan and he opposes the preliminary plat request because it doesn't achieve proper balance according to the Comprehensive Plan requirements. He showed the definitions of exceptional, high, medium, and low quality wetlands. He said both of the wetland areas should be classified as high quality. He said the two wetlands are much larger than depicted. He said the Zoning Ordinance does not give a definition of wetland. Chair Larson introduced Anne Hess, 315 Harbor lane North. Ms. Hess said she lives to the south of the proposed site. She said she has concerns with the berm because her property would then be lower, causing drainage problems along the property line. Approved Planning Commission Minutes June 29, 2005 Page 7 Chair Larson introduced Daniel Dorland, 14530 Gleason Lake Drive. Mr. Dorland said he is 12 years old and has lived here for 7 years. He said he is concerned about the wildlife that lives in the woods and wetland areas. He said there are many different species of birds that would be affected. Chair Larson introduced Matt Dorland, 11530 Gleason Lake Drive. Mr. Dorland said the trees will be destroyed to build the homes before they have buyers. He asked what the houses are going to look like on the exterior. He said a dozen new houses in this area would not enhance the neighborhood. He said there are million dollar houses down the road that haven't sold yet. He said the wetlands should be classified as high quality because of the many species of birds that live there. Chair Larson introduced Dave Anderson, 450 Harbor Lane North. Mr. Anderson said his home is to the east of the proposed site. He said he can understand the financial motivation of the owner, developer, and the City. He said his main concern is the location of 4th Avenue coming into Harbor Lane, which is directly across from the front of his house. He said there hasn't been sufficient planning with that intersection and what affect it would have on the traffic flow and safety. He said the storm basins are currently being dug up and repaired in preparation to seal coat the road. He said now they are going to mill Harbor Lane and 4th Avenue and put a new layer of asphalt down. He said 4th Avenue should connect to Harbor Lane closer to where the existing 4th Avenue connects. He said there are many children in the neighborhood and the visibility is bad where the bus stops. He said he is also concerned with the location of the pond. He said this will pose a large safety hazard with the numerous children in the neighborhood. He asked how this project will impact him with the removal of the existing houses, the construction of new houses, the construction of the road, and the dirt tracked into Harbor Lane. He asked what impact there would be with the heavy truck traffic. He said he would like a report from the City on what the impact of this development would be. He asked what happens if the houses don't sell and the developer goes under, is there a guarantee that the debris is picked up and the maintenance issues are handled. He asked how long the construction process would take. He asked who would enforce getting the project done in a timely manner. Chair Larson introduced Terry Rosen, 425 Harbor Lane North. Ms. Rosen said they have lived in their home for 18 years and have enjoyed the wetland and wooded area. She stated she has noticed the adjacent neighbors using her property and did not build a fence to keep them out. She said Hans Hagen clear cut trees and developed 17 homes on the property across the street. She said the animals are still there. She was originally opposed to the development but now she has neighbors to be friends with. She said she hopes a new intersection would slow traffic down. She said when Carlson Approved Planning Commission Minutes June 29, 2005 Page 8 developed, they cleared the woods. She said the animals are still there. She said she appreciates that the developer has asked to save more trees. She said this development will enhance the neighborhood. She said the curving of the road would also be an enhancement. She said this development would increase the surrounding property values. She said there is adequate planning for improving the drainage issues. She said the wildlife will still be there. She said the new owners will maintain their yards and the woods that remain. She said the migrating birds will still migrate. She said by mid-July the northern area of the wetland starts to dry up. She said the noise from I-494 has increased over the last 5 years due to increased traffic. She said she is pleased to be working with this developer and feels this is a good plan. Chair Larson introduced Skip Rosen, 425 Harbor Lane North. Mr. Rosen said the northern wetland area is typically drying up by June. He said the noise from I-494 is there but you can hold a conversation. The planes going overhead make more noise. He said this developer has a good reputation and previous homebuyers have had positive things to say about him. He said the proposed lots are the same size as the neighboring lots on Kingsview Lane. He said this is his property and he has rights to develop the land. Chair Larson introduced Mark Shepperd, 415 Harbor Lane North. Mr. Shepperd said this is private property. He said this isn't the Minnesota Zoo. He said we are in the City of Plymouth. He said the deer are sickly and survive only because they eat from the neighborhood gardens. He said they have always been generous with the property, allowing neighborhood children to play in the woods. He said it is private property and they have the right to develop it. Ms. Mueller asked if she could speak for a second time. Chair Larson answered affirmatively. Ms. Mueller said the northern wetland has been wet for the entire summer for the last 6 years. She said the developer did not have her permission to be on her property. Chair Larson closed the public hearing. Director Hurlburt asked for an explanation of the definition of a wetland. Planning Manager Senness said the Zoning Ordinance includes a definition of wetland. She said there are 3 criteria. In this case, there was no dispute about what the boundary was so there was no need for a technical evaluation panel. She said the burden for a change to wetland classification is on the applicant. She said between the applicant's wetland specialist and the City's water resources engineer goes out and makes a determination. Staff did agree with the developer's classification of low quality. Approved Planning Commission Minutes June 29, 2005 Page 9 Director Hurlburt asked staff to address the comments made in regards to guarantees with trees. City Engineer Quanbeck said the City requires a financial guarantee from the developer to cover construction of public improvements, erosion control, and tree preservation. If these things weren't done right, the City could draw on those funds to correct the problem. Director Hurlburt said in regards to issues raised about the price of the homes and what they would look like, she said the subdivision is for the how the lots and streets are laid out. She said the Zoning Ordinance will determine the setbacks and certain parameters such as general building materials. She said the construction of the homes are governed by the State Building Code. The City doesn't require the developer to show the look or design of the house. Chair Larson said we had a discussion regarding making some regulations on height and determined that we don't want to be putting those kinds of regulations on single family homes. Director Hurlburt said we are seeing older neighborhoods where older homes are being removed and newer designs are being built. She said we looked at putting some architectural guidelines in, however that was rejected by the Planning Commission and the City Council. There are some basic parameters but we allow for the freedom to design. Chair Larson said we are discussing the preliminary plat which is how the property will be divided up. Director Hurlburt said we certainly appreciate the disruption that occurs with construction. She said we can't prevent that in a community that is growing and changing. Director Hurlburt said the City's Parks and Open Space system is a means by which the City can preserve natural areas. She said the Comprehensive Plan has indicated areas where they would like to acquire open space park land. She said there was a broad inventory done and a bond referendum to purchase additional land. She said the proposed site was not shown on the inventory. Director Hurlburt asked staff to address the issues raised with the location of 0, Avenue and the current road repairs. City Engineer Quanbeck said they meet with street maintenance frequently to see what they are doing with reconstruction projects. He said this area is not in the reconstruction plan for the next five years. He said we have catch basin repairs all over the City which is a normal process. He said he would not be in favor of moving the proposed 4th Avenue intersection on Harbor Lane closer to the existing 4th Avenue. He said to move it to the south you would have to straighten out Harbor Lane and impact the property across the street. He said this small jog helps with traffic calming. He said it is a feature that many neighborhoods would like to see. He said it would be more beneficial to move the intersection to the north rather than the south. He said any damage to the streets would be required to be repaired as part of the developer's project. He said the developer puts together a plan and the City reviews it to see if it is a safe layout. He said the City found this plan to be satisfactory. Approved Planning Commission Minutes June 29, 2005 Page 10 City Engineer Quanbeck said there are a number of ponds throughout the City and they are designed for safety. He said the City requires a ten -foot wide bench with vegetation which makes it easier to get out of the pond. In regards to the berm near the pond, that would prevent the pond from flowing into the southern property. The developer does have to show how the drainage would be maintained along the property line. He said the drainage to the west cannot be increased. The developer indicated they would be decreasing the runoff by 25 percent. He said there is off-site drainage that doesn't have anything to do with this development that also impacts the adjacent properties. Chair Larson asked about the prices and schedule for the sale of the properties. Mr. Froelich said they have done an extensive amount of marketing and found that houses between $800,000 and $1,000,000 would be marketable. He said their intention is design - build construction so the owners get what they want. He said the building permit is good for six months with one six month extension allowed. He said the income levels in Plymouth indicate that these house are marketable. He said the lots would be priced at approximately $300,000. He said their intention would be to have it sold out within a 4 year period. He said on some occasions the lot is bought for investment and sits empty for a period of time. He said for houses in this price range, construction would take about 12 months. Commissioner Wilson said someone had said the City is financially motivated by this request. Director Hurlburt said there is some impression that the City nets tax credits when properties are built. She said the City is under tax levy limits. She said the City doesn't necessarily collect more because of the cost of the home. She said we do collect fees for permits, and utility installations which are offset by the cost of inspections and monitoring the development. Commissioner Wilson said there is no staff more professional than that of Plymouth. Commissioner Holmes said he is in favor of the project. He said the developer has been more than flexible. He said this property will get developed at some point in time. He said if you own the property you have rights to do with it what you want. He said he will be voting in favor of the request. Commissioner Weir concurred. He said the person who owns the property has every right to develop it as long as they follow the rules of the City. He said he will support the request. Chair Larson said she appreciates the comments and concerns of the speakers, however she will support this request as this is a private piece of property and the owners have the right to sell. Commissioner Wilson said she also understands the concerns of the neighbors, but will vote in favor of the request. Commissioner Murdock said she also has the same types of concerns that were raised here. She said there is limited discretion when the requirements are being met. Chair Larson said the actual guidelines for this property allows for 12-18 homes. She said the property is being developed at the lower end of the density that is allowed. Approved Planning Commission Minutes June 29, 2005 Page 11 MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Executive Homesites, LLC for a preliminary plat for "Executive Woodlands" a subdivision of 12 lots for single-family dwellings for property located at 405, 415, and 425 Harbor Lane North. Chair Larson asked the developer if he agrees with the resolution and conditions. Mr. Froelich answered affirmatively. Director Hurlburt said in regards to the issues raised with items 9d and 9i of the draft resolution, staff would need to change them to reflect the previous discussion. Roll Call Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS A. DAMIEN AND KRISTEN WOLF (2005046) Chair Larson introduced the request by Damien and Kristen Wolf for variances for construction of a new single-family home for property located at 10610 South Shore Drive. Senior Planner Drill gave an overview of the June 15, 2005 staff report. Commissioner Holmes asked about the effectiveness of rain gardens to compensate for increased impervious coverage. Senior Planner Drill said the rain garden swale would hold runoff and allow it to infiltrate. During heavy storm events, runoff would be picked up by the storm sewer pipe and directed to Medicine Lake. Commissioner Holmes asked about pervious materials for the driveway that would allow infiltration. Senior Planner Drill said the City has reviewed pavers and other similar products, but those systems compact the soil below which generally results in higher runoff rates. The City would give credit for the interstitial spaces. Chair Larson asked about the water runoff directly to the lake. Senior Planner Drill said the runoff would first go through a swale that would become a rain garden area. He said some of the silt would be captured in that area before it reaches the lake. Chair Larson introduced Damien Wolf, 340 Louisiana Ave North. Mr. Wolf spoke in support of the request and said he is available for any questions. Commissioner Holmes said it is a challenge to have the lake in the rear and the garage in the front. Mr. Wolf said they have allowed for some storage under the porch for smaller items like fishing rods. He said the garage is intended for storage of larger equipment. Approved Planning Commission Minutes June 29, 2005 Page 12 MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request by Damien and Kristen Wolf for variances for 1) redevelopment of a non- conforming lot, 2) impervious surface coverage, 3) detached garage in the front yard, and 4) side yard setback for construction of a new single-family home for property located at 10610 South Shore Drive. Vote. 5 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Chair Larson, with no objection, to adjourn the meeting at 10:45 p.m.