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.