HomeMy WebLinkAboutPlanning Commission Minutes 01-03-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
January 3, 2001
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Karl Neset,
Kapila Bobra, John Stoebner, Sarah Reinhardt and Roger Berkowitz
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, Senior Planner Kendra Lindahl, Planning Assistant Josh Doty, City Engineer Dan
Faulkner, and Office Services Supervisor Denise Hutt
1 CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra to approve the
December 20, 2000 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved
unanimously.
5 CONSENT AGENDA
A PARKERS LAKE BAPTIST CHURCH (20186)
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz recommending
approval of a sign variance request for Parkers Lake Baptist Church on property located at 14720
County Road 6. Vote. 7 Ayes. MOTION approved unanimously.
6 PUBLIC HEARINGS
A GM HOMES (20103)
Chairman Stulberg introduced the request by GM Homes for rezoning from FRD (Future
Restricted Development) to RMF -2 (Multiple Family 2), preliminary plat, site plan, conditional
use permit and variance for 11 townhomes to be known as "Summer Creek" located at 16225 Old
Rockford Road.
Senior Planner Lindahl gave an overview of the December 28, 2000 staff report.
Approved
Planning Commission Minutes
January 3, 2001
Page #2
Chairman Stulberg asked how long the site has been guided LA -2. Senior Planner Lindahl
answered that the site has been guided LA -2 since at least 1996, and most likely for the past 20
years.
Chairman Stulberg asked what is allowed under an LA -2 guiding. Senior Planner Lindahl replied
everything from single family to townhomes, but not more than 6 units per acre.
Chairman Stulberg stated that they would have to increase the number of units on the parcel by a
small amount to meet the City's housing density goal, and that the proposal misses the City's
housing affordability goals completely. Senior Planner Lindahl agreed.
Chairman Stulberg stated that in order to meet the City's housing affordability goal, at least 21
percent of the units must have purchase prices of $135,000 or less. Senior Planner Lindahl stated
that in this case, it would mean three of the 11 townhome units should be affordable to meet the
housing affordability goal.
Commissioner Reinhardt questioned why the applicant isn't being required to put the trail in on
Old Rockford Road at this time. Senior Planner Lindahl explained that the trail has not been
constructed on either side of the subject property, and it is likely the entire trail segment will be
done when Old Rockford Road is reconstructed.
Chairman Stulberg introduced Greg Frank of McCombs, Frank, Roos and Gene Shellerud, owner
of GM Homes, representing the petitioner. Mr. Frank stated that this is an infill project and as
such, the site is difficult with the constraints of Plymouth Creek bisecting the site. Mr. Frank
stated that Plymouth Creek is a floodplain and is DNR protected. He stated that they are
proposing a crossing of the creek with two large culverts, which will not impact upstream or
downstream properties. Mr. Frank gave an overview of the drainage plan. He said that project
will allow the same runoff as currently is experienced now. Chairman Stulberg asked if there is
any chance that the project will improve the flow. Mr. Frank said that there may be marginal
improvement. Mr. Frank stated that the condition to add additional landscaping is acceptable to
the developer, as are all conditions listed in the staff report.
Mr. Shellerud stated that GM Homes is exclusively a townhome builder since 1994. He said that
they buy, develop and build and completed 167 townhomes last year. He stated that they are
currently building in six municipalities. Mr. Shellerud presented pictures of a similar project that
has already been built. He said that they are building the exact same project that they are
proposing currently in Savage. Mr. Shellerud stated that all of their projects have a homeowners
association.
Commissioner Bobra asked what the square footage of the proposed units is and the expected
purchase price. Mr. Shellerud stated that the units will be approximately 2,800 square feet, not
including the basement, and the price range will be $380,000 to $450,000.
Approved
Planning Commission Minutes
January 3, 2001
Page #3
Commissioner Reinhardt asked what restrictions the homeowners will have. Mr. Shellerud stated
that they will build within the restrictions of the City of Plymouth. He said that the submitted
plans include four season porches and decks. Commissioner Reinhardt asked if the potential
buyers will be made aware that a swimming pool or an addition may be prohibited because of the
impervious surface area coverage. Mr. Shellerud replied that a statement to the affect can be
made part of the development agreement or disclosure packet, if the City so chooses.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced letters from Roger J. Bertelsen of 16360
41st Avenue dated
December 28, 2000; Mr. and Mrs. Erik Sass of 4125 Xene Lanedated December 30, 2000; and,
Betty A. Stensrud, President of Westbranch Twinhomes dated January 1, 2001.
Chairman Stulberg introduced Jan Hartmann of 4115 Xene Lane. Ms. Hartmann stated that she is
concerned with the placement of the cul-de-sac and road which is close to her lot. She is
concerned with drainage and how it would flow. Ms. Hartmann presented pictures of the pond
near her home and stated that it has been slowly losing water since they moved here in 1993. She
stated that continued loss of the wetland through developments is a concern. Ms. Hartmann
stated that she is concerned with the location of the retaining wall and that maintenance of the cul-
de-sac will blow sand and snow into their property. She asked if there will be any constraints on
the homeowners that purchase the townhomes pertaining to trees, etc.
Chairman Stulberg introduced Erik Sass of 4125 Xene Lane. Mr. Sass stated that he is concerned
with the location of the retaining wall and the road in proximity to their property line and the
treeline. He presented pictures of the treeline on the 4125 Xene Lane property running adjacent
to the proposed development. He said that he would like to see the treeline maintained. Mr. Sass
stated that he is concerned with runoff from the road and spraying salt that could damage the
treeline. Mr. Sass asked about the hours of construction and if they could be restricted to the
hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
Chairman Stulberg introduced Betty Stensrud of 16345
42nd Avenue North. Ms. Stensrud stated
that she is concerned that the topography of the site may be changed enough to create additional
problems with water drainage to the Westbranch Townhomes. She requested that the culvert
drain toward the east jurisdictional wetland #2. Ms. Stensrud recommended that the landscaping
be heavier along the street to alleviate a potential problem for those twinhome owners.
Chairman Stulberg introduced George Stickney, representing Roland and Beverly Farr of 16225
Old Rockford Road. Mr. Stickney said that he represents the current owners, which have lived
here since 1978. Mr. Stickney said that the Farrs have seen all of the development take place in
the area. Mr. Stickney stated that the residents along Xene Lane won't see any back windows, as
they will have a tree buffered area.
Approved
Planning Commission Minutes
January 3, 2001
Page #4
Chairman Stulberg introduced Len Wall of 16325
42nd Avenue North. Mr. Wall stated that he is
concerned with the potential loss of the treeline between his property and the proposed
development.
Chairman Stulberg introduced Dennis Phillips 4135 Xene Lane. Mr. Phillips stated that he is
concerned with construction noise. He said that ponds have been filling in from the erosion on his
property. Mr. Phillips stated that he has talked with engineering staff previously about the erosion
issue. Mr. Phillips said that when it rains, Plymouth Creek is like a raging river. Mr. Phillips
expressed concern with traffic and safety issues related to access on Old Rockford Road. He
asked if the snow removal will spill over to their property and kill off what trees they do have.
Mr. Phillips wanted to know how many people were noticed about this proposed development.
Chairman Stulberg closed the public hearing.
In response to questions raised, City Engineer Faulkner gave an overview of the drainage plan
indicating that nothing will be elevated and should have no adverse affect on the area surrounding
the proposed development. City Engineer Faulkner explained that the applicant has to abide by
the erosion control element of their plan, which is checked by City staff continually throughout
the development. City Engineer Faulkner suggested a double row of silt fence near the creek. He
said that the applicant is required to provide a financial guarantee to ensure that all silt fences
remain in place during construction. City Engineer Faulkner stated that the preexisting drainage
condition may be improved by this development. He said that City staff is aware of the silt
problem in Plymouth Creek.
Director Hurlburt stated that both developments near the site were built before treatment ponds
were required, which has resulted in the siltation problem. She said that the proposed
development will be built to today's standards which are stricter than previous ponding
agreements.
City Engineer Faulkner stated that the applicant is required to place a temporary fencing on their
property during construction to protect existing trees. Chairman Stulberg asked City Engineer
Faulkner to get in touch with Mr. Phillips to discuss the erosion problem on his property.
City Engineer Faulkner stated that Old Rockford Road is designed to handle heavier traffic and
since more development has occurred, people are more cognizant of the speed and safety issues.
He said that staff feels that the proposed entrance is in a safe location.
Director Hurlburt stated that City ordinance prohibits construction between the hours of 10:00
p.m. and 7:00 a.m., Monday through Sunday.
Approved
Planning Commission Minutes
January 3, 2001
Page #5
Senior Planner Lindahl stated that the floodplain is established by the elevations, and it does
include the southwest portion of the site that is wetland. She stated that the Wetland
Conservation Act was established in 1991. Director Hurlburt stated that there was a lot of
farmland and other property that is now categorized as a wetland, but you wouldn't know it by
looking at it.
Mr. Frank stated that the area between the curb line and the property line is approximately 10 feet
at the cul-de-sac and increases up to 40 feet as you near Old Rockford Road. He assured the City
that no construction will take place on other people's property. He said that some of the land
currently drains to the southwest, and that they are proposing to catch and drain the water to the
other pond which should improve existing drainage conditions on Westbranch. Mr. Frank stated
that for the most part, the trees along the northwest corner of the site will be retained per the tree
preservation plan. He added that some trees along the east side of the property line will also be
preserved. Mr. Frank stated that a snow fence will be placed around the existing trees to ensure
preservation.
City Engineer Faulkner commented that it is likely that snow will be pushed off to the east for
storage. He said that the residents shouldn't encounter any big spray from City trucks.
Mr. Frank presented a picture of what the retaining wall will look like. He said that the proposed
fence will likely be three to three and one-half feet tall on top of the retaining wall.
Mr. Shellerud stated that the CIC (Common Interest Community ) documents state that the
residents are prohibited from doing anything in the common area. They can request an
amendment through a committee.
Senior Planner Lindahl said that homeowners do have restrictions on what can be planted in a
wetland buffer. She said that the City Forester does check tree fencing before they begin grading.
Senior Planner Lindahl stated that two notices were sent pertaining to the proposed development
to property owners within 750 feet of the site, which does include most of the Westbranch
Townhome owners. She said that a legal notice was published in the official city newspaper and a
proposed development sign was posted on the site.
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval
of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land
located at 16225 Old Rockford Road and the findings of fact for rezoning of property located at
16225 Old Rockford Road. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval
of a preliminary plat for GM Homes for "Summer Creek" located at 16225 Old Rockford Road.
Roll Call Vote. 7 Ayes. MOTION approved unanimously.
Approved
Planning Commission Minutes
January 3, 2001
Page #6
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval
of a site plan, conditional use permit and variance for GM Homes for property located at 16225
Old Rockford Road.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Reinhardt requiring the
developer to add two additional trees to screen the west end of proposed development. Roll Call
Vote on MOTION to Amend. 7 Ayes. MOTION to Amend approved unanimously.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Berkowitz requiring the
applicant to provide disclosure on impervious surface area coverage and building rights.
Commissioner Berkowitz asked if the impervious surface is to the entire development rather than
a single lot. Director Hurlburt responded affirmatively. Roll Call Vote on MOTION to
Amend. 7 Ayes. MOTION to amend approved unanimously.
Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
B DAN -BAR HOMES, INC. (20165)
Chairman Stulberg noted that the item was withdrawn by the applicant.
MOTION by Chairman Stulberg, seconded by Commissioner Reinhardt to close the public
hearing and take no action. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
7 NEW BUSINESS
A DARIN AND KAMI AHO (20180)
Chairman Stulberg introduced the request by Darin and Kami Aho for a variance for a four foot
high fence in a front yard for property located at 4605 Cottonwood Lane North.
Planning Assistant Doty gave an overview of the December 22, 2000 staff report.
Commissioner Bobra asked if staff has received any complaints from neighbors pertaining to the
fence. Planning Assistant Doty replied that he received one call from a neighbor that objected to
the fence.
Commissioner Reinhardt asked how the applicant came about to the City when the fence was
already built. Planning Assistant Doty stated that he didn't realize the fence was built until he had
performed a site check after the staff report was prepared. He said that the applicant would have
to address why the fence is four feet high versus the ordinance standards of three feet.
Approved
Planning Commission Minutes
January 3, 2001
Page #7
Chairman Stulberg introduced Darin Aho, the applicant. Mr. Aho stated that the fence is
primarily to keep their dog contained. He stated that because of liability issues, they would like to
prevent the neighborhood children from entering their yard to use the playground structure. Mr.
Aho stated that they have numerous people walk through their back yard from the soccer fields at
Zachary Park. He stated that their contractor told them that if the fence wasn't installed now,
they would have to wait until April or May. Mr. Aho stated that they do have the contingency to
lower the fence from four feet to three feet if needed. Mr. Aho stated that the variance
application was submitted on November 22 and the fencing was completed December 4.
Commissioner Berkowitz asked if the applicant had any contact with City staff regarding the
fence after they made application. Mr. Aho replied negatively.
Commissioner Bobra asked if a three foot fence would solve the applicant's problem. Mr. Aho
said that because their dog is 80 pounds, they would need the four foot fence.
Commissioner Reinhardt asked if they considered a higher fence nearer the home so they
wouldn't need a variance. Mr. Aho replied that they want to utilize that area for play space.
Commissioner Reinhardt asked how far from the street the fence is. Planning Assistant Doty
stated that the fence is not placed in the right of way, but rather on the property line, but it differs
from what the applicant's plan shows.
Commissioner Neset asked where the fence would have to be located on the property in order for
it to be higher. Planning Assistant Doty pointed out on the survey where the applicant could have
a four feet to six foot fence around the property (even with the front building line).
Chairman Stulberg introduced Lois Sherber of 11340
46th Avenue. Ms. Sherber stated that she
concerned with the view from her property and the potential negative impact on her property
values. She said that she already looks across at their side property, which is not the normal front
yard view.
Chairman Stulberg asked Ms. Sherber if one foot would make a difference. Ms. Sherber replied
probably not.
Commissioner Berkowitz asked if the variance would allow continuation of the fence in the front
for the future. Chairman Stulberg stated that if the Commission approves the variance, they
should be careful to state that it is per the revised drawings. Director Hurlburt said that the
resolution would reference the plan, nothing more.
Commissioner Reinhardt asked what the ordinance intent is on front yards pertaining to fences.
Director Hurlburt said that fences are limited in front yards because of aesthetic purposes and
corners of public streets for right-of-way view.
Approved
Planning Commission Minutes
January 3, 2001
Page #8
MOTION by Commissioner Stoebner, seconded by Commissioner Bobra recommending
approval of a variance for the existing four foot high fence in the front yard for Darin and Kami
Aho on property located at 4605 Cottonwood Lane North.
Commissioner Stoebner said that the lot is unique and that the two streets create the problem.
Commissioner Reinhardt stated that a six foot fence would be more appropriate. She stated that
the fence shouldn't have been put up without City approval. Commissioner Reinhardt stated that
the fence shouldn't be automatically approved just because it is already in place.
Commissioner Berkowitz concurred. He said that the applicant does have other options available
to them.
Roll Call Vote. 2 Ayes. MOTION failed on a 2-5 Vote. (Commissioners Reinhardt, Stein,
Berkowitz, Neset and Chairman Stulberg voted Nay.
MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz to deny a variance
for a four foot high fence in the front yard for Darin and Kami Aho on property located at 4605
Cottonwood Lane North.
Commissioner Reinhardt stated that they have an option of up to a six foot fence in their back
yard for the dog.
Roll Call Vote. 5 Ayes. MOTION approved on a 5-2 Vote. (Commissioners Bobra and
Stoebner voted Nay.)
8 OTHER BUSINESS
Director Hurlburt told Commissioner to RSVP to Denise if they plan to attend the Planning
Commissioner orientation on January 10.
Commissioner Stein thanked the staff for four years of education, and stated that it has been a
pleasure working with the Planning Commissioners. He thanked Chairman Stulberg for all his
work and stated that he runs a great meeting. He added that it is to the City's benefit that
Chairman Stulberg will serve on the Commission for another year.
Chairman Stulberg thanked Commissioner Stein and wished him well on his move to the City
Council.
Director Hurlburt thanked Commissioner Stein and said that it is always nice to see a Planning
Commissioner move on to City Council.
Approved
Planning Commission Minutes
January 3, 2001
Page #9
MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to adjourn. Vote. 7
Ayes. MOTION approved unanimously. The meeting adjourned at 9:04 p.m.