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HomeMy WebLinkAboutPlanning Commission Minutes 05-14-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 149 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Jeff Thompson, Tim Bildsoe, and Saundra Spigner MEMBERS ABSENT: Commissioner Roger Berkowitz STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: No Minutes. 5. CONSENT AGENDA: No items. 6. PUBLIC HEARINGS A. LAURENT DEVELOPMENT COMPANY, INC. (96017) Chairman Stulberg introduced the request by Laurent Development Company, Inc. for a Comprehensive Plan Amendment including a Land Use Guide Plan Amendment to reguide approximately 61 acres of land from LAR (Rural Agricultural) to LA -1 (Low Density Single Family Residential) and to add the area to the urban service area for property located north of Schmidt Lake Road, between Vicksburg Lane North and Fernbrook Lane North. Senior Planner Keho gave an overview of the May 10, 1996 staff report. Chairman Stulberg introduced Gary Laurent, the petitioner. Mr. Laurent stated that the property has been owned by his parents for 30 years and plays a major part in their retirement plans. Mr. Laurent gave an overview of the history of the Planning Commission Minutes May 14, 1996 Page #101 site nothing that in 1981, MUSA was granted for a portion of this property, although they thought at one time all of the their property was inside the MUSA. An RPUD was approved in 1991. Sewer and water service was installed so this site could be developed with the current infrastructure in place. Many meetings and discussions took place concerning the realignment of Schmidt Lake Road. Included in this year's Capital Improvement Projects is a watermain project which would follow the Schmidt Lake Road alignment through the existing Silverthorne Residential Planned Unit Development; therefore, the timing is right to move forward with the development of this site. Commissioner Ribbe questioned what Mr. Laurent meant by "land exchanges" referred to in his letter dated March 26, 1996. Mr. Laurent replied that with the new alignment of Schmidt Lake Road, the land that is currently in Schmidt Lake Road would have to be purchased and the owners compensated with other parcels of land. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Tom Golden of 5364 Vicksburg Lane North. Mr. Golden wondered where the access would be and how many homes are proposed for the development. He asked why the MUSA line couldn't be extended to give him access to sewer and water also. Chairman Stulberg introduced Art Hogan of 4865 Orchid Lane North. Mr. Hogan stated that he lives in the Silverthorne Townhome development. He asked if the Schmidt Lake Road alignment would change from the map that is depicted on the overhead. He asked where Schmidt Lake Road would run in proximity to the Silverthorne Townhomes. In response to questions raised, Mr. Laurent stated that the ingress/egress for the development would be exclusively off Schmidt Lake Road. The buffering to the north side of the development will be natural buffering and along the east side is a wetland. They can't service their entire development because grade elevation prevent the use of gravity flow for the sewer services on the north portion of the hill. The map depicted on the overhead shows the current alignment of Schmidt Lake Road. The new alignment of Schmidt Lake Road in the area of the townhomes starts at the middle of the townhome development and diverts to the north several hundred feet until it meets Vicksburg Lane. Chairman Stulberg stated that the City does have maps showing the proposed alignment of Schmidt Lake Road and anyone is welcome to stop in and take a look. Mr. Laurent explained that this application does not address the preliminary platting of the site, but expects approximately 125 lots to be similar in lot size with the existing residential development to the south. Planning Commission Minutes May 14, 1996 Page #102 Chairman Stulberg stated that staff has recommended tabling this item in order to provide additional information on changes on the sewer plan. MOTION by Chairman Stulberg, seconded by Commissioner Spigner to table the request by Laurent Development Company, Inc. and continue the public hearing to the May 21, 1996 Planning Commission Meeting. B. WESTON CORPORATION (96023) Chairman Stulberg introduced the request by Weston Corporation for a Planned Unit Development Preliminary Plan/Plat, Subdivision Code Variances and Conditional Use Permit for 37 townhomes in Phase Two of Nanterre located south of Schmidt Lake Road, south and east of the Soo Line Railroad, and north of Hollydale Golf Course. Senior Planner Keho gave an overview of the May 10, 1996 staff report. The applicant would be providing additional surface parking spaces throughout the site for guest parking. Commissioner Bildsoe asked if the City would plow the public street area to the cul-de- sac and the homeowner's association would be responsible for the private street areas at both ends of the proposed development. Senior Planner Keho responded affirmatively. Commissioner Bildsoe asked about law enforcement to the area. Senior Planner Keho stated that one of the recommendations of staff was to post "no parking" signs along the public street. He also indicated the private drive aisles are fire lanes and therefore parking would be prohibited by the City. Commissioner Bildsoe asked if the road materials would be the same for both the public and private streets in the development. Senior Planner Keho stated that the materials would have the same standard life expectancy, but they would look different on the surface to distinguish between public and private roads. Commissioner Bildsoe wanted to know how far the private drive is from the railroad tracks and if the home proposed to be built in the corner would be within 20 feet of the railroad. He also wanted to know if the City has any setback requirements that pertain to railroad tracks. Senior Planner Keho replied that it is 20 feet from the private drive to the railroad tracks and the proposed home in the corner would be approximately 25 feet from the railroad. The City does not have any setback requirements for railroad tracks. Commissioner Thompson asked what the 30 foot building setback to the railroad right-of- way pertains to in the staff report. Director Hurlburt explained that is would be 20 feet to the property line and 30 feet to the actual building from the railroad right-of-way. Planning Commission Minutes May 14, 1996 Page #103 Chairman Stulberg introduced Richard Bloom, the petitioner. Mr. Bloom stated that road driveway does get close to the rear right-of-way, but the actual railroad track is quite a bit further back. It has a reasonably well established buffer. In an earlier version submitted to staff, the proposal contained 38 units, but is now reduced to 37 units. The original proposal also had the road go through the middle of the development with double homes on both sides. Many studies were completed in 1992 with the Nanterre development pertaining to the alignment of Schmidt Lake Road and the water tower. Schmidt Lake Road was originally aligned more to the north, but did not meet State requirements, so the road was moved further south which puts more constraints on the site. Drainage from approximately 13 acres of the site will be directed away from the Hollydale Golf Course. Mr. Bloom said he was talking with paving contractors to see what options are available to differentiate between the public and private streets for the development. The fencing and landscaping will be continued along the south side of Schmidt Lake Road. The proposed development will consist of townhomes ranging from 1,800 to 1,900 square feet, each having a three stall garage. The homes will be a combination of stucco and brick. The fence requirement listed in the resolution is still an issue. Mr. Bloom will work with Hollydale Golf Course to explore more options. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Bill Deziel of 4540 Holly Lane North (owner of Hollydale Golf Course). Mr. Deziel stated that he objects to the fence consisting of a four -foot combination split rail and chain link, but will continue to discuss the issue with Mr. Bloom. Mr. Deziel suggested there should be a disclosure regarding the golf course and the possibility of golf balls coming into potential homeowner's yards. Mr. Deziel is still concerned with existing drainage problems, but understands that the culverts are not in place yet. Chairman Stulberg closed the public hearing. Senior Planner Keho agreed that a disclosure could be added into the homeowners association covenants pertaining to golf balls or added into Condition #13A of the resolution. City Engineer Faulkner commented that staffs' position from Engineering relates to some people paying taxes for the right-of-way public street versus others in the development paying for the maintenance of the private streets. Director Hurlburt stated that other developments with private drives did not have appropriate documentation covered through their homeowners association. She felt that Planning Commission Minutes May 14, 1996 Page #104 sufficient documentation could be required in the homeowners covenants. The streets would clearly be different in looks to distinguish between public and private. The applicant originally wanted all private drives in the development, but has compromised significantly. The legislature recently appropriated funds for homeowners associations that do not possess adequate funds for needed repairs. Commissioner Bildsoe thought it is important to have consistency regarding maintenance. If the cul-de-sac was required to go through for the public street instead of a private drive, it would reduce the density along the railroad right-of-way. MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe to recommend approval of the Residential Planned Unit Development Preliminary Plan/Plat, Conditional Use Permit and Subdivision Code Variance for Weston Corp. for property located west of Vicksburg Lane north of Hollydale Golf Course. [The motion would required 49th Place both east and wet of Comstock lane to be a dedicated public street.] Commissioner Spigner is concerned with public and private streets creating a maintenance problem. Restrictions could be on homeowners that are serviced by the private drive compared to those that have the public street. Another issue of concern is the drainage, if the Watershed District does not approve the plan. Mr. Bloom stated that the drainage has been approved by the Watershed District. Commissioner Ribbe is concerned with anything built within 100 feet of railroad tracks. The City should not allow residential structures that close to a railroad because of safety issues. Commissioner Thompson stated he has seen instances with private roads and there have not been problems. If approved, there would still be a combination of public and private streets. The Ordinance does not regulate setbacks from railroads, so the Commission can not address the issue. Commissioner Spigner noted her comment pertained to all private roads in the development. They should be all private or all public. For clarification of the motion, Director Hurlburt stated that the roads would be public except for the private drive in the middle of the development. City Engineer Faulkner concurred. Commissioner Thompson noted that by approving the resolution, more units would be eliminated on both the west and east side of the development. Planning Commission Minutes May 14, 1996 Page #105 Mr. Bloom said if the motion is approved, they would have to start over with a new plan as 10-12 units would be lost. Roll Call Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Thompson, Stoebner and Chairman Stulberg voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Thompson to recommend approval of the Residential Planned Unit Development Preliminary Plan/Plat, Conditional Use Permit and Subdivision Code Variance for Weston Corp. for property located west of Vicksburg Lane north of Hollydale Golf Course deleting Condition #25D of the Engineer's Memo pertaining to the Preliminary Plat. [The motion would permit a combination of public steet and private driveway.] MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to require the homeowners association documents list specifically the caution pertaining to golf balls. Roll Call Vote on Amendment. Vote. 6 Ayes. MOTION carried unanimously. Roll Call Vote on Main MOTION. 3 Ayes. MOTION failed on a 3-3 Vote. Commissioners Spigner, Bildsoe and Ribbe voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Spigner to move item to City Council without a recommendation from the Planning Commission. Roll Call Vote. 6 Ayes. MOTION carried unanimously. C. FAZENDIN BROTHERS, INC. (96041) Chairman Stulberg introduced the request by Fazendin Brothers, Inc. for a Preliminary Plat and Subdivision Code Variance to create seven single family detached lots and Rezoning from FRD (Future Restricted Development District) to R -IA (Low Density Single Family Residential District) for property located south of County Road 6 and west of Hadley Hills. Planner Drill gave an overview of the May 7, 1996 staff report. Commissioner Stoebner asked about the dimensions of the temporary cul-de-sac for the turnaround. City Engineer Faulkner stated it would be a 35 foot radius and 70 feet in diameter. The street would be over 500 feet long, thus it is important for 13th Avenue to be connected for safety reasons and to provide an additional outlet. Planning Commission Minutes May 14, 1996 Page #106 Chairman Stulberg introduced Jeff Fazendin, the petitioner. Mr. Fazendin commented that the site is very steep and difficult to develop. Staff requested that the street to be constructed to the south edge of the development site to allow future connection to 13th Avenue. A meeting was held last week with the neighbors and the only concern raised related to headlights that would shine into a neighbor's back yard. Mr. Fazendin has agreed to plant additional trees to shield that house. In addition, a retaining wall will be installed along the east side of the site. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Anthony Bazoff of 1225 Vagabond Lane. Mr. Bazoff has no objection to the development, but does object to having 13th Avenue connected. It has been a dead-end road for 20 years and should remain that way. Mr. Bazoff presented pictures depicting the area. Chairman Stulberg introduced Jim Deitering of 18430 -14th Avenue North. Mr. Deitering stated that his objections to the development pertain to the issues of headlights from traffic turning in from the west on County Road 6. Another issue would be the potential height on the home that will be built behind his house, as it could block his view. Mr. Deitering commented that he has no objection to more evergreens being planted to help shield his home from the development, but if the City can't guarantee the permanent barrier of evergreens, he would have to object to the development. Chairman Stulberg closed the public hearing. City Engineer Faulkner stated staff is requiring the applicant to dedicate the right-of-way for a future tie in from Walnut Grove Lane. If the area to the south ever develops, 13th Avenue would be connected at that time. Planner Drill stated the City does not object to additional trees planted on the right-of-way and the City would maintain them. Director Hurlburt added that the City can not legally be tied to maintenance of the trees if some should need to be replanted at a later date. Planner Drill stated that height limit in the R-1 A district is 35 feet. Mr. Fazendin commented the house would not be any higher than Mr. Dietering's house, but the roof may block the view. He did not know if a two-story or rambler home would be built on that lot. MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to recommend approval of the Rezoning, Preliminary Plat, and Subdivision Code Variance Planning Commission Minutes May 14, 1996 Page #107 for Fazendin Brothers, Inc. for "Evergreen Knoll Addition" located south of County Road 6 and West of Urbandale Lane. Roll Call Vote. 6 Ayes. MOTION carried unanimously. D. ROGER REDMOND (96049) Chairman Stulberg introduced the request by Roger Redmond for a Planned Unit Development Amendment and Conditional Use Permit Amendment to allow construction of a home that would exceed the maximum lot coverage requirement and the minimum setback requirement at 4270 Norwood Lane North. Planner Drill gave an overview of the May 7, 1996 staff report. Chairman introduced Roger Redmond, the petitioner. Mr. Redmond stated that the house will be about 2,037 square feet, plus a three -car garage. Without a variance, he could only build a 1,400 square foot home. A larger home needs to be built to be consistent with the surrounding home values. Mr. Redmond is anxious to proceed as he sold his home and the buyers sold their home and need to move into his home shortly. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Paul Hunt of 4265 Larch Place North. Mr. Hunt asked for clarification of the setbacks. He stated he is in favor of the applicant's request as he is tired of seeing weeds cover the lot. Chairman Stulberg closed the public hearing. Planner Drill stated the setback is 35.5 feet for the front yard and 42 feet for the rear yard. He added that the neighbor to the north that originally objected to the request called staff to state that he no longer objected. MOTION by Commissioner Stoebner, seconded by Commissioner Spigner recommending approval of the Amended Residential Planned Unit Development Plan and Conditional Use Permit for Roger Redmond for property at 4270 Norwood Lane North. Roll Call Vote. 6 Ayes. MOTION carried unanimously. E. JERRY SISK (96055) Planning Commission Minutes May 14, 1996 Page #108 Chairman Stulberg introduced the request by Jerry Sisk for a Site Plan Amendment, Conditional Use Permit Amendment, and Variance to enlarge the storage area at the rear of the Burger King building located at 14430 28th Place North. A Variance is requested for an additional freestanding sign. Senior Planner Keho gave an overview of the May 10, 1996 staff report. Commissioner Bildsoe asked what is the size of the sign. Mr. Sisk replied approximately 4 feet by 8 feet. Chairman Stulberg introduced Jerry Sisk, the petitioner. Mr. Sisk stated that the staff report references two signs. One sign was approved for the entrance, but it was never put in. Mr. Sisk presented pictures of his store located in Faribault and requested approval of a 4 foot by 4 foot sign showing the Burger King logo to be put on the back of the building. He is also putting in a freestanding sign that will be a reader board. Mr. Sisk would also like to put in more lighting for safety reasons. Chairman Stulberg asked if the additional sign for the back of the building had been discussed with staff as it is not part of this request. Mr. Sisk replied staff saw pictures and plans and they had conversations with the architect. Senior Planner Keho commented that this sign would be a building permit issue. Mr. Sisk would have to apply for a sign permit through the building division. Director Hurlburt asked if the proposed sign would meet the Zoning Ordinance requirement or would Mr. Sisk need a variance. She suggested tabling the item to May 21, 1996 for staff to investigate whether Mr. Sisk would need to request another Variance and if so, to add to this request. The item would still be heard at the June 5 City Council meeting. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stoebner, seconded by Commissioner Bildsoe to table the request by Jerry Sisk to the May 21, 1996 Planning Commission meeting. Roll Call Vote. 6 Ayes. MOTION carried unanimously. 7. ZONING ORDINANCE UPDATE Planning Supervisor Senness stated that staff is continuing to gather information on the performance standards and it probably won't be ready for discussion until June. There Planning Commission Minutes May 14, 1996 Page #109 will be a public hearing on May 28, 1996 pertaining to the Zoning Ordinance Amendment for establishing antenna regulations. Director Hurlburt commented that at the May 21, 1996 meeting they will also be discussing sexually oriented businesses. Director Hurlburt stated when the City Council decided to participate in the Metropolitan Livable Communities Act, one of the requirements was an Action Plan that will take the form of a draft amendment to revise the housing plan. The housing plan amendment is scheduled for public hearing at the May 28, 1996 Planning Commission meeting. It will then go to the City Council in June and then on to the Metropolitan Council. Commissioner Bildsoe stated that the annual park tour will held on May 28, 1996. Director Hurlburt cautioned if they go on the tour, they won't be back in time for the Planning Commission meeting. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to adjourn. Vote. 6 Ayes. MOTION carried unanimously. Meeting adjourned at 9:05 p.m.