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HomeMy WebLinkAboutPlanning Commission Packet 12-06-2023Planning Commission 1 of 2 December 6, 2023 CITY OF PLYMOUTH AGENDA Regular Planning Commission December 6, 2023, 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM—Individuals may address the Commission about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the Commission will continue with the agenda. The Commission will take no official action on items discussed at the Forum, with the exception of referral to staff for future reports. 3. APPROVE AGENDA —Planning Commission members may add items to the agenda for discussion purposes or staff direction only. The Commission will not normally take official action on items added to the agenda. 4. CONSENT AGENDA —These items are considered to be routine and enacted by one motion. There will be no separate discussion of these items unless a Commission member or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 4.1 Planning Commission minutes for November 15, 2023 Planning Commission meeting minutes -- 11-15-2023 5. PUBLIC HEARINGS 5.1 Review preliminary plat and variance application at 18315 8th Ave N (2023077) Planning Report Project Narrative Preliminary Plan Variance Information Resident Comments Resolution 5.2 Rezoning and preliminary plat request for "Silver Buckle" located along the north side of Chankahda Trail, west of Dunkirk Lane, for the property located at 16700 Chankahda Trail - Sai Brinda LLC (2023068) Location Map Aerial 6. NEW BUSINESS 1 Planning Commission 2 of 2 December 6, 2023 7. ADJOURNMENT 2 Regular Planning Commission December 6, 2023 Agenda Number:4.1 To:Planning Commission Prepared by:Shawn Drill, Senior Planner Reviewed by:Grant Fernelius, Community and Economic Development Director File No:N/A 1. Applicant: N/A 2. Proposal: N/A 3. Location: N/A 4. Guiding: N/A 5. Zoning: N/A 6. School District: N/A 7. Review Deadline: 8. Description: November 15, 2023 Planning Commission minutes attached. 3 9. Attachments: Planning Commission meeting minutes -- 11-15-2023 4 1 Proposed Minutes November 15, 2023 Proposed Minutes Planning Commission Meeting November 15, 2023 Chair Boo called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 15, 2023. COMMISSIONERS PRESENT: Chair Michael Boo, Marc Anderson, Bill Wixon, Neha Markanda, Jennifer Jerulle, Julie Olson, and Josh Fowler COMMISSIONERS ABSENT: None STAFF PRESENT: Planning and Development Manager Chloe McGuire, Senior Planner Shawn Drill, Engineering Services Manager Chris McKenzie, City Attorney Soren Mattick, Community and Economic Development Director Grant Fernelius, Economic Development Coordinator Tyler Parsons, and Public Safety Director Eric Fadden OTHERS PRESENT: City Council Liaison Julie Pointner Chair Boo led the Pledge of Allegiance. Call to Order Public Forum Approval of Agenda Motion was made by Commissioner Anderson, and seconded by Commissioner Wixon, to approve the agenda. With all Commissioners voting in favor, the motion carried. Consent Agenda (4.1) Recommend approval of variances for a six-foot fence and paved sport court at 4700 Juneau Lane (Brad Winger – 2023076) (4.2) Adopt October 18, 2023 planning commission meeting minutes (4.3) 2024-2032 capital improvement program (CIP) Motion was made by Commissioner Jerulle, and seconded by Commissioner Olson, to approve the consent agenda. With all Commissioners voting in favor, the motion carried. 5 2 Proposed Minutes November 15, 2023 Public Hearings (5.1) Rezoning, preliminary plat, site plan, and conditional use permit for Eagle Brook Church to allow construction of a church on property located at 17910 Chankahda Trail (2023-065) Senior Planner Drill presented the staff report, with Engineering Services Manager McKenzie presenting the portion of the staff report related to the traffic study. Commissioner Anderson referenced the size of the building proposed and asked if there would be plans to expand in the future. Senior Planner Drill replied that the applicant has stated that the building is being sized for the ultimate use and that there has been no discussion regarding additional phasing. He stated that if there was a desire to expand in the future, the typical planning and review process would be followed to consider that. Commissioner Anderson asked and received confirmation that staff fully reviewed the conditional use permit criteria, even though the presentation did not include the full detail of every item. Senior Planner Drill confirmed that information is within the staff report and his presentation provided a summary of the key items. Chair Boo noted that the staff report is the conclusion of staff related to those items and the purpose of the public hearing is to hear input from the public that may reflect on the same criteria, clarifying that the decision is not made based on the solely the recommendation of staff. Commissioner Fowler referenced the proposed trail and asked if the location was changed based on input from the city. Senior Planner Drill noted that an early concept had a different trail location proposed, which was changed to the segment now presented. He stated that staff requested that the trail be relocated so it connects to the existing underpass, which would be safer for crossing. Commissioner Fowler asked why the trail does not connect to the cul-de-sac. Senior Planner Drill replied that the fire lane would connect to the cul-de-sac and could double as a trail – as the applicant hopes that residents to the west will attend church by walking and could use the fire lane. The city will also continue to provide a trail through Harvest Park along the south side of the cul-de-sac. Commissioner Fowler asked the purpose of a trail easement. Senior Planner Drill replied that when The Meadows Park to the south is developed, there will be playfields and the city will work with the applicant to use some of the church parking as 6 3 Proposed Minutes November 15, 2023 overflow parking for the park. That trail and its related easement would provide a connection to the park and a safe crossing of Chankahda Trail. Commissioner Wixon referenced the trail proposed through the wetland, asking if that would be a bridge or whether the wetland would be filled. Senior Planner Drill replied that would be a boardwalk, so would not result in filling of the wetland. Commissioner Wixon asked if there has been consideration of vehicle headlights shining into homes. Senior Planner Drill replied that the landscaping plan does show trees along the north and west sides of the parking lot and driveway as well as existing trees that will remain. Commissioner Wixon commented that the dark sky lighting sounds like a positive. He asked if changes could be made to the light after the fact if there was neighborhood disturbance. Senior Planner Drill replied that this lighting would be similar to the low lighting levels at the school across the street. He stated that lighting issues have occasionally arisen with commercial property and that in those instances, staff has worked with those property owners to address the issues. Commissioner Jerulle asked for more details on the emergency access proposed through the residential area. Senior Planner Drill replied that the subdivision to the west was laid out and the street was stubbed with a temporary turn-around, as the intention had been for the subject site to be developed with additional homes. He stated that the street was intended to connect through the subject site and connect to Maple Grove Parkway. With the church, that street would no longer be required, therefore the stubbed road would need to provide a full-size permanent turn-around. The emergency-only fire lane would come off the end of the new cul-de-sac turn-around, and would only be used for emergencies if the main access from Maple Grove Parkway was blocked. Commissioner Jerulle asked for details on the religious spaces and buildings statute that was mentioned in the staff report. City Attorney Mattick stated that there is a statute related to religious institutions and states that religious institutions cannot be singled out. He stated that it is an attempt to ensure that those uses are treated the same, as long as the performance standards can be met. Commissioner Markanda referenced the proposed rezoning and asked how they would ensure that something else were not developed under the new zoning if this was not constructed. Senior Planner Drill replied that if the site were rezoned to RSF-3 and the applicant did not build the church, the applicant could sell the property under the RSF-3 zoning and only uses allowed under that zoning could be built unless the site was rezoned again. 7 4 Proposed Minutes November 15, 2023 Commissioner Markanda referenced the traffic study and asked how ‘daily’ is defined and how that number is calculated. Engineering Services Manager McKenzie replied that ‘daily’ is used by traffic engineers to average the traffic on the road every day, with the understanding that traffic will not be the same each day. He explained how that is calculated. Commissioner Markanda asked where she could find the wait times for turns at uncontrolled intersections during times of service. Engineering Services Manager McKenzie noted where that could be found in the report and noted that most of those intersections would remain in the A or B rating, while a few would drop to the D but that would be related to the internal driveway traffic. Commissioner Fowler asked if the traffic study was based on 2,250 people per weekend. Engineering Services Manager McKenzie replied that the anticipated attendance on a weekend basis would be 2,250 people across four services. He explained that was based on the Blaine campus with a prorated format, noting that all the locations are about the same. Commissioner Fowler commented that it would seem strange to base the attendance on 60 percent capacity. Engineering Services Manager McKenzie replied that these are averages and the applicant used the data from their other locations, along with monitoring of traffic leaving other locations. He stated that these would be the everyday averages while there would be higher attendance on events like Easter and Christmas. Commissioner Fowler asked if the entrance to the site would operate more as a signalized intersection if there would be an officer directing traffic. Engineering Services Manager McKenzie replied that the intersection does not warrant a signal. He stated that from a commonsense standpoint, the times of need would be for about 30 minutes a couple times per weekend and therefore a signal would not be needed the majority of the time. He stated that the study was completed assuming no police officer directing traffic. He commented that use of the officers would find the balance to move traffic in all directions. Commissioner Markanda asked the timing base model that was used. Engineering Services Manager McKenzie replied that is a detailed question that he would defer to the consultant. Matt Pacyna, TC2, provided details on the model that was used for this evaluation. He noted that 15 minutes windows were used because of the proposed church use. Commissioner Markanda asked for more specific details. 8 5 Proposed Minutes November 15, 2023 Mr. Pacyna provided the requested details on the methods used for review and how that was completed. Councilmember Pointner asked if Chankahda and Maple Grove Parkway signal timing was evaluated. Engineering Services Manager McKenzie replied that the city is consistently looking at the traffic signals to optimize the timing. Commissioner Jerulle referenced the proposed access point from Maple Grove Parkway/Peony Lane and noted that it appears that was always intended to be the access point for the property, whether it was a church or residential development. Engineering Services Manager McKenzie replied that is the natural access point for the site. Chair Boo asked for details on what would be allowed for height under the zoning district. Senior Planner Drill replied that a maximum building height of 35 feet is allowed in the zoning district. He confirmed that the proposed development would comply with that standard. Commissioner Wixon asked if there is one road leading into the other Eagle Brook location that is similar in size. Engineering Services Manager McKenzie provided details on the access for the other location that is similar in size and confirmed that also only has one access. Chair Boo introduced Steph Hauber, representing the applicant, who commented that she is the Expansion Director for the church. She stated that the church currently has 11 locations, opening its 12th location this week. She explained that the Lino Lakes church is the main location with the message then broadcast to the other locations. She commented that they have hosted services at the Wayzata High School for five years and provided details on why the proposed site is attractive to the church. She provided photographs from the existing locations, showing the insides and outsides, stating that the spaces are meant to be welcoming and family friendly. She provided additional details on how the church manages traffic, working with local law enforcement. Commissioner Markanda asked if there are church bells or announcements that would cause noise for the neighborhood. Ms. Hauber replied that they do not have church bells, announcements, or outside events. Chair Boo asked if the church leases space to others. Ms. Hauber replied that they do not lease out their space to others at any of their other locations. She commented that they do not have schools at any of their locations. Commissioner Markanda asked the plan for spillover parking if that has been an issue. 9 6 Proposed Minutes November 15, 2023 Ms. Hauber replied that they do not encounter that issue because they adequately plan their parking to match the highest needs, even on Christmas and Easter. Chair Boo asked the parking requirements under code. Senior Planner Drill replied that the code requires a minimum of 500 spaces, and 685 spaces are proposed. Chair Boo opened the public hearing. Chair Boo introduced Carl Stamp, 18309 64th Avenue N, Maple Grove, who stated that he and his wife live in the neighborhood north of the subject property and over the past 14 years they have watched that northwest corridor develop from farmland to residential development. He stated that the additional residents have increased the tax base, which is a benefit, but also put pressure on the traffic and other city infrastructure. He stated that they love that this would not become more homes which would place more burden on the city’s infrastructure and would prefer to see more open space and preservation of wetlands as proposed by the church. He stated that they support the request and opportunity to preserve open space. Chair Boo introduced Mike Louis, 4565 Glacier Lane N, who commented that there seems to be a flaw with the traffic study as that was based on the attendance of 2,250 people but in the Corcoran submission, the applicant planned for attendance of 3,000 people. He stated that the applicant has stated that when the conversion is made from temporary to a permanent location, the attendance often doubles or even triples. He expressed concern with the fill that would be added as that could cause issues with the water table and problems for the nearby homes. He expressed concern with the lights from vehicles during the evening services. He stated that the structure is unique in that it would be precast concrete and did not believe it would blend with the area. He also believed the 35-foot height would stand out in this area. Chair Boo introduced Sue Christiansen, 4565 Glacier Lane N, who agreed with the concerns about traffic and lights from vehicles. She also expressed concern with air pollution from the large number of vehicles coming and going from the site. She preferred that the property be developed as residential rather than an institutional purpose. Chair Boo introduced Josh Kramer, 17865 62nd Avenue N, Maple Grove, who stated that his property borders to the north in Maple Grove. He did not believe that this property would meet the requirements for rezoning or a conditional use permit. He found the proposal to be incongruent with the city’s comprehensive plan, the plan does not provide adequate buffering to adjacent properties, the development will change the character of the neighboring residential developments, and there is not sufficient infrastructure to support this development. Chair Boo introduced Molly Kramer, 17865 62nd Avenue N, Maple Grove, who shared concerns that the traffic study is not credible in terms of attendance. She commented that while the intention to que traffic internally may be helpful for the roads, it would be injurious to the residents in the adjacent neighborhoods. She stated that this is not an issue of use but of scale and intensity. 10 7 Proposed Minutes November 15, 2023 Chair Boo introduced Adam Nawrocki, 2700 Quaker Lane N, who stated that he has attended Eagle Brook for about 15 years and commented on the belonging that people who were struggling have found within the church. He stated that he has volunteered in many capacities, and he has seen incredible impacts on the lives of youth and children. He commented that the police department has been a great partner in the traffic management at the temporary Wayzata High School location. Chair Boo introduced Felix Adekola, 18130 59th Avenue N, who stated that he lives within 500 feet of the proposed development. He expressed concern on the impact of a church on the property values of adjacent residential homes. He referenced statements that were made by the Corcoran city council when considering a request from this applicant. He commented that small churches fit well into residential areas while large churches fit better into more commercial areas with higher road capacity. Chair Boo introduced Erik Takkunen, 14905 61st Place N, who stated that he is supportive of the request from the church. He stated that he lived in Blaine when Eagle Brook built that location adjacent to his neighborhood and noted the similarities between the locations. He stated that the applicant cares about being a good neighbor to the neighborhood and communities they call home. He stated that the parking lots are cleared out within 10 to 15 minutes after services. He stated that he became a parking volunteer while living in Blaine and was able to see the high level of planning the church has for traffic management. He stated that he has also been a part of the parking team at the Wayzata High School location, and they have managed that traffic smoothly. He believed that the church would be a great fit for the community. Chair Boo introduced Larry Brauch, 17525 46th Avenue N, who stated that he is a resident and has attended the Wayzata High School location of the church. He also noted his previous experience as a member of the New Hope planning commission and appreciated the evaluation the commission does, along with the comprehensive study performed by staff. He referenced the David Weekly project from 2002 which proposed 137 homes for the property and noted that the city council was split on that with concerns for higher density and lower priced homes. He stated that this project proposes a 300-foot setback compared to what would be 40 feet for a residential development. He stated that this would propose much more green space and believed that this would be a great fit for the property, which will be developed in one way or another. He stated that this proposed use would bring people from the community and outside the community that will frequent other businesses as well. He invited people concerned with the request to visit the church at another location to see how well the traffic flows and how inviting the church is. Chair Boo introduced Garth Warren, 16220 14th Avenue N, who commented that he is mindful that growth impacts a community both positively and negatively depending on the individual. He stated that he and his wife attend the Wayzata campus for the church and commented on the spiritual home that many have found. He commented on the tools and programs that the church provides to assist people who may be struggling and the support that the church provides to its members. He stated that perhaps the community would benefit from the presence of Eagle Brook. Chair Boo introduced Rachel D’Souza, 18516 58th Place N, who stated that her family moved from another community because of the presence of a large church. She stated that her family has attended Eagle Brook but is curious as to whether pedestrian traffic was considered in the 11 8 Proposed Minutes November 15, 2023 traffic study. She asked if the activities of the park have been considered and whether the church and those uses would conflict. She asked how the church gives back to the community and residents of Plymouth. She expressed concern with traffic using side streets and was also concerned that additional services would be added, and the space could be rented to others for use. Chair Boo introduced Lenny Newman, 6296 Upland Lane N, Maple Grove, who referenced the financial assets of the church and asked if this is a religious institution or a business. Chair Boo introduced Mark Hizon, 18563 58th Place N, who stated that he respects the church and has a friend that attends the church. He stated that he would love to welcome the church to Plymouth but not at this site. He commented that current locations for the church are overflowing and Eagle Brook has become the largest church in Minnesota. He commented that Chankahda Trail continues to change, and they cannot even anticipate the traffic that will continue to come from continued development. He stated that Plymouth needs more housing and lower cost housing for people. Chair Boo introduced LaRae Spencer, 5015 Garland Lane N, who stated that she supports Eagle Brook and is a part of the setup team at the Wayzata campus. She appreciated the opportunity for Plymouth to embrace the church. Chair Boo introduced Jeff Shultz, 18430 61st Avenue N, who commented that he and his wife attend church at the Wayzata campus and support the request. He stated that churches contribute to the community and generate less crime. He commented that more homes would continue to street the infrastructure in this area which is already stressed from rapid residential development. He commented on the ways the church helps its members and the overall community. He stated that the church provides hope in a time of hopelessness. Chair Boo introduced Yana Wang, 5865 Walnut Grove Lane N, who expressed concern with the proposed construction of the church and the lasting impact of this decision. She commented on the disruption that construction would bring. She commented on the diversity of the neighborhood and did not believe that this large church would honor that diversity. She stated that Corcoran opposed this proposal and asked that Plymouth do the same. She stated that because the church is tax exempt, this large development would not contribute to the tax base of the city. She referenced over 3,400 residents that have signed a petition opposing the church in this location. She asked the commission to reject this proposal, noting that the decision will have an impact for generations. Chair Boo called for a ten-minute recess. Chair Boo reconvened the meeting. Chair Boo introduced Karl Wolfe, 16235 38th Place N, who stated that he and his wife attend services at the mobile Wayzata High School campus. He realized the objections to the church locating in this spot but noted that the church is dynamic which adds value to the community. He commented on the spiritual value the church adds to the community along with the values of caring and support. He noted that the church also challenges its members to serve their communities. He commented on the diversity of the congregation and its young membership. 12 9 Proposed Minutes November 15, 2023 Chair Boo introduced Kate Haight, 5410 Polaris Lane N, who provided input as a mother who attends Eagle Brook and supports the church coming to Plymouth. She commented on the community that they have found at the church and the volunteerism that she is instilling in her children. She also commented on the connection and support that people receive through the church. She commented that traffic flows quickly through the site in about ten minutes after the service ends. Chair Boo introduced Gary Swoverland, 6205 Shadyview Lane, Maple Grove, who commented that he lives 650 feet from the site. He commented that it is underestimated the impact that this development would have with vehicle lights shining into homes and the disruption that traffic would have on adjacent homes and yards. He did not believe a traffic study could have been accurate because Chankahda has been closed and because of the increased development in surrounding communities. He stated that this development is too large for this residential neighborhood. Chair Boo introduced Rob Wavinak, 18233 62nd Avenue N, Maple Grove, who stated that in ten years this area will be a lot different. He stated that it would seem this enterprise would want to be in an area where homes will be built around it rather than where they already exist. He stated that he opposes this request. Chair Boo introduced Paul Lyon, 18027 62nd Avenue N, Maple Grove, who voiced his opposition against the project. He stated that while the church does a lot of good, this is a decision about how this piece of property will be developed and therefore emotion needs to be taken out of this. He stated that a lot of great concerns have been raised tonight, some that he had not considered, such as air pollution. He stated that this type of development should be a seed, placed first, allowing people that want to live near that development to build around that environment rather than placing this into an existing neighborhood. He stated that he does not want to see something the size of a Best Buy in his backyard. He stated that Fieldstone Parkway will become a bypass and it is only meant to be an access to the neighborhood, not a through street. He asked if the traffic study considered Maple Grove High School with the traffic coming and going. Chair Boo introduced Chris Murray, 4465 Dunkirk Lane N, who stated that he loves the conversations about traffic and welcomed the city to do a study of Dunkirk Lane and Old Rockford Road. He provided input on the safety concerns at that location. He commended staff for their excellent presentation. He stated that church would be doing a disservice if they did not invite the commission to attend and visit the building. He stated that he leads the first through fifth graders and while he teaches them, they also teach him. He stated that he has also led divorce care and has seen the love of Christ come into their life, providing them with a platform they needed to heal. He stated that the church is a class act and Plymouth is smart in its review and believes that the city will make the right decision. Chair Boo introduced Jamie Gookins, 13700 54th Avenue N, who stated that she attends the Wayzata campus and has made lifelong friends as well as met and married her husband, moving to Plymouth. She stated that this location has met the needs of west metro members that were traveling to other locations. She stated that spreading these new locations in different areas, helps to meet people closer to where they live and take pressure off other locations. She believed 13 10 Proposed Minutes November 15, 2023 that this is the best use for this property, as adding residential homes would have lesser setbacks to adjacent homes and would have less open space. She stated that the church has proven to be a good steward in building these locations and making it their home. She recognized that this is known as a mega church but stated that she feels cared for and has been able to care for others as well. Chair Boo introduced Josh Valasquez, 6092 Troy Lane N, who stated that he lives in the neighborhood that would be most impacted by development of this property. He stated that his family supports a rezoning to RSF-3 and while they would love to see a middle school at this location and would not be patrons of the church, they would welcome an entity that would be a good neighbor. He stated that they are encouraged about the low profile building, limit use of the building, cul-de-sac plan for 61st Avenue, and no outdoor services. He recognized that a large residential development would place additional burden on 61st Avenue. He asked that the commission ensure that these intentions do not change. He expressed concern with negative impacts to property values and suggested that tree lines buffering the property are robust. He also expressed concern with property taxes and would want to see whatever is developed gives back to the community in some way. He suggested that perhaps the church make the building available to people beyond services. Chair Boo introduced Emmett Tischmak, 5725 Walnut Grove N, who asked that the commission make its decision based on facts rather than the anecdotal input of members of the church. He expressed opposition to the proposed use of the land. He commented that the city has limited land and there is a widespread shortage of housing. He believed that there would be options for the church to consider other options such as utilizing commercial spaces and existing infrastructure. He expressed concern with the traffic pattern and how the long-term closure of Chankahda could have skewed those results. Chair Boo introduced Martha Bennett, 4944 Weston Court N, who stated that she and her husband previously commuted to other communities to attend Eagle Brook and were thrilled when the Wayzata campus opened. She commented on how a church can be a good neighbor, adding to the richness and vitality of the community. She stated that this conversation has occurred in the different communities where Eagle Brook has built a permanent location, and they could follow up to see if those concerns materialized. She commented on the support and caring that the church community provides. She also believed that the church would be a great partner in mitigating the concerns of nearby residents. Chair Boo introduced Joseph Moore, 6110 Ranier Lane N, who stated that within a one-mile radius of this site there is only residential development or recreational buildings with the exception of the elementary school which has 237 parking stalls. He stated that this use would have three times the number of parking stalls of the school and would be more like a theater or concern venue which would make it inconsistent with this area. He stated that the high school allows multiple ways for traffic to enter and exit the site while this would only have one access point. He provided a view from his home noting that there would be nothing to screen the church and its parking from his yard. He also mentioned that Chankahda Trail is still under construction and the traffic pattern may greatly change. He commented that pedestrian safety would be impeded by the church traffic. He stated that from the written comments and 65 percent of the comments were in opposition. He noted that of the comments in support, 65 14 11 Proposed Minutes November 15, 2023 percent of those were members of the church as are the people that have spoken in favor of the request tonight which is therefore a skewed perception. Chair Boo introduced Phil Setala, 7611 Urbandale Lane N, Maple Grove, who stated that he supports the project and has worked at Eagle Brook for about one year as a driver. He commented on the lives that they have impacted during his time as a member of the church and support that families have found within the church. He commented that in Maple Grove he has gone through a similar process where farmland behind his home was developed into a large residential development that has put stress on the roads. He stated that in ten years he believes that people would be happy with the positive impact that the church would have. Chair Boo introduced Derek Schnobrich, 5947 Xanthus Place N, who echoed the comments that have been expressed about the traffic study noting that his neighborhood did not even exist three years ago. He noted that further development also continues west of Plymouth that will need to be counted. He expressed concern with the tests related to the conditional use permit and the potential negative impact to homes and property values. He stated that he chose to invest in his home and property and would not have been able to anticipate that a large-scale development would occur on this property. He stated that more people signed the petition than those that would be members of the church. He believed that the traffic has not been properly anticipated in the change in locations because the high school has multiple entrance and exit points. Chair Boo introduced Audrey Britton, 12500 53rd Avenue N, who stated that while she was impressed by the staff report it appeared to be 100 percent positive and a development is never fully positive. She took exception to staff recommending approval before the public hearing has even been completed. She asked if the Corcoran study has been considered as to why that community denied the request. She asked if a neighborhood meeting has been held for this similar to the proposed cricket field. She asked how a traffic study could be independent when it is paid for by the applicant. She stated that while she is sure the church does good, there are also communities that have been hurt by the church. She stated that feelings and religion should not be considerations in this discussion, noting that Plymouth is a diverse community with many religions and cultures. She did not think this would be a fit for the community or neighborhood. She noted that the building will be built upon higher elevation which will increase its impact. Chair Boo introduced Danny Ng, 18340 58th Avenue N, who stated that he does not believe that this would be a good location for the church in the middle of this residential area. He also expressed concerns with the traffic generated from a mega church on top of the increased development occurring in Corcoran that will continue to stress this area. He believed that a different location would be better for the church. He stated that while he likes that the church provides support and assistance to its community, he does not believe that would benefit those outside of the congregation. Chair Boo introduced Laura Kooistra, 5925 Xene Lane N, who stated that she supports the comments in favor of the church. She stated that her son attends the elementary school and some kids are sitting on the floor because there is not enough room for all the kids. She stated that developing this area into more homes would only put additional stress on the already stressed schools. 15 12 Proposed Minutes November 15, 2023 Chair Boo introduced Smeeta Adaniya, 6035 Kimberly Lane N, who commented that her deck will overlook this site. She stated that there have been great comments about the value the church could bring to the community and does not want to discount that but believed that there could be a better location. She stated that during the winter months the large parking lots would need to have snow removal and anticipated what those snow piles would look like. She stated that typically her family goes for walk on evenings and weekends, which are times that traffic will be worse because of the church. She stated that her family moved here because of the schools and understood the concern that additional homes could have on the schools, but noted that development of this land would provide funding that is needed by the schools. She stated that there is available commercial land that has been abandoned and would be more appropriate for this type of development. Chair Boo introduced Andrew Jackson, 6267 Jewel Lane N, Maple Grove, who spoke in support of the project. He stated that his family loves the neighborhood and the idea that this property could be a home for Eagle Brook. He referenced the anecdotal stories told by the church, noting that is value added to the community as those stories are examples of how the church has reached people that live in the community. He commented on the incredible value that the church brings to the community and stated that he would love to have the church as a neighbor. Chair Boo closed the public hearing. Engineering Services Manager McKenzie reviewed the projected numbers in the traffic study, noting that about 1,000 people currently attend at the mobile location and therefore if that is doubled that would match the statement that was made that attendance could double. He noted that if an additional 25 percent is added, that would come close to the 3,000, which would match the scenario in which attendance is tripled and therefore would be consistent with the public statements of the church and the traffic study. He stated that they are basing this on the peak factoring using 15-minute periods. He stated that the traffic at 9:15 a.m. does not impact the traffic at 11:15 a.m. He stated that the auditorium and parking lot will limit the number of people that can be at the campus at one time. He stated that traffic counts were taken in non- construction seasons. Using technology leveraged from cell phone and GPS data, they are able to gain data on traffic counts and traffic patterns, which provides confidence in the results from the report. He commented that the arterial roadways have capacity as previously mentioned. He referenced the concern for Troy Lane and noted that only 100 added vehicles are anticipated for Troy Lane and Chankahda Trail with less vehicles choosing to turn down Troy Lane. He noted that Troy Lane would not be a good cut through option over Peony Lane. He recognized the concern of people from Corcoran using Chankahda and noted that there is a growth factor outside of Plymouth factored into the study. He recognized that Fieldstone most likely has artificially higher traffic counts right now and Chankahda Trail will likely be a preferred route for some once it opens. He referenced the intersection of Fieldstone and Maple Grove Parkway, providing more detailed anticipated traffic counts for that intersection. He compared this to Providence Academy which would have similar attendance to one service at the church and has similar access, noting that there are not traffic complaints from the school which has peak times twice per day, five times per week compared to the church which would experience those peaks on Sundays only. He stated that now that construction is done, pedestrian traffic will improve because of the trail network that has been installed and the future park. He stated that the grade separated crossing was added to increase pedestrian safety. He stated that the internal driveway location was chosen to avoid wetlands on the site and believed that additional tree screening 16 13 Proposed Minutes November 15, 2023 could be added to mitigate concerns. He referenced the comments about infrastructure, noting that this proposal would have a much lesser demand on infrastructure than single-family homes would create. He stated that traffic volumes from a residential development would have a 40 percent higher impact than this proposal. He stated that drainage and stormwater would meet the city requirements, noting that construction of this development would be shorter than residential development as residential development is phased over multiple years. He stated that from the perspective of the ground, the ground varies 20 feet, and the applicant would split the difference with the elevation of the building. Chair Boo referenced the circulation of the roadway as mentioned, and asked how the driveway would avoid cutting off drainage. Engineering Services Manager McKenzie replied that they would utilize storm sewer and culverts which is common practice. Chair Boo referenced the issue of screening and stated that perhaps the applicant can provide details on that. He asked the role of the city in terms of architectural materials. Senior Planner Drill replied that the zoning ordinance lists acceptable materials, and the request of the applicant does comply with that list of allowed materials. Chair Boo referenced the statements related to light and air pollution and commented that it did not sound like the vehicles would be idling for long. Engineering Services Manager McKenzie replied that both the traffic study and anecdotal evidence provides that traffic is not there running or idling much longer than ten minutes at a time. Chair Boo commented that the question of tax base is not something the commission addresses, as that would fall to the city council. He stated that this development meets the requirements of the comprehensive plan and zoning. He stated that the impact to neighbors is a general concern but again whether there is an impact to property values would not be a matter for the commission. He stated that impacts to infrastructure would be a consideration, but it has been shown that the church would be a lesser impact than residential homes. Senior Planner Drill stated that if the property were developed as housing, the minimum setbacks along the north and west would be 25 feet and 50 feet along Chankahda Trail and Maple Grove Parkway. He stated that, under a residential development, there would also be a public street network running through the site. He stated that in terms of scale, the size of the parcel must also be considered. He noted that the elementary school across the street has roughly the same size building footprint but larger square footage – as there is more than one level – on a smaller parcel, where the proposed church would be on a larger, roughly 48-acre parcel and would be set back much farther from lot lines. Ms. Hauber commented that they always want to take into consideration the concerns of neighbors and are open to more discussion about what could be done on the site to assist in screening lights or vehicles. She commented that will be a continued discussion as they progress. 17 14 Proposed Minutes November 15, 2023 Commissioner Anderson commented that in terms of land use there is a guiding of LA-2 and the use fits within that. He stated that there have been a number of applications where guiding has been requested to change, but in this instance the use is within the guiding. He stated that the rezoning to RSF-3 would be the same as if the site were developed into residential. He stated that the large issue is traffic and noted that the city hires and selects the consultant, even though that is paid for by the applicant so that it is not funded by taxpayer dollars. He stated that there are actually facilities owned by the same entity that can be used to provide comparisons, which is helpful. He stated that typically applications include variances, but this request does not request any variances and is following the requirements. He stated that a conditional use permit would be required for this use, similar to the elementary school. He stated that there was a previous plan for residential development on this site, which he opposed because the traffic would connect to the west which was not desired by the residents. He stated that this development would not impact the residents to the west with a direct connection. He stated that this is an application to be considered and they cannot redesign or relocate it but must make a decision on what is presented. He stated that he has to support the project as it meets the guiding, zoning, and requirements for a conditional use permit without a request for any variances. Commissioner Fowler asked where property value would fall into this consideration. City Attorney Soren Mattick commented that while the code mentions that, it assumes that is also considered when the allowed uses are listed. He stated that when the city plans and puts together its comprehensive plan and zoning district, it would place compatible uses within the zoning district. He stated that they would need to have solid evidence that this allowed use would impact property values in order to use that as a mechanism of denial. Commissioner Markanda asked if an environmental study would be required for this development. Senior Planner Drill replied that the proposed building would be 64,000 square feet and the trigger for an environmental assessment would be 300,000 square feet or larger. Commissioner Markanda asked if applicants under that threshold have been required to complete that review. Senior Planner Drill replied that he could not think of such instances. Commissioner Markanda asked if the church could be asked to consider completing such review as a good neighbor. Senior Planner Drill stated that while that question could be asked, that would not provide new information that is not already known for the site. Commissioner Markanda referenced the traffic study and asked if there would be an opportunity to complete a second, non-biased study that would factor in construction timing. Engineering Services Manager McKenzie replied that the traffic study is completed by a third party that is chosen by the city, not the applicant. He stated that this firm has been used 18 15 Proposed Minutes November 15, 2023 numerous times throughout the city and is very capable. He believed the data produced to be an industry standard and would not think a second study would provide different results. Planning and Development Manager McGuire replied that a second traffic study cannot be required. Engineering Services Manager McKenzie noted that a traffic study is more of science than an art and is based on numbers and facts, therefore it is much more of a statistical exercise. He commented that the data used is extremely current. Commissioner Markanda asked if berms could be added to minimize the impact of headlights onto homes. Engineer Services Manager McKenzie replied that is something that could be discussed but that could result in impacts to wetlands which would be frowned upon. Commissioner Markanda referenced the forecasted patron attendance for the church and was interested to hear more about the baseline forecasts for future years and the anticipated growth for this location. Ms. Hauber replied that they gather baseline data each weekend over the course of many years throughout their history of multiple locations. She stated that their attendance typically will double or even triple, over the course of multiple years. Chair Boo noted that the growth information was available for the traffic study and used in that process. Commissioner Markanda asked if the operational maintenance plan would avoid snow piles visible to neighbors. Ms. Hauber replied that they design the parking lots with multiple places to push snow. She was unsure that they could avoid snow piles in general, but the design does split that throughout the site. Chair Boo recognized that this is a difficult decision, not because of the use but because of the location and what those neighbors may have expected to be developed. He commented that it is a potential change related to traffic but recognized that growth has been anticipated for this area of the community and infrastructure has been planned for such. He stated that he will support this because this is a permitted use that would not exhaust the resources available on the property. He stated that the city can ask the developer to continue to work on the issue of screening. Commissioner Fowler stated that he would agree as it is fairly clear that the request should be supported. He agreed that the motion should include increasing the screening at the driveway curve and in the northwest parking area. He stated that there have been many comments about the church being a good neighbor and even though budget was mentioned, coniferous trees are not a significant impact to a budget for this type of project. 19 16 Proposed Minutes November 15, 2023 Motion was made by Commissioner Anderson, and seconded by Commissioner Jerulle, to recommend adoption of an ordinance amending chapter 21 of the city code reclassifying certain land at 17910 Chankahda Trail and approval of a resolution approving facts of finding supporting the rezoning, resolution approving preliminary plat, site plan and conditional use permit for Eagle Brook Church for property located at 17910 Chankahda Trail, subject to the findings and conditions listed in the draft ordinance and resolutions with the addition of a condition requiring additional landscaping screening. With all Commissioners voting in favor, the motion carried. New Business Adjournment Chair Boo adjourned the meeting at 10:46 p.m. 20 Regular Planning Commission December 6, 2023 Agenda Number:5.1 To:Dave Callister, City Manager Prepared by:Chloe McGuire, Planning and Development Manager Reviewed by:Grant Fernelius, Community and Economic Development Director Item:Review preliminary plat and variance application at 18315 8th Ave N (2023077) 1. Action Requested: Hold the public hearing and motion to recommend the City Council approve the preliminary plat and variance. 2. Background: The applicant is requesting a preliminary plat to divide one lot into two new lots, which would result in the tear-down of the existing home. The preliminary plat also includes a variance request to minimum lot width at the ordinary high water line (OHWL) for lots within the Shoreland Overlay District. The request meets all other requirements. Staff is recommending approval of the request. 3. Budget Impact: N/A 4. Attachments: Planning Report Project Narrative Preliminary Plan Variance Information Resident Comments Resolution 21 To: Plymouth Planning Commission From: Chloe McGuire, Planning and Development Manager (763-509-5452) Community and Economic Development Department Subject: Therese Bourgeois Request for a preliminary plat and variance at 18315 8th Ave N 2023077 Deadline: March 5, 2024 Summary The applicant has requested a preliminary plat and variance for the property located at 18315 8th Ave N. The applicant has requested two lots, which would result in a tear-down of the existing home. The request includes: 1. Preliminary Plat for 2 New Lots 2. Variance to Lot Width An aerial view of the site is included to the right for reference on the site context. Recommended Action Community and Economic Development Department Staff recommend approval of the preliminary plat and variance. Site 22 Site Information Zoning and Land Use Zoning Land Use Designation (2040 Comprehensive Plan) Subject Property(ies) RSF-1 LA-1 North RSF-1 LA-1 East RSF-1 LA-1 South RSF-1 LA-1 West RSF-1 LA-1 School District The site is in the Wayzata School District (#284). Natural Characteristics of Site The property abuts Hadley Lake to the southwest and is located within the Shoreland Overlay District, which limits impervious surface to 25% of the subject property. The property currently includes one dock onto Hadley Lake, and if the subdivision and variance are approved, both properties would be entitled to a dock onto Hadley Lake. The property also includes a bluff along the southwestern property line abutting Hadley Lake, which includes increased setbacks from Hadley Lake for any new development and structures excluding stairs and landings. Hadley Lake is designated as a recreational development lake under Section 21665 of the City Code. The property is currently unplatted and approximately 1.7 acres. 23 Analysis of Requests Site Plan RSF-1 and Shoreland Overlay District Standards Required Proposed Complies? Lot Size (Recreational Development Lake) 20,000 sq ft Lot 1: 33,773 sq ft Lot 2: 39,314 sq ft Yes Lot Width Ordinary High Water Line (OHWL) 75 feet Lot 1: 65 feet Lot 2: 59.2 feet No Variance Requested Building Line 110 feet 110 feet Yes Bluff Setback, Except Stairs and Landings 30+ feet Maximum Impervious Surface 25% Docks* 1 per lot 1 per lot Yes Tree Preservation Removal allowed up to 50% <50% Yes *Note that not all dock and water-oriented structure requirements have been listed. Any water-oriented structure must meet requirements of Section 21665. 24 Variance To approve a variance, the City Council must make the following findings, per Section 21030 of the Zoning Ordinance. The following findings are written for approval of the variance request. If the Planning Commission recommends denial of the variance, each of the following findings must be made by the Planning Commission for denial. Summary of Variance: The applicant has requested a variance from the minimum lot width at the ordinary high water line (OHWL) in the Shoreland Overlay District. The project coul d be processed without the variance request, but would result in an odd configuration of lots. For both lots to receive lake access and lake frontage, the applicant has requested a variance. 1. Would the variance, and its resulting construction or project, be in harmony with the general purposes and intent of the Zoning Ordinance, and be consistent with the comprehensive plan? Finding: Staff finds that the request is in harmony with the RSF -1 Zoning Ordinance, where single family homes are an allowed use, and consistent with the LA-1 Guiding. 2. Is the variance request is based exclusively upon economic considerations? Finding: Staff finds that the request is not solely based on economic considerations but based upon the unique characteristics of the property. 3. Would the variance, and its resulting construction or project, be detrimental to the public welfare, or would it be injurious to other land or improvements in the neighborhood? Finding: Staff finds that the request would not be detrimental to the public welfare and would not be injurious to other land/improvements in the neighborhood. The applicant is requesting two lots that meet minimum lot sizes, but are laid out in a more reasonable manner than if both had sufficient lot width. The project could be processed without a variance, but the resulting project with the variance is more in harmony with the existing neighborhood. 4. Would variance, and its resulting construction or project, impair an adequate supply of light and air to adjacent properties? Or would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood ? Finding: Staff finds that the request would not impair light and air, nor increase traffic, risk of fire, nor endanger the public safety, nor dimmish property values in the neighborhood. Staff finds that the variance request is consistent with uses in this zoning district. 25 5. Practical Difficulties a. Does the applicant propose to use the property in a reasonable manner permitted by this Chapter? Finding: Staff finds that the request is reasonable. The request would result in two lots over the minimum lot size, which are a permitted use in the RSF-1 District. b. Is the plight of the landowner due to circumstances unique to the property that were not created by the landowner? Finding: Staff finds that the variance request is due to the unique property, and the property characteristics were not caused by the landowner. c. The variance, if granted, would not alter the essential character of the locality ? Finding: Staff finds that the request would not alter the essential character of the locality. The lots meet the minimum lot size and lots in this area tend to be more pie-shaped around the lake. Lots similar to these two lots are seen throughout the city and neighborhood. 6. Is the variance requested is the minimum action required to address or alleviate the practical difficulties? Finding: Staff finds that the variance is the minimum action required to address the unique site characteristics. Level of Discretion in Decision-Making The city’s discretion in approving or denying a variance is limited to whether the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. The city’s discretion in approving or denying a preliminary plat is relatively low and limited to whether or not the proposal meets the minimum platting requirements. 26 Public Notice Notice of the public hearing was mailed to all property owners within 750 feet of the site. Staff also placed signage on the site which included notice of the application. The notice was also published in the city’s official newspaper. 27 October 24, 2023 Project Narrative RE:Hadley Lake Property Lot Split Plymouth, Minnesota P.E. Job #123100 The proposal for the Hadley Lake Property Lot Split is a proposed single family housing re-development located in Plymouth, Minnesota. This project will take an existing lot and split it into two private lots. The existing property is listed by the city of Plymouth as RSF-1. The proposed re-development will be listed as RSF-1. 28 LOCATION MAP 00-ENG-123100-SHEET-COVR 1.10 HADLEY LAKE PROPERTY LOT SPLIT PRELIMINARY PLAT PLYMOUTH, MINNESOTA COVER SHEET R I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 SHEET INDEX COVER SHEET 1.10 LEGEND SHEET 1.20 PRELIMINARY RESTORATION PLAN 4.20 PRELIMINARY GRADING DETAILS 6.30 PRELIMINARY PLAT 3.10 EXISTING CONDITIONS 2.10 PRELIMINARY GRADING PLAN 6.10 PRELIMINARY SITE PLAN 5.10 PRELIMINARY EROSION CONTROL PLAN 6.20 PRELIMINARY REMOVAL PLAN 4.10 PRELIMINARY UTILITY PLAN 7.10 MPCA MAP S3 EXISTING HYDROLOGY MAP S1 PROPOSED HYDROLOGY MAP S2 PRELIMINARY TREE PRESERVATION PLAN T1 29 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-LGND 1.20LEGEND SHEET 30 c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 11-13-2023 PLYMOUTH, MINNESOTA 55447 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Surveyor under the laws of the State of Minnesota 42299 Peter J. Hawkinson EX-SURV-123100-BASE.DWG EXISTING CONDITIONS 2.10 31 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 11-13-2023 PLYMOUTH, MINNESOTA 55447 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Surveyor under the laws of the State of Minnesota 42299 Peter J. Hawkinson 00-SURV-123100-BASE.DWG PRELIMINARY PLAT 3.10 32 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-DEMO 4.10PRELIMINARY REMOVALS PLAN 33 · · · I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-RESTORE 4.20PRELIMINARY RESTORATION PLAN 34 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-SITE 5.10PRELIMINARY SITE PLAN 35 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-GRAD 6.10PRELIMINARY GRADING PLAN 36 · · · · · · LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-EROS 6.20PRELIMINARY EROSION CONTROL PLAN 37 · · · I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-GRAD-DTLS 6.30PRELIMINARY GRADING DETAILS 38 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-UTIL 7.10PRELIMINARY UTILITY PLAN 39 LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-HYDR-EX S1EXISTING HYDROLOGY MAP 40 LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-HYDR-PROP S2PROPOSED HYDROLOGY MAP 41 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23 JMM PDS Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 11-13-2023 John M. Molinaro PLYMOUTH, MINNESOTA 55447 00-ENG-123100-SHEET-MPCA S3MPCA MAP 42 c OFHADLEY LAKE PROPERTY LOT SPLIT PLYMOUTH, MINNESOTA KURT MANLEY 18315 8TH AVENUE NORTH 11-13-23Name Reg. No.Date Revisions 1. XX-XX-2023 City Comments Date Designed Drawn 2023 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 11-13-2023 PLYMOUTH, MINNESOTA 55447 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson TREE PRESERVATION PLANJLT JLT TREE PRESERVATION NOTES TREE PROTECTION DETAIL TREE PROTECTION FENCE DETAIL 1T1 43 Community and Economic Development Department 3400 Plymouth Blvd Plymouth, MN 55447 (763) 509-5450 Variance Application Checklist Please submit digital (emailed, USB) copies of the following items via email to planning@plymouthmn.gov to submit your application. Applications will be processed once all items on this checklist are submitted. Requirements o Completed Application Form, signed by the property owner. o Answers to the questions on page 2. o Accurate Certified Survey showing the proposal, drawn to scale, including all dimensions and square footages. o Site Plan showing any applicable changes in landscaping, signage, lighting, and grading. o Application Fee payable to the City of Plymouth: o $300 for 1 and 2 family lots o $400 for all other lots, plus for non-residential uses within 500 lineal feet of any residential property, an additional $165 fee for a development sign on one street frontage and $50 per sign for each additional street frontage. The fee for staff-prepared mailing labels is included in the application fee. Please contact planning@plymouthmn.gov to set up online payment. Or submit a check or cash with the request. Additional information may be requested concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant as necessary to establish performance conditions in relation to all pertinent sections of the zoning ordinance. For a complete list of required materials, refer to Section 21030 of the Plymouth Zoning Ordinance. 44 Community and Economic Development Department 3400 Plymouth Blvd Plymouth, MN 55447 (763) 509-5450 What is the proposed project? Explain what you’re doing and why you need a variance. Would the variance, and its resulting construction or project, be in harmony with the general purposes and intent of the Zoning Ordinance, and consistent with the comprehensive plan? Explain. Would the variance, and its resulting construction or project, be detrimental to the public welfare, or injurious to other land or improvements in the neighborhood? Explain. Would the variance, and resulting project, impair an adequate supply of light and air to adjacent properties, substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood? Explain. Explain the “practical difficulties” present by answering the following questions: Is the variance the minimum action required to address or alleviate the practical difficulties? Explain. Do you plan to use the property in a reasonable manner, permitted by the Zoning Ordinance? Explain. 45 Community and Economic Development Department 3400 Plymouth Blvd Plymouth, MN 55447 (763) 509-5450 Would the variance, if granted, alter the essential character of the locality? Is the variance request based exclusively upon economic considerations? Explain. Is the difficulty due to circumstances unique to the property and was the issue created by the property owner? Explain. 46 October 24, 2023 Variance Narrative RE:Hadley Lake Property Lot Split Plymouth, Minnesota P.E. Job #123100 The proposal for the Hadley Lake Property Lot Split is a proposed single family housing re-development located in Plymouth, Minnesota. This project will take an existing lot and split it into two private lots. The proposed lots do not have enough lake frontage to meet standard requirements. In place of completing private easements granting access to the lake, the owner would like to propose a variance request for lake frontage requirements to be less than standard. 47 1 Lori Sommers From:Webmail - Planning Sent:Tuesday, November 28, 2023 8:15 AM To:Lori Sommers Subject:FW: Variance request at 18315 8th Ave N, Plymouth, MN (Hadley Lake) Jennifer Harmer | Permit Technician City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 www.plymouthmn.gov From: Ed Bonach <gpaejb@gmail.com> Sent: Monday, November 27, 2023 5:05 PM To: Jeff Olson <jeffo@sharecomtech.com> Cc: Chloe McGuire <cmcguire@plymouthmn.gov>; Dtalen@comcast.net; Michelle Koch (pmkoch@comcast.net) <pmkoch@comcast.net>; Gregory.soukup@warriormfgllc.com; Peggy Bonach <pebogg22@gmail.com>; Webmail - Planning <planning@plymouthmn.gov> Subject: Re: Variance request at 18315 8th Ave N, Plymouth, MN (Hadley Lake) Chloe and neighbors, Below is what we submitted this afternoon. Further to the runoff issue, when the homeowner at 18315 ran their irrigation regularly, it caused standing water on our lawn that abuts 18315. We have considerable concern that changing the topography, removing trees and adding a 2nd home will exacerbate water runoff issues. Our Email sent earlier today: Our home is immediately to the South of 18315 8th Ave N at 705 Shadyview Ln N. We are submitting our comments and concerns in written form as we will be out of town at the time of the hearing. We have concerns with the potential division of the lot and resultant building of two (2) residences. The proposed construction will modify groundwater runoff, not only into Hadley Lake, but the surrounding properties like ours. Our home and property stand to be at greatest risk as the elevation of our property is considerably lower than the current home at 18315, and where the 2 proposed homes would be positioned. The building of 2 homes will also cause the removal of several trees, including large, mature oak trees that are healthy habitat and have been part of the landscape for decades. Lastly, the development is purposefully named Serenity; increasing population density is counter to this and the value of our home and others in the neighborhood. We respectfully request that the variance be denied. Edward & Margaret Bonach 705 Shadyview Ln N Plymouth, MN 55447 Some people who received this message don't often get email from gpaejb@gmail.com. Learn why this is important 48 2 Sent from my iPad On Nov 27, 2023, at 4:06 PM, Jeff Olson <jeffo@sharecomtech.com> wrote: Hi Chloe, Thanks for your review of the proposed lot subdivision and variance at 18315 8th ave North. I have pulled surrounding landowners into this email with goal of sharing common concerns with suggested 18315 lot development plans. Please see below comments/questions and advise all. Thanks, Jeff Olson (18405 8th Ave N.) Dave Talon: (home is 710 Shadyview Lane N in Plymouth is directly EAST of 18315 8th ave North) Ed Bonach : (home is immediately to the South of 18315 8th Ave N at 705 Shadyview Ln N) Jeff Olson: (home is immediately West of 18315 8th Ave N) at 18405 8th ave N. and is in RUSTEN WOOD development. Greg Soukup: (home is directly West of Olson home and is in Rusten Wood development and is on Hadley Lake) Michelle Koch: Rusten Wood homeowner on Hadley Lake Initial Concerns: 1. Existing 18315 8th ave lot may accommodate two houses via two separate entrances, yet Width at waterline is TOO narrow, does not accommodate two homes. It appears City can dictate SHAPE of the lot(s) and keeping two proposed homes near 8th ave and Shadyview would be critical to preserving existing and neighboring lake lot views. (Specifically 18405 8th ave N. and 705 Shadyview.) 2. “Usable” 18315 8th Ave lakeshore may be 30-40 feet in total?, can City dictate that a single common/shared dock only be allowed? (Shared Dock among two lots). Single Dock to be placed on East end of lakeshore. 3. Existing Lake Lot (705 Shadyview Ln N - Ed Bonach) is estimated 10-12 feet below 18315 8Th Ave lot elevation. Existing water run off berms exist. Significant new home lot build up will increase elevation and will increase “WATER RUN OFF” issues onto 705 Shadyview lot. 4. Existing Lake Lot (18405 8th Ave N – Jeff Olson) is 2-5 feet below lot elevation of 18315 8th Ave. SAME RUNOFF ISSUE as 705 Shadyview Ln N. How will lower elevation lot homes NOT be impacted by new home(s) at 18315 8th ave N? This could be a big problem. 49 3 5. Current 18315 8th Ave N. lot has 25+ Old Growth Oak and Maple Tree’s. What will be done to preserve these tree’s? 6. Hadley Lake water quality is continuously being challenged by run off (lawn and street drain) issues. What will the City do to further prevent these run off issues specific to lot 18315 8th Ave N? 7. Plymouth Riparian Lakeshore Buffer Zone (approx. 150 feet of natural vegetation from shoreline up to lot flat area) was initiated by City for all Lake Lots of Rusten Wood development (10 lake lots including HOA Out-Lot) How will City protect the Hadley Lake Lakeshore on 18315 8th Ave N? How will the City enforce the Riparian Buffer Zone with the potential Builder? 8. Who would build the homes on the proposed lots? It has been suggested that Manley Brothers Construction (MBC) may own the lots now?, are they trying to “flip” them to a builder?, or try to develop them outright? Concern is MBC was fined by the MN Department of Labor & Industry in 2010 for multiple building code infractions including insurance fraud…of which one of the owners was convicted. Lot allowances/restrictions need to be CAREFULLY reviewed and established, as low level home builders could breach, infract, and violate pre-established lot build requirements. From: Jeff Olson <jeffslease@gmail.com> Sent: Monday, November 27, 2023 12:41 PM To: Jeff Olson <jeffo@sharecomtech.com> Subject: Fwd: Variance request at 18315 8th Ave N Begin forwarded message: From: Chloe McGuire <cmcguire@plymouthmn.gov> Date: November 22, 2023 at 1:54:14 PM CST To: David Talen <dtalen@comcast.net> Cc: Jeff Olson <jeffslease@gmail.com> Subject: RE: Variance request at 18315 8th Ave N Hi Dave - Here is the proposed subdivision. This one is a bit unique because the plat does meet all the requirements of the City lot minimums, but they are requesting a variance for lot width to subdivide into 2 “pie shaped” lots instead of two square lots (with one lot closer to the lake, further south). However, they could still subdivide into 2 lots without the variance. Feel free to give me a call if it’s helpful for me to explain a bit more! The city really only has discretion on the variance, which dictates the shape of the lot, and not the number of lots onsite. 50 4 I would be very interested in hearing from both of you! Without the variance, they would be allowed to do something like this (below) by right. I assumed two houses pushed up towards 8th would be preferable for neighbors vs. a home more south on the property blocking views for owners to the east, but I’m not sure if that’s accurate, so please let me know either way! 51 5 I am managing this case from the city side and out until Dec 6. On Dec 6, we will have a public hearing starting at 7pm. I will present the fact, the applicant will answer questions, and then the Planning Commission will allow members of the public to speak (typically limited to 3 minutes each). After, they will make a recommendation to the City Council, who has the ultimate decision authority. You can also always email in comments in advance. 52 6 Any questions in the meantime, email to me and planning@plymouthmn.gov. Thanks, Chloe Chloe McGuire, AICP (she/her) | Planning and Development Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Phone: 763.509.5452 Plymouth, Minnesota | Adding Quality to Life -----Original Message----- From: David Talen <dtalen@comcast.net> Sent: Wednesday, November 22, 2023 1:35 PM To: Chloe McGuire <cmcguire@plymouthmn.gov> Cc: Jeff Olson <jeffslease@gmail.com> Subject: Variance request at 18315 8th Ave N [You don't often get email from dtalen@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Hi Chloe, My name is David Talen. I reside at 710 Shadyview Lane N in Plymouth. My house is immediately to the east of the resident requesting the variance 53 7 Is there additional information you can share with us including the proposed plat and the house locations and the direction they would face? What is the format of the meeting on the 6th? I plan to attend to share my concerns with the commission I am copying in my neighbor Jeff. He lives directly to the west of the property requesting the variance Thanks much and have a Happy Thanksgiving Dave 54 1 Lori Sommers From:Webmail - Planning Sent:Monday, November 27, 2023 10:56 AM To:Lori Sommers Subject:FW: Comments - preliminary plat & variance: 18315 8th Ave N Jennifer Harmer | Permit Technician City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 www.plymouthmn.gov From: Ed Bonach <gpaejb@gmail.com> Sent: Monday, November 27, 2023 10:39 AM To: Webmail - Planning <planning@plymouthmn.gov> Cc: Peggy Bonach <pebogg22@gmail.com> Subject: Comments - preliminary plat & variance: 18315 8th Ave N Our home is immediately to the South of 18315 8th Ave N at 705 Shadyview Ln N. We are submitting our comments and concerns in written form as we will be out of town at the time of the hearing. We have concerns with the potential division of the lot and resultant building of two (2) residences. The proposed construction will modify groundwater runoff, not only into Hadley Lake, but the surrounding properties like ours. Our home and property stand to be at greatest risk as the elevation of our property is considerably lower than the current home at 18315, and where the 2 proposed homes would be positioned. The building of 2 homes will also cause the removal of several trees, including large, mature oak trees that are healthy habitat and have been part of the landscape for decades. Lastly, the development is purposefully named Serenity; increasing population density is counter to this and the value of our home and others in the neighborhood. We respectfully request that the variance be denied. Edward & Margaret Bonach 705 Shadyview Ln N Plymouth, MN 55447 Sent from my iPad Begin forwarded message: From: Shawn Drill <SDrill@plymouthmn.gov> Date: November 22, 2023 at 11:16:27 AM CST To: gpaejb@gmail.com Cc: Webmail - Planning <Planning@plymouthmn.gov>, Chloe McGuire <cmcguire@plymouthmn.gov> Subject: RE: Comments - preliminary plat & variance: 18315 8th Ave N You don't often get email from gpaejb@gmail.com. Learn why this is important 55 2 Hello. You can provide written comments to planning@plymouthmn.gov by Nov 28, 2023 if you want them included in the Planning Commission packet. Thanks, Shawn B. Drill, AICP | Senior Planner City of Plymouth, MN Phone: 763P50955456 -----Original Message----- From: Webmail - Planning <Planning@plymouthmn.gov> Sent: Wednesday, November 22, 2023 11:03 AM To: Shawn Drill <SDrill@plymouthmn.gov> Subject: FW: Written Comments pertaining to Request for preliminary plat and variance at 18315 8th Ave N Jennifer Harmer | Permit Technician City of Plymouth 3400 Plymouth Boulevard -----Original Message----- From: gpaejb@gmail.com <gpaejb@gmail.com> Sent: Tuesday, November 21, 2023 6:23 PM To: Webmail - Planning <planning@plymouthmn.gov> Cc: Peggy Bonach <pebogg22@gmail.com> Subject: Written Comments pertaining to Request for preliminary plat and variance at 18315 8th Ave N We will not be able to attend the public hearing on December 6, 2023 and would like to know how, and by which date, our written comments need to be submitted. Thank you, Edward & Peggy (Margaret) Bonach 705 Shadyview LN N Sent from my iPhone 56 CITY OF PLYMOUTH RESOLUTION NO. 2023- RESOLUTION APPROVING PRELIMINARY PLAT AND VARIANCE AT 18315 8TH AVE N (2023077) WHEREAS, Terese Bourgeois has requested approval of a preliminary plat and variance to establish two lots for the property located at 18315 8th Ave N and presently legally described as follows: Lot 1, Block 1, Serenity on Hadley Lake and Part of Lot 1, Block 1, Rusten Woods, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the preliminary plat and variance for 18315 8th Ave N, subject to the following conditions: 1. A preliminary plat is approved to subdivide the site into two lots within the RSF-1 zoning district, in accordance with plat drawings received by the City on October 30, 2023 and with subsequent information on November 6, 2023, except as may be amended by this resolution. 2. A variance is hereby approved to approve two new lots served by municipal sewer/water abutting Hadley Lake, a recreational development lake under Section 21665 of the City Code, which requires 20,000+ square feet lots with a minimum of 75 feet of width at the ordinary high-water line. The lots will have 65 and 59 feet of width, approximately, at the ordinary high-water line. And the City finds that the variance complies with all applicable variance criteria. 3. Prior to recording of the final plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Pay park dedication fees for new residential lot. b. Receive city approval of final construction plans, including those related to drainage and treatment of runoff. c. Obtain Watershed approval of the storm water and erosion control plans. 4. Prior to commencement of any grading operations or tree removal, the developer shall: a. Install and request inspection of tree preservation fencing and silt fencing. b. Provide evidence that any existing septic systems and wells on the site have been properly abandoned and sealed in accordance with the regulations of Hennepin County and the Minnesota Department of Health. 57 Resolution 2023- File 2023077 Page 2 5. Prior to issuance of any grading or building permits, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Install silt fence prior to any grading or construction work on the site. b. Obtain any required permits and/or approvals from the Minnehaha Watershed District. c. Obtain city grading permit. d. Revise plans according to review comments and receive plan approval. e. Surveys for individual homes/lots shall show the bluff and required bluff setback, as well as impervious surface calculation related to the Shoreland Overlay District. f. Obtain approval of the storm water pollution protection plan (SWPPP), and of a national pollutant discharge elimination system (NPDES) permit if required. g. Complete a site improvement performance agreement (SIPA) and submit the related financial sureties. 6. Each property shall be allowed docks or water-oriented structure onto Hadley Lake, consistent with Section 21665 Shoreland Management Overlay District at the time of proposal. 7. Each property shall only be allowed one driveway. 8. Standard Conditions: a. No building permits shall be issued until the final plat is recorded, the streets (including curb and gutter installation) needed for access to lots where permits are requested are paved with the first lift of asphalt, and the sewer and water service utilities are tested and approved by the city engineer/designee. b. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. c. This approval shall expire one year after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the applicant, with the consent of the property owner, has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 510 of City Code. d. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence shall be installed at the top of retaining walls that exceed four feet in height. e. Compliance with the city’s tree preservation regulations. f. Removal of all hazardous trees from the property at the owner's expense. g. No trees shall be planted in the boulevard. h. No fencing shall be placed in drainage and utility easements that have pipes located within them. i. A demolition permit shall be required for demolition of the existing home. APPROVED by the City Council on this _________ day of __________, 2023. 58 Resolution 2023- File 2023077 Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on _____________________, 2023, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ______day of ___________________, _________. __________________________________ City Clerk 59 Regular Planning Commission December 6, 2023 Agenda Number:5.2 To:Planning Commission Prepared by:Kip Berglund, Senior Planner Reviewed by:Grant Fernelius, Community and Economic Development Director File No:2023068 1. Applicant: Sai Brinda LLC 2. Proposal: Rezoning from FRD (future restricted development) to RSF-3 (single-family detached 3) and preliminary plat for 21 single-family lots on 10.36-acres, for "Silver Buckle" located along the north side of Chankahda Trail, west of Dunkirk Lane. 3. Location: 16700 Chankahda Trail 4. Guiding: LA-1 (living area 1) 5. Zoning: FRD (future restricted development) 6. School District: Wayzata (#284) 7. Review Deadline: March 16, 2024 8. Description: 60 To allow time needed for the applicant to revise the plans to address staff comments related to the proposed plans prior to public hearing review, staff is requesting a continuance to the January 3, 2024 Planning Commission meeting. 9. 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w w wwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwwwwwwwwwww SITE 5 9 t h A v e NEv e r e s t L n A r c h e r L n Chankahda Trl 60th Pl Com s t o c k L n 61st Ave G a r l a n d L n 60th Ave Dun k i r k Ln Plymouth/Maple Grove Boundary A r c h e r L n Z a n z i b a r L n 61st Ave B la c k O a k s L n 2023068 Sai Brinda, LLC Silver Buckle Saddle Club 16700 Chankahda Trail Request for a Rezoning and Preliminary Plat K250 0 250 500125 Feet Legend C, Comercial CC, City Center CO, Commercial Office IND w w LA-1, Living Area 1 w w w w w w w w w LA-2, Living Area 2 w w w w w ww w w w w w w w w w w w w w w w w w LA-3, Living Area 3 LA-4, Living Area 4 LA-5 MXD MXD-R P-I, Public/Semi-Public/Institutional 62 Chankahda Trl 60th Pl Com s t o c k L n 61st Ave G a r l a n d L n 60th Ave D u n k i r k Ln Plymouth/Maple Grove Boundary A r c h e r L n Z a n z i b a r L n 61st Ave B la c k O a k s L n I n l a n d L n 2023068 -- Aerial Map K5000500 1,000250 Feet 63