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HomeMy WebLinkAboutPlanning Commission Minutes 05-21-2014Approved Minutes City of Plymouth Planning Commission Meeting May 21, 2014 MEMBERS PRESENT: Chair James Davis, Commissioner Bryan Oakley, Marc Anderson, Dick Kobussen and Gary Goldetsky MEMBERS ABSENT: Commissioner Gordon Petrash STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Marie Darling, Senior Engineering Technician Dan Campbell, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Oakley, seconded by Commissioner Goldetsky, to approve the May 21, 2014 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MAY 7, 2014 PLANNING COMMISSION MEETING MINUTES B. ALLIANT ENGINEERING, INC. (2014026) Request by Alliant Engineering, Inc. for a site plan amendment for a community building and related site improvements on property located at 5850 Teakwood Lane. MOTION by Commissioner Goldetsky, seconded by Commissioner Kobussen, to approve the consent agenda. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. LAKE WEST DEVELOPMENT (2014021) (Continued from the May 7, 2014 meeting.) Chair Davis introduced the request by Lake West Development for a preliminary plat and variance for "Fretham 22nd Addition" for two single family lots located at 14606 County Road 6. Approved Planning Commission Minutes May 21, 2014 Page 2 Planning Manager Thomson gave an overview of the staff report. Commissioner Oakley said the county obtained easements to widen County Road 6 and asked why these lots are smaller than the existing lots. Planning Manager Thomson said these are older homes and were subdivided long ago. She said many lots are under the 18,500 square foot threshold. Commissioner Oakley asked if other lots on this street are legally non -conforming, Planning Manager Thomson answered affirmatively. Chair Davis introduced the applicant, Donald Jensen, Lake West Development Co., who said the existing homes to the east had more land prior to County Road 6 being widened. He said land was taken to make County Road 6 four lanes, and the proposed site would be consistent with land to the east. Mr. Jensen said they have written and verbal agreement with Hennepin County regarding access. He said the County favored the revised access as the sight lines would be improved with the loss of the retaining wall and tree. Mr. Jensen said the church to the west is in favor of the proposal. He noted they will go through the church property for sanitary sewer access. He said there would be a temporary closure of one lane of County Road 6 for the new water line connection. Chair Davis continued the public hearing. Chair Davis closed the public hearing as there was no one present to speak on the item. Commissioner Kobussen said the plat will make these lots in character with the rest of the lots. He said temporary closure of only one lane on County Road 6 during construction will be very helpful and he said he sees no reason to object. Commissioner Oakley said he does object to the variance request. He said it is based solely on economic considerations. Commissioner Oakley said he has problems with safety with the offset alignment with the street across County Road 6 and he said it bothers him that the 48" maple is being taken out for a driveway. He said these issues make it difficult to support this proposal. Commissioner Oakley said he will vote yes because nobody else seems to be concerned by it. MOTION by Commissioner Kobussen, seconded by Commissioner Anderson, to recommend approval of the request by Lake West Development for a preliminary plat and variance for Fretham 22nd Addition" for two single family lots located at 14606 County Road 6. Chair Davis said he supports this variance because when this lot is split it will be the same size as the other lots on this street. Roll call vote. 5 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes May 21, 2014 Page 3 B. U.S. HOME CORPORATION DBA LENNAR (2013111) Chair Davis introduced the request by U.S. Home Corporation dba Lennar for reguiding, rezoning and preliminary plat for "Brockton East" for 25 single family lots on property located from 4420 to 4640 Brockton Lane. Senior Planner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Paul Tabone, Lennar. Commissioner Kobussen asked how they would gain access to the sewer north of the storm water pond between Lots 16 and 17. Mr. Tabone said there is an easement in that location 10 feet on each side providing access. Senior Planner Darling said as a condition of approval, staff included a condition in the engineer's memo requiring a paved access to the sewer manholes on the north side of the pond. Commissioner Anderson asked about the timing of the project, and if the site would be graded this year. Mr. Tabone said they plan to begin grading mid to late summer. Chair Davis opened the public hearing. Chair Davis introduced Ashok Kumar, 4525 Yellowstone Lane, who said he lives in the Arbor Grove development. Mr. Kumar showed photos of top soil that has been washing into the yards for the past three years. He said the owner at 4640 Brockton Lane said the land is sold and she can't do anything about this. Mr. Kumar said there should be a silt fence so the land doesn't erode and come into his yard. Chair Davis introduced Erica Diehn, 4415 Yellowstone Lane, who said her wooded lot backs up to the Lennar extension and the pond will be behind her property. Ms. Diehn said Mr. Kumar pointed out the issue with storm drainage where the natural creek flows and enters a storm drainage pipe which goes under her driveway and is deposited to wetlands on the east. She said when it rains, water backs up and goes on to her sod, over the retaining wall and her driveway. Ms. Diehn said she is concerned that no additional water from the proposed development add to what is already over capacity in the storm drain on her property. Ms. Diehn said she has lived there only two years and has worked with Water Resources Manager Derek Asche and the pipe has been cleaned out twice. Ms. Diehn said the Lennar project in Medina is a problem. Ms. Diehn said the trail runs through her property and has standing water as it is not sloped enough. Ms. Diehn stated she wants a formal response from the developer that great caution will be used regarding drainage and wants the water flow preferably to the south east. Approved Planning Commission Minutes May 21, 2014 Page 4 Chair Davis introduced Dave Klein, 4425 Yellowstone Lane, who seconded Ms. Diehn's concerns about drainage. He said a backyard ravine has been cut to address water flow. He said the water in that ravine gets very full in the summer and limits neighbors from building decks and patios on their property. Mr. Klein said recently the water was lapping near the top of Ms. Diehn's driveway for a solid week. Mr. Klein said this could cause damage and he was concerned about kids drowning. Chair Davis closed the public hearing. Chair Davis introduced Joe Jablonski, Lennar, who said the drainage problems on the neighbors' back yards are from the property to the north. He said he wanted to make it clear that besides rezoning, they are not affecting that part of the property. Mr. Jablonski said they can control drainage and storm water for property south of the creek. Mr. Jablonski explained the storm water system is designed to collect and address storm water on this site through the curb and gutter system, which will drain to the large retention pond. He said there is an underground pipe to the large storm water pond with an overflow culvert under the trail that goes into the wetland and will be regulated by pipe size and elevations that control the amount of water on the southern portion more than what is there today. Mr. Jablonski said this should help alleviate the concerns of the residents. Commissioner Oakley asked where water from the yards on the northerly side of the cul-de-sac would flow. Mr. Jablonksi said the backyards will go into the drainage ditch; front yards will go into the street down to the pipe and into the pond. Mr. Jablonski added that for this size site, this is a fairly large pond taking a lot of local water. Commissioner Oakley asked if there is overflow planned from the wetland into the storm water pond. Mr. Jablonski said he did not think so. He thought this was addressed with a control structure under the driveway to drain into the larger complex. Commissioner Anderson asked if there are engineered calculations of water flow before and after development. Senior Planner Darling said drainage calculations are not required until the final plat application. Senior Engineering Technician Campbell said they will require that there is no increase in water from what is existing to what is proposed. He said there will probably be less water going into the ditch due to regrading of the property. Commissioner Anderson said they can't exceed the existing amount of water, but we have a problem now. Commissioner Anderson asked if we are we in a position to identify and reduce that water problem. Approved Planning Commission Minutes May 21, 2014 Page 5 Senior Engineering Technician Campbell said the problem is the culverts under the driveway have plugged several times as a result of fallen trees and branches. He said they are very aware and watch closely now so it doesn't happen again. Senior Engineering Technician Campbell stated the majority of water is coming down that ditch is coming from the City of Medina, and they do have the same rate controls and requirements of the Elm Creek Watershed District. Commissioner Oakley asked about the size of the culverts under the driveway. Senior Engineering Technician Campbell guessed they are twin 27" culverts. Chair Davis asked if they will they be plugged less if there are houses in the immediate area. Senior Engineering Technician Campbell said the existing ditches are heavily lined with older tree and limbs fall off and end up at the end of the culverts. He reiterated they are watching closely so water does not back up. Commissioner Kobussen asked if there could be a slight downhill grade into the pond area, so if the water does get higher it will run down the backyards to the pond and out to the wetland, rather than flowing over all the land. He said the land is flat, and there should be a way to grade and level it out to slope down. Senior Engineering Technician Campbell said they could review that and create some swaling behind the lots in the cul-de-sac. MOTION by Commissioner Oakley, seconded by Commissioner Anderson, to recommend approval of the request by U.S. Home Corporation dba Lennar for reguiding, rezoning and preliminary plat for "Brockton East" for 25 single family lots on property located from 4420 to 4640 Brockton Lane, with added condition 5.11 that prior to recording final plat, the applicant shall provide a drainage swale along the east property line of Block 1, Lots 8 and 9, flowing by gravity from the existing wetland to the proposed storm water treatment pond. Friendly amendment by Commissioner Anderson, to include Lot 7. Commissioner Oakley said there is a wetland in between Lot 7 and 8 and he said he thinks water is going to flow into the wetland that right now flows under the driveway. He said the proposed condition would allow for an alternate outlet at the wetland to flow to the south rather than to the southeast. Roll call vote. 5 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes May 21, 2014 Page 6 C. PULTE HOMES OF MINNESOTA (2014004) Chair Davis introduced the request by Pulte Homes of Minnesota for reguiding, rezoning and preliminary plat for "Enclave on the Greenway" for 128 single family lots and a park outlot on property located northeast of 56th Avenue and Troy Lane. Senior Planner Drill gave an overview of the staff report. Commissioner Kobussen asked if there are plans to extend the park to the north. Senior Planner Drill said as part of the long range planning, the park may be extended if the city acquires any land to the north. Commissioner Anderson assumed the city has not designed usage for the park in terms of equipment or ballfields. Planning Manager Thomson said the Park Department typically does not do that until the subdivision is 75% built out, and then works with residents to see what kinds of facilities the neighborhood wants. Chair Davis introduced the applicant, Clark Wicklund, Alliant Engineering, who said he concurs with the staff report. Commissioner Kobussen said the backyards of Block 4, Lots 5 and 6 and Block 2, Lots 62 and 63 look really crowded. He asked about setbacks to the wetland. Mr. Wicklund said the pads shown are the maximum that can be developed, whereas a buyer may elect a smaller house to have more yard. Commissioner Kobussen asked about the height of the retaining wall behind the house. Mr. Wicklund said the maximum height is ten feet and then it tapers, and added they would provide engineered drawings. Commissioner Anderson asked about the timing of the project. Mr. Wicklund said they desire to begin grading late summer/fall in conjunction with the Peony Lane extension. He said the first phase of construction would begin in late summer. Commissioner Anderson asked if they are aware of Conditions 3, 4 and 11 that restrict the beginning of grading, utility work, and housing construction as it relates to the Peony Lane extension, which may not be finished this year. Approved Planning Commission Minutes May 21, 2014 Page 7 Mr. Wicklund stated they are well aware and accepting of those conditions, and are working directly with the contractor to eliminate those impacts. Commissioner Kobussen said this development is adding a lot of homes, and asked if anyone has talked with the Wayzata School District about impact. Senior Planner Drill explained the school district was part of the comprehensive planning process and is planning for that increased enrollment. Planning Manager Thomson added they are planning on expanding the high school and building another elementary school. Chair Davis opened the public hearing. Chair Davis introduced Debra Larson, 5600 Vagabond Lane. Ms. Larson said her 15 -home neighborhood is guided LA -R1. Ms. Larson asked if the city acquires all easements necessary for the Peony Lane extension prior to reguiding or rezoning. She said from a city and taxpayer perspective, any easement the city needs to acquire would be less expensive if zoned FRD rather than rezoned to a single family designation. Ms. Larson asked for consideration to reduce speeds from 40 mph at 56th Avenue and Troy Lane as there is an excessive amount of traffic when school is in session. She said it is difficult to get in and out of the neighborhood, as well as trying to go left or right on County Road. 47. Ms. Larson said the landscape proposal at the 56th Avenue entrance for the Pulte development poses a safety and visibility concern due to the amount of traffic. She asked if the landscape plan could be pared back and a lower type vegetation used. Chair Davis closed the public hearing. Senior Engineering Technician Campbell addressed the Peony Lane construction timing and said they opened bids and have a contractor, but have not awarded a contract to date. He said construction is to begin this summer. Senior Engineering Technician Campbell said affected properties are in condemnation so we have the right to go on any property where we need additional right-of-way for that project. He said the current application will not affect costs. Senior Engineering Technician Campbell said the state statutes govern speed limits, and a speed study has to be done by the state before any alterations can be made. Senior Planner Drill discussed the landscape plan at 56th Avenue and Troy Lane and said they can look at whether the proposed new plantings would block traffic visibility. Senior Planner Drill added the Troy Lane property is guided LA -RT, which has a density of up to one unit per acre. Commissioner Anderson said reguiding from LA -R1 to LA -R2 is appropriate since this is the only spot in the city that has that guiding. Commissioner Anderson said the rezoning to RSF-3 allows 128 units with a minimum of 7,000 square feet; the proposal is working with 8 — 12,000 square feet and they are not asking for any variances, so the density is appropriate. He said they understand they can only have a model until Peony Lane is open and they understand construction restrictions, so timing—wise, it works well. Approved Planning Commission Minutes May 21, 2014 Page 8 MOTION by Commissioner Kobussen, seconded by Commissioner Anderson, to recommend approval of the request by Pulte Homes of Minnesota for reguiding, rezoning and preliminary plat for "Enclave on the Greenway" for 128 single family lots and a park outlot on property located northeast of 56th Avenue and Troy Lane Chair Davis said this is a nice plan, and it is not on Vicksburg Lane so we don't have to discuss how Vicksburg Lane will handle all these cars. He said Peony Lane will be ahead of this development, and the road before the people is a good plan and in proper sequence. Chair Davis said he will vote for approval. Roll call vote. 5 Ayes. MOTION approved unanimously. D. PULTE HOMES OF MINNESOTA (2014008) Chair Davis introduced the request by Pulte Homes of Minnesota for reguiding, sewer plan amendment, rezoning and preliminary plat for "Aspen Hollow" for 139 single family lots on property located from 5495-5735 Dunkirk Lane. Senior Planner Darling gave an overview of the staff report. She said a letter received from Jim Sable, Plymouth Gun Club, addressed signage and disclosure, and said there are conditions in the resolution that do pertain to the Gun Club. Commissioner Anderson said the area to the north is owned by the city and part of the Northwest Greenway. He asked about the trail system and where the trail would be stubbed in from the subdivision. Senior Planner Darling said the application shows a connection at the end of the Fountain Lane cul-de-sac. There may be a second connection through the park, to be determined with the park is being planned. Senior Planner Darling said there will be an eight -foot connection on the south end. Commissioner Anderson noted the Northwest Greenway Trail wraps a wetland and asked if there is room to have a double trail all the way around this development. Senior Planner Darling said it is unlikely it would be double all the way as it is a tight squeeze on the west side with the road alignment and the delineated edges of the wetlands. She said the only connection on the south end will cross the wetland with a floating trail or boardwalk. Commissioner Kobussen asked if there are restrictions on trails going through a wetland buffer area. Senior Planner Darling said the zoning ordinance does allow trails in wetland buffers for public trails and requires interpretive signage posted with informational placards through the corridor. Approved Planning Commission Minutes May 21, 2014 Page 9 Commissioner Kobussen asked if the lot to the west of the driveway location accesses the upland area. Senior Planner Darling displayed the southwest corner and said it is covered by wetland. She said the driveway would allow access to the larger part of upland property and a small amount on the south end where grades are fairly steep. Commissioner Kobussen asked if the city will be happy with the proposed Outlot C which surrounds Pond #6. Senior Planner Darling said that outlot should be combined with adjacent properties and that requirement will be added to the resolution. Chair Davis asked about tree preservation and if the restoration of 7,500 inches and paying restitution and planting 160 trees on the Northwest Greenway trail corridor are two separate points. Senior Planner Darling answered affirmatively and said after the trail is constructed the city will direct where trees can be planted. She said if the trees cannot be accommodated on that outlot then the developer will have to pay restitution. Chair Davis introduced the applicant, Chad Onsgard, Pulte Homes. Mr. Onsgard said this a unique site with great natural attributes, complex wetlands, and the connection to the new greenway on the south and north are key amenities. He said Dunkirk Lane on the east side and elevation changes make it a challenge to design and develop. He said they designed the site with the least amount of impacts possible. Mr. Onsgard showed marketing renderings and said 61% of the lots will be walkouts with great views of wetlands. He showed the pool site and reviewed the different house types, which are 3,600 to 4,000 square feet. Commissioner Anderson said the topography on this site indicates roadway areas are at a maximum of 7% grade and asked how they will compensate between homes for that grade change. Commissioner Anderson asked if there would be retaining walls between them. Mr. Onsgard said options include feathering the grade between houses, using retaining walls, or extending the foundation down and creating a sidewalk. Chair Davis asked the price point of the homes. Mr. Onsgard said one type would start in the low $500,000 and the other would be in the higher 500,000. Chair Davis opened the public hearing. Chair Davis introduced Jim Sable, 4710 Harbor Lane, who said he is representing the Plymouth Gun Club which is adjacent to the property. Mr. Sable said the Shooting Range Protection Act is Approved Planning Commission Minutes May 21, 2014 Page 10 in place today and the city, gun club and developer all have the same goal that whoever buys is happy with their decision. He said there should be full and complete disclosure up front that they live next to a gun club and that there is sound that comes along with living by a gun club. When Harvest Hills developed, Mr. Sable said the city had the developer put up signs on the edge of properties informing people that a gun club is present and operating since August, 1957, with hours of operation on it. People moving in had to sign a document that they had been informed and that document followed the property so if the property changed hands, everyone had to sign. Mr. Sable said the Shooting Range Protection Act requires compliance with the act for all properties within 750 feet of a shooting range. Mr. Sable said 66% of significant trees, which go a long way to mitigate sounds, are going to be removed. He said the word "significant" is significant because it only applies to trees 8" in diameter for coniferous and 10" if deciduous, and those trees can be removed without being counted if they are in the way of a street, cul-de- sac or home. Mr. Sable said if sound becomes an issue, the 750 feet will come into play. Chair Davis introduced John Danio, 5420 Comstock Lane. Mr. Danio echoed Mr. Sable's comments about trees and sound mitigation related to gun noise. He said half his neighbors knew the gun club was there; others assumed it was construction noise but now understand it is a permanent fixture. Mr. Danio said the loss of trees from this development, other developments and along Dunkirk Lane will create noise issues for homeowners in Spring Meadows and the new development, particularly from the firing range. Mr. Danio asked if anyone has looked if sound issues will get worse or better or if houses provide the same sound mitigation that dense trees provided. He mentioned some indoor gun ranges and airports use options other than trees to mitigate sound. Mr. Danoi suggested putting in more trees when Dunkirk Lane reconstruction is completed and keeping as many trees as possible in the firing line of the shotgun noise. Chair Davis introduced Jerry Deleski, 5495 Dunkirk Lane, who said he and his wife have been solid tax paying citizens, good stewards of their property, and avid supporters of Plymouth for 34 years. Mr. Deleski said he knew the land would be consumed for development and change is upon us. He said he was worried that changes would be piecemeal and would not utilize the full potential of the area, but the proposal by Pulte looks like a good partnership between the owners, the city and new owners and is a winning arrangement for everyone. He said the new owners in northwest Plymouth will benefit, property values are secured and will appreciate with this development. Mr. Deleski said they support this project. Mr. Deleski added they have lived in the back yard of the gun club, and the trees do alleviate some sound, but are not the sole answer. He said tweaking of the firing angle would help. Mr. Deleski said the gun club has been a good neighbor. He said the big houses will alleviate more noise than the trees do. Mr. Sable said the gun club has always tried to be a good neighbor. He said they support Music in Plymouth, have a scholarship program, and have the national distinction of being the birthplace of the fastest growing high school sport, trap shooting. Chair Davis introduced Lee Olson, 5535 Dunkirk Lane, who said he concurred with Mr. Deleski who spoke for the homeowners in the area, and is in favor of the proposal. He said the gun club has been a good neighbor. Mr. Olson said he lives closer and is in the direct firing line. He said Approved Planning Commission Minutes May 21, 2014 Page 11 the trees attenuate the sound, but even when there are no leaves and with wind in his direction, it is livable. Chair Davis closed the public hearing. Chair Davis asked if the development will cause the range to be out of compliance. Planning Manager Thomson said the notification and requirements for noise mitigation for properties within 750 feet of the gun club are conditions in the staff report. She said we try to be good neighbors as well. Senior Planner Darling reviewed tree losses on the heavily wooded south end and said many trees will be removed to accommodate homes and streets. She reviewed the tree preservation plan which shows 66% of the trees will be lost. Senior Planner Darling said the applicant is saving a considerable number of inches on the south side where lots are longer and grades go down to a ravine area. Senior Planner Darling said the developer is allowed to cut up to 50% of tree inches without penalty, and after that they have to reforest. She said trees lost to ponds and trails are exempt, but not for proposed streets in this development. Senior Planner Darling confirmed this proposal is for 139 lots, one lot for an HOA amenity lot, one lot for a park and an outlot for the Northwest Greenway trail. Commissioner Kobussen stated the preliminary plat Item E.2 should be changed to read, "absorb Outlots A and U. Commissioner Anderson said it is appropriate to modify the guide plan from LA -RT, and it is nice to see Dunkirk Lane under construction. He said the issue is the trees, and we love our trees except they are always at the bottom of the pecking order to protect wetlands. Commissioner Anderson said he looked to see if RSF-3, instead of RSF-2, would save any more trees, but in his opinion, it would not because of drastic grade changes. Commissioner Anderson concluded restitution is the best way to deal with the trees, and said this is a good plan. Commissioner Oakley concurred with Commissioner Anderson that this is a good plan. He said we have seen a lot of plans on Dunkirk Lane and applauded the developer for bringing many of the property owners together for a plan they are supporting. MOTION by Commissioner Oakley, seconded by Commissioner Anderson, to recommend approval of the request by Pulte Homes of Minnesota for reguiding, sewer plan amendment, rezoning and preliminary plat for "Aspen Hollow" for 139 single family lots on property located from 5495-5735 Dunkirk Lane, with the addition that preliminary plat condition 7.e.2) be changed to read, "Absorb Outlots A and C into the adjacent lots and place easements over the utilities and ponds." Roll call vote. 5 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes May 21, 2014 Page 12 E. MANLEY DEVELOPMENT (2014010) Chair Davis introduced the request by Manley Development for rezoning and preliminary plat for "Plymouth Preserve" for 27 single family lots on property located at 5336, 5340 and 5360 Vicksburg Lane. Senior Planner Drill gave an overview of the staff report. He said an email and letter have been received and are part of the public record. Chair Davis asked how much traffic the proposed development will add. Senior Planner Drill said a single family home generates 10 trips per day, so the 27 units would generate 270 additional daily trips. He said the local residential streets have capacity for 1,500 trips per day and the street system would accommodate this development. Commissioner Anderson asked if the required temporary cul-de-sac on the end of the roads would prevent a house from being built until those streets go through. Senior Planner Drill said there is a home on the temporary cul-de-sac in the development on the north end. He said the temporary cul-de-sac on the south end is for the two lots, which would develop later. Senior Planner Drill said we are still working with the fire marshal on how to address this matter for the final plat. Commissioner Kobussen asked if the lots extend back to the railroad track or to the gravel road. Senior Planner Drill said the ownership of the private road serving these homes is a puzzle. He stated an easement document recorded gives each owner an equal 1/6th share. However, there is some question as to whether that is in fact the case. Senior Planner Drill said ultimately the city would like to have a trail under the bridge that will be constructed on Vicksburg Lane. He said until such time as Vicksburg Lane is reconstructed, it would be absorbed through extended lot lines or the city would use part of it for a trail way. Commissioner Anderson said even though there are existing easements, the road would need to be platted as an outlot for the final plat. Chair Davis introduced the applicant, Kevin Manley, who said the 27 lots will be custom homes with a price range of $600,000 — 900,000. Chair Davis opened the public hearing. Chair Davis introduced Dave Hackenmueller, 5364 Vicksburg Lane. Mr. Hackenmueller said he discovered ten years ago that 5336 Vicksburg Lane had title to half the road, and he had title to the other half. He said the homeowners all maintain and pay for it, and they decided to do the fair thing and split it so each owner had 1/6. Mr. Hackenmueller said this change was recorded Approved Planning Commission Minutes May 21, 2014 Page 13 ten years ago with the county but the City of Plymouth still has 5336 and 5364 Vicksburg Lane each owning half. Mr. Hackenmueller said he did not know if the three owners who are developing have relinquished their rites. Mr. Hackenmueller said the other three have not gotten on board but it should not affect development as the road should be an outlot and not part of the home sites as it is not really an easement any more and everybody owns 1/6th of it. Mr. Hackenmueller said he has concern about additional drainage and ponding that would happen on the back of his property from the proposed development. He said he would not want to approve this development until he develops his property. Chair Davis asked if Mr. Hackenmueller would access his property through Taylor Creek if the road is closed off and he does not develop his property. Planning Manager Thomson stated that if the road were closed, the city would have to provide alternate access. Chair Davis introduced Luke Malloy, 15500 53rd Avenue, who voiced objection to the proposed rezoning in its current state. Mr. Malloy said there is only one access road for 27 homes through Taylor Creek and the potential second access at Shenandoah Lane, which is not part of this plan, may not happen for a year or more. Mr. Malloy said he is concerned about increased traffic on 53rd Avenue which is a curvy road with lots of kids and people going to the park. Mr. Malloy said the values in the proposed development are 25 — 50% less than Taylor Creek with only one access road right through the heart of a high end development. Mr. Malloy questioned the price points as documentation provided said the proposed values would be $400,000 — 800,000. Mr. Malloy said he knew these parcels would develop at some point and it was reasonable to assume the properties would develop at the same time. He said this application does not address opening up Shenandoah Lane, as traffic could be eased if both were built at the same time. Mr. Malloy proposed rejecting the rezoning and preliminary plat in its current state. Chair Davis introduced Bruce Banister, 5340 Vicksburg Lane, who said if this development did not happen, we would have a problem with the bridge and the city would have to figure out how people could get in and out. He said you will see in the near future a development proposal for the Gonyea property when people can't access Vicksburg Lane. Mr. Banister said the proposed development is eliminating a problem on how people will re -access Vicksburg Lane when the bridge is built. Chair Davis introduced Andrew Wilkerson, 5405 Polaris Lane, who said traffic is an issue already on 55th with traffic from the Polaris neighborhood. Mr. Wilkerson said their developer told them this area would never be developed so they expected it would be just trees. He asked what kind of tree line and vegetation will be on the east side screening the new development. Chair Davis introduced Scott Fitzgerald, Tri Star Homes, who said he will be one of the home builders for this project. He said they are a smaller, high end builder and they are looking at one of these homes to be $850,000. Mr. Fitzgerald said he can appreciate everyone's concern about traffic, and assured them that they are not building crackerjack boxes, but rather quality homes which will complement the other homes in the area. Approved Planning Commission Minutes May 21, 2014 Page 14 Chair Davis introduced John Tomlin, 5310 Terraceview Lane. Mr. Tomlin said he and his wife, and four and six-year old, moved in two weeks ago to their dream home. He said it seemed perfect but the two blind corners with grades on each side are not ideal for a lot of traffic. Mr. Tomlin said he has safety concerns for his children and is of the opinion before you build homes, you should build safe roads. Chair Davis introduced Jason Hooper, 5320 Terraceview Lane, who said he understood development would occur but did not understand roads would not be in. He asked that consideration be given not only to the Plymouth Preserve proposal but the impact from all developments in the area. Mr. Hooper provided traffic, density, character and value statistics for developments feeding through the Taylor Creek development of 68 homes. He said the current density of homes in Taylor Creek is 2.15 to 2.35, and the Plymouth Preserve increases that to a 2.45 density. Mr. Hooper said the increased traffic poses a significant threat with the two blind corners, only one emergency access point, the road is designed for 1,500 trips and development will approach or exceed that limit, and the proposed lots width and size are smaller than Taylor Creek and adjacent developments. Mr. Hooper recommended the proposal be denied and requested a change in the zoning for fewer lots to reduce traffic, provide two access points that do not connect on Terraceview Lane, provide a cul-de-sac that is in compliance and decrease proposed traffic on to Terraceview Lane. Mr. Hooper said he has severe concerns that Vicksburg Lane cannot safely handle the 3,380 vehicles from 55th Avenue. Mr. Hooper said smaller lots, homes valued at 65% less than Taylor Creek homes, and increased traffic impact property values. Chair Davis closed the public hearing. Senior Planner Drill stated the city attorney did a title search on the private drive and the 1/6 shared ownership easement and said the driveway is tied to this site, and Mr. Hackenmueller owns the other half. Senior Planner Drill said it is possible Hennepin County tax records could not assign six property identification numbers to a driveway. Senior Planner Drill said documents may not have been recorded properly and further investigation is needed and he will work with the city attorney. Planning Manager Thomson stated the ownership would be determined with the city attorney before this would go forward. Commissioner Anderson asked if we have a valid application and have all property owners signed. Senior Planner Drill said these owners do not have to sign the application in order to submit the plat application, which is based on the current opinion from the city attorney. Senior Planner Drill addressed Mr. Hackenmueller's concern about drainage and a pond on the back of his property. Senior Planner Drill stated the current proposal shows a pond relocated to the northeastern edge of the plat. Approved Planning Commission Minutes May 21, 2014 Page 15 Senior Planner Drill said the road was designed to handle the additional trips generated by the 27 homes. He said the City Council will make any decisions regarding the traffic situation. Mr. Manley addressed the issue of price points of the homes and said the lots are $200,000 — 280,000, and homes would be $600,000 - 900,000. He said the Gonyea property will develop as soon as the road is improved. Mr. Manley said the trees on the wetland and park area on the east side will remain, except where the lots are. He stated the lots are bigger than next door and are 80 to 110 feet wide and are very deep. Chair Davis asked if the zoning is the same as Taylor Creek. Senior Planner Drill said Taylor Creek 3rd and 4th are RSF-3. The rest of Taylor Creek was designed as a planned unit development which had to do with setbacks from the street and a desire to preserve significant tree stands. Planning Manager Thomson commented that consideration is not given to the price range of the homes for an application. Senior Engineering Technician Campbell discussed the traffic design on 53rd Avenue and said based on the terrain of the property, the curvature of roadways has a tendency to slow down traffic so you don't see 30 mph. speeds on those roadways. Senior Engineering Technician Campbell said there are some sight distance issues. Planning Manager Thomson said the guiding of the property provides the density range and the application conforms with the comprehensive plan. Senior Planner Drill said when the Dotseth parcel is developed the city will require an emergency access as far north as possible which will double as a trail at Upland Lane to tie in to this development. Mr. Manley said builders in the development will be Tri Star (13 lots), John Rohs (8 lots), and Golden Homes (4 lots). Chair Davis asked if Mr. Hooper's traffic calculation is relatively accurate. Senior Planner Drill said the popular route would be to Vicksburg Lane and there would be 270 additional trips. Senior Planner Drill added that 55th Avenue was designed as a wider, collector roadway and is capable of picking up neighborhoods on either side. He said long term in Hampton Hills, the road is anticipated to tie into 57th Avenue through Woodcrest to Juneau Lane. Mr. Hooper said his concern has not been addressed. He said once there are two outlets all traffic from the proposed development and the future Gonyea parcel will dump on to Terraceview Lane and there will be a bottle neck at 54th and 55th at Terraceview. Mr. Hooper stated all traffic going through Terraceview Lane is not acceptable and will exceed the capacity it was developed for — 1,500 trips per day. Approved Planning Commission Minutes May 21, 2014 Page 16 Senior Engineering Technician Campbell suggested that the traffic engineer, SRF, look at this traffic issue. Chair Davis said a traffic study seems to be warranted because of the concerns. Mr. Hooper said he contacted the city traffic department for a traffic study on speeds, which will be conducted in 3-4 weeks. He said speed is a major concern on the curves, and certain residents and construction traffic do not adhere to the 30 mph. Commissioner Oakley concurred that traffic is an issue, but he would like more information regarding ownership of the access road. He said there is no definitive answer if there are two, three or six owners. He said the engineering firm is a good firm, and he suspects they were not able to get the information. Commissioner Oakley said he would not be able to vote in favor but would continue or deny the request. Mr. Manley said they do not need that property for development. He said eventually there will be a trail and it does not affect them. He said they can give up their rights, and the city can work with the other owners. Planning Manager Thomson said the driveway could remain an outlot. Commissioner Anderson said every piece of an application must indicate where it is going, and part of this piece is no man's land. Commissioner Anderson said he is surprised the engineer did not do that because easement is different than ownership and you have to say what it is. Chair Davis introduced Nate Herman, engineer for the project, who said he looked at the county website and said it has been hard to determine what is deeded. He said they extended the property lines to that easement point. Mr. Herman concurred with Mr. Manley that it can be an outlot and can be deeded to the city, and at final plat extend those lot lines. Mr. Herman stated they do not have enough information to extend lot lines into the easement at this time. Commissioner Anderson asked if the city requires title work as part of an application. Senior Planner Drill said it is not required for a preliminary plat application. Planning Manager Thomson asked Mr. Herman if it would be possible to identify the area of the shared roadway as an outlot. Mr. Herman answered affirmatively. Commissioner Anderson said this proposal is the next logical phase in terms of property as we do not require concurrent development. He said it is done piece meal and he said there are two other connections off Taylor Creek and two off this site that will connect. He agreed they run up to the north and tie to the main arterial now, but trusts the city has the roads sized adequately. Commissioner Anderson said cutting off the existing dirt road access to residual property is not a piece of this application and is a city issue to decide the timing of putting a bridge over Vicksburg Lane. Commissioner Anderson said he is stuck on the six property owners owning a Approved Planning Commission Minutes May 21, 2014 Page 17 piece of that road needed to create an outlot, and they have to agree to that. He said that is a final plat issue and said he can move forward if a condition is added to resolve the title of the road. Planning Manager Thomson added the information we have at this time allowed us to move forward per our city attorney. Chair Davis concurred with Commissioner Anderson that traffic from this development will take a route up to 55th Avenue. He said he is not a fan of that `snakey' path, but with wetlands and lots already built in Hampton Hills, he is not sure there is another way to get out of there. Chair Davis said he would like to see results of a traffic study in terms of road capacity, speed and visibility issues. He said a 90 degree curve on a flat road is one thing, but these roads are curved and he would like to know what a traffic study would show for the road now and with the projected development at the southeast corner. Chair Davis said he will support this but recommends the City Council not going further until the title issue is resolved and a traffic study provides a bigger picture of what will be occurring. MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to recommend approval of the request by Manley Development for rezoning and preliminary plat for "Plymouth Preserve" for 27 single family lots on property located at 5336, 5340 and 5360 Vicksburg Lane, with the added conditions that a traffic analysis be undertaken to show the area is capable to handle the traffic and the ownership of the private roadway resolved prior to final plat. Roll call vote. 4 Ayes. MOTION approved. Commissioner Oakley voting nay. F. CITY OF PLYMOUTH (2014023) Chair Davis introduced the request by the City of Plymouth for rezoning and PUD general plan for additional office use in an existing industrial building located at 1405 Xenium Lane. Planning Manager Thomson asked that this item be continued. Chair Davis opened and continued the public hearing. MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to continue the request by the City of Plymouth for rezoning and PUD general plan for additional office use in an existing industrial building located at 1405 Xenium Lane to the June 20, 2014 meeting. Vote. 5 Ayes. MOTION approved unanimously. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chairman Davis, with no objection, to adjourn the meeting at 10:45 P.M.