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HomeMy WebLinkAboutPlanning Commission Minutes 02-24-1993W CITY OF PLYMOUTH PLANNING COMMISSION MINUTES FEBRUARY 24, 1993 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Dennis Zylla, Mike Wigley, Ed Albro, Barb Stimson (arrived at 70s) and Scott Syverson # MEMBERS ABSENT: None. i STAFF PRESENT; Director Chuck Dilletud, City Engineer Dan Faulkner, Associate Planner John Keho, and Planning secretaryJackieWatson MINUTES: MOTION by Commissioner Wigley, seconded by Commissioner Syverson to approve 1' the February 10, 1993 Planning Commission Minutes. r i, Vote. 3 Ayes. Commissioners Albro and Zylla abstained. Motion carried, x BATON CORPORATION (92113) Chairman Stulberg introduced the request by Baton Corporation for an Amended. RPUD Preliminary Plan/Plat and Conditional Use Permit for !0 single family ad and18twinhomeslocatedsoutheastofLarchLaneandOldRockfordRoad, Associate Planner Keho reviewed the February 16, 1993 staff report. Chairman Stulberg introduced Mr. Richard Zejdtik, representing the petitioner, Mr. Zejdlik discussed the requested setbacks, and preservation of the trees and wetlands on the site. He said that a previous tree survey showed a total of 246 treeswhichmettheperimetersforpreservation. He stated that their plans show that approximately 65 ol'these trees will be lost during grading and building on the site, Mr. Zejdlik stated that he would try to preserve trees as many trees as Possible bybuildingthehomesclosertothefrontoftheproperty, Mr. Zejdlik said that the 50 foot outiot would never be built on and would remainwoodedtoscreentheneighborhoodtotheeast. He said this vacant outiot is moregenerousthanwhattheCityrequires. He said that the restricted back yards on Lots 1, 2, 3, and 4, Blocic t is because of the wetlands. 0 Planning Commission Minutes February 24, 1593 Page 25. Mr. ZedjWc described his plans for terracing the crossing of the draw and the construction of a concrete structure which will be well designed, planted, maintained by the HOA. This proposed crossing of the draw would infringe on the wetlands on the west side, and this wetland encroachment will be mitigated elsewhere on the site. Mr. Zejdlik discussed the location of the hail system through the large outlot. He said that there would be a covenant regarding setbacks. He said he has taken into account each house and the preservation of each and every possible tree. Mr. Zedilik stated that this proposed plan eliminates hard surface and the larger population which would have resulted if the condominium plan had been pursued. Chairman Stulberg stated that the Concept Plan for this site was approved in October, and tonight's discussion should relate to the current request for a Preliminary Plan/Plat. Chairman Stulberg opened the Public Hearing. Chairman Stulberg read a letter received from City Attorney Robert Meller which responded to two letters received from citizens regarding "adverse possession" of the site. Chairman Stulberg introduced Mr. Bob Donley of 1174038th Avenue Noah; Mr. Donley handed out a packet of information which covered the items he would discuss. Mr. Donley stated that he was representing the Mission Homeowners Association. Mr. Donley reviewed the history of the site, and stated that he did not believe this Proposed plan was appropriate for this site. He said he preferred the reduced site impact of the previous condominium plan which would have added alot of landscaping to the site. He said the previous condominium plata also fit the site better thim the current plan. Mr. Donley reviewed the 1991 Plan proposed by Baton Corporation which was denied by the City Council, and stated that this new plan is very similar to the 1991 plan with the exception of the single family homes on the east portion of the site. He said that the variance being requested for front setback on lots in the northeast portion of the site is only so that the three lots proposed at this location can be built adjacent to the wetlands, and that without the variance these homes could not be built without wetland encroachment. Mr. Donley stated that the homeowners major issues are that the plan does not preserve the natural characteristics of the site; is below the PUD standard; is not fair to existing Planning Commission Minutes Febn ary:24, 1993 Page 26 property owners; the unclear ownership of Outlot A; and, the proposed location of the trail Mr. Donley stated that this proposed plan will destroy 611-70 percent of the site. He said the homeowners would like all of Outlot Adeeded to the Mission Ridge H Associatign, not split down the middle. He said the plans for the proposed trail is within the woodline, •and not outside the'woodline as recommended by the Council in October, 1592. He said the path oc the existing sewer line is used by residents as a natural trail and should be used as the trail in this proposal. Mr. Donley stated that the street in the proposed plau.goes directly through the woodline and will impact the major tree concentration on the site. He said that questions the 246 tree count by Mr. Zejdlik, and thinks the tree count is closer to 190, with the prediction that 90 trees will be lost. Mr. Donley stated that the existing homeowners adjacent to this site are asking that this plan be denied because it does not preserve the natural site characteristics; it removes planned open space; moves proposed strictures closer to the existing homes and at a higher elevation; it does not reforest the property; and, causes a greater loss of trees than the pervious plan. Commissioner Wigley asked W. Donley if the homeowners had contacted Hennepin County Parks to see if they were interested in purchasing this site as additional park land. Mr. Donley stated that they contacted the Park Board. He said that the Park Board stated that they would like to extend the existing park boundaries and would take this suggestion to the Metropolitan Council for resolution. He said that some of the neighbors are also trying to raise funds to purchase the site. Chairman Stulberg introduced W. Chuck Lymangood of 11780 -40th Place North Mr. Lymangood stated that he thought Lots 1-4 were unbuildable. He said that this proposed development does not respond to Planned Unit Development criteria regarding benefits from new technology; the use of higher quality design; and, the preservation of natural site characteriefts, as stated in the Zoning Ordinance. Mr. Lymangood stated the developer should have to submit more than one plan for the crossing of the draw. He said that the design of Jonquil Lane is not an effective use of streets. He said that the requirements for open space in a PUD is not met by this application., Chairman Stulberg introduced Mr, David Priebe of 3825 Forestview Lane. W Planning Commissionmautes February 24, 1993 Page 27 Mr. Priebe stated that the existing homeown.as' rights exist today. He said that common law dedication indicates that this brad has been set aside by the developer and he considers this development to be a plundering of the site. Mr. Priebe said that state Statutes protect this site. He said that common law dedication of this site was relied upon by neighbors who said that statements made by a developer 15 yeas ago that this site could be used by the existing homeowners; and they were told that it would not developed. He said be feels that the neighbors have rights to this site. He asked that the neighbors be given some time to continue their efforts to purchase the site and make it a pan: of French Park. Chairman Stulberg introduced Ms. Barbara Heenan of 8401-32rd Avenue North, Crystal. She discussed the wetlands and the wildlife species: located on the site. She said she thought that Lots 1-4 were unbuildable because of the amount of wetlands and on the site, and, she said she questioned whether the developer would fill in the wetlands to make this area buildable. She said she is opposed to wetlands being used as filtering systems which destroy the habitat. She said this site contains 15 acnes of majcr wetlands and many rare or declining species of wildlife which will be destroyed by this proposed development. Chairman Stulberg introduced Master Joey Lehrman of 11785.40th Place North. Master Lehrman asked that a decision be held off so that Hennepin Parks can purchase the site. Chaitman:Stulberg introduced Ms. Aura Lundquist of 11730 -38th Avenue North. Ms. Lundquist stated that she purchased her home in Mission 11 because she wanted woodlands at the rear of her home site. She said that she was told that only some condominiums would be built behind her home and that they wouldbe barely visible from their home. She said she is opposed to the current plan which will destroy most of the trees behind her home. Chairman Stulberg introduced Mr. Jim Lundquist of 11730 -38th Avenue. North. Mr. Lundquist stated that his home will border the proposed trail system. He, said he does not believe that particular attention will be paid to the preservation of trees once development begins. He said that prior grading of earlier developments destroyed trees that should not have been destroyed. He said that an earlier developer failed to construct a trait, and the neighbors now maintain a trail system off 38th Avenue North. He said the terrain is too steep for a trail system on some parts of the site. He said that promises made 15 years ago by a former builder have been broken. Chairman Stulberg introduced Ms. Sharon Meister of 3615 Evergreen Lane. 0 planning Commission Minutes Febnury?R. 1993 Pap 2 Ms. Meister asked what will be done on the site to prevent erosion and runoff into the lea - Chairman Stulberg introduced Ms. Mary Notstad of4075 Goldenrod Iane. Ms. Norstad asked if any of the Commissioners had walked the site. She said that the 1985 plan amendment compromised the amenities that this site provides to existing homes. She asked that this request be denied so that the property could be sold to French Park and be preserved. She said she was misled by aformer builder into thinking that the site would not be developed. She said she thought the condominium project would have less impact on the existing neighborhood. She said she is not asking that condominiums be built, but only for preservation of the land. Stulberg introduced Mr. Dick Remde of 4045 Goldenrod lane. Mr. Remde passed out a letter to the Commissioners. He stated that the pond on the northern part of the site flows down through Lot 5 as a watercourse. He said he thought that Lot 5 is questionable as to whether it is buildable. Be said that the reduced setbacks requested are not fair to the rest of the PUD. He said that he was led to believe condominiums would be built on this site by a former builder. He said he paid a premium price for his lot because of the woodlands. He said he preferred the shorter cul-de-sac shown in a previous plan that was amended in 1985. Chairman Stulberg introduced like Ricci of 4095 Goldenrod lane. Mr. Ricci stated that he had asked:a former developer about this land and was told the land was unbuildable. He said that the Hennepin Park Board had passed a motion to consider amending their master plan. He said that the neighbors will continue to pursue this. Chairman Stulberg introduced Mr. Marlin Sjaarda of 11720 -38th Avenue North. Mr. Sjaarda referenced his letter which was distributed to the Planning Commissioners before the meeting. He stated that the tree cover is not as dense as suggested in the wintertime. He said that broken commitments made to homeowners by a previous developer will cause a loss in value for his home and to those of other neighboring properties. Chairman Stulberg introduced Mr. Bob Thompson of 3650 Forestview Lane. Mr. Thompson stated his home is next to the southern end of the cul-de-sac and trail proposed and will impact his home because of the close pm) imityto his bedroom. He said he would like to purchase some of the property to create a buffer zone between his home and the trail, Planning (bmmission Minutes February 24, 1993 Page 29 Mr. Terry Veth of 11810 -36th Avenue North was called upon, but he had left themeeting. Chairman Stulberg introduced Mr. Harry'Vogen of 12055-41st.venue North Mr. Vogen stated that he lives in the Parkside Apartments. He said he would like toseetheproposeddevelopmentonthissitedeniedsothatthelandcouldbecomeapartOfFrellftPark. He said this is one of the few remaining pamels of land which contains sigtifieant wildlife. He said he was interested in the price the developerwouldsellther,, gd for. He said that the bestuse of the )and would be to add it toFrenchPark Chairman Stulberg introduced Mr. Hugh Maynard of 1420 Sprint, Valley Road, Golden Valley. Mr. Maynard stated that he was an attorney representing the Mission Partnership, owners of the site. He said he npresee!zii the partnership and )aotBaton Corporation. Mr. Maynard stated that this site is a part of a Large Planned Unit Deve!4ment whichbeganin1975. He stated that the land which is now French Park was taken from hisclients, and the, park is the major amenity of this site. He said that the`MissionPartnershiphasenteredintoanagreementwithBatonCorporationforthesaleof thisproposedsitetoBatonCorporation. He said that this site has always been designatedforhousing. He said that Hennepin County chose not to buy this site in 1975. HeexplainedthattherearenovestedrightsforanytypeofdevelopmentuntilthePreliminaryflatstageisapproved. Mr. Maynard stated that the expectations of the neighbors are questionable, as the Cityplanshavealwaysshownhousingonthissite. Chairman Stulbefg recognized Mr. Bob Donley a second time. Mr. Donley stated that he had never mentioned the word park for this site. He said; alltheexistinghomeownerswantiswhatisrightforthissite. Chairman Stulberg recognized Ms. Mary Norsted a second time. Ms. Norsted said she wanted to stress that site had been misled by the previousdevelopersintothinkingthattherewerenoplanstobuildonthisproposedsite. Chairman Stulbero recognized Ives. Anna Lundquist a.swond time. Planning Commission Minutes Feluuary 24,.1993. Page 30 Ms. Lundquist stated she was told that condominiums would be built on this site when she purchased her home. i Chairman Stulberg recognized Mr. David Priebe a second time. i Mr. Priebe stated that he wanted to stress that the Mission Partnership and the previous developer misled the existing homeowners when they purchased their homes. l Chairman Stulberg closed the Public Hearing. Chairman Stulberg called a mess at 9:20 p.m. The meetipP, reconvened at 9:35 p.m. Mr. Zejdlik explained that the proposed first flcor elevation of the single family homes proposed would be a maximum of 941 feet, and only the roofs of the homes would be visible. He said the elevation of the completed proposed condominium project would be 955 feet.. He said that the proposed homes will be built into the hill, not on top of the hill on the main portion of the site. Chairman Stulberg asked for a clarification as to the ownership of Outlot A. i Director Dillerud said that OurlctA is currently owned by Mission Partners. Mr. Zejdlik stated that the trail design was added during svdf review of the plans. He said that the contour of the land had dictated the location of the trail, but that the location could be changed to try and preserve more trees. He said that staffs main concern during the review process was the connection of the trail at 36th Avenue North. v Mr. Zedjlik said that wetlands will not be touched unless absolutely necessary. He said that mitigation will accommodate any wetlands that are disturbed. E Mr. Zedjlik stated that the density of 28 units is not excessive. He said they will not cut the top of the hill, and intend to be very conscious regarding the preservation of trees. Mr. Zedjlik slated that the proposed homes will have two car garages and room for two additional: cars within the driveway., S City Engineer Faulkner stated that hay bales will be positioned around the catch basins to eliminate sediment filtering into the wetlands, along with silt fences near the street during constntction. He said that proper maintenance will be monitored and ft financial guarantee will be posted to cover any problems during the conittniction phase. 0 Planning Commission Minutes Febnury 24, 1993 Page:3l Mr. Zedilik stated that Lots 1-4, Block I will not be filled, and that only possibleoverhangofadeckwouldprotrudeintothewetland. Mr. Zedjlik stated that he would give consideration to the request by Mr. Thompson to move the proposed trail away from his property. He said that if the neighbors were interested in purchasing the site they would need to discuss this with the Mission Partnership. Commissioner Wigley asked if the loss of 65 trees is the worst case scenario. Mr. ZedjWr responded that of the projected loss of 65 trees, 13 of these could possible be saved, depending on the future homeowners and their desires as to the location ofthehomeonthelot. MOTION by Commissioner Wigley, seconded by Commissioner Zylla to recommend approval of the request by Baton Corporation for an Amended RPUD Preliminary Plan/Preliminary Plat and Conditional Use Permit for 10 single family lots and 18 twinhomes located southeast of Larch Lane and Old Rockford Road, subject to all conditions listed in the February 16, 1993 staff report. MOTION to Amend by Commissioner Wigley, seconded by Commissioner Stimson to add a condition stating that abond be supplied to cover the removal of any, treesaccordingtotheTreePreservationPolicy. Commissioner Zylla stated that he did not think we should restrict a developer by being so specific as to the number of trees removed during development. Roll Call Vote on Motion to Amend. Commissioner Wigley voted Aye. Commissioners Syverson, Zylla, Stimson, Albro and Chairman Stulberg voted Nay. Motion failed. M011ON to Amend by Commissioner Wigley, second by Chaimtan Stulberg to add a condition for the relocation of the trail subject to the approval of City staff. Roll Call Vote on Motion to Amend. 6 Ayes. Motion carried on a unanimous vote. Motion by Commissioner Albro to increase the required setbacks to 35 feet front, sideyards10feetand10feet, and 50 foot rear yafd setbacks. MOTION to amend died for lack of a second, Commissioner Zylla stated that the PUD ordinance relates to the compatibility and positive relationships, and the internal organization of a proposed plan; and, he felt thisplanisaverycompatibleuseoftheproperty, 0 a Planning Commission Minutes February 24, 1993 Paga M Roll Call Vote on Main Motion as once amended. 5 Ayes, Commissioner Albro voted Nay. Motion carried on a vote of 5-1. C1TY OF PLYMOUTH (93010) Chairman Stulberg introduced the request by the City of Plymouth for a Preliminary' Plat/Fi,nal Plat for a 1 lot residential subdivision located at the southeast corner of Rockford Road and Fembrook Lane. Chairman Stulberg waived review of the February 9, 1993 staff report. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the issue. Motion by Commissioner Wigley, seconded by Commissioner Stimson, to recommend approval of this request by the City of Plymouth for a Preliminary Plat/Final Plat for a I lot residential subdivision located at the southeast comer of Rockford Road and Fembrook:Lane, subject to all conditions listed in the February 9, 1993 staff report. Roll Call Yale. 5 Ayes, Commissioner Albm abstained as he lives across the street from the site. Motion carried: CITY OF PLYMOUTH. LAND USE GUIDE PLAN TEXT AMENDMENTS Chairman Stulberg introduced the request by the City of Plymouth for Land Use Guide Plan Amendments regarding maximum allowable dwelling unit count Chairman Stulberg waived the review of the February 19, 1993 staff report. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the issue. MOTION by Chairman Stulberg, seconded by Wigley, to recommend approval of the Amendments to the Land Use Guide Plan Text regarding maximum allowable dwelling unit density, Roll Call Vote. 6 Ayes. Motion carried unanimously. 0 Planning Commission Minutes Februaq 24, 1993 Page 33 HRUTZIG HOMM (93013) ChaW= Stulberg introduced the request by Krutzig Homes for a PUD Final Site Plan and Final Plat for Boulaer fudge 3rd Addition located southeast of County Road 10 and Zacharylane. Chairman Stulberg waived the review of the February 18, 1993 sta4 report. MOTION by Commissioner Stimson, seconded by Commissioner' Syverson, to recommend approval of the request by Krutzig Homes for a PUD Final Site Plan and Final Plat for Boulder Ridge 3rd Addition located southeast of County Road 10 and Zachary Lane. Vote. 6 Ayes. MOTION carried unanimously. f ELECTION OF PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN MOTION by Commissioner Albro, seconded by Commissioner Wigley to elect Mike Stulberg to continue as Planning Commission Chairman. Vote. 5 Ayes. Motion carried. MOTTON by Commissioner Wigley, seconded by Commissioner Albro, to elect Commissioner Zylta to remain as Planning Commission Vice Chairman. Vote. 5 Ayes. Motion carried. Meeting adjourned a 10:20 p.m.