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HomeMy WebLinkAboutPlanning Commission Minutes 10-27-1993CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 27, 1993 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT. Chairman Mike Stulberg, Commissioners Barb Stimson, Scott SyvE-nn, and Julie Witt. MEMBERS ABSENT: Commissioners Dennis Zylla, Mike Wigley and Ed Albro. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Associate Planner John Keho, and Planning Secretary Jackie Watson MOTION by Commissioner Syverson, seconded by Commissioner Stimson to approve the October 13, 1993 Planning Commission Minutes. Vote. 4 Ayes. Motion cr:rred. MIKEMCMAHON/EMWAGE WOODS ESTATES (93110) Chairman Stulberg introduced the request by Mike McMaho:i for an Amended Planned Unit Development Plan and Conditional Use Permit for Heritage WoodsEstates to eliminate the common outlot and private trail. Associate Planned Keho reviewed the October 20, 1993 staff reflr*. Chairman Stulberg asked how many deeds were transferryA without the Homeowners Association documents on file with the County. Commissioner Witt asked which lots were purchased without the HOA documents on file. Associate Planner Keho stated that, he thought there were b lots which were transferred and not a part of the HOA, but be said be would have to do some research to determine which lots they were. Chairman Stulberg introduced Mr. Mike McMahon of 1280058th Avenue North, reprtsenting the petitioners. C Planning Commission Minutes October 27, 1993 Page 193 Mr. McMahon stated that there were 5 homes that were not in the HOA and some others that were in question. He said that they have never met as an association or paid dues. Mr. McMahon sated that the, signed petition attached to the staff report included all the homeowners in Heritage Woods Estates except one who he wwd not contact He. said the homeowners .rant the City to pay for the removal of the trail, and the homeowners would pay for the survey and filing of the lot division/consolidation. He asked that the $500 left in escrow from the developer was wanted by the homeowners to use for removal of the totlot. He said he believed that the outlot and hail were required by the City and the City did not monitor the developer's progress to ensure that he followed City directives. He said that Oudot A is shown on the survey, but the trail is not Mr. McMahon discussed some letters on file regarding Heritage Woods Estates which he understood did not include the hail as part of the common ownership of the HOA. He stated that they felt the City was responsible for not monitoring the recording of the finalplat and HOA documents. He said that the minimum insurance to cover liability for the tot lot would be about $2,500 per year, and the homeowners do not want to maintain something that is not even finished. Chairman introduced Mr. Philip Carlin of 12710 58th Avenue North, Mr. Carlin stated that his home was not a part of the HOA. He said he advised the City of the problems they were having with water covering the trail in May, 1990. He said the trail was under water 11 months of the year. He said that the City Engineer came out and viewed the situation but never did anything about the issue. He said he felt the City was responsible for these issues. Mr. Carlin said there was no insurance on this property. He said that there was not another development in the City that had concrete sidewalks in front of their homes. Chairman Stulberg introduced Mr. Barry Newman of 5820 Rosewood Lane. Mr. Newman reiterated that the pathway was usually wet in a 6 foot wide arra and people desiring to use the trail have to walk on the adjacent homeowners grass to proceed to the outlot. He said he felt a precedent would be set by the City if they allow this developer to walk away without finishing this project. Chairman Stulberg introduced Mr.7ohn Hartmann of 5825 Rosewood lime. Mr. Hartmann stated that he was in, agreement with what was said by the previous homeowners. He said he thought the private trail was filed as an easement along with the Homeowners Association documents. Chairman Shrlberg introduced Mr. Phil Peters of 5815 Rosewood Lane. Planning Commission Minutes October 27, 1993 Page 194 Mr. Peters stated that he agreed with what was said before him He said he was concerned that children could be injured on this private trail, which was not covered by any liability insurance. Chairman Stulherg introduced Mr. Gary Tavema of 5800 Rosewood I:ane. Mr. Taverna stated he was in agreement what was said by the. previous homeowners. Chairman recognized Mr. Carlin. Mr. Carlin stated thatthe. former Community Development Director was out to look at the site and bad stated dig it was unusual for a Homeowners Association to be made up of only 22 homeowners. He said that this final plat had a lot of last minute changes made to it before it was approved by the City Council. Chairman Stulberg closed the Public Hearing. City PsgineerFaulkner stated that the original plan for this site showed that the water would flow over the trail. He said that drain tiles could be placed upstream which would alleviate the drainage problems. Mr. McMahon asked who would maintain the trail if it remained on the site. Commissioner Witt asked why the tot lot had not been maintained. She stated that normal procedure ie to notify homeowners when areas are not maintained, and if they do not respond to the notification, the property would be brought into conformance by the City and charged to the appropriate land owner. Associate Planner Xeho stated that the City would have responded to any complaints regarding the maintenance of the tot lot, as with any other property. He stated that the developer had not put the sod down, and that was why $500 was still being held by the City to cover the landscaping of the tot lot. He said that the delinquent taxes were paid, and the deed for the outlot was transferred this year. Mr. McMahon stated that he received a copy of the deed this summer. Commissioner Witt asked Mr. McMahon if he questioned this outlot area when he purchased his home. Mr. McMahon replied that he was told that the walkway was maintained by the City. He said the liability insurance for the walkway was the major problem for the homeowners. Planning Commission Minutes October 27, 1993 Page 195 Commissioner Syverson asked if there was a homeowners Association. Associate Planner Keho stab Alat the Homeowner Association documents were filed with the County but were not filed at the same time as the final plat. l&. McMahon discussed the HOA document that he said was filed in January 1990. He said it was his understanding that the private walkway leads into the public trail, Commissioner Stimson asked if the Homeowners Association documents are required to be filed at the same time as the Final Plat. Associate PlannerKeho stated that this was how it was supposed to be done, and it was up to the developer to file the documents. Since this was not done in this case, staff has started a checkoff system to make sure that the Homeowners Association documents have been filed before the City would issue building permits. He said that this system would still not prevent the developer from selling a lot before both documents were filed, without the City's knowledge. City Engineer Fawker stated that he was not sure whether the sidewalk was public or private. He said that the developer repaired the sidewalk when repairs were needed. Associate Planner Keho stated the common open space was a part of the larger PUD and the open space was scattered throughout the PUD. Chairman Stulberg, explained why the open space was placed in the PUD He said that the ordinance requires public open space in a PUD, and this allows the developer flexibility with regard to smaller lot sizes. He said he did not feel that the Planning Commission should deal with the legal issues involved with this request. He said that he felt the developer i'ss some responsibility regarding these issues, and this request needs to be passed on to the Council without a positive or negative recommendation from the Planning Commission, Director Hurlburt stated that the Planning Commission could make a recommendation regarding the outlot if they were comfortable with it without making a recommendation on the tot lot and trail. MOTION by Chairman Stulberg, seconded by Commissioner Syverson, to, pass this request onto the City Council without a positive or negative recommendation,; and that the City Council deal with the City Attorney on the legal issues raised by this request. . Chairman Stulberg stated that the ordinance states that there must be common open space within aPUD, and, that the Planning Commission is charged to uphold the f Planning Commission Minutes t)ctober 27, 1993 Page 196 ordinance. He said that if he ware to do what was expected to serve the ordinance requirement, he would have to deny this request. He said that because he felt there were larger legal problems associated with this request he would like it go to the City Council without a positive or negative recommendation Mr. McMahon stated that he felt the planning of this site was the problem, and he would like to see this resolved quickly. He asked who was responsible for monitoring the completion of the developers responsibilities. Commissioner Stulberg stated that what is told to prospective home buyers by the developer was not the City's responsibilities Mr. McMahon stated that it his opinion that the Planning Commission was not doing their job by not voicing a recommendation. Commission Stimson stated that she agreed with Chairman Stulberg's motion. She said the Homeowners Association should carry liability insurance for the, tot lot. Mr. McMahon stated that U a child were injured on the tot lot he would sue the City before the HOA. Mr. Philip Carlin stated that the immediate homeowners should not have to pay to insure this piece of property, that he felt it was the City's responsibility: Associate Planner Keho explained the phasing process for an approved PUD for the homeowners who were present. Chairman Stulberg again explained the PUD process and how the developer uses the PUD process to obtain flexibility for some items in the PUD. Commissioner Syverson stated that if he had to make a decision to recommend or deny this request he would have to recommend denial to uphold the ordinance, but said h( felt there were legal issues involved and that the City Council was the place for these legal issues to be discussed. Commissioner Stimson stated that the homowners should not be agitated because the Planning Commission was sending the request forward without a recommendation. Shd said she felt this was a legal issue and should be handled by the Council. Roll Call Vote. 4 Ayes, Motion carried. Planning Commission Minutes October 27, 1993 Page 197 WEISH COMPANIES (93113) Chairman Stulberg introduced the request by Welsh Companies for a Conditional Use Permit for an Educational Service. Use in the Industrial District at 2905 northwest Boulevard. Associate Planner Keho reviewed the October 19, 1993 staff report. Chairman Stulberg introduced Robert Bouta, representing the petitioner. Mr. Bouta briefly reviewed the use and stated tlwt he was in agreement with the staff report. Mr. Bouta introduced Ms. Gayle Leverentz. Ms. Leverentz stated that instructors would be on site from 7:30 a.m. to 3:00 p.m, and that students would be on site between 8:00 a.m. to 2:15 p.m. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the request.. MO11ON by Commissioner Stimson, seconded by Commissioner Witt, to recommend approval of the inquest by Welsh Companies for a Conditional Use Permit for an Educational Service Use in the Industrial District at 2905 Northwest Boulevard, subject to all conditions listed in the October 19, 1993'staff report. Roll call vote. 4 Ayes. Motion carried on an unanimous vote. ROTILUND HOMES (930SS) Chairman Stulberg introduced the request by Rottiund Homes for PUD Preliminary Plan/Plat and Conditional Use Permit for 144 attached units on 11.77 acres located east of Shenandoah Lane and 22nd Avenue North. Associate Planner Keho reviewed the directive from the City Council regarding this request which required that the plans show the parking without use of garage aprons, and, that the plans muct the required setbacks for strictures and decks in the front yard, and that fences in the front yards meet the 3 foot height requirement. Chairman Stulberg introduced Mr, Donald Jensen, representing the petitioner. Mr, Jensen stated that they did respond to the Council directives as requested. He reviewed what they had presented to the City Council, He said that the developer can a Planning Commission Minutes October 27, 1993 Page 198 live with whatever ratio for parking requin;mems the Commission requires. He of fencing and setbacks, and showeddiscussedtheplanswhichmeettherequirements the floor plans for the units. He stated thax this design has never been done in the TwinCitiesandwillbepatentedbytheRottlundCompany. He said this plan meets all tests set by the ordinance. Commissioner, Witt stated that she was offended by Mr. Jensen's presentation to City q i Council regarding this request. She said, that this was her personal opinion and not that N of a Commissioner. Mr. Jensen apologized to the Commission, stating the he was sorry that he allowed bis emotions to surface at the City Council meeting. y MOTION by Chairman Stulberg, seconded by Commissioner Stimson, to recommendmeetingthedirectivesof r, approval of the new plans submitted by Rottlund Company, as the City Council for parking, setbacks and fence, height. Vote. 4 Ayes. Motion carried on an unanimous vote. GREAT MIDWEST CONSTRUCTION (93092) Chairman Stulberg introduced the request by Great Midwest Constroction, Inc. fo aLandUseGuidePlanAmendmenttoreguide7.4 acres from CL (1.uniteu Eueinessy toRezoningfromB-1 (Office Limited Business) to R-4LA -4 (High Density Residential); High Density Multiple Residence); Lot Consolidation; Site Pian; and Conditional UsePermit, for a 60 unit apartment complex, located at the southeast comer of 34th Avenue North and Harbor lane. Mr. KeniIssacson, representing the petitioner, asked that this item be tabled until he talks with some of the adjoining property owners. MOTION by Chairman Stulberg, seconded by Commissioner Stimson to fable this request to a future Planning Commission meeting. Vote. 4 Ayes Motion to table carried. The meeting adjourned at 8:30 P.M. a