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HomeMy WebLinkAboutPlanning Commission Minutes 07-13-1994CITY OF PLYMOUTH PLANNING COWvHSSION MINUTES JULY 13, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman MikeStulberg. AMMERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson arrived at 7:05), Jack Hill, Virginia Black, Linda Oja and Allen Ribbe. MEMBERS ABSENT: Commissioner Ed Albro STAFF PRESENT: Director Anne Hurlbud; City Engineer Dan Faulkner, Planning SupervisorBarbara Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: MOTION by Commissioner Black, seconded by Commissioner Ribbe to approve the June 22, 1994 Planning Commission Minutes. Vote, 4 Ayes. Chairman Stulberg abstained. Motion carried. CONSENT AGENDA: ROGER BENSON (94054) Chairman Stulberg introduced the request by Roger Benson for a Lot Division and Variance for property located at 315 Zinnia Lane North. MOTION by Commissioner Ribbe, seconded by Commissioner Black to recommend approval of the request by Roger Benson for a Lot Division and Variance for property located at 315 Zhmia Lane North, subject to all: conditions listed in the July 5, 1994 staff report. Vote. 5 Ayes. Motion carried, BRETT AND CINDY'HANSON (94048) Chairman Stulberg introduced the request by Brett and Cindy Hanson for a PUD Preliminary Plan Amendment and Conditional Use Permit for a lap pool and 3 -season porch at 11400 50th Place North. 6 Punning Commission N inules July 13, 1994 Page 120 Associate Planned Keho reviewed the July 6, 1994 staff report, Commissioner Hill ask if the pool was included in the 2I percent lot coverage. Associate Planner Keho state that a pool is considered a structure. Chairman Stulberg introduced Mr. Craig Issacson representing the petitioner. Mr. Issacson stated thkit the request was for a 4, -season porch which would be constructed on the existing deck. He stated that the petitioner wanted the pool and porch considered as separate entities. FIa said that the petitioner assumed that the builder of the; existing deck followed the Plymouth policy and they did not go out of their way to circumvent the code. He asked if it was possible that the existing structure and the proposed 4 -season porch were calculated twice to determine the lot coverage. He said the applicant would be willing to amend the request so that the pool would fail into the 20 percent lot coverage required by the code since it was close to meeting the intent of the regulations. He asked if there were any negative comments submitted by neighbors. Commissioner Black asked how close the fence would be to the street. Associate Planner Keho stated that the ordinance only permits a 3 -foot high fence in the front yard and a pool requires a higher fence, Commissioner Black stated that she thought a 6 -foot fence was required around a pool and she was concerned with the impact such a fence would have on this high traffic area, Mr. Issacson stated that the petitioners would be willing to amend their request for the pool. Commissioner Oja asked where else the pool could be placed on the site, Mr. Issacson stated that the location Would not change but they could reduce the sirs of the pool, Chairman Stulberg asked if tile size of the porch was calculated twice in the lot coverage figure. Associate Planner Keho responded that it was not, However he stated that the location of the pool was the prime consideration not the lot coverage. Planning Commission Minutes July 13, 1994 Page 121 Director Hurlburt stated that the Commission could approve a portion of the request and deny part of it if they chose. Commissioner Oja asked if the 4 -season porch would meet the backyard setbacks., Associate Planner Keho stated they would need a PUD Amendment. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the subject. Commissioner Hill stated that a berm with a 3 -foot fence would handle screening but would require a lot of fill. Associate Planner Keho;stated that there is also a 10 -foot easement along the east side of the site. Commissioner Hill stated that this location would inquire a wall and questioned whether an 111 -foot pool would even fit in this location. Associate Planner Keho replied that a pool could probably be designed to fit. Commissioner Black stated that the pool could be placed in either of two locations on the site. Dor. Issacson stated that fill would have to be brought in but the design of the pool would stay within the property boundaries. He said the 18 -foot size could be pared back to 12 feet. Chairman 5tulberg asked how far the proposed 4 -season porch would be from the property line, and how big a variance would be needed, Mr. Issacson said that a 14 -foot variance was needed but that the porch would not project any further than the existing deck, , Commissioner Ribbe asked if they Would reduce the length of the poor to allow visibility at the corner, City Engineer Faulknerstated that the pool would have to meet the site triangle visibility requirements, Director Hurburt asked if the site triangle was measured from curb or the right-of-way. City Engineer Faulkner nisponded that it is measured from the right -of -Way, Planning Commission Nnutes July 13, 1994 Page 122 Mr. Issacson stated that pool companies will not design a pool until the plan is approved. MOTION by Chapman Stulberg, seconded by Commissioner Black to recommend denial of the request by Brett and Cindy Hanson for a PUD Preliminary Plan Amendment and Conditional Use. Permit for a lap pool and 4 -season porch at 11400 50th Place North, based on the findings that the request does not meet Conditions 2, 3 and 6 of the Conditional Use Permit standards, Roll Call Vote. 5 Ayes, Commissioner Hill voted Nay. Motion carried on a 5-1 vote. DAM-STROM, PETERSON, EIDEN PARTNERSHIP (94049) Chairman Stulberg introduced the request by Dahlstrom, Peterson, Eiden Partnership for a Preliminary Plat, Rezoning, Variance and Site Plan for the Courtyards of Plymouth Oaks located at the north side of County Road 9 east of Fernbrook Lane. Associate Planner Keho reviewed the July 5, 1994 staff report, Commissioner Blackasked where the present driveway was and the location of where the driveway was being moved. Associate Planner Keho described the locations which are for the existing home on the site. Commissioner Black asked how far the new driveway would be from the wetland. Associate Planner Keho responded that it would be about 10 feet. Commissioner Oja asked if the cul-de-sac would eventually be removed and a city street put in. Associate Planner Keho stated there were no plans at the present time to do this. City Engineer Faulkner stated that original plan was to replace the cul-de-sac with a public street, but this has been changed, Chairman Stulberg introduced Mr, Steve Johnson, representing the petitioner, Mr. Johnson stated that he had reviewed staff report and all conditions are acceptable. Chairman Stulberg asked how far the driveway would be from the wetland, Planning Commission Minutes July 13, 1994 Page 123 Mr. Johnson that it would be 10 to 15 feet and there is a fairly steep slope. Commissioner Oja asked where the 6 -foot fence would be placed along the south side. Mr. Johnson stated that it was their intent to have thefence as high as possible by placing it on top of the berm. He said it would be constructed of the same material as that along Fernbrook Line. Commissioner Oja asked if they had considered using something other than a fence. She said she thought fencing on berms was unsightly and it would be better to have evergreen trees which would provide a pleasing view. Mr. Johnson stated that plantings could be considered but evergreens take a long time to grow. He said he could work this out to provide screening if required. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced Mr, Robert Cronberg of 14114 Rockford Road, Mr. Cronberg stated that his adjoining property has not yet been purchased by the developer and is contingent on the outcome of this hearing. He said that the new driveway to the north would be good, and that the neighborhood needs to be upgraded and he is in favor of this development. He said he felt this area would be isolated and undevelopable if this request was not approved. Chairman Stulberg closed the Public Hearing. MOTION by Commissioner Hill, seconded by Commissioner Stimson, to recommend approval of the request by Dahlstrom, Peterson, Eiden Partnership for a Preliminary Plat, Rezoning, Variance and Site Plan for the Courtyards of Plymouth Oaks located at. the north side of County Road 9 east of Pettnbrook lane, subject to the conditions listed in the July 5, 1994 staff report, MOITON to Amend by Commissioner Oja, seconded by Chairman Stulberg to require that the south side of the sit; be screened with landscaping including evergreens to provide 100 percent opacity in lieu of fencing, Commissioner Stimson stated she was opposed to the motion. Site said she could not imagine anyone living in this proposed development wanting to look at the traffic along County Road 9 through the trees, Commissioner Ribbe stated that he agreed with Commissioner Stimson, He said that the landscaping/tree planting would have to be very specific and would be difficult to enforce, whereas a fence is very specific, 0 Planning Ccnanission Minutes July 13, 1994 Page 124 Roll Call Vote on Motion to Amend. 3 Ayes, Commissioners Stimson, Black and Ribbe voted Nay. The motion failed on tie vote. Commissioner Ribbe asked if the Commission could specify the types of trees used. Director Hurlburt responded that we have standards which the developer would have to comply with. Chairman Stulberg recognized Mr. Chuck Dilletud, a representative of the developer. Mr. Dillerud stated that the City Landscape ordinance will be met for the landscaping but the fence does need to be built. He said the trees will be placed along the fence but it is important to keep the fence. MOTION to Amend by Commissioner Aja, seconded by Commissioner Black to require that additional trees be planted along the fence and that the developer submit the landscape plan prior to final approval. Commissioner Filack stated that additional plantings would insure that if the fence deteriorated,thp,) landscaping would provide a screen. Roll Call Vote on Motion to Amend. 4 Ayes, Commissioner Stimson and Chairman Stulberg voted Nay. Chairman Stulberg stated his Nay vote indicate that the Landscape Plan in,force already requires the appropriate amount ofplantings needed. Roll Call Vote on Main Motion. 6 Ayes. Motion carried on a unanimous Foie ABINGDON DEVELOPMENT CORPORATION (94050) Chairman Stulberg introduced the request by Abingdon Development Corporation for Rezoning, PUD Concept Plan, PUD Preliminary Plan/Plat and Conditional'Use Permit at 4005 Highway 101. Associate Planner Keho reviewed the July 6, 1994 staff report. Commissioner Qja questioned the 75 percent lot coverage, and asked what was nonoral. Associate Planner Keho explained that on a normal lot coverage cannot exceed 20 percent, however, for twinhories it is normal to cover most of lot leaving only enough room for a deck. The common open space makes up for the land not covered, a Planning Commission Minutes. July 13, 1994 Page 125 Chairman Stulberg introduced Mr. Greg Frankrepresenting the petitioner. Mr. Frank stated that the developer did submit information to the neighborhood. He said there will be a Homeowners Association which will own the open space and be responsible for the maintenance. He said that the lot coverage would be less than 20 percent if the site were platted normally. He said that they are in the process of preparing a submittal for the outlot, which will be Block 17 and 18. He said they were opposed to one item in the engineering report concemdng:a temporary cal de sac which would be stubbed to the street (item 7.5Ih. He said that they will stub the street but do not feel they should bear the expense to obtain the additional right-of-way and easements for the secondary access. Commissioner Black stated that she was in favor of changing the setbacks for Lots 6, 7, 8, and'9 to place the homes further away from the wetland. Mr. Frank stated that this would be acceptable to the developer, Chairman Stulberg opened the Public Hearing, Chairman Stulberg introduced Mr. Len Busch of 4045 Highway 101. Mr. Busch stated that the street extension discussed would not be extended until he sells his property and this will not happen for some time. He said that a street should be done to tie in, with Lots 17 and 18 and there should be some plan for this street. He said he was not happy with the present street plan. Chairman Stulberg introduced Mr. John Hughes of 4025 High 101 W. Mr, Hughes stated he would like to know what plans the City has for sewer and water in this area. Chairman Stulberg introduced Mn Ivan Frost of 3950 Highway 101. Mr. Frost stated that he has an agreement with the developer whereas the developer Will plant some trees along his property line to obstruct the view of this proposed development. Chairman Stulberg closed the Public Hearing, City Engineer Faulkner stated that sewer and water will be extended to this site along Medina Road and Highway 101, Mr. Frank stated that the sewer line will go along the cast side of Highway 101. 0 Planning Commission Names July 13, 1994 - Page 126 City Engineer Faulkner stated that the City could look at alternatives for access to the Busch site. Mr. Frank stated that the alternative would infringe on filling wetland and they have warted to avoid the wetlands. Commissioner Oja stated, that it appeared as if Lots 8 and 14 encroach into the wetlands. Mr. Frank responded that the plans show the lot size and do not show the placement of the home of the lots. He said the homes will meet the required setbacks. Commissioner Black asked staff to review the location of the temporary cul-dc-sill— City Engineer Faulkner stated that there must be an extension into the Busch property, but tine exact location has not been specified. Chairman Stulberg stated that the City is only looking for a temporary emergency access, MOTION by Commissioner Stimson, seconded by Commissioner Black to recommend approval of the request by Abingdon Development Corporation for Rezoning, PUD Concept Plan, PUD Preliminary Plan/Plat and Conditional Use Permit at 4005 Highway 101, subject to all conditions listed in the July 6, 1994 staff report. MOTION to Amend by Commissioner Black, seconded by Commissioner Hill to recommend that the setbacks for lots 6, 7, 8, a id 9 be changed to 20 -foot rear yard setback, and 25 -foot front yard setback in Condition No. 11. Commissioner Stimson asked if there would be any traffic concerns with the 25 -foot front yard setback. Director Hurlburt stated that the reduced setbacks have been done before for the purpose of preserving the wetlands and it would not create any traffic concerns. Poll Call Vote on Motion to Amend h Ayes, Motion carried on a unanimousvote. Roll Call Vote on Main Motion as once Amended. 6 Ayes. Motion carried on a unanimous vote. Chairman 5tulberg called a recess at 8:20 p.m.; the meeting reconvened at 8:30 p.m. 0 Planning Commissiami Minutes July 13, 1994 Page 127 JANCO, INC. (9405 7) Chairman Stulberg introduced themquest by Janco, Inc. for a Land Use Guide Plan Amendment, Rezoning, PUD Concept Plan, PUT Preliminary Plan/Plat and Conditional Use Permit for property located northwest of the intersection of Old Rockford Road and Balsam Lane. Associate Planner Keho reviewed the July 6, 1994 staff report. Chairman Stulberg asked for an explanation of the 6 -foot and 9 -foot side yard setback. Associate Planner Keho explained that the garage would be six -feet from the property line thus there would be 12 feet between garages; on the house to garage side there would be 15 feet, Commissioner Hill asked if the property to the south was guided as LA -1. Associate Planner Keho responded that it was LA -1. He said that the reguiding is being requested for the option of smaller lot size:. Commissioner Black asked what would face County Road 9. Associate Planner Keho responded that the back side of the houses would face County Road 9, and fencing is proposed. Chairman Stulberg introduced Mr. Tom Graham representing: the petitioner. Mr. Graham stated that Mr. Mike Gair would discuss the request. Mr. Gair showed the current platting in the area. He said that the ball fields east of Forsters Meat Market will be in the backyards of homes. He said that the. design of this development had to consider the ball fields, the church and the water treatment plant. He said that LA -1 guiding would be an anomaly considering the other development in the area. He said the wefand on the norther edge is small and was a part of another development and has aheady been altered. He said they are requesting a 20 -foot buffer for Lot 2 as it is beyond the 50 -foot setback and a 25 -foot setback. Commissioner Bl-,ck asked if the fence would go around the wetland. Mr. Gair said the fencing will extend along the lots on the east, and that there are willow trees which will buffer the portion to the west. Planning.Comniissian Mantes July 13, .1994 Page 128 Commissioner Ribbe stated that if the Forster meat market stays in business for 7 more years, there should be some provision to screen the new lots from this business. Mr. Graham stated they have an agreement with Foresters that within 7 years they will have to sell regardless. He said they will run the fence down the north/south line across to the west, with spruce trees plantedon the inside of the fence. He said this requirement of the developer will be inclat,+ in the covenants. Commissioner Ribbe'stated that there should be a condition added to the resolution regarding, staff approval of the screening. ' Chairman Stulberg opened the Public Hearing. Chairman Stulberg read'a letter from Fredrick and Janis Mades of 4240 Evergreen Lane to be entered into the record stating that they were opposed to anything but single family homes on the site. Chairman Stulberg introduced Mr. Philip Rustad of 4205 Evergreen Jane. Mr. Rustad stated that he wanted adequate protection of the wetlands. He. said that traffic at Zachary Lane and Rock -ford R,,Rd was heavy and he wanted a stop sign at that location. Chairman Stulberg introduced I&. Wayne Peterson of 4225 Cottonwood Jane. Mr. Peterson stated that he was concerned with the additional access points onto County Road 9. He said there is a lot of pedestrian and bicycle traffic in this area and 4 access points from this site onto County Road 9, plus the fire station and semi -trucks will create additional traffic hazards. He said he would prefer only access points. He asked what the average lot size was south of County Road 9 and in Mission Hills as compared to this plan. Chairman Sgdberg introduced Mr. Dan Untiedt of 4235 Cottonwood Lane, Mr. Untiedt stated he was concern with the Forsters meat market and the truck traffic to the business down residential streets. He said the density of the plan was a concern. Chairman Stulberg introduced Mr. Steve Johnson of 4245 Cottonwood Jane. Mr. Johnson stated his concern is the density issue plus the other concerns already stated by the neighbors. He said this PUD doesn't seem to be putting anything back. He said his other concerns are that the two-story houses are close together and the access points. He said he thought the Forster development had larger lots. He said he did not understand bonus points. i Planning Commission Minutes July 13, 1994 Page 129 Chairman Stulberg introduced Mr. Ron Furlong of 11420 42nd Avenue North Mr. Furlong stated he was concernedwith the density. He asked if the homes wouldhave3 -car garages. He asked if the amount of traffic that would be generated wastakenintoconsideration, as well as the school district Population. He suggested thatthestreetatthewatertreatmentplantbeusedasanaccesspoint. Chairman Stulberg introduced Mr. Bob Carlson of 4215 Cottonwood Lane. Mr. Carlson stated his concern was the runoff into the Welland initis back yard. He said the water flows from the culvert across to his pond into the wetland. He also was concerned with the 7 -year option regarding Forgers meat market. Chairman Stulberg closed the Public Hearing. City Engineer Faulkner stated that there will be no fill in the wetland. Duringconstructionasiltfencewillbeerected, ?1e sai&,the drainage would flow under County Road 9 and a new pond will be constructed to meet all requirements so there should not be runoff affecting areas downstream. The new pond will not be a detentionpond. He explained drainage flow into treatment ponds. City Engineer Faulkner stated that a if xen needs to write a letter to the City when theyarerequestinganewstoplight. He said there should be no problems with the 4 access points onto Old County Road 9 as. tins is considered a local street, not even a minorcollectorandonlyservestheneighborhood. Mr. Gair discussed the density of the site; the site to the south is 2 units per acre and with the large wetland included is 2.5 units per acre; the Mission Hills site is 2.0 units per acre and when including the wetland, 2.4 units per acre. He said this proposal is very comparable with the development to the south. He said the Eaglewood Additionhas2.1 units per acre and with the wetland included it is 2.5 units per acre; the area totheeastis2.45 lots per acre, He said this proposal will accommodate 3 -stall garages. Associate Planner Keho stated that in Forsters original development the smallest lot was10,800 square feet. He explained how lot sizes are calculated. He said that the parktrailplandoesnotincludeextensionfromCountyRoad9. Chairman Stulberg explained the PUD attributes. Mr. Graham stated there are 55 lots proposed on this plan with a total of 72 lots anticipated for the entire future development. He said that if he were not to pick up theoptiononForstersmeatmarket, whoever develops the site will purchase the optionwiththeland. 0 Planning Commission Nnutes July 13,1994 Page 130 i City Engineer Faulkner stated that the road to the water works is a drive way and cannot be used as a public road. Commissioner Black asked why no paths are planned along Old County Road 9. Director Hurlburt stated that Old County Road 9 is a local street and will not carryingtheleveloftrafficneededforatrail, _ Mr. Graham stated that Old Rockford Road is currently 24 feet wide they will be adding 9 feet to the road surface. Commissioner Oja asked if this was spot zoning since other surrounding land is guided as LA -1. She asked what the average lot size was for LA -1 and LA -2 guiding. Associate Planner Keho responded that the lot size for LA -1 is 18;500 square feet without PUD, and 15,000 square feet for LA -2 without a PUD. Commissioner Oja asked what streets the semi -trucks would use to access Forsters meat market. City Engineer Faulkner responded they will use Deerwood Lane or Greenwood Ione. He said the trucks are not prohibited from using residential streets, Commissioner Oja stated that there is quite a drop along County Road 9 and the homeowners would be able to see over the fence to Foresters. Mr, Graham stated that they will add trees along with the fence so that over time the trees will gain in height to be 10 to 12 feet, planted 15 feet on center, and eventually they will screen. Director Hurlburt asked if the fence could be eliminated, i Mr. Grahamstatedthat it could be but a fence gives a sense of privacy: i Commissioner Oja stated that it seems the homes will just look out over the fence, Mr. Gair responded that the fence will serve the purpose for the walk out area of the homes. Commissioner Ribbe asked how many houses would be allowed under the LA I guiding versus the proposed 55 houses in this plan, i a PlaneinSCommission Minutes July 13 1994 - Page 131 i I' Associated Planner Kcho responded that under LA -1 guiding approximately 40 unitswouldbeallowed. i MO17ON'by Commissioner Stimson, seconded by Commissioner Ribbe to recommendapprovaloftherequestbyJanco, Inc. for a Land Use Guide Plan Amendment forForsterPreserve2ndAddition, subject to conditions listed in the July 6, 1994 staffreport. Roll Cap Vote 5 Ayes. Commissioner Oia voted Nay. Motion carried on a 5-1 vote. f MOTION by Commissioner Stimson, seconded by Commissioner Black to recommendapprovaloftheOrdinancetoRezoneForsterPreserve2ndAdditionfromFRDtoR-2. Roll Call Vote 5 Ayes. Commissioner Oja voted Nay. Motion carried on a 5-1 vole. MOTTON by Commissioner Stimson, seconded by Commissioner Ribbe to recommendapprovaloftherequestbyJanco, Inc. for a PUD Concept, PUD Preliminary plan/PlatandConditionalUsePermitforForsterPreserve2ndAdditionlocatednorthwestoftheIntersectionofOldRockfordRoadandBalsamLane, subject to all conditions listed intheJuly6, 1994 staff report. MOTION to Amend by Commissioner Mbbe, seconded by Commissioner Black to addlanguagetoConditionNo. I I that the developer be required to include an explanationOfthetypeofactivityWhichtakesplaceatForstersintheHomeownerAssociationdocuments. Roll Call Vote 6 Ayes. Motion carried on a unanimous vote. MOTION to Amend by Commissioner Ribbe, seconded by Commissioner Hill to add aconditionthatthedeveloperinstallfencingalongthesouthandeastportionofthesite. Roll Call Vote 6 Ayes Motion carried on;a unanimous vote. MOTION to Amend by Commissioner Stimson, seconded by Commissioner Hill torecommendapprovalofa25 -foot setback on Lot 2. Commissioner Ribbestated that this wetland isnot attractive and he agrees with themotion. ROU Call Vote on Motion to Amend, 4 Ayes, Commissioner Black and ChairmanStulbergvotedNay, Motion carried on a 4 to.2 vote: Roll Call Vote on Main Motion. 6 Ayes. Motion carried on a unanimous vote. a Planning Commission Minute. July 13, 1994 Page 132- I ABINGDON DEVELOPMENT CORPORATION (94063) Chairman Stulberg introduced the request by Abingdon Development Corporation for aPreliminaryPlatandVarianceforpropertylocatedat1733019thAvenueNorth. Associate Planner Keho reviewed thu July 6, 1994 staff report. He stated that a new condition should be added stating that the development must comply with theDepartmentofNaturalResourcesletterreceivedbyCity, dated June 29, 1994, regarding setbacks. Chairman Stulberg read the letter from the DNR dated June 29, 1994. Commissioner Hill asked if it is a safety issue to route emergency access vehicles downawalkingtrail, i Planning Supervisor Senness stated this access would only be used if other streets wereblocked. Commissioner Hill asked if the emergency access would impact the area to the south. Associate Planner Keho stated that the current trail is 8 feet wide and would beupgradedto20feet. Director Hurlburt stated that it would be up to City as to whether it would be widened. Associate Planner Keho stated that they would not need additional property but wouldworkwithwhatwehave. Chairman Stulberg introduced Mr. Greg Frank, representing the petitioner. Mr. Frank stated that the request is for conventional lots, and the variance is based on a hardship resulting from past platting around the property. He said the developer agrees with the conditions in the staff report with one exception. He said that Outlot A has two property owners and they would like to retain it as two outiots to honor existingpropertyownership. Commissioner Oja asked if the location of existing Inland Lane North will remain orwillitbemoved. Mr. Frank responded that it will be moved to match the existing road pulled in to Lot3. Commissioner Oja asked if the existing vegetation will be preserved 0 Planning Commission Minutes July 13, 1994 Page 133 Mr. Frank responded that it would be preserved. Chairman, Stulberg opened the Public Hearing. Chairman Stulberg introduced Mr. Del Case of 17215 23rd Avenue Worth. Mr. Case stated he doesn't feel the developer will be able to be consistent with the proposed plan. He asked why a Variance should be allowed for the extra length of the cul-de-sac. He said he wanted to preserve as many trees and as much vegetation as possible. He said the emergency access does not seem practical and will disturb the vegetation. He asked how much excavation will take place, where will water, sewer, TV cable be placed, and will the ron off nun into Kraetz Lake. Chairman Stulberg introduced Mr. Peter Fuller of 17020 19th Avenue North. Mr. Fuller stated that the alignment of road servicing the development will encroach on the shoreline of the lake. He said that if the location of the road were anywhere except along the existing alignment it would impact the runoff. He said that Lots 2 and 3 compromise the lake and Lot 3 would impact much of the vegetation. Storni water runoff is a concern and he said the City should pursue an environmental assessment worksheet. He said that the fire access was also a concert and that if the emergency access was provided along 19th Avenue North it would be used and he thought it would be a tight fit. Chairman Stulberg introduced Mr; John Holt of 17300 19th Avenue North, Mr. Holt stated that the bike path is only 6 feet wide and asked what would be involved to upgrade this path. He said that recreational development must be consistent with City Shoreland Management Rules. He said that the edge ofthe road is only 20 feet from Kraetz Lake and according to the Shoreland Land Management rules vegetation must be retained in Shoreland impact zone of 1000 feet. He said that staff should look at the slopes in the area of Lots 3 and 4 and that he did not feel staff had reviewed the environment issues impacted by this proposed development. 11e said that he believed that Lots 1 and 2 are new to the plan from what he was previously shown. He said that the developer is trying to put too many homes on the site. He said that a house could not fit on Lot 2 after all the setbacks were met, and the lot sizes are not consistent with other homes in the area, Chairman Stulberg introduced Ms. Joy Miller of 17100 19th Avenue North. Ms. Miller stated that she concurs with the concerns regarding the road discussed by the previous citizens and the preservation of the wetlands, She said that the elevation of Lot 9 is 12 feet above her property and she is concerned with her loss of privacy. Planning Commission Minutes July 13,:1994. Page 134 She said she has a raspberry patch next to the bike path and she is concerned that it will be lost of this is used for an emergency access. Chairman Stulberg introduced Ms. Susan Rohlf of 17335 23rd Avenue North. Ms. Rohlf stated that the existing road curves into proposed Lot 3 which makes it seem undevelopable. She said she is in favor of keeping the existing road and preserving the vegetation. She said staff needs to look at the environmental issues, and eliminate some of the lots such as Lots 1, 2 and 3. Chairman Stulberg closed the Public Hearing, Chairman Stulberg stated that it is the Planning Commission's responsibility to uphold the regulations of the Zoning Ordinance. He said that this proposal is for a conventional plat and that the lot sizes meet the ordinance requirements of 18;500' square feet. Associaul Planner Keho explained that the approval for the Variance was recommended because of the difficulty of developing the site without using a private street which the City does not want to do. He said it is the responsibility of the City afford a property owner access to their site. Chairman Stulberg stated that we have a tree preservation policy which works to save trees. Director Hurlburt stated that Shoreland Ordinance also provides extra protection for cleareutt ng. Mr. Frank stated that they plan to preserve the shoreland on east side of Kmetz Lake. He explained the grades along the street and the drainage flow. He said there will be a treatment pond for runoff before it goes into the lake.. He said they also want to preserve the wooded areas in the back yards. Mr, Frank explained the sewer plan which would follow the street alignment through the sites and staled that all utilities would be underground. Director Hurlburt discussed what items would trigger an Environment Assessment Worksheet, none of which apply to this site, She s3ld sheds not aware of any Items that would warrant this, mainly because of the small size of this site, Mr. Frank stated that the developer does have to comply with the regulations of the Department of Natural Resources, the Arany Corps of Engineers and the Pollution Control Agency, a Planning Commission Nantes: July 13, 1994 Page 135 Associate Planner Keho discussed the proposed emergency access between two lots to the trail. Planning Supervisory Senness stated that this emergency access could be constructed with a grass paver system instead of asphalt. Chairman Stulberg asked if anyone knew how often an emergency access would be used. Staff did not know. Associate Planner Keho stated that in the Shoreland impact zone is an area of 371/2 feet in which vegetation will be retained in its natural state. Director Hurlburt stated that the existing road cannot be moved any closer than 37 1/2 feett from the lake. Mr. Frank stated that the developer will provide a berm and vegetation on Lot 9 to provide privacy to Ms. Miller's property. Director Hurlburt stated that after grading the slope would be reduced from 12: feet to 6 feet between the two; lots. Chairman Stulberg stated that it would be up to the property owner'sto install the trees. He said that easements require 20 feet so the raspberry patch should be okay if it is not in the easement. Associate Planner Keho stated that the City owns a 20 -foot outot Associate Planner Keho explained that his idea of the road realignment in the staff report was based on the idea that Lot 3 would be lost with the road alignment moved to the east. Mr. Frank stated that if they have to comply with the western alignment he would take exception to the plan if they would lose Lot 3. He said he believed that the DNR would allow them to build to the roadway, Commissioner Hill stated that he thought the intent of moving the road was to preserve the trees, He asked if moving the road east would preserve more of the trees. Associate Planner Keho stated that five trees that meet the City's preservation standard for size would be lost, i i a Planning Commission Minutes July 13, 1994 Page 136 Mr. Frank stated that the trees would be preserved if the mad were moved to the blue mad. Commissioner Black asked if the trees were saved would undergrowth be saved also. Mr. Frank stated that the homeowners would probably remove the undergrowth if the developer does not grade. Commissioner Oja asked if the homes would have lake access. Mr: Frank stated that only one lot on north side of road will have lake access. He said that the 37 1/2 -foot setback with the existing vegetation will screen the development from the lake. MOTION by Chairman Stolberg, seconded by Commissioner Stimson to recommend approval of the request by Abingdon Development Corporation for a Preliminary Plat and Variance for property located at 17330 19th Avenue North, subject to all conditions listed in the July 6, 1994 staff report. Commission Black stated that she was against the cul-de-sac variance and that if the 500 -foot limit is not appropriate the Zoning Ordinance should be amended. MOTION to Amend by Commissioner Hill, seconded by Commissioner Stimson to recommend that Condition No. 11 be amended to move the street to the westerly location to protect the trees. Commissioner Stimson asked if any extra trees would be saved by this alignment. Associate Planner Keho stated that some undergrowth would be lost by this alignment. Roll Call Vote. 5 Nays. Commissioner Hill voted Aye. Motion failed on a 5 to 1 vote. MOTION to Amend by Commissioner Black to recommend shortening the col. de -sac to 500 feet. Motion died for lack of a second. Roll Cali Vole on Main Motion. 5 Ayes, Commissioner Black voted Nay. Motion Carried on a 5-1 vote. a Planning Commission Minutes July 13, 1994 Page 137 JOHN DOOM ENTERPRISES (94068) Chapman Stulberg introduced the request by John Doom Enterprises for a Conditional Use Permit for the operation of an automobile dealership in'the. Industrial District. Planning Supervisor Senness stated that the petitioner could not attend toc:ght's meeting. Chairman Stulberg opened the Public Hearing. MOTION by Chairman Stulberg, seconded by Commissioner Black to continue the Public Hearing to the July 27, 1994 Planning Commission meeting. Vote. 6 Ayes. Motion carried. R.L. JOHNSON COMPANY (94077) Chairman Stulberg introduced the request by R.L. Johnson Company for a Conditional Use Permit to allow Hennepin County Intermediate School District 287 to operate Hennepin Technical College at this site at 1695 Highway 169. Chairman Stulberg introduced Mr. Charles Youngquist representing the petitioner. Mr. Youngquist stated that he was in agreement with July 5, 1994 staff report and conditions. Chairman Stulberg opened and closed the Public Hearing avid there was no one present to speak on the request. ; Chairman Stulberg stated that he found it hard to believe that 70 percent of the students would be brought to the site by buss since they would be of legal driving age. Ms. Gayle Leverentz, representing the petitioner, stated that most of the students attending these classes do not have a drivers license and the purpose of the classes is to encourage this type of learning. M0110N by Commissioner Stimson, seconded by Commissioner Black to recommend approval of the request by R.L. Johnson for a Conditional Use Permit to allow Hennepin County Intermediate School District 287 to operate Hennepin Technical College at this site at 1695 Highway 169. Roll Call Vote, 6 Ayes. Motion carried on a unanimous vote, 0 o " Planning.Commissiou Minutes July 13, 1994 Page 139 MOTION by Commissioner Hill, seconded by Commissioner Black to adjourn. The meeting adjourned at 11:30 p.m. II i i