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HomeMy WebLinkAboutPlanning Commission Minutes 06-03-2015Approved Minutes City of Plymouth Planning Commission Meeting June 3, 2015 MEMBERS PRESENT: Chair James Davis, Commissioners Jim Kovach, Julie Witt, Donovan Saba, Bryan Oakley, Gary Goldetsky MEMBERS ABSENT: Commissioner Marc Anderson STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill 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 Saba, to approve the June 3, 2015 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MAY 20, 2015 PLANNING COMMISSION MEETING MINUTES Commissioner Kovach noted that the fifth paragraph on page 6 should be deleted as he did not make the statement shown. B. ERIK MAHIN (2015029) Approve a variance to side yard setback to allow a garage and home addition for property located at 306 Pineview Lane. C. SKYLINE DESIGN, INC. (2015038) Approve a variance for impervious surface coverage for property located at 1165 Black Oaks Lane. MOTION by Commissioner Goldetsky, seconded by Commissioner Kovach, to approve the consent agenda with a minor amendment to the May 20, 2015 minutes. Vote. 6 Ayes. MOTION approved. Approved Planning Commission Minutes June 3, 2015 Page 2 6.PUBLIC HEARINGS A.KENNETH (JIM) AND CORINNE GUDDAL. (2015032) Chair Davis introduced the request by Kenneth (Jim) and Corinne Guddal for a preliminary plat for A vonlea Place for property located at 4465 Vicksburg Lane. Senior Planner Drill gave an overview of the staff report. Chair Davis introduced Jim Guddal, 4465 Vicksburg Lane, who stated that he has lived at the address for the past 42 years and he and his wife have enjoyed watching the city develop and grow throughout the years. He stated that the large lot is too much for them and they would like to move on making the best of what they have. Commissioner Goldetsky referenced the house that may/will be repositioned and asked for additional information. Mr. Guddal stated that their objective is to sell the entire project to a builder, who would then coordinate the project. He said he did not know if the builder would choose to retain the home or remove the home and build new. He noted that the trend seems to be to tear down the older home and build a new home on the lot. He was not sure what would happen if he cannot find an interested builder. Chair Davis opened the public hearing. Chair Davis introduced Bob Swanson, 3700 Alvarado Lane, who stated that he is the civil engineer from Anderson Engineering who is working with the applicant and is available to answer any questions. Joyce Sealine, 4485 Weston Lane, stated that the front of her home currently faces a wooded area and if this request is approved, her home will face a driveway and a home. She noted that where one home currently resides on a wooded area, three homes will be on a cul-de-sac. She stated that she purchased her home for $500,000 one month ago and was not thrilled to see that this area is proposed for development. She did not like the idea that there will be more properties than what is typical to that neighborhood and stated that perhaps two homes could fit on that lot but three homes would be too many. She referenced the reconstruction of Vicksburg Lane and requested that the design look at providing access at Vicksburg rather than at Weston and 45th A venue. She stated she did not think the homes should have access to the neighborhood as the homes are part of an association and pay dues with specific standards for building and tree care. She stated that if the cul-de-sac accessed Vicksburg she would not have any right to object to what is built. She recognized the right for a homeowner to make changes to their lot and property but also believed that they should consider the existing neighborhood, the people that invested and built there with the understanding that there was a certain standard. Approved Planning Commission Minutes June 3, 2015 Page 3 Richard Hannah, 1600 S. 45th Avenue, stated that the entire area is the Fawn Creek Development with the exception of the property in discussion tonight. He stated that the association began in 1993 and he and his wife purchased their home in 1995 and have made a large investment in the landscaping of their property. He stated that through the association there are restrictive covenants and by-laws, annual dues, and the residents maintain the common areas and items such as signs and fencing. He stated that this property currently exits onto Vicksburg and believed that the new homes should also exit onto Vicksburg. He objected to the plan as presently drawn. He stated that while this is private property, the property is part of the town and therefore the plans should meet the standards for development. He questioned if an emergency vehicle, such as a fire truck, would even be able to tum around in the cul-de-sac as proposed. He reviewed some of the building standards included in the restrictive covenants, noting that the builder has not contacted the association and does not believe the plans include these homes joining the association. He strenuously objected to the plans as proposed. Dustin Macgregor, 1600 S. 45th Avenue, stated that she objects to the proposal as a mom and member of the neighborhood. She displayed the book containing the restrictive covenants, noting that when you commit to an association such as this, you do give up some of your rights in order to create a small community. She stated that a representative is elected to represent the homes in the neighborhood of 35 homes and stated that she knows each member of the neighborhood. She stated that this association creates a community within a community and provides a method in which to resolve differences on an annual basis. She stated that she would welcome the property into the association if they were willing to agree to the restrictive covenants. She stated that the trouble is that this is a property that accesses Vicksburg and through the reconstruction of Vicksburg some of those access points are being removed. She suggested that the reconstruction include access to these proposed homes rather than push additional traffic through the neighborhood of 35 homes. Chair Davis closed the public hearing. Senior Planner Drill responded to the comments regarding the lot sizes and provided the proposed lot dimensions, noting that the lots conform to the standards of the zoning district. Planning Manager Thomson stated that Vicksburg is an arterial roadway and the intent would be to eliminate as many individual access points as possible, providing access at street locations, as desired through the comprehensive plan. Senior Planner Drill stated that when the Fawn Creek subdivision was platted in the early 90's, there were outlots transferred to the landowner with the intent and purpose for a street to come in to service the properties when development occurred as Vicksburg is a higher order street and the subdivision regulations direct access in that case to the local street. He noted that three sewer and water services were also stubbed into the property, with the knowledge that three lots could fit within that development site. Planning Manager Thomson stated that home value is not something regulated by the zoning ordinance but stated that given the cost of the land in Plymouth, the homes would most likely be of equal or greater value to those in the area today. She referenced the comments regarding the Approved Planning Commission Minutes June 3, 2015 Page 4 properties joining the homeowners association and stated that is not something the city can compel. She stated that if the property owner wishes to work with the neighborhood, that would be their choice but the city could not regulate that. Senior Planner Drill responded to the question regarding emergency vehicle access and stated that this would be a standard size cul-de-sac, noting that the police and fire departments have both agreed that this cul-de-sac would be of adequate size. Commissioner Witt questioned what would occur in a situation like this where there is an association and a home that does not belong when street improvements would be needed for a street like 45th A venue. Senior Planner Drill responded that typically assessments are only given to benefiting properties and it would be possible that this property would not have been assessed in the past. He stated that when the connection would be made, the properties would be assessed for any future improvements to the roadway. Commissioner Witt questioned if the homeowner had given any thought to the new homes being a part of the association or whether that decision would be deferred to the new owners. Mr. Guddal stated that he appreciated the comments from the members of the association. He stated that the person who previously owned his home also owned the larger 20 acre parcel that became Fawn Creek and moved from his house to the larger home built further back in the woods. He stated that when that person chose to subdivide, he and his wife were not left with many options and were never invited to be a part of the association. He stated that the development regulations in 1992 would have prevented him from platting his property without losing the Vicksburg access and creating a 250 foot driveway to 45th and Weston. He stated that through the Fawn Creek development process, the developer gave him outlots A and B in order to provide the necessary access in the future. He stated that over the years he and his wife have not have many choices as to whether or not they could be a part of the association or even where their driveway could be and they have accepted those rules. He believed that his plat meets the requirements and stated that he would even be unsure that the new homeowners would be invited to join the association. He stated that he has never even had someone from Fawn Creek come over to say hello in the 20 years the development has been there. He stated that he could not predict the future, and if the association made an offer to join, perhaps those homeowners would be interested. Commissioner Goldetsky asked why the current property owner was never asked to join the association. Mr. Hannah responded that was before his time and that decision would or would not have been offered by the original builders. He stated that as the property currently sits, it faces Vicksburg north of the development, and the homeowners in Fawn Creek do not see the home, only the backyard. ApprovedPlanning Commission Minutes June 3, 2015 Page 5 Ms. Macgregor stated that the association has minimum size requirements in the covenants and these homes would be two small to fit the minimum requirements. She stated that if two homes were built on the property and fit the covenants, they would be welcome to join but did not believe that as designed the homes would meet the standards of the covenants. Chair Davis agreed that it would be a good idea for the access onto Vicksburg Lane to be eliminated if this property develops. He stated that it is hard enough to get on and off Vicksburg as it is now, let alone when it becomes a four lane roadway. He stated that the lots would meet the code, and therefore he cannot oppose that item. He stated that the homeowners association situation strikes him as odd, understanding that the property would not have been part of the association in the early 90s because it was disconnected. He stated that when this property is developed and will access 45th A venue, the property should be a part of the homeowners association rather than creating an island of isolation. He stated that he does not think it would make sense for this development to occur and not become a part of the homeowners association. Planning Manager Thomson stated that there is nothing the city can do to compel that to happen. Commissioner Oakley agreed that it would seem a little odd but stated that if you step back and look at it from above, this is the way it happens. He noted that there are homeowners associations next to other associations and next to homes that are not a part of an association. He stated that it is not always the case that an association forms a rectangle. He stated that there was no reason to include the existing home in the association when it was formed as it did not fit. He said he believed that there would be reason for the new homes to join the association and encouraged the association to speak with the builder that purchases the property before building occurs as he believes the homes can meet the requirements of the covenants. He stated that he would be supporting the request as there is not a reason to deny it. Commissioner Goldetsky stated that he would also support the application as he did not see a reason to deny the request. He said he also did not see a reason why the builder and association could not work together in the future. MOTION by Commissioner Goldetsky, seconded by Commissioner Oakley, to recommend approval of the request by Kenneth (Jim) and Corinne Guddal for a preliminary plat for Avonlea Place for property located at 4465 Vicksburg Lane. Vote. 5 Ayes, 1 Nay. (Chair Davis voted nay.) MOTION approved. 7.NEW BUSINESS 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:46 P.M.