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HomeMy WebLinkAboutPlanning Commission Minutes 11-20-2013Approved Minutes City of Plymouth Planning Commission Meeting November 20, 2013 MEMBERS PRESENT: Chair Davis, Commissioners Marc Anderson, Gordon Petrash, Nathan Robinson, and Bryan Oakley MEMBERS ABSENT: Commissioners Scott Nelson and Dick Kobussen 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 Anderson, seconded by Commissioner Robinson, to approve the November 20, 2013 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE NOVEMBER 6, 2013 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the November 6, 2013 Planning Commission Meeting Minutes. Vote. 5 Ayes. MOTION approved. B. BALANCED BODYWORK LLC (2013100) MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the request by Balanced Bodywork LLC for a home occupation license for a massage therapy business at 5950 Yucca Lane. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. K. HOVNANIAN (2103095) Chair Davis introduced the request by K. Hovnanian Homes for rezoning and preliminary plat for Brynwood for property located at 5635 Vicksburg Lane N. Approved Planning Commission Minutes November 20, 2013 Page 2 Commissioner Oakley recused himself from this item. Senior Planner Drill gave an overview of the staff report. Commissioner Petrash asked if consideration has been given to the additional impact on traffic and safety with continually approving development. He asked if traffic studies have been done as Vicksburg Lane obviously is not built for the number of cars resulting from these developments. Senior Planner Drill said traffic studies have been done and the city recognizes the need to reconstruct Vicksburg Lane to a four-lane facility which is why it has been moved up in the capital improvement program. Commissioner Petrash stated he would support not having development until the road is improved because of the construction traffic, and increased road traffic, school buses, emergency vehicles, etc. Senior Planner Drill said the Peony Lane/Lawndale connection next year will help relieve traffic. He added there is a lot of activity due the construction occurring right now. Commissioner Petrash asked if traffic would be detoured when construction starts. Senior Engineering Technician Dan Campbell said for a project like this, we would want to keep Vicksburg Lane open. Commissioner Anderson asked if the median on 57th Avenue will be landscaped and if so, who will maintain it. Senior Planner Drill said the homeowner’s association will maintain the landscaped median as well as the pool lot and signage. Commissioner Anderson asked if there is a backup plan if the homeowner’s association does not maintain the pool or would the city be stuck with the maintenance. Senior Planner Drill said if that lot went into tax forfeiture, whoever owned it could build on it as it is a legal lot. Commissioner Anderson asked if there is a left turn lane into the development going north on Vicksburg Lane. Senior Planner Drill said there is not as Vicksburg Lane is a two lane road. He said there is a right turn lane northbound into Wood Crest. Approved Planning Commission Minutes November 20, 2013 Page 3 Commissioner Anderson noted some areas in the wetland buffer are wider than other areas and asked if that is due to averaging. Senior Planner Drill answered affirmatively and said the cumulative average around the wetland is 30 feet and can range between 10 to 50 feet. Chairman Davis introduced the applicant, James Hill, Jr., Director of Land Acquisition. Mr. Hill said he concurs with the staff report and resolutions. Mr. Hill said the development provides for the Northwest Greenway with an additional area to accommodate the future overpass. Mr. Hill reviewed the roadways and noted the bifurcated design to quiet neighborhood traffic. He said the sewer/water connection for the site will occur at Weston Lane, which is currently a temporary cul-de-sac. Mr. Hill said the trees planted by the Begin Family constitute a strong amenity and they will preserve as many as possible for privacy and for current neighbors. Mr. Hill said they are required to remove some trees on the west side for egress, and trees would be spaded to provide nine additional trees on the south portion. Additional amenities include the pool facility, a tree-lined boulevard entry, and a fountain in the southeast pond. Mr. Hill said there is concern about the connection to Weston Lane, and once the sewer is connected there will be a barricade to prevent construction traffic. Commissioner Petrash inquired about the timing for each construction phase. Mr. Hill said grading for the entire site would begin in April and the infrastructure would be completed in six weeks. Sewer and water and access to the site would be set by July or August , and home construction for Phase 1 (30 lots) could begin. He said Phase 2 would be done in 2015 and Phase 3 in 2016. Commissioner Anderson asked the price range of the homes. Mr. Hill said prices on the east side would be mid-$500’s, and the remainder would be upper 500 – mid $600’s. Chair Davis opened the public hearing. Chairman Davis introduced Andy Dahl, 16000 55th Avenue N. Mr. Dahl said he is concerned with opening Weston Lane and asked for consideration to redrawing the plat so the road could be a cul-de-sac on both the Spring Meadows and Brynwood sides. Mr. Dahl said it would be safer for children, provide more privacy for homeowners, and would prevent additional traffic. He said Brynwood would have entrances at Dunkirk and Vicksburg Lane, and pointed out that Wood Crest has only one entrance and exit. Since it is not required, Mr. Dahl asked for the Commission to consider Weston Lane to not go through. Mr. Dahl said two houses use Weston Lane as an access and there has been very limited use for the current temporary cul-de-sac. Mr. Dahl said his neighbor, Paul Nick, voiced concerns to Senior Planner Drill about the tree removal as they provide a natural barrier between the two neighborhoods. Mr. Dahl said if the plans are not redrawn, the houses seem very close and there seems to be potential to keep at least the first row of significant pine trees. Approved Planning Commission Minutes November 20, 2013 Page 4 Chairman Davis introduced Adrian Chiu, 15995 55th Avenue N., who said he concurred with Mr. Dahl and said he is concerned about safety, traffic and privacy. Mr. Chiu said he appreciates the developer trying to slow traffic within the new subdivision and he has seen a lot of traffic coming through Spring Meadows from construction and two new developments in the last two years. Mr. Chiu asked for consideration slowing traffic on Weston Lane by narrowing it, but preferably extending it into a cul-de-sac on both sides. Chairman Davis introduced Tony Kuechle, 15985 55th Ave. N. Mr. Kuechle said he concurs with Adrian Chiu and the Nick Family regarding removal of trees. He said it is good industry practice to remove trees for roadways, but not to increase density. Mr. Kuechle said his main issue is that 55th Avenue was not intended to be a minor collector street. He said 53rd Avenue was identified as the minor collector for this area. Mr. Kuechle said from a design standard 55th Avenue is two-three feet narrower than it should be and should have sidewalks on both sides. Driveways back into the required stopping distance from cars coming off Vicksburg Lane. He said Spring Meadows does not have the bifurcated roadway and they would love to have that in their neighborhood – they would love to have stop signs. Mr. Kuechle said the Ryland and Lennar developments are using their neighborhood as a thoroughfare as there are no stop signs. Mr. Kuechle said there 175 kids in the 80 homes in their neighborhood. He said he would like stop signs in their neighborhood, he would like the bifurcation removed at 57th Avenue to give Spring Meadows some relief so they can ultimately use this neighborhood as a cut through as well, and he would like to keep Weston Lane restricted for emergency use only. Chairman Davis said there is a city process for requesting stop signs. Mr. Kuechle said he has spoken to their city council member and temporary speed signage is up, but alternative methods such as speed dips would be better. Chairman Davis introduced Heath Walker, 16030 55th Avenue N. who asked where the development would drain. Mr. Walker said his property is lower than the development and wants to make sure the developer is responsible to route that water to appropriate locations. He reiterated neighbors’ traffic concerns as there are 2.5 kids per house in his neighborhood. The traffic on 55th Avenue has gotten out of control Chairman Davis introduced Patrick Reiter, 16040 55th Avenue N. who commended the builder for keeping trees. Mr. Reiter echoed the sentiments about traffic and said the speed is shocking at times. Mr. Reiter asked about the square footage of the homes and asked if there are stipulations on construction type, specifically siding. Chair Davis closed the public hearing. Planning Manager Thomson said the Weston Lane connection is a requirement in the subdivision regulations in order to make the connection between neighborhoods and keep traffic off the larger roadways. Approved Planning Commission Minutes November 20, 2013 Page 5 Matt Duenwald, MFRA, 14800 28th Ave. N. said it was a challenge on this site to keep drainage to the wetland to maintain the hydrology as the lots to the south are six feet higher than the wetland. He said what they are providing is significantly lower, modeled for the 2, 10, 100 and 500 year event. The overflow would go through their system into the storm sewer and then discharge into the pond. There is a natural ridge on the back yards and water coming from offsite/onsite would be picked up Mr. Hill said Hardie Board siding will be used on house fronts and would be an option on all surfaces. He said the square footage is from 2,934 to 4,100. All homes will have three car garages. Planning Manager Thomson discussed traffic in the Spring Meadows development and concurred with Senior Planner Drill that there is a lot of transition in the area. Planning Manager Thomson said the expected improvements to Vicksburg Lane, Dunkirk Lane and Peony Lane will have a positive impact as well as construction being completed. Senior Engineering Technician Dan Campbell added the city is open to alternate traffic calming situations and reviews options being tried in different parts of the country. Commissioner Petrash said we are creating issues not only on Vicksburg Lane but also on side roads. He said there are a lot more people living here, there will be construction for the next two years, additional buses, residential traffic, and emergency vehicles. Commissioner Petrash said he has real concern development is outpacing the transportation frastructure, and we have a responsibility to consider how fast these developments are coming relative to traffic and safety issues which will intensify over the next two years. Commissioner Petrash said he feels the city should put a moratorium on developing these sites until after road construction is complete. Commissioner Anderson said he is glad to see tree spading on the landscaping plan. He said he hears what the neighbors are saying at Weston Lane and the southeast corner and would like to see preservation of four of the nine-inch evergreens (#1029, 1031, 1033 and 1035). Commissioner Anderson said the traffic issue on 55th Avenue heading westerly is a structural issue that needs to be solved with stop signs, bumps or troughs but it is not on the plat they are looking at. He said subdivision regulations say Weston Lane has to go through, and asked if that is for emergency vehicles and everyday traffic. Commissioner Anderson said he can see it just for emergency vehicles as people on the south part of Weston Lane can exit 55th Avenue rather than 57th Avenue to get to Vicksburg Lane. Senior Planner Drill read, “…neighborhoods shall be interconnected where possible to provide for emergency access, convenience, dispersal and circulation of traffic to foster community cohesiveness.” Commissioner Petrash said this is a great design and he is all for these developments coming to Plymouth, but will be voting against this because of the traffic condition on Vicksburg Lane. Commissioner Anderson said it is unfortunate that you don’t build a subdivision until the sewer pipe is there, but with traffic we do build a subdivision when there is not sufficient capacity on Approved Planning Commission Minutes November 20, 2013 Page 6 the roads. He said municipalities and government will not put money into roads until the need is there. Commissioner Anderson said it is unfortunate but that is the way it is as it relates to Vicksburg Lane. He said in 2015 there will be more pressure to get the road done and if the pressure is less they will put that money somewhere else and push that road project off. Chairman Davis said the peak selling time for this development will be during the re- construction of Vicksburg Lane. which would not facilitate selling homes if you can’t get in there. Commissioner Robinson discussed the traffic concerns and suggested keeping in touch with the city about options such as stop signs on 55th and 54th Avenues. He said he is not necessarily for the two cul-de-sacs on Weston Lane as it is designed to connect for a reason. Commissioner Robinson said if you see dangerous driving, call the police. He said he has done so in his neighborhood and they have been there within 20 minutes. Commissioner Robinson said there have been traffic concerns in every discussion the planning commission has had with proposed developments. Commissioner Robinson said we are developing very fast in Plymouth, and this proposal is a smart plan he will support. MOTION by Commissioner Anderson, seconded by Commissioner Robinson, to approve the request the request by K. Hovnanian Homes for rezoning and preliminary plat for Brynwood for property located at 5635 Vicksburg Lane N. Motion for amendment by Commissioner Anderson that Weston Lane be for emergency vehicles only and would function as two cul-de-sacs for residents with an approved barrier device to allow emergency vehicles only. No one seconded the Motion for amendment. Friendly amendment by Commissioner Anderson, seconded by Commissioner Robinson, to save four trees on the south lot line (#1029, 1031, 1033 and 1035). Chairman Davis said he will vote in favor of the motion as it is a good plan and good use of the property as it is laid out well. He shares Commissioner Petrash’s concerns about traffic but it is not our place to stop this development because of that concern. Chair Davis said the City Council will consider that as part of the big picture of Vicksburg Lane and the properties being developed. Chair Davis said if the property owner wants to develop they can with the recognition that traffic on Vicksburg Lane will be problematic and the re-construction will be disruptive. Roll Call Vote. 3 Ayes. MOTION approved. Commissioner Petrash voting Nay. Commissioner Oakley recused.) B. EICHI, INC. (2103096) Chair Davis introduced the request by Eichi, Inc. for a preliminary plat for Kingsview Heights 5th Addition for one single family lot for property located north of 44th Avenue between Harbor and Juneau Lanes. Approved Planning Commission Minutes November 20, 2013 Page 7 Senior Planner Darling gave an overview of the staff report. Chairman Davis introduced Martin Harstad. Mr. Harstad said it has taken four years to clear up the legal question as to ownership issues. He said they have done a Torrens Action which clears the title, and flushed out anyone who might make a claim of any sort to the property. Mr. Harstad stated the judge said Eichi has clear and absolute title to the property other than easements for the power company, the city, and a few minor encroachments to the property where neighbors have a fence and shed. Commissioner Petrash asked how long he has owned this property. Mr. Harstad said his parents, Keith and Diane Harstad, developed Kingsview Heights in 1985. The property has transferred from his parent’s name into Eichi, Inc. Mr. Harstad and his three siblings own it after purchasing from their parents. Commissioner Anderson said this property is guided LA-1 which would allow 2-3 units. He said it not zoned that way but you could have met the guiding with rezoning and requested 3-4 units. Commissioner Anderson asked why he did not do that. Mr. Harstad said he felt one single family home would work best as it is three acres but a narrow strip of buildable property. Mr. Harstad said you could potentially tuck in another house but there would an extremely long driveway. He said he recognizes some of the neighbors are unhappy with the mere fact they are developing at all. He said it would not enhance the value of this property nor the neighborhood. Mr. Harstad said there are some encroachments by neighbors on the north side, and they will break off a portion of the back of the lot. Chair Davis opened the public hearing. Chairman Davis introduced Richard Meyer, 14515 45th Place N. who said he built his house on the pond in 1986 and Outlot J which was, according to the builder, a natural site and not part of the improved outlots in Kingsview Heights. Mr. Meyer said in 1987 Mr. Harstad’s father wanted to develop the lot and was turned down because the PUD had been approved based on the square footage of Outlot J. In 2009 Eichi made application and due to ownership questions and maybe the spirit of that being an outlot on the original approval, the council denied replatting. Mr. Meyer said there are deer, owls, and fox, and he objects to this proposal because he thought it would remain natural. Mr. Meyer said there probably was an oversight by the city when the HOA documents were approved. Chairman Davis introduced Joseph B. Stanek, 4415 Harbor Lane N. Mr. Stanek said he moved here in 1995 for the same reasons as Mr. Meyer. He said he would have a direct view where the proposed house(s) would be. Mr. Meyer said the previous Item 6.A. discussed tree preservation and this proposal would have a 50% tree loss. There needs to be development sometimes, but this outlot has been there for a long time and residents bought with their reliance that Outlot J Approved Planning Commission Minutes November 20, 2013 Page 8 would remain a natural area, adjacent to a park-like trail setting. Mr. Stanek said their job as homeowners is to influence the city to keep these special areas. Chairman Davis introduced Chester Cizio, 14870 45th Avenue N. who reiterated Mr. Stanek and Mr. Meyer’s comments. Mr. Cizio said before purchasing he was told there would be absolutely no building on Outlot J as this would be common land. Mr. Cizio said he has cut grass every year and picked up trash. Wildlife include a white crane population, deer, fox, flying squirrels, turtles, American woodcock, opossum, geese, and rabbits and Mr. Cizio said we need to maintain this pristine area. Mr. Cizio said they have cleaned the woods to keep the buckthorn down. He said he called the Harstad’s to purchase a small portion of the east side of Outlot J to have a little more land as they were already cleaning it. He said he had a verbal acceptance of 10,000 but was told by the city he could not purchase it because it was common land. Mr. Cizio said many of the city’s wetlands are being encroached upon and we feel the burden and natural resources feel the same result from the traffic and building. He asked the Planning Commission to reconsider the situation and go back to what was talked about in 2009. Chairman Davis introduced David Smith, 14899 45th Avenue N., who said one reason he moved here in 1987 was the neighborhood’s unique abundance of undeveloped and naturally preserved area and wetlands including Outlot J. He said it would be a shame and disgrace to the neighborhood and city if Outlot J were developed. Mr. Smith said development would erode the path of wildlife to and from Turtle Lake Park. Mr. Smith said he and his wife support upholding the natural aspect of Outlot J as they relied upon it for over 26 years, and it adds value to the neighborhood setting. Chairman Davis introduced Michael Jogodka, 4355 Ithaca Lane N. Mr. Jogodka said for this planned unit development the Harstad family decided to make lot sizes under a certain square footage, which required common areas. Outlot J is the natural drainage for more than 300 houses, which include Kingsview 2nd and Kings North. Mr. Jogodka said he has seen a 13-inch rainfall causing this land to be underwater and the road closed on the south end for over two weeks because of water drainage across the road to the Turtle Lake swamp. Mr. Jogodka said he was told at the 2009 meeting that the DNR said it will not allow any construction in the area that is 975.5 feet or less. The pond is at 996 feet and drains at 976. The street at the bottom is 977 feet. Mr. Jogodka stated the street is only one foot higher than the level of drainage at the pond. Mr. Jogodka said in 2009 the house was proposed on the tree line on the left side, removing 34.7% of the trees and now only 32% of the trees would be removed. Mr. Jogodka said they just want to sell the lot and don’t know the square footage of the house nor tree removal. He said the city requires a setback of one foot for every inch of tree that is close to the construction. Mr. Jogodka asked how you could take out 34.7% and not remove growth that might be on a neighbor’s property. Mr. Jogodka said he lives in a planned unit development of 200 houses with an HOA attached to the land. He said there are six lots closer to the pond that the Harstad’s sold without deeding their property to the HOA. Mr. Jogodka said he pays $160 a month HOA dues and these six neighbors never paid a dime. He said he pays for walking paths and parks. Mr. Harstad has claimed ownership of this land but has never mowed it. The city thought it was Turtle Park and they were cutting the grass for free. Mr. Jogodka said Mr. Harstad’s parents filed bankruptcy on this land on 2/16/1990 (Case #9040869). Mr. Jogodka said he is confused as Approved Planning Commission Minutes November 20, 2013 Page 9 to who owns the property if they filed bankruptcy, and asked if there is a trustee that should have been told they filed bankruptcy on the property. With this latest court hearing to claim ownership, Mr. Harstad filed a court action against the Kingsview Heights HOA saying he owns it. At that time we got new streets and assessments and Mr. Jogodka asked why the HOA would want to own the land and pay for the street at that point. When Mr. Harstad went to court to claim ownership recently, it was never brought up about the federal bankruptcy. Mr. Jogodka said in 2009 he brought paperwork that came with the HOA that explains that “…the Kingsview Heights developer shall have the right without the consent of the HOA to add additional real property to the general plan of the development until December 31, 1989”. Now 24 years later the son of the original developer wants to sell this drainage pond to someone who will build a house, which is the lowest piece of land of 300 houses. Mr. Jogodka said he thinks there is a liability and a title issue and Mr. Harstad has to prove probate. Mr. Jogodka said Mr. Harstad’s father had Alzheimer’s. He asked how do you do a title transfer with Alzheimer’s, deed it and rename the ownership of the property and put only $500 value on the transfer. Mr. Jogodka said with Chapter 11 bankruptcy you are required to pay back to the creditors; you don’t get forgiven of debt and keep the property Chairman Davis said that is not an issue for us, and the court papers show he owns the property. Mr. Jogodka pointed out again they lost their rights to this development on December 31, 1989. He said if you are adding to this development then you are adding density to the neighborhood. Mr. Jogodka said you have to lower the valuation of 200 homes in Kingsview Heights because we got cheated on density. Chairman Davis introduced Todd Anderson, 4510 Juneau Lane N., who said he bought his home in 1986. He said he witnessed the relocation and realignment of Juneau Lane. Mr. Anderson said Hans Hagen said this road would be relocated westerly and Outlot J was a conservation easement. Mr. Anderson said this was confirmed by Ursula Robertson of Edina Realty and Ted Hagen. The required outlot was to remain common open space for the approval of Kingsview 2nd. The plat map shows Outlot J designated as an open space and the resolution in 1987 confirms it was a required outlot. Mr. Anderson said the vacating of Juneau Lane was required for the approval of the Kingsview development and that area became property of Tyrell 2 and was locked in and defined as the western border of Outlot J. Back in 2009, Mr. Harstad tried to profess that his father back in the 1980’s wished he could either sell Outlot J to the Hagen’s or acquire additional property to the west. Mr. Anderson stated those properties were never contiguous as there was a 70-foot wide city street between them. The city street was added to Mr. Cizio’s and his property as a contingency on approval of Outlot J forever remaining an outlot. Mr. Anderson said this demonstrates a reliance by the city that they wanted the outlot preserved. He said with the realignment of Juneau Lane, the road was curved 90 degrees creating the easterly peninsula that became Turtle Park, which was required for common open density for Tyrell 1 townhomes. In the mid-80’s there was a need for sewer and water to be extended to Kingsview North, and Keith Harstad would not agree to run the sewer and water supply to Kingsview North. The city had to file a legal action to force the utility extensions. The intent on this property forever was to meet density. In 1987 the City Council was unanimously denied development of the outlot and the city did the right thing in 2009. Mr. Approved Planning Commission Minutes November 20, 2013 Page 10 Anderson said Senior Planner Darling alluded there are other reasons for denial beyond ownership. Mr. Anderson stated this is an issue of purpose and guidance of this property and this pre-established guidance and purpose travels with the property regardless of who owns it. The 2009 resolution defines the city code of an outlet and again deemed it to be required for open space and recites the 1987 resolution. The city bridged two important decisions spanning 22 years. If the city approves this, it is a dangerous, slippery slope. Mr. Anderson said four of the five outlots listed in the Harstad bankruptcy have been deeded to the city of Plymouth, not the HOA. Mr. Anderson said there are five outlots owned and maintained by the HOA, five are owned by the city, and one outlet - under 28-year continued contention - is owned by the Harstad's. Mr. Anderson stated ownership has never been an issue of denial for this plat. Attorney Knutson has never said the ownership dispute has been an issue regarding platting. Chair Davis closed the public hearing. Chairman Davis asked about the trees being removed as the size of the house is not defined yet. Senior Planner Darling clarified that based on the concept plan, 32% of trees would be removed. She said the numbers changed between 2009 and 2013 as they had to reinventory trees and the trees have grown. This development can cut up to 50% without replanting. Senior Planner Darling said the tree percentage is based on trees being removed and trees that have a disturbance of a certain percentage of critical root zone of tree (one foot for each inch for the diameter of the tree, not circumference). Planning Manager Thomson asked about the drainage and elevations of the pond. Senior Engineering Technician Campbell explained what is being proposed is outside of the 100-year high water level and no wetland would be impacted. The capacity of the pond is not being affected by the proposal. Planning Manager Thomson added they would have to keep the lowest floor elevation two feet above the high water level. Planning Manager Thomson said with the zoning ordinance adopted in 1996 most of the PUD’s in the city went away and that removed the density requirements that were attached to Kingsview Heights. Planning Manager Thomson said the right-of-way going to the Tyrell subdivision is typical as right-of-way goes back to where it was attached originally. Senior Engineering Technician Campbell concurred. Planning Manager Thomson said regarding the bankruptcy issue, the city attorney has advised when someone makes application we make sure the applicant owns the property and under state law we need to review it and act on it. Planning Manager Thomson stated that is what we are in the process of doing right now. Approved Planning Commission Minutes November 20, 2013 Page 11 Mr. Anderson addressed the idea of guided use irrespective of ownership. He said the 2009 resolution does cite the city code definition of an outlot and does cite that original required use has a reason of denial independent of title. He said it is grandfathered in, which is the proper thing to do based on the age of four developments that converged 28 years ago. Planning Manager Thomson reviewed the Plymouth City Code definition of an outlot and stated it can be either for future platting or for other public or private uses. Commissioner Petrash said we are hearing about setbacks and precedents from people who are emotionally involved and have legitimate concerns. He asked staff how they arrived at supporting this application. Senior Planner Darling explained that the city did rescind PUD’s in 1996 so staff is charged with reviewing preliminary plat applications according to regulations in place today. She said if a proposal meets the standards outlined in the subdivision regulations then staff would recommend approval. Commissioner Oakley said in previous actions on this site, it appears this outlot in the 1985 resolution was designated as open space but somehow fell out of that at a later date. Senior Planner Darling clarified in 1985 the applicant was approved a PUD development which is a customized zoning district. The city said for Kingsview Heights PUD up to 2.2 units per acre could be developed with 214 lots and that’s why in 1987 the city council denied the request for one additional home on that outlot. Senior Planner Darling said that would have pushed the total number of lots to 215 homes but density would still have been 2.2 units per acre. In 1996 the city rescinded PUD’s which put Kingsview Heights into a conventional zoning district. Senior Planner Darling stated staff looks at the regulations in place today. Commissioner Oakley asked if other common outlots in the city have a consistent pattern of ownership, or are some owned by an HOA, the city, and/or by a developer. Senior Planner Darling said in 2007 the city conducted a survey of outlots no longer under PUD’s to determine how many could be feasibly developed. She said many were owned by HOA’s and many have conservation easements or clouds on the titles. Senior Planner Darling said very few can be proposed for development but the city has been approached by HOA’s who want to sell because they no longer want the responsibility of maintenance and liability. She added there have been very few cases where a development has been proposed. Commissioner Anderson said this is a troubling matter with much history. He said residents say this is common land, there is a conservation easement, and realtors promised that the PUD calls for this open space. Unfortunately we see some sloppy work with HOA’s not being documented and the big change in 1996 with the city changing from PUD to straight zoning. Commissioner Anderson said this threw the city into some confusion and he was on the development side in those days and there were questions as it created some non-conforming issues and things had to be sorted out. He said they were sorted out through the comprehensive plan process and Approved Planning Commission Minutes November 20, 2013 Page 12 determination of guiding. Commissioner Anderson said the facts are the guiding is LA-1 and it is residential – not a park nor an open space. Commissioner Anderson said as a planning commissioner he is stuck with the guiding. Commissioner Anderson said the city attorney in 2009 stated the city does not have authority to determine legal ownership and once ownership is determined and if Eichi determines to be owner, they can bring an application in. Commissioner Anderson said the Torrens process is the process for determining title to land, and there is no conservation easement nor HOA ownership. Commissioner Anderson concluded we have guiding, a proper application, ownership established, and it conforms to the subdivision regulations. Commissioner Anderson said the guiding allows for a higher density, but he heard some respect for neighbors and difficulty with driveways which would not increase value. Commissioner Anderson said the one lot use is an appropriate use for this property based on the facts that we have been given. Commissioner Oakley said this is not as cut and dried as Commissioner Anderson thinks. The first document that appears was the development contract which called for a number of open space lots. Commissioner Oakley said things have happened since then that make this more complicated, but for any other changes we make, we don’t go back and change existing developments. He said the city passed a lighting ordinance recently but we didn’t make all non- conforming businesses change out their lights. Commissioner Oakley said in this instance he has have not heard anything that convinces him that this is not an open space lot as opposed to an outlot that is potentially developable. The 1996 changes throw a wrench as it is not clear one way or the other. Commissioner Oakley stated he will not be supporting this resolution. Mr. Jogodka said no matter how you vote one factor that does not change is that this whole area is drainage for 300 or more homes. If it is left open, nobody gets hurt when it floods again. Mr. Jogodka said we not only have drainage in storm sewers in front yards, a lot of neighborhoods have storm sewer draining in back yards that go to storm sewers that go to streets. Mr. Jogodka said someone will scream at the city that they can’t get in to their home because it is flooded. Mr. Jogodka asked who will be responsible then; you can’t change the water drainage. Mr. Jogodka said this property should be condemned for water drainage. He said a lot of neighbors never paid into the HOA funds and if Mr. Harstad wants to claim ownership, he should set up something with the city and keep it undeveloped. Mr. Harstad said a lot of people are telling the commission falsehoods and are playing lawyer or engineer. Mr. Harstad said the public record will clear up what is being said tonight. He said any time a developer comes before a city they bring up a conceptual plan for approval. The microfiched memo from Sara McConn who did the concept approval of this property, said because Outlot J is at the western edge of Kingsview Heights, it does not lend anything to the development and should be saved and added on to the property to the west. Mr. Harstad said his parents bought in 1984 and developed in 1985. He said Mr. Anderson stated he bought in 1986 Ms. McConn said this property should be set aside and added to the development. When he developed all his property he did as the city and attorney requested. Mr. Harstad said there were more than 11 outlots; Outlots L and M were developed at a later date. Mr. Harstad said the density really was 214.5. He said his dad held out Outlot J and has paid taxes ever since and they maintained it. Anytime neighbors called to clear trees, they paid for it, they mowed the Approved Planning Commission Minutes November 20, 2013 Page 13 lawn, and others also mowed. Mr. Harstad said the city sent the bill for street assessments two years ago and he paid it. He said when Outlot J was platted it was held out of the HOA with full knowledge of staff at the time and the HOA that it was not going to be part of it. When Tyrell developed and his father knew he wasn’t going to get it in 1987, he wanted to convert Outlot J into another lot but was told he had used all the density credits. We were at 214.5 and the City would not adjust up. Mr. Harstad said there is more to the story and there is a very ugly record of what went on. The city was trying to get Outlot J for a lower price to put a sewer line in. In 1987 when the city said not only do you not have density credits, you should give Outlot J to the HOA. Mr. Harstad said his dad was a lawyer but he didn’t do anything about it then. He said this property was purchased long before his dad had Alzheimer’s. Mr. Harstad said there is a lot more to this story and that’s why they went to the court to clear this up. It is a property that is zoned properly and they are not asking for any variances. Notices went to the HOA, the neighborhood, city and utility companies to claim ownership and clear it up once and for all. Mr. Harstad said the judge has spoken and they did what the zoning ordinance says they are allowed to. We should be beyond the ownership issue. Mr. Harstad referenced the bankruptcy and said it was a Chapter 11 bankruptcy and there were hundreds of properties that were noticed in it and his parents still own them today. Commissioner Oakley said the most important part of this issue is that in 1985 the city approved a development contract for Kingsview Heights PUD for 214 lots for single family homes and five open space outlots including the subject property, Outlot J. Commissioner Oakley said what Mr. Harstad said contradicts that. Commissioner Oakley said he will base his decision on what he has before him and if additional information is presented to the City Council that contradicts this, then he would encourage the City Council to go that direction. Mr. Harstad reiterated Planning Manager Thomson’s comment that outlots can be held for future development as well as for conservation easements, HOA or held for future development like Outlots L and M. Commissioner Oakley said in 1985 it was defined as an open space; in 1996 the change should have considered it as open space and that is how staff reviewed it. Commissioner Oakley stated he would change that vote if there were additional information that demonstrated that Outlot J was not in fact ever designated as an open space. Mr. Harstad said the notice went to the city when they did their Torrens action and if the city believed it was to be an open space that was their chance to speak to that. He stated that the Torrens action clears the title of anyone’s claim or right to property. Mr. Stanek said if a house is built the homebuyer will always have problems with this piece of property. This will be an eyesore for all of us and property values will be affected because a problem property is around us. What should be done is not always what can be done and logic should be used for this unusual piece of property. Mr. Anderson addressed Mr. Harstad’s comments and said the May 23, 1985 memo between Sara McConn and Harstad companies confirmed the list of outlots and buildable lots in the Approved Planning Commission Minutes November 20, 2013 Page 14 development and the list included Outlot J. Mr. Anderson said this predates the final contract and filed map by about 6 weeks. He said the City relied on that representation to do their final plat map. Mr. Anderson said Keith Harstad could not buy the Hans Hagen property because he bought it in 1981 which was three years before Harstad’s were in the game. Hans Hagen had moved from Vicksburg Lane easterly. Mr. Anderson said the plat for Tyrell 2 had been filed and approved and his lot had been legally defined and because of their development requirement to vacate Juneau Lane, all of that Juneau Lane property had already come over to the Tyrell plat that Outlot J could have been added to westerly is false. And easterly is false as there was a city street between it until it got vacated. The “intent” is documented in both resolutions and the 2009 resolution postdates the repeal of the PUD by 13 years. The intent and purpose of this property was never contingent on ownership. Whoever won should not change the city’s intent which was upheld in 2009. Commissioner Petrash concurred with Commissioner Oakley’s comments. Commissioner Robinson said there is a lot of history and compelling arguments. It boils down to 2009 when the city denied for a reason. He said the city attorney outlined steps for resolving ownership and Mr. Harstad went through that court process. Commissioner Robinson said ownership is now defined and clarified, and the property owner is proceeding according to the property guidance. Commissioner Robinson said he can understand the position of Commissioners Oakley and Petrash but he will be in favor of this. Commissioner Robinson said the City Council will hear this and it is at their discretion to understand the intent and the entire history. He said these are the key elements in his role to understand what we need to do and Commissioner Robinson said he will vote in favor. Mr. Anderson clarified Outlots L and M were officially released from this development before the final plat map and those lots were never to be part of the density. He said the city never required it and they were removed. MOTION by Commissioner Oakley, seconded by Commissioner Petrash, to deny the request the request by Eichi, Inc. for a preliminary plat for Kingsview Heights 5th Addition for one single family lot for property located north of 44th Avenue between Harbor and Juneau Lanes. Roll Call Vote. 2 Ayes. Commissioner Anderson and Commissioner Robinson voting nay. Chairman Davis said there are compelling arguments on both sides. Mr. Harstad has fulfilled all the requirements the city has for developing a property. The staff report says it is consistent with the comprehensive plan, tree preservation and requirements for lots, so from that standpoint it meets all requirements. Chair Davis said it appears the history of this property intended it to be open space but through the years things were garbled back and forth as to who owns it, what is supposed to be and where. He said there are differing opinions on every legal document. Chair Davis said there is something to be said about open space and tree preservation as amenities of living in Plymouth, and it would be his preference that the lot stay the way it is. Chair Davis said we don’t have the discretion to do that based on our legal requirement for approving or denying Approved Planning Commission Minutes November 20, 2013 Page 15 preliminary plats. Chair Davis said this application does meet the requirements and he will approve it. Chair Davis voted Nay. MOTION not approved. MOTION by Commissioner Anderson, seconded by Commissioner Robinson, to approve the request the request by Eichi, Inc. for a preliminary plat for Kingsview Heights 5th Addition for one single family lot for property located north of 44th Avenue between Harbor and Juneau Lanes. Roll Call Vote. 3 Ayes. MOTION approved. Commissioner Oakley and Commissioner Petrash voting nay. 7. NEW BUSINESS A. Cancel the December 4, 2013 Planning Commission meeting. Vote. 5 Ayes. 8. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 9:47.