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HomeMy WebLinkAboutPlanning Commission Minutes 07-20-20162pproved Cinutes Planning 6ommission JMeting Auly 0eM 0e,1 SA MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Gary Goldetsky, Donovan Saba, Julie Witt, and David Witte MEMBERS ABSENT: Commissioner Jim Kovach STAFF PRESENT: Community Development Director Steve Juetten, Senior Planner Marie Darling, and Planner Kip Berglund OTHERS PRESENT: Council Member Ned Carroll 1.CALL TO ORDER -7:00 P.M. 2.PLEDGE OF ALLEGIANCE 3.PUBLIC FORUM 4.APPROVALOFAGENDA MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to approve the July 20, 2016 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5.CONSENT AGENDA A.APPROVAL OF THE JULY 6, 2016 PLANNING COMMISSION MEETINGMINUTES MOTION by Commissioner Witte, seconded by Commissioner Goldetsky, to approve the consent agenda. Vote. 6Ayes. MOTION approved. 6.PUBLIC HEARINGS A.LANDFORM PROFESSIONAL SERVICES, LLC. (2016044) Continuedfrom the July 6, 2016 meeting Chair Davis introduced the request by Landform Professional Services, LLC for a rezoning and preliminary plat for "Creekside Woods" for property located at 17135 Old Rockford Road. Planner Berglund gave an overview of the staff report. AppoVed Minutes 1 of 8 Meeting of July 20, 2016 Commissioner Witte stated that there is a small, nearby subdivision and asked whether the zoning that was assigned to that development was RSF-1 or RSF-2. Planner Berglund replied when that site went through preliminary plat, it was already zoned RSF-2. Commissioner Witte stated that he lives in this area and noted that the city trail runs behind this project and connects to the elementary school. He asked ifthere has been any discussion to comlect this development to that trail. Planner Berglund stated that staff asked the parks department if the boardwalk should be extended into what would be the new cul-de-sac and at this time they are not interested in extending that boardwalk. Commissioner Witte asked when the traffic study was completed, as Old Rockford Road has gotten very busy and is a problem. He stated that there are two elementary schools and a lot of people use that roadway, therefore getting in and out of any subdivision is a problem. He noted that the speed is also a problem. Planner Berglund stated that there are maps in the comprehensive plan with the existing trips and potential future trips. He noted the 2030 plan showed 5,900 existing trips with an estimated 6,500 trips by the year 2030. He stated that the comprehensive plan is currently being updated and traffic data will be a part of the update. Chair Davis introduced Reid Schultz with Landform Professional Services, LLC, representing the applicant, who stated that they are requesting a rezoning and preliminary plat for a seven-lot subdivision. He stated that the property has magnificent views to the south and east and therefore the buildings were oriented to maximize those views. He stated they are proposing a street that meets city standards for a dead-end cul-de-sac. He noted that they are working with the adjacent homeowner to develop a ghost plat for that property when they choose to develop in the future. He stated that all private and public utilities within the development would be funded by the developer. He reviewed the storm water elements and noted that once completed, the site would be improved from the current conditions. Chair Davis asked if Outlot A would go away when the adjacent lot develops. Mr. Schultz replied that there would be land swap options for the neighbor to maximize their development. Chair Davis continued the public hearing. Chair Davis introduced Sherry Dewolf, 4290 Jewel Lane North, who stated that her concern is the drainage pond as that will abut her retaining wall. She noted that she also shares the concern regarding additional traffic. She stated that during the school year it is nearly impossible to get onto Old Rockford Road and did not see that adding more homes would improve the situation. She stated that until Old Rockford Road is reconstructed she did not feel that additional homes should be built. She stated that she was also concerned with the quality of the water in the holding pond, noting that a nearby pond has very poor water quality. She stated that they often lose electricity and did not see how additional homes could be constructed in the area until that problem is solved. She asked the value of the homes that would be constructed. AppoVed Minutes 2 of 8 Meeting of July 20, 2016 Chair Davis introduced Mary Olson, owner of 17215 Old Rockford Road, who stated that they have been in contact with the developer to discuss potential opportunities to extend the current design to enable a full cul-de-sac circle. She stated that her intention is not to take down her home or to ghost plat, but simply to provide a piece ofland that could be used for the cul-de-sac. She stated she was not sure why this current plan is before the commission tonight as her discussions with the developer have led her to believe the current plan is going to be changed. Chair Davis closed the public hearing. Community Development Director Juetten explained that the developer and Landform have determined that they would like to move forward with what is in front of the commission. He stated that the developer has continued to talk with the Olsons regarding that possible acquisition but because the acquistion has not moved forward, they would like to present what is before the commission tonight as their plan. He noted that this is a preliminary plat, and items can change before final plat. He stated that in regard to Old Rockford Road, there are no plans to improve the roadway, other than a mill and overlay and trail work that will be completed this summer. Commissioner Witte asked about the right--of-way for Old Rockford Road, specifically whether there is adequate room for expansion in the future. Community Development Director Juetten replied that the right-of-way is 80 feet and therefore should be sufficient for tum lanes in the future. Commissioner Witte asked if the practice of temporary cul-de-sacs is familiar in the city and whether buyers would have disclosure that this is temporary. He asked who would pay for the removal in the future. Planner Berglund stated that this is a practice that happens from time to time with subdivisions. He stated that a disclosure would be required for the subject properties. He noted that there are conditions in the resolution that would require the current developer to remove the temporary cul-de-sac and advised that there would be financial guarantees. Commissioner Goldetsky stated that the adjacent property owner has stated that they are not interested in developing their property at this point and asked if temporary cul-de-sacs have been used in cases where the adjacent property owner does have interest in developing. Planner Berglund stated that he heard that the Olsons may be interested in participating and therefore the plan may be changed. He stated that there is not always a definite confirmation from adjacent property owners when temporary cul-de-sacs are used. Chair Davis referenced the electric outages in the city and asked if the city has any control over that, noting that has been a problem since 2000. Community Development Director Juetten stated that the city does not own the power company and therefore does not have any control. He noted that Xcel Energy is aware of the problem, and there is an upcoming meeting to determine how it could be improved. AppoVed Minutes 3 of 8 Meeting of July 20, 2016 Mr. Schultz stated that they are aware of the retaining wall location, which they estimate to be 15 to 25 feet tall. He stated that the pond has been pushed further away from the wall to ensure that the structural soils for the wall would not be impacted. He stated they do not have space constraints for the pond location, and they have flexibility should they need to shift the location. He stated that while green ponds are not attractive, the green does show that they are working. He explained further how the ponds work and noted that the green is not being pulled from the pond. He stated that they would consider putting an aerator into the pond if the developer desires in order to assist in preventing the green element. He stated that the developed lot price for this area is about $150,000 to $250,000, noting that the house value would correlate to that value and push the home value into $700,000 to over $1,000,000, similar to a neighboring development. He stated that they are working with the Olsons to obtain a portion of land that would provide for a full cul-de-sac. He explained that the city has indicated that the developer provide an opportunity for the adjacent property through the ghost plat, noting that the ghost plat would not lock anyone into anything. Chair Davis asked ifthere would be an HOA for this development. Mr. Schultz stated that they are not anticipating an HOA as that can become tricky with only seven lots and would look for governance through a covenant instead. Ms. Dewolf asked who would maintain the area around the drainage pond if there is not going to be an HOA. She asked who she would call if the pond does become smelly. Planner Berglund stated that as part of the approval, the most likely scenario would be that the applicant enter into a pond maintenance agreement through the engineering department. Mr. Schultz stated that the pond is located within the drainage and utility easement. He noted that the surrounding area would be located within lot six and therefore would be the responsibility of that lot. Ms. Olson stated that she was confused as to why this was moving forward when she has a verbal agreement with the developer. She asked and received confirmation that it is normal process for a plan to change beyond preliminary plat. Commissioner Goldetsky stated that this proposal has a lot of nice features, and the staff report is clear that it complies with the elements of the comprehensive plan and therefore, he would support the request. Commissioner Anderson stated that he is comfortable with the plans presented, acknowledging that the plan can change if the land becomes available for the full cul-de-sac and did not see any reason to hold the plan up. Chair Davis stated that he would also support this request as the plan meets the requirements of the city rules and no variances are being requested. He stated that it appears the developer is attempting to conserve as much as possible and noted that the seven homes would not place a large impact on the roadway. He stated that he is aware of the congestion during school times AppoVed Minutes 4 of 8 Meeting of July 20, 2016 but noted that at other times the roadway is sufficient, and he did not believe this plan would make the roadway conditions worse. MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to recommend approval of the request by Landform Professional Services, LLC for a rezoning and preliminary plat for "Creekside Woods" for property located at 17135 Old Rockford Road. Vote. 6 Ayes. MOTION approved. B.LANEWOOD ESTATES, LLC. (2016040) Chair Davis introduced the request by Lanewood Estates, LLC for a rezoning and preliminary plat for "Lanewood Estates" for property located at 14800 County Road 47. Senior Planner Darling gave an overview of the staff report. Commissioner Anderson stated that it appears the building pads are quite shallow and asked if that is true. Senior Planner Darling replied that these are general outlines and did not believe that they were meant to signify the building pad. Community Development Director Juetten stated that the houses would be deeper than what the boxes show. Chair Davis introduced Fred Stelter, 14505 43rd Avenue North, representing the applicant, who stated the property owners were not ready to have their property developed when the neighboring property developed and now are ready to progress as was anticipated. He stated that the rezoning would fit within the comprehensive plan and noted that the buffer trees along the edge of the property and near the wetland would be preserved. He stated that there is quite a bit of land that will be dedicated to Hennepin County for the future expansion of County Road 4 7. He stated that an agreement has been reached with a high-end homebuilder, and the homes would range from $750,000 to beyond and would be an attractive addition to the area. He stated that it is proposed that there should be an HOA to maintain the pond. He stated that he has been in communication with the president of the Taryn Hills HOA to determine how this development could be annexed into that HOA. He stated that the impact to the neighborhood would be minimized as the existing driveway location can be utilized during construction. He encouraged the commission to approve the project as proposed. Chair Davis opened the public hearing. Chair Davis introduced Jerry Hommes, 6180 Lanewood Lane, who stated that he is a member of the neighboring community and is pleased to see this is proposed for high-end homes. He asked if the construction would be routed through the current development, as he would like to see the entire construction period utilize the existing County Road 4 7 access. He stated that there is a high density of children in the neighborhood and would not want to see the construction traffic travel the route near the swimming pool. He acknowledged that sales traffic would come through the neighborhood. He asked if there is a time limitation placed on the completion of the AppoVed Minutes 5 of 8 Meeting of July 20, 2016 development. He stated that they have seen daily site clean-up done well in some developments and poorly in others. He said he hoped that the integration into the current HOA would be accomplished in order to integrate the two communities. He noted that he would also support integration of the existing amenities for use by the new residents. Chair Davis introduced Alan Harrah, 14900 61 st A venue, who stated that he is the vice president of the HOA. He stated that there was a meeting within the past month, and this topic was discussed in detail. He stated that the HOA is excited about this new development, but is cautious about the implications to their community. He referenced the construction traffic and noted that the biggest concern is that there are over 200 kids in the community, and they would not want to see construction traffic drive through the subdivision. He stated that their experience with Lennar is that they sometimes fall short and therefore would like the construction traffic to access through County Road 4 7 for the duration of construction. He stated if the seven homes were not annexed into the association, they would be using the amenities without paying and therefore would want those homes to be included in the HOA. He stated that he was pleased to see the proposed home values as that would assist in the home values throughout the community. He stated that there are trees that buffer from County Road 4 7, and he would like to see those preserved. Mr. Stelter commented that the trees on the west side of the driveway would remain, but the pines would be removed to allow for the road to come in and for the construction of the homes. Mr. Harrah stated that he was slightly concerned that this is attempting to place too many homes on the available land. Chair Davis introduced Ahmer Amin, 14900 60th Avenue, who stated that he resides on the temporary cul-de-sac and is really happy that new neighbors will be coming. He stated that because his property is near where the road will be constructed, he was curious to know more details on how that would be done. He stated that it is his interpretation that the current sidewalk would be extended and asked about the impact to the trees as some of those trees are along his property line. He stated that he would also like information on how the sidewalk would be maintained in the winter. He stated that he was pleased to hear that the construction would be accessing from County Road 4 7, but would like to see the construction parking shifted away from his home. Chair Davis introduced Yi Zhang, 6070 Lanewood Lane, who stated that her concerns are regarding the safety of the neighborhood during and after construction as well as the home values. She stated that when she purchased her property she confirmed with the city that the zoning would remain with single family housing. She wanted to ensure that if this plan did not go through, that the plan for single family homes would remain. She stated that it also appears that there would not be access from County Road 4 7 for this new neighborhood and wanted to ensure that was true as well as she believed that additional access to the neighborhood would provide issues with safety. She stated that she is pleased to hear that the developer and construction company are open to incorporating the homes into the current HOA as that would only make sense since the only access would be provided through the current community. She referenced the values of the homes and asked the size of the foundations for the homes. She asked if a fountain could be placed in the pond to make it fresher and clean looking. AppoVed Minutes 6ofB Meeting of July 20, 2016 Mr. Amin stated that there is an existing raised pathway to the property and noted that the water normally pools up in the back of his property during rain events. He asked if the natural flow of the water could be restored when that pathway is removed to assist in the drainage issues. Community Development Director Juetten stated that the city does not have control over the integration into the HOA, but acknowledged that both parties do appear to desire the same results. Commissioner Anderson stated that it is great that the community would like the seven homes integrated into the HOA but noted that he would still only give that a 50/50 chance. He explained that when an HOA agreement is drafted there are specifications as to the land that can be added to that HOA. He stated that area may not have been included as an expansion area in the original agreement as the property owners were not open to development at that time and explained the process that would be necessary if that land was not included. Community Development Director Juetten stated that because County Road 4 7 is a county road, they are only allowed to use that roadway as specified. He stated that city staff can go back to the county to determine if additional construction traffic could use that roadway for access but could not ensure that would be possible once the new street is constructed. He provided information on the construction timeline and noted that they would be allowed one year for a construction timeline for the street and infrastructure. He explained that home construction is not specified on a timeline because that is market driven. Chair Davis asked if there would be benefit for the homeowners to contact Hennepin County to voice their desire regarding the construction traffic. Community Development Director Juetten stated typically that just frustrates the county and did not recommend that course of action. Mr. Stelter stated that he did not have specifics on the building pad sizes but noted that because of the price of the lots, he estimated that the homes would be in the range of 3,500 square feet. He stated that he reached out to the management company for the existing community and was pleased that the HOA president did reach out to them. He stated that if successful, the homes would be integrated into the HOA, and the maintenance of the pond and sidewalks would become an HOA discussion. He provided details on the process to remove the temporary cul-de­sac. He stated that if approved, construction would start as soon as possible, with the grading being substantially completed this fall to allow for home construction to begin. Community Development Director Juetten stated that in regard to the zoning of the property, the comprehensive plan identifies this area as single family homes and there would not be a direct access from County Road 4 7. Mr. Stelter noted that there may be some impact to the trees in the public area along the sidewalk and street, referenced earlier by the resident. ApproVed Minutes 7 of 8 Meeting of July 20, 2016 Community Development Director Juetten stated that staff hears comments regarding construction clean-up and noted that generally the problems arise from the builders. He encouraged residents to call the community development department if problems arise during construction. He stated that in regard to lot sizes, some of the lots are a bit smaller than the general lot size and provided addresses of similar-sized lots in the existing development. He noted that the size of the home would not be impacted by the smaller lots. Senior Planner Darling provided additional information on the density specified for this area. She stated that the comprehensive plan allows for three to six homes per acre, noting that would allow for 7 to 13 homes, which in tum means that the property is being developed on the lower end of the range. Community Development Director Juetten noted that the staff and the engineering department would ensure that the water does not pool onto properties and that drainage concerns are addressed. Commissioner Witte asked if there are specifications for where a sump pump empties, noting that perhaps a condition should be made in the future specifying that the pumps drain into the wetland or natural water flow to prevent drainage problems. Mr. Harrah asked the timing of the removal of the temporary cul-de-sac, whether that would happen in front of the progress or whether that could be delayed. Community Development Director Juetten stated that they would like the temporary cul-de-sac to remain to allow people to tum around for as long as possible. Chair Davis closed the public hearing. Chair Davis stated that he would be supporting this request, and it appears to be a good plan and the neighbors are supportive. MOTION by Commissioner Saba, seconded by Commissioner Witte, to recommend approval of the request by Lanewood Estates, LLC for a rezoning and preliminary plat for "Lanewood Estates" for property located at 14800 County Road 47. Vote. 6 Ayes. MOTION approved. 7.NEW BUSINESS 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:44 P.M. ApproVed Minutes 8 of 8 Meeting of July 20, 2016