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HomeMy WebLinkAboutPlanning Commission Minutes 08-02-20171 of 7 Approved Minutes Meeting of August 2, 2017 Approved Minutes Planning Commission Meeting August 2, 2017 MEMBERS PRESENT: Chair Marc Anderson, Commissioners Jim Kovach, Bryan Oakley, Donovan Saba, Julie Witt and David Witte MEMBERS ABSENT: Commissioner Kira Vanderlan STAFF PRESENT: Planning Manager Barb Thomson, Senior Planner Shawn Drill, Planner Kip Berglund and Assistant City Engineer Mike Payne OTHERS PRESENT: Councilmember Ned Carroll 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 Kovach, to approve the August 2, 2017 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 19, 2017 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Witte, seconded by Commissioner Witt, to approve the consent agenda. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. ESTATE DEVELOPMENT CORPORATION (2017053) Chair Anderson introduced the request by Estate Development Corporation for a reguiding, rezoning and preliminary plat for a residential subdivision to be called "Beacon Ridge" on properties located at 5225, 5305 and 5325 Dunkirk Lane. Senior Planner Drill gave an overview of the staff report. 5A 2 of 7 Approved Minutes Meeting of August 2, 2017 Commissioner Oakley referenced the letter from a homeowner, which included four recommendations, noting that most of those are not included on the site being considered tonight and asked if any of these would be the responsibility of the developer. Senior Planner Drill agreed that the request has more to do with Dunkirk Lane rather than this development. He noted that the stop sign requests do not meet warrants and therefore it would be a political issue for the City Council to handle. He said he did not think there was anything the commission could do to address the comments in the letter and noted that a response would be more appropriate for the council to provide. Commissioner Saba asked for additional information on the noise measurements for the neighboring property to the east. Senior Planner Drill clarified that the sound was measured at locations within 750 feet of the gun club. He noted that the sound levels measured were below the maximum 63 dB allowed. Commissioner Witte stated the noise study indicated that average decibel levels would not exceed the maximum allowed and asked for information on how the average calculations were taken; specifically, whether non-operation hours were included in the average. Senior Planner Drill replied that the average was determined only during hours of operation. Commissioner Witt asked if there is a calculation on the tree removal rate that does not include ash trees. She noted that there are so many trees on the property and therefore a large portion were most likely ash trees. She acknowledged that ash trees are problematic and perhaps should not be included in the calculation. Senior Planner Drill explained that the trees are not broken down by species. He said the City Council recently looked at separating out ash trees, but decided not to make any changes to the current regulations. He stated therefore, that ash trees are included in the calculations for removal. Commissioner Witte asked for information on park dedication. Senior Planner Drill replied that the standard park dedication rate of $8,000 per dwelling unit would be used. He stated because the City is not requesting park land from this site, the money would be placed into a fund that is used to purchase park land elsewhere in the city. Commissioner Witte stated that he is concerned with the noise disclosure, not only related to noise from the gun club but also from trains. He asked if the City could require signage at the entrance to the site that would disclose the noise. Senior Planner Drill stated that the City has not done something like that in the past. He noted that the site plan would label the gun club but could not promise that the City would post s1gnage. 3 of 7 Approved Minutes Meeting of August 2, 2017 Planning Manager Thomson stated that such a requirement would single out this property as other nearby properties have not been required to post signage. Chair Anderson asked if the noise disclosure would occur at the original sale or whether that would transfer onto the deed for future homeowners. Senior Planner Drill stated that the disclosure would occur with the builder and with the original sale and would not be recorded onto the deed for the property. Chair Anderson introduced Tom Gonyea, representing the applicant, who stated that he has worked with staff quite a bit in the past few months to try to get this right and believes that they have. He stated that there is a noise specialist present who did a very thorough job analyzing the site. He stated that the disclosure is required at the time of building permit and is required to be disclosed by real estate agents to potential buyers. Commissioner Witte referenced the applicant's narrative and asked for more details on the tree preservation and how that would impact the application. Mr. Gonyea stated that a tree preservation easement would be placed over the large areas of trees that will be saved to ensure that the natural area will not be disrupted. Commissioner Witte asked who would enforce that easement over time. Mr. Gonyea stated that enforcement would fall to the City. Planning Manager Thomson stated that the City works on a complaint basis, meaning that if neighbors are cutting down trees and the activity is reported, we would then pursue enforcement. Chair Anderson opened the public hearing. Chair Anderson introduced Naomi Bretz, 17004 51st Avenue, who stated that she lives to the southwest of the property and has lived there since 2005 and therefore has seen the area change throughout that time. She stated that there are a lot of trees on the subject property that have been there for years and hoped that the border of trees along Dunkirk Lane would be left to provide shade for pedestrians and to provide a nice aesthetic screen. She stated that the noise from the gun range has increased as trees have been removed to support development. She stated that Dunkirk Lane is the only route to get to Wayzata High School and stated that perhaps in the future another road could be used to provide a secondary access. She referenced construction noise and hopes that construction traffic will use County Road 47 to minimize noise to the homes in her area. Chair Anderson introduced John Dania, 5420 Comstock Lane, who stated that he is concerned with the noise from the gun range and development. He stated that he is not opposed to development but to the impact of the noise from the gun range. He explained that there has been an increase in the noise from the range as development continues and trees continue to be removed. He stated that his concern would be that the sound carries even further as additional trees are removed. He stated he is happy that a noise study was done, but noted that there is a 4 of 7 Approved Minutes Meeting of August 2, 2017 difference day to day with noise, depending on the wind direction and the type of rounds being shot. He said he hopes that if this moves forward, that perhaps the City could sponsor a study in the future to determine if the noise remains under the limits. He said he was not sure what could be done after the development is completed, in terms of sound mitigation, and hoped that improvements could be made to reduce the noise impact while this development is being approved. He noted that the noise impact extends much further than 750 feet. Chair Anderson introduced Matt Wieland, 16600 54th Court, who stated that he has similar concerns with the noise. He asked if the City can compel the developer to install noise mitigation, or whether the developer would consider noise mitigation on their own. He stated it is his understanding that the lots along the western edge will be graded up five to ten feet and asked how much that would potentially reduce the noise. He also asked how large a berm would need to be installed to reduce the noise by half. He thanked staff for answering his questions and to the developer for doing the sound study. Chair Anderson introduced Jim Sable, 4710 Harbor Lane, representing Plymouth Gun Club, who stated that he provided information on the Shooting Range Protection Act, which includes frequently asked questions. He stated if a sound study is done and the gun club is in compliance and then trees are removed and the gun club becomes out of compliance, it would be the responsibility of the developer to mitigate that noise and bring the gun club back into compliance. Chair Anderson introduced Zoey Swanson, 16720 51st Place, who stated that her main concern is that she purchased a wooded lot from Lennar. She stated that the woods are very important as the homeowners in that area purchased those lots because of the woods and hoped that when the neighboring property was developed, the developer would preserve the wooded area. Chair Anderson closed the public hearing. Senior Planner Drill stated that the developer is proposing to leave a swath of trees along Dunkirk Lane and identified other areas where trees would be preserved along the southern boundary and throughout the site. He also identified where tree plantings would occur. Planning Manager Thomson stated that the sound study was completed, assuming the trees were cut down. She stated that there was a question regarding whether an alternate road would be provided to access the high school. Assistant City Engineer Payne replied that in the five-year capital improvement plan, there is no additional east/west connection from Dunkirk Lane to Peony Lane. Senior Planner Drill stated that there is not an alternative identified in the comprehensive plan. He stated that Dunkirk Lane did experience additional traffic during the construction on Peony and Vicksburg Lanes and now that construction has been completed on those roads, the traffic levels are beginning to reduce. He noted that the construction in this area for homes also brings in additional traffic. He explained that Dunkirk Lane is a collector roadway and is meant to handle traffic but noted that the volumes will decrease now that the other roads are once again open. 5 of 7 Approved Minutes Meeting of August 2, 2017 Mr. Gonyea stated that the construction traffic would follow the route that has been identified for the development of this area. He said he would expect the construction traffic to come from both the north and the south, unless the City directed otherwise. Chair Anderson introduced David Braslau, David Braslau Associates, representing the applicant, who stated that the day he monitored the noise, the winds were slightly favorable in terms of blowing the sound from the gun range and were not having negative impact on the sound level. He stated that the shooting activity was very continuous when the study was done, noting that there is a chart in the report showing the density of the gun shots. Commissioner Witte asked if the study was done when the leaves were on the trees. Mr. Braslau stated that the study was done with the leaves on. Commissioner Witte asked if the study results would vary in the winter. Mr. Braslau stated that it would depend on the amount of snow. He noted that if there was a lot of snow, the noise would be lessened and if there was not a lot of snow, the noise would increase. He stated that the west side of the property would not be a good location for a berm and stated that ifthere were a berm or wall, it would be better placed on the east side. He said he believed a berm would need to be 10 to 12 feet in height to have an impact on noise from the gun range. Chair Anderson stated that it is his understanding that the gun club is in compliance with noise standards. Mr. Braslau confirmed that the gun club is in compliance. Chair Anderson asked if you assume the development and construction of the homes, whether the gun club would still be in compliance. Mr. Braslau confirmed that the gun club would still remain in compliance. He noted that the noie could decrease or increase slightly, but the gun club would still remain in coml?liance. Commissioner Oakley asked for an example of a sound that would have a 5 dB noise level. Mr. Braslau stated it would have to be 6 dB to be out of compliance. He provided an example of two telephones, where one rings and then the other rings. He said if one is equidistant from them, the increase is 3 dB. He said if you increase the amount of acoustic energy, the measured level goes up 3 dB. Commissioner Oakley asked if the level increases by 3 dB, whether it sounds twice as loud. Mr. Braslau responded that the noise level would need to increase 8-10 dB to sound twice as loud. 6 of 7 Meeting of August 2, 2017 Proposed Minutes Planning Manager Thomson stated that Mr. Braslau has been doing noise studies in the city for over 20 years and is very well respected and therefore the City had no concern with the developer funding the study. She stated that any mitigation required would need to be done now; that the City would not be able to go back once the development is complete. She noted that the council could consider noise mitigation in the future should there be concerns. She stated that because the noise requirements are not being exceeded, the City could not require mitigation. Commissioner Oakley stated that he has lost count of the developments along Dunkirk Lane throughout the years. He stated that this appears to be a well thought out development. He stated that there is a financial incentive and general sensitivity to leaving the border of trees along Dunkirk Lane and the southern border. He stated that there could have been far more tree removal and therefore this seems to be a well-conceived plan. He stated that the comments from the gun club are heard with every development. He acknowledged that the gun club has a right to exist as it has for over 30 years. Chair Anderson noted that he travels Dunkirk Lane daily and is not concerned with adding another 37 homes. MOTION by Commissioner Oakley, seconded by Commissioner Witte, to approve the request by Estate Development Corporation for a reguiding, rezoning and preliminary plat for a residential subdivision to be called "Beacon Ridge" on properties located at 5225, 5305 and 5325 Dunkirk Lane. Vote. 6 Ayes. MOTION approved. 7. NEW BUSINESS ADAM NAWROCKI (2017061) Chair Anderson introduced the request by Adam Nawrocki for variances to the size and height allowance for an accessory structure on property located at 2700 Quaker Lane. Planner Berglund gave an overview of the staff report. Chair Anderson introduced Adam Nawrocki, the applicant, who stated that he is requesting the variances with the support of his neighbors. He stated that he talked with his neighbors before applying for the variances to ensure that they would agree. He stated that the home is quite old, built in 1948 as the original homestead. He stated that the home has been added onto in ways that fit into the neighborhood well. He stated that the current garage is deteriorating. He stated that they looked at the garage as the number one thing that needed to be replaced when they purchased the home. He explained that they originally looked at doing an attached garage, but that would have become an eyesore for the property and for the neighbors and therefore they believe creating the garage in the same detached spot would make the most sense. He provided information on the garages that neighboring properties currently have that exceed the size of his request. He stated that he is gainfully employed and does not plan to have a home-based business in the garage. Commissioner Oakley stated that in this instance the most important piece of information is that the applicant spoke with his neighbors before asking for the variance. He stated that the 7 of 7 Proposed Minutes Meeting of August 2, 2017 neighbors provided positive feedback and did not feel that this would negatively impact the neighboring properties. He stated that he would support this request. Chair Anderson agreed that, architecturally, this would be an improvement. Commissioner Witte stated that while he would prefer a smaller size, he does understand that another accessory structure would not be allowed. He asked if this would block the winter sunlight for the neighbors to the north. Mr. Nawrocki stated that he spoke with that neighbor and their view is already blocked, and the neighbor is supportive. MOTION by Commissioner Witte, seconded by Commissioner Oakley, to approve the request by Adam Nawrocki for variances to the size and height allowance for an accessory structure on property located at 2700 Quaker Lane. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Chair Anderson, with no objection, to adjourn the meeting at 8:21 P.M.