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HomeMy WebLinkAboutPlanning Commission Minutes 11-01-2017Approved Minutes 1 of 11 Meeting of November 1, 2017 Approved Minutes Planning Commission Meeting November 1, 2017 MEMBERS PRESENT: Chair Marc Anderson, Commissioners Jim Kovach, Donovan Saba, David Witte and Kira Vanderlan MEMBERS ABSENT: Commissioners Bryan Oakley and Julie Witt STAFF PRESENT: Planning Manager Barb Thomson, Senior Planner Shawn Drill, Senior Planner Lori Sommers and Senior Engineering Technician Trevor Quast 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 Witte, seconded by Commissioner Kovach, to approve the November 1, 2017 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE OCTOBER 18, 2017 PLANNING COMMISSION MEETING MINUTES B. DAVID AND ANNE CRAIG (2017090) Approve a variance for lot area, lot width, and building setback to allow construction of a new home on a vacant lot at 2515 Magnolia Lane. MOTION by Commissioner Witte, seconded by Commissioner Vanderlan, to approve the consent agenda. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. ST. PHILIP THE DEACON LUTHERAN CHURCH. (2017009) Approved Minutes 2 of 11 Meeting of November 1, 2017 Chair Anderson introduced the request by St. Philip the Deacon Lutheran Church for a conditional use permit to allow a columbarium at the north side of the church building for property located at 17205 County Road 6. Senior Planner Sommers gave an overview of the staff report. Chair Anderson asked if there are other columbariums in Plymouth. Planning Manager Thomson replied that there are two other columbariums in the city and this would be the third. Chair Anderson introduced Pastor Timothy Westermeyer, the applicant, who stated that he had nothing to add but is happy to answer any questions. Chair Anderson stated that the plans appear to have a nice seating area and easy access. He asked if there would be hours for visitors. Pastor Westermeyer replied that there would not be set hours, rather the area would be open to the public identical to Messiah Methodist Church just to the west of St. Philip’s. Chair Anderson opened the public hearing and closed the public hearing as there was no one present who requested to speak on this item. MOTION by Commissioner Saba, seconded by Commissioner Kovach, to approve the request by St. Philip the Deacon Lutheran Church for a conditional use permit to allow a columbarium at the north side of the church building for property located at 17205 County Road 6. Vote. 5 Ayes. MOTION approved. B. PULTE HOMES OF MINNESOTA (2017083) Chair Anderson introduced the request by Pulte Homes of Minnesota for a reguiding, rezoning, preliminary plat and variance for a residential subdivision to be called “Greenway West” for property located west of Troy Lane at 58th Avenue. Senior Planner Drill gave an overview of the staff report. Commissioner Saba referenced the two existing homes that would remain and whether city sewer would be a factor in the future. Senior Planner Drill replied that would depend upon if/when the property owner to the south sells for development, noting that if that parcel to the south develops, those parcels would then be required to hook up to city services. Commissioner Witte referenced the floodplain and asked if that involves the stream and whether that would impact the lot or building site. Approved Minutes 3 of 11 Meeting of November 1, 2017 Senior Planner Drill replied that the site planning has accommodated for that, and therefore it would not impact the lot. Commissioner Witte asked who conducts the inspection to grade the wetlands. Senior Planner Drill replied that there is science used as part of the wetland delineation that the City has on file. He stated that if the developer believes that rating is wrong, they can ask the City to review the information. He stated that the ordinance identifies the necessary buffers for each wetland rating. Commissioner Witte stated that he is not clear on the final lot lines within Block 2 and asked who would own the area in the southwest portion of the site. Senior Planner Drill identified the portion of land that the applicant would be purchasing, noting that the remaining wetland area would remain a part of the existing lot and would not be purchased by the applicant. Chair Anderson referenced the zoning of the site, noting that portions would remain as LA-RT and asked how this would not be considered spot zoning. Senior Planner Drill provided additional details, noting that spot zoning applies when you rezone a parcel that does not fit with the surrounding areas, using the example of creating a gas station within the middle of a residential neighborhood. Chair Anderson asked for additional details on the park property. Senior Planner Drill replied that it would be a private park. Planning Manager Thomson stated that if the park use changes, the applicant would need to go through the process of rezoning. Chair Anderson asked the locations of nearby city parks and whether the City would want this park to be a city park. Senior Planner Drill stated that the park department was not interested in acquiring this property for a city park. He identified the nearby city park locations. Chair Anderson asked if there has been a ghost plat for the remaining LA-RT guided land, noting that the wetlands seem to separate the parcels. Senior Planner Drill stated that the City has not seen a ghost plat for the property to the south and noted that the applicant is not proposing a street connection to the south. He identified the challenges for extending a street, which include the grade changes and wetland features. He noted that a stub street is provided for the parcel to the north, should that parcel develop in the future. Chair Anderson asked the hardship for the variance to create two smaller lots. Approved Minutes 4 of 11 Meeting of November 1, 2017 Senior Planner Drill stated that a hardship is no longer needed, and the test is now for practical difficulties. He stated that staff believes that this request would meet the criteria for a variance. Commissioner Witte stated that he does not have a problem with what is proposed. He stated that the existing lots are under ten acres and did not require a variance in the past. He asked why the variance would be required at this time. Senior Planner Drill replied that the properties were platted before the requirement came into effect and therefore were legally nonconforming. He stated that the city attorney advised that the applicant apply for the variance at this time. Chair Anderson asked how a school bus would travel through the site. Senior Planner Drill provided options that a bus could follow, but noted that the applicant will provide additional details. Chair Anderson introduced Paul Heuer, representing the applicant, who stated that this neighborhood is a continuation of Enclave on the Greenway, which has been received very well by the public. He stated they are excited to continue on with the same type of lot sizes, setbacks, and home products but noted that this property has more natural amenities to work with. He stated that they worked hard to preserve trees around the perimeter and in the triangular-shaped portion of the site. He noted where there is not an existing tree buffer around the perimeter, they are planning to plant trees. He stated there are a number of wetlands on the site and advised that they would not be impacting any of the wetlands and instead using them as an amenity for the homes to view. He stated that the three-acre parcel would be a private HOA-owned open space to preserve the woods. He stated they are planning some type of amenity, perhaps a tot lot or firepit with seating. He stated he is excited to create another beautiful neighborhood in Plymouth. He stated that the turnaround could be oversized to handle school buses. Chair Anderson asked if the applicant has control of the land to the north. Mr. Heuer stated that they do have a verbal agreement, and therefore he would be comfortable if a larger turnaround is required. Chair Anderson stated that a condition should be added to ensure the cul-de-sac/turnaround is large enough for a bus to turnaround. Senior Planner Drill confirmed that language could be added to specify a turnaround large enough for a bus to turn around either on this property or the property to the north. Chair Anderson opened the public hearing. Chair Anderson introduced Kyle Foster, 18225 58th Avenue, who referenced the gross lot size, noting that the two existing properties are to be included in the plat. He stated that he is concerned with the average density of homes, absent the two existing homes that are already there. He stated that based on his calculations, this would be about four homes per acre absent Approved Minutes 5 of 11 Meeting of November 1, 2017 the wetlands and two existing homes. He asked that the commission not consider average density, but the maximum density per acre. He referenced the monitoring of the construction that will occur near the wetlands, noting that he would want the integrity maintained throughout construction. He said he wanted to ensure that this new development would not cause density issues with the nearby elementary school. He referenced the filtration basin in the northeast corner of the site, noting that the nearby creek overflows and he would want to ensure that is considered in the calculations of the filtration basin. He asked if there would be future development to the south on the Troy Lane side. He noted that one of the city parks identified by staff is actually undeveloped old farm land. Chair Anderson introduced Debra Larson, 5600 Vagabond Lane, who stated she is one of 15 members of the Troy Ridge HOA. She stated that under this development, Pulte would create 16 lots fully, or partially within the HOA property. She said she was concerned about how that would interact with the HOA regulations. She provided details on what is included in the HOA easement. She referenced a letter from Pulte regarding the easement. She referenced language in the HOA documents and stated that this development would impact all members of the Troy Ridge HOA, but noted that not all members received notification of this meeting. She stated that the Troy Ridge HOA members have not had sufficient time to review this request and requested that the commission table this request to allow the HOA additional time to respond. Chair Anderson introduced Cameron Tschannen, 5600 Vagabond Lane, who expressed concern with the variance for the southern two lots, asking if that variance would then allow other homeowners in the association to also have variances. He stated that a definition of practical difficulty was requested and did not understand how additional room for a septic system would equate to a practical difficulty. Chair Anderson introduced Michael Krause, 5405 Vagabond Lane, who stated that he is a homeowner within the Troy Ridge HOA. He asked the commission to consider the type of impact that this type of development would have on an established neighborhood because of the private road. He stated that these 15 homes were built in the 1980s and use a private road that has never been taken over by the City. He stated that this type of development is inconsistent with the desire of development for the city as a whole. He stated that these new homeowners would become fee holders and therefore their signatures would be needed for anything related to the easement. He stated he is not opposed to the development, but is concerned with making sure there is a comprehensive plan to anticipate the type of development the City needs. He asked the commission to consider the subdividing of the parcels and the impact that would have on the easement and the potential economic impact to the perpetual easement. He said he was also concerned with ad hoc variance requests that could come forward from allowing this variance. He stated that this variance would accomplish nothing as it is inconsistent with the proposed development and the layout of the existing development. He stated that this would only financially benefit the existing homeowners, and it would allow them to remain in their homes and still subdivide their parcels, while allowing them to be an impediment to others selling their properties in the future. He asked the commission to deny the request unless it is allowed to exclude the parcels on Vagabond Lane or provide a comprehensive plan to address the 15 properties to the south. He stated that if the commission approves the request, the variance should be denied as the sole purpose is for financial gain. Approved Minutes 6 of 11 Meeting of November 1, 2017 Chair Anderson stated that Mr. Krause is currently crossing other properties to access Troy Lane and asked for details on the easement. Mr. Krause provided additional details on the easement. Chair Anderson confirmed the opinion of Mr. Krause that even if the property is sold, those property owners would still have the right to drive on the easement. Chair Anderson introduced Charles Frye, 5455 Vagabond Lane, who stated that his concern is the legal ramifications. He noted that the existing two properties are defined as two properties in the HOA documents and would then be subdivided into 16 properties. He noted that each of the properties have two votes in the HOA and have 2/15 share of paying the maintenance costs. He noted that should the lots not pay their maintenance fees, they would be eligible for a lien on their property until those costs are paid and was unsure how that would be divided between 16 property owners. He noted that some of the properties would only be partially in the boundaries of the HOA. He said he was concerned with one of the 16 property owners not paying their portion of the fees and the ramification of placing a lien on the properties as defined, which would impact 15 other property owners. Chair Anderson closed the public hearing. Senior Planner Drill provided details on the density calculation, noting that the two large lots that would remain were excluded from the calculation. He explained that erosion control is required during the construction process, noting that an inspector would be present as well. Chair Anderson asked if the quality of the wetland would change. Senior Planner Drill replied that the buffer around the wetland protects the wetland and these measures would ensure that the quality of the wetland does not change through construction. He stated that he did not have details on the enrollment for the elementary school, but noted that the school district is aware of the guiding and did not raise any concerns when the application came forward. Senior Engineering Technician Quast provided details on the filtration basin, noting that staff already addressed the overflow concern. He noted that staff would continue to work with the applicant and addressing this concern would be a condition of the final plat. Chair Anderson introduced Mark Rausch, engineer representing the applicant, who stated that he has been working with staff on this element. He provided details on the hydraulics and elevations. He confirmed that if the road floods, the creek will be inundated, and the basin would be inundated but would still handle the water as designed. Chair Anderson stated that the City does not know what the future will hold for the development of the parcel to the south, noting that the property will be guided as LA-1. Mr. Heuer stated that the purpose for the minimum lot size in the rural district is to allow for a secondary septic system site. He stated that he understands the concern of the residents of Troy Approved Minutes 7 of 11 Meeting of November 1, 2017 Ridge and their concern with the development of their properties in the future. He noted that the timing of development does not matter as either way it would be two separate developments. He referenced the private road easement and noted that his real estate attorney is confident that these new homes would not become members of the existing HOA for Troy Ridge. He noted that covenants dissolve after 30 years in Minnesota, although the easement would remain. He stated that developing this parcel would not harm the development ability of the property owners to the south. He stated that on two measures, these homeowners are allowed to sell the back half of their properties and the new homes would not become members of the Troy Ridge HOA. He confirmed that the existing homes would remain with their voting rights, but the amount of property that those homeowners own would simply change. He stated that if there are title issues, they would not close on the sale of the property, but his real estate attorney is confident that there will not be any issues. Chair Anderson stated that he has heard before that HOAs expire after 30 years, but noted there would be an issue with the easement. He asked if the applicant would consider quit claiming the easement rights on the 16 lots to resolve the situation. Mr. Heuer stated that is a great idea. He stated that it is his interpretation that the 16 properties would not have easement rights, but noted if that is not the case, they would be willing to deed those easement rights away. Senior Planner Drill provided additional details on practical difficulties, noting that the focus would be on whether the requested action would be reasonable and not have adverse consequences. He stated that the staff analysis is that this would meet the requirement for a variance. He referenced the comment regarding the city park, noting that the land is city-owned, but is not yet developed as a park. Commissioner Witte asked the evidence of title that would be required for an applicant to provide to the City before applying for rezoning and preliminary plat. Planning Manager Thomson stated it is simply the signature of the property owner of each parcel that is required for a planning application. Chair Anderson stated that before a plat is recorded, the details would be fully reviewed, including a title report. He noted if there are easements of record, those would need to appear on the plat. He asked the commissioners if the reguiding and rezoning would be appropriate. It was the consensus of the commission that the reguiding and the rezoning would be appropriate. Chair Anderson moved to the preliminary plat, which conforms to the applicable zoning requirements and confirmed the consensus of the commission that the preliminary plat would be acceptable. He asked if the variance would be agreeable. Commissioner Witte noted that the variance is just for the septic system and therefore he would not have a problem. Approved Minutes 8 of 11 Meeting of November 1, 2017 Senior Planner Drill stated that the city attorney noted that the variance would be required to reduce the lot size because of the well and septic system. Chair Anderson stated that it appears the applicant is willing to accept the language regarding the availability of a bus turnaround. He stated that the other issue he struggles with is the concern from the owners of the 15 remaining lots that believe they have some rights, and the properties being re-platted may have some rights over the existing HOA. He asked how this would all be resolved, noting that it appears the two existing homes would need to remain in the HOA, while the new homes would need to be a part of the new HOA. Commissioner Saba asked if the commission could approve this with a clear separation. Planning Manager Thomson replied that the commission could add a condition that would require the applicant to show legal documentation that would show that separation. Commissioner Kovach asked if a similar case with an existing HOA has come before the City before. Planning Manager Thomson replied that typically the City does not have interaction with an HOA. She said she believed it would be appropriate for the applicant to provide documentation showing that this separation could be accomplished in a way that is fair and equitable to everyone. Commissioner Witte stated that he is still concerned with the encumbrance on the title. He noted that it is very difficult to obtain 100 percent agreement with an HOA. Planning Manager Thomson stated that the city attorney would be consulted on the additional condition to ensure the City is protected. Chair Anderson noted that the homeowners could also talk with the city attorney to receive his input. Chair Anderson introduced Glenn Carlson, 5650 Vagabond Lane, who stated that his concern is that there has to be 100 percent approval of the easement rights. He noted that the existing property owners in this application have stated that they would not sign away the easement rights even though they are financially benefitting from the deal. He stated he would also like to sell but if the easement rights cannot be agreed upon, he would have difficulty. He stated if the two homeowners would sign away the easement rights, this could all be solved, but they have stated they will not do that. Planning Manager Thomson stated that it appears that it would be appropriate to work with the city attorney before this moves forward to City Council. She stated that the commission could add a condition to address the matter. Commissioner Saba stated if there is clear documentation that shows separation, it should not be that difficult. Approved Minutes 9 of 11 Meeting of November 1, 2017 Mr. Heuer stated that historically from what he has seen, city attorneys may not want to take a position on this private matter and urged the commission to move this forward. He stated that there are natural failsafes in this process, noting that they would not be able to close on property that has encumbrances. He stated that the legal justification can be provided to the City Council. He stated that his real estate attorney has stated that separating the back half of the properties would not put the properties into the road easement. Ms. Larson stated that their HOA declaration for the easement has all 15 of the current parcels, with their legal descriptions, and therefore she is concerned. She stated that perhaps the document can be amended to reduce the size of the parcels. She stated that she has not yet been able to call a meeting of the HOA. She stated that she would be willing to work with city staff and the applicant to amend the documents that need amending. Chair Anderson agreed that an amendment would be needed, or the applicant would not get clear title. He asked if the commission would like to pass this and hope that the details are worked out before the City Council meeting. He stated that in his opinion he would think a condition addressing that item would be sufficient and the applicant, staff and the HOA can work together to resolve the issue prior to going before the City Council. Commissioner Witte stated that he would support tabling the issue. MOTION by Commissioner Saba, seconded by Commissioner Kovach, to approve the request by Pulte Homes of Minnesota for a reguiding, rezoning, preliminary plat and variance for a residential subdivision to be called “Greenway West” for property located west of Troy Lane at 58th Avenue with the added conditions that 1) the applicant provide legal documentation demonstrating that the perpetual street easement now affecting the properties addressed as 5705 and 5755 Vagabond Lane no longer affects the portions of those two lots that are part of the Greenway West plat and 2) the applicant include a turnaround, either on or off the north end of the site, large enough to allow a 40-foot bus to turn around without backing up. Vote. 5 Ayes. MOTION approved. The commission took a short recess. The commission reconvened. C. THE BAINEY GROUP, INC. Chair Anderson introduced the request by The Bainey Group, Inc. for a conditional use permit amendment for an expansion of the dog boarding use (Camp Bow Wow) within an existing industrial building and outdoor play area for property located at 2067 East Center Circle. Senior Planner Sommers gave an overview of the staff report. Commissioner Witte asked for details on the commercial kennel license. Senior Planner Sommers replied that the license is regulated by the state. Approved Minutes 10 of 11 Meeting of November 1, 2017 Commissioner Witte stated that there is a mix of customers and asked for details on the proposed parking. Senior Planner Sommers replied that ten stalls is the minimum number required. Chair Anderson introduced Josh Kruse, the applicant, who stated that they have been at the facility for ten years and have enjoyed providing a service to Plymouth families with dogs. He explained that the expansion would allow for additional dogs and space for the dogs to run around outside. Commissioner Witte asked if the fencing would be solid vinyl. Mr. Kruse replied that the current fencing is eight feet tall. He stated that they currently have an eight-foot tall solid white vinyl fence and would use the same material. Commissioner Saba stated that it appears the state has annual inspections. Mr. Kruse stated that they apply for the license each year, but to his knowledge there are not inspections. He stated that he has remained current each year with the license renewal. Chair Anderson asked if a dog has ever gone over the eight-foot fence. He asked if there have been complaints about noise. Mr. Kruse replied that they have not had a dog go over the fence. He stated that they are in an industrial area with loud neighbors and was not aware of any complaints. Planning Manager Thomson replied that the City has not received any noise complaints. Chair Anderson asked for details on the waste clean-up. Mr. Kruse noted that the dogs are always supervised and waste is cleaned up immediately. Chair Anderson opened the public hearing and closed the public hearing as there was no one present who requested to speak on this item. MOTION by Commissioner Witte, seconded by Commissioner Kovach, to approve the request by The Bainey Group, Inc. for a conditional use permit amendment for an expansion of the dog boarding use (Camp Bow Wow) within an existing industrial building and outdoor play area for property located at 2067 East Center Circle. Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS A. CITY OF PLYMOUTH. (2016038) Chair Anderson suggested and the commissioners agreed to postpone presentation and discussion of the 2040 Comprehensive Plan Update until the next meeting. Approved Minutes 11 of 11 Meeting of November 1, 2017 8. ADJOURNMENT MOTION by Chair Anderson, with no objection, to adjourn the meeting at 9:03 P.M.